85R23678 MCK-D
By: Davis of Harris H.B. No. 1160
A BILL TO BE ENTITLED
AN ACT
relating to a court order for 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 HEALTH CARE. (a) A court
may not render an order requiring or prohibiting specific health
care services, procedures, or treatments, including mental health
care services, procedures, or treatments, for a child in the
conservatorship of the department unless the court verifies that a
health professional providing services, procedures, or treatments
within the scope of practice of the health professional's
occupation has been consulted regarding the proposed care and has
recommended the proposed care.
(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.