Relating to the appointment of the Department of Family and Protective Services and a child's parent or legal guardian as joint managing conservators for the child.
Impact
The bill is poised to affect existing statutes regarding family conservatorship. It aims to establish that parents, after showing they have exhausted reasonable means to secure mental health services, can retain legal management alongside the state, thereby promoting collaboration rather than separation. With these provisions, SB 2591 seeks to protect family unity while ensuring that children receive appropriate support and care, potentially changing how Texas handles child welfare cases involving mental health issues.
Summary
Senate Bill 2591 introduces a significant modification to Texas family law by enabling the appointment of both the Department of Family and Protective Services (DFPS) and a child's parent or legal guardian as joint managing conservators for a child. This arrangement is particularly designed to assist parents whose children display harmful behaviors to themselves or others. The bill emphasizes the importance of parental involvement in treatment plans and proposes to create a legal framework that supports families in accessing necessary mental health services without having to relinquish custody of their children to the state.
Sentiment
The sentiment surrounding SB 2591 appears largely supportive among those advocating for family preservation and mental health services. Organizations such as the Family Freedom Project and Texas Association of Family Defense Attorneys have expressed their backing for the bill, highlighting its potential to ameliorate hardships families face. However, opposition remains, with some critics arguing that the bill does not adequately address circumstances where children are at significant risk or when parents may not be suitable joint conservators.
Contention
Notable points of contention involve debates on the adequacy of provisions that require parents to actively participate in their children's service plans. Critics worry that the bill could unintentionally lead to situations where parents might struggle with their obligations while still needing assistance, therefore risking the welfare of the child. This brings to light the ongoing tension between preserving family unity and ensuring children's safety in high-stakes situations, highlighting the complex nature of family and child welfare law in Texas.
Texas Constitutional Statutes Affected
Family Code
Chapter 262. Procedures In Suit By Governmental Entity To Protect Health And Safety Of Child
Relating to the appointment of the Department of Family and Protective Services and a child's parent or legal guardian as joint managing conservators for the child.
Relating to the definition of child neglect and to the appointment of the Department of Family and Protective Services and a child's parent or legal guardian as joint managing conservators of the child.
Relating to the definition of child neglect and to the appointment of the Department of Family and Protective Services and a child's parent or legal guardian as joint managing conservators of the child.
Relating to the definition of neglect of a child and suits affecting the parent-child relationship in which the Department of Family and Protective Services central is appointed joint managing conservator with the parent.
Relating to the appointment of a guardian ad litem or an attorney ad litem for a child in the conservatorship of the Department of Family and Protective Services.
Relating to applying an active efforts standard for the removal of certain children in the managing conservatorship of the Department of Family and Protective Services.
Relating to applying an active efforts standard for the removal of certain children in the managing conservatorship of the Department of Family and Protective Services.
Relating to the provision of certain services by the Department of Family and Protective Services as an alternative to removing a child and certain procedures with respect to children in the managing conservatorship of the department.
Relating to the duration of an appointment of a guardian ad litem or an attorney ad litem for a child in the conservatorship of the Department of Family and Protective Services.