85R5922 MCK-D
By: Davis of Harris H.B. No. 1160
A BILL TO BE ENTITLED
AN ACT
relating to a court order for medical or mental health care for a
child in the conservatorship of the Department of Family and
Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 266, Family Code, is
amended to read as follows:
CHAPTER 266. MEDICAL CARE AND EDUCATIONAL SERVICES FOR CHILDREN IN
CONSERVATORSHIP OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
[FOSTER CARE]
SECTION 2. Chapter 266, Family Code, is amended by adding
Section 266.005 to read as follows:
Sec. 266.005. CONSULTATION FOR MEDICAL CARE. (a) A court
may not render an order requiring or prohibiting medical care,
including mental health care, for a child in the conservatorship of
the department unless:
(1) the court verifies that a medical or mental health
professional, as appropriate, has been consulted regarding the
proposed care; and
(2) evidence of the medical or mental health
professional's consultation or recommendation is admitted as
evidence.
(b) Subsection (a) does not apply to a court order for
emergency medical care, including mental health care, for a child
in the conservatorship of the department.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.