Texas 2015 - 84th Regular

Texas Senate Bill SB1889 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R27855 MCK-D
2		-	By: Zaffirini, et al. S.B. No. 1889
3		-	(Burkett, Raymond)
4		-	Substitute the following for S.B. No. 1889: No.
	1	+	S.B. No. 1889
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to the definition of neglect of a child, the exclusion of
10	6		certain information from the Department of Family and Protective
11	7		Services central registry of child abuse or neglect cases, and the
12	8		report of certain information regarding those cases to the
13	9		legislature.
14	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	11		SECTION 1. Section 261.001(4), Family Code, is amended to
16	12		read as follows:
17	13		(4) "Neglect":
18	14		(A) includes:
19	15		(i) [(A)] the leaving of a child in a
20	16		situation where the child would be exposed to a substantial risk of
21	17		physical or mental harm, without arranging for necessary care for
22	18		the child, and the demonstration of an intent not to return by a
23	19		parent, guardian, or managing or possessory conservator of the
24	20		child;
25	21		(ii) [(B)] the following acts or omissions
26	22		by a person:
27	23		(a) [(i)] placing a child in or
28	24		failing to remove a child from a situation that a reasonable person
29	25		would realize requires judgment or actions beyond the child's level
30	26		of maturity, physical condition, or mental abilities and that
31	27		results in bodily injury or a substantial risk of immediate harm to
32	28		the child;
33	29		(b) [(ii)] failing to seek, obtain,
34	30		or follow through with medical care for a child, with the failure
35	31		resulting in or presenting a substantial risk of death,
36	32		disfigurement, or bodily injury or with the failure resulting in an
37	33		observable and material impairment to the growth, development, or
38	34		functioning of the child;
39	35		(c) [(iii)] the failure to provide a
40	36		child with food, clothing, or shelter necessary to sustain the life
41	37		or health of the child, excluding failure caused primarily by
42	38		financial inability unless relief services had been offered and
43	39		refused;
44	40		(d) [(iv)] placing a child in or
45	41		failing to remove the child from a situation in which the child
46	42		would be exposed to a substantial risk of sexual conduct harmful to
47	43		the child; or
48	44		(e) [(v)] placing a child in or
49	45		failing to remove the child from a situation in which the child
50	46		would be exposed to acts or omissions that constitute abuse under
51	47		Subdivision (1)(E), (F), (G), (H), or (K) committed against another
52	48		child; or
53	49		(iii) [(C)] the failure by the person
54	50		responsible for a child's care, custody, or welfare to permit the
55	51		child to return to the child's home without arranging for the
56	52		necessary care for the child after the child has been absent from
57	53		the home for any reason, including having been in residential
58	54		placement or having run away; and
59	55		(B) does not include the refusal by a person
60	56		responsible for a child's care, custody, or welfare to permit the
61	57		child to remain in or return to the child's home resulting in the
62	58		placement of the child in the conservatorship of the department if:
63	59		(i) the child has a severe emotional
64	60		disturbance;
65	61		(ii) the person's refusal is based solely on
66	62		the person's inability to obtain mental health services necessary
67	63		to protect the safety and well-being of the child; and
68	64		(iii) the person has exhausted all
69	65		reasonable means available to the person to obtain the mental
70	66		health services described by Subparagraph (ii).
71	67		SECTION 2. Section 261.002(b), Family Code, as amended by
72	68		S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015,
73	69		is amended to read as follows:
74	70		(b) The executive commissioner shall [may] adopt rules
75	71		necessary to carry out this section. The rules shall:
76	72		(1) prohibit the department from making a finding of
77	73		abuse or neglect against a person in a case in which the department
78	74		is named managing conservator of a child who has a severe emotional
79	75		disturbance only because the child's family is unable to obtain
80	76		mental health services for the child; and
81	77		(2) establish guidelines for reviewing the records in
82	78		the registry and removing those records in which the department was
83	79		named managing conservator of a child who has a severe emotional
84	80		disturbance only because the child's family was unable to obtain
85	81		mental health services for the child [provide for cooperation with
86	82		local child service agencies, including hospitals, clinics, and
87	83		schools, and cooperation with other states in exchanging reports to
88	84		effect a national registration system].
89	85		SECTION 3. Section 262.352, Family Code, is amended to read
90	86		as follows:
91	87		Sec. 262.352. JOINT MANAGING CONSERVATORSHIP OF CHILD.
92	88		(a) Before the department files a suit affecting the parent-child
93	89		relationship requesting managing conservatorship [a person
94	90		relinquishes custody] of a child who suffers from a severe
95	91		emotional disturbance in order to obtain mental health services for
96	92		the child, the department must, unless [if] it is not in the best
97	93		interest of the child, discuss with the child's parent or legal
98	94		guardian [person relinquishing custody of the child] the option of
99	95		seeking a court order for joint managing conservatorship of the
100	96		child with the department.
101	97		(b) Not later than November 1 of each even-numbered year,
102	98		the department shall report the following information to the
103	99		legislature:
104	100		(1) with respect to children described by Subsection
105	101		(a):
106	102		(A) the number of children for whom the
107	103		department has been appointed managing conservator;
108	104		(B) the number of children for whom the
109	105		department has been appointed joint managing conservator; and
110	106		(C) the number of children who were diverted to
111	107		community or residential mental health services through another
112	108		agency; and
113	109		(2) the number of persons whose names were entered
114	110		into the central registry of cases of child abuse and neglect only
115	111		because the department was named managing conservator of a child
116	112		who has a severe emotional disturbance because the child's family
117	113		was unable to obtain mental health services for the child.
118	114		(c) Subsection (b) and this subsection expire September 1,
119	115		2019.
120	116		SECTION 4. Section 262.353, Family Code, is repealed.
121	117		SECTION 5. The Department of Family and Protective Services
122	118		shall implement the changes in law made by this Act using funds
123	119		appropriated to the department for the state fiscal biennium ending
124	120		August 31, 2017.
125	121		SECTION 6. This Act takes effect September 1, 2015.
	122	+	______________________________ ______________________________
	123	+	President of the Senate Speaker of the House
	124	+	I hereby certify that S.B. No. 1889 passed the Senate on
	125	+	April 30, 2015, by the following vote: Yeas 31, Nays 0; and that
	126	+	the Senate concurred in House amendment on May 20, 2015, by the
	127	+	following vote: Yeas 30, Nays 0.
	128	+	______________________________
	129	+	Secretary of the Senate
	130	+	I hereby certify that S.B. No. 1889 passed the House, with
	131	+	amendment, on May 14, 2015, by the following vote: Yeas 146,
	132	+	Nays 0, one present not voting.
	133	+	______________________________
	134	+	Chief Clerk of the House
	135	+	Approved:
	136	+	______________________________
	137	+	Date
	138	+	______________________________
	139	+	Governor