Texas 2019 - 86th Regular

Texas Senate Bill SB1238

Caption

Relating to the admission, examination, and discharge of a person for mental health services.

Impact

The legislation seeks to enhance the process through which minors can receive mental health services by allowing temporary court authorization under specific conditions. It outlines detailed requirements for petitioning the court, including provisions for medical assessments that support the need for immediate admission. The enactment of SB1238 is expected to streamline the process of obtaining treatment for minors who present serious risks to themselves or others due to mental illness, potentially resulting in better outcomes for vulnerable populations.

Summary

SB1238 focuses on the admission, examination, and discharge processes for individuals seeking mental health services, specifically addressing minors. The bill establishes a framework that allows individuals who have had actual care and custody of a child to petition the court for temporary authority to consent to voluntary inpatient mental health services. This new chapter added to the Family Code emphasizes the importance of legal partnerships in managing the mental health needs of minors, fostering timely interventions where necessary.

Sentiment

Overall, the sentiment surrounding SB1238 appears largely positive, especially among mental health professionals who view the bill as a practical tool for addressing urgent mental health needs in a timely manner. The bill garnered bipartisan support, reflected in its unanimous passage in both chambers of the legislature, indicating a shared recognition of the importance of mental health services access for minors.

Contention

However, there may still be some concerns raised regarding the implications of the bill on parental rights and the possibly expedited processes circumventing traditional consent protocols. While the legislation aims to protect the safety of minors in crisis situations, it also raises questions about ensuring proper legal avenues are followed to guarantee that all stakeholders, particularly parents and guardians, are duly notified throughout the process.

Companion Bills

TX HB3536

Same As Relating to the admission, examination, and discharge of a person for voluntary mental health services.

Similar Bills

TX HB2439

Relating to the appointment of a temporary guardian to receive certain social security benefits.

NJ A3893

Allows complaint for guardianship of minor to be filed six months before minor reaches age 18 under certain circumstances; establishes certain standards for filing guardianship complaints.

AZ SB1604

DCS; misconduct; temporary custody; removal

IL HB1198

GUARDIAN-ADULT W/ DISABILITIES

AZ HB2323

DCS; specialty medical evaluations

MI HB4912

Probate: guardians and conservators; appointment of a temporary guardian; modify procedure, and modify procedure for removing a conservator. Amends secs. 5414 & 5415 of 1998 PA 386 (MCL 700.5414 & 700.5415) & adds sec. 5312a. TIE BAR WITH: HB 4909'23, HB 4910'23, HB 4911'23, HB 5047'23

IL HB4884

GUARDIAN-ADULT W/ DISABILITIES

IL HB2437

PROBATE-TEMPORARY GUARDIANSHIP