Texas 2019 - 86th Regular

Texas House Bill HB1318 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Moody (Senate Sponsor - Rodríguez) H.B. No. 1318
2		-	(In the Senate - Received from the House April 26, 2019;
3		-	April 29, 2019, read first time and referred to Committee on Health &
4		-	Human Services; May 19, 2019, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 8, Nays 1;
6		-	May 19, 2019, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR H.B. No. 1318 By: Perry
	1	+	By: Moody H.B. No. 1318
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to the provision of mental health services to persons
14	7		younger than 18 years of age.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Subtitle A, Title 2, Family Code, is amended by
17	10		adding Chapter 35A to read as follows:
18	11		CHAPTER 35A. TEMPORARY AUTHORIZATION FOR INPATIENT MENTAL HEALTH
19	12		SERVICES FOR MINOR CHILD
20	13		Sec. 35A.001. APPLICABILITY. This chapter applies to a
21	14		person whose relationship to a child would make the person eligible
22	15		to consent to treatment under Section 32.001(a)(1), (2), or (3),
23	16		and who has had actual care, custody, and control of the child for
24	17		the six months preceding the filing of a petition under this
25	18		chapter.
26	19		Sec. 35A.002. TEMPORARY AUTHORIZATION. A person described
27	20		by Section 35A.001 may seek a court order for temporary
28	21		authorization to consent to voluntary inpatient mental health
29	22		services for a child by filing a petition in the district court in
30	23		the county in which the person resides.
31	24		Sec. 35A.003. PETITION FOR TEMPORARY AUTHORIZATION. A
32	25		petition for temporary authorization to consent to voluntary
33	26		inpatient mental health services for a child must:
34	27		(1) be styled "ex parte" and be in the name of the
35	28		child;
36	29		(2) be verified by the petitioner;
37	30		(3) state:
38	31		(A) the name, date of birth, and current physical
39	32		address of the child;
40	33		(B) the name, date of birth, and current physical
41	34		address of the petitioner; and
42	35		(C) the name and, if known, the current physical
43	36		and mailing addresses of the child's parents, conservators, or
44	37		guardians;
45	38		(4) describe the status and location of any court
46	39		proceeding in this or another state with respect to the child;
47	40		(5) describe the petitioner's relationship to the
48	41		child;
49	42		(6) provide the dates during the preceding six months
50	43		that the child has resided with the petitioner;
51	44		(7) contain a certificate of medical examination for
52		-	mental illness prepared by a ~~physician~~ who has examined the ~~child~~
53		-	not earlier than the third day before the date the petition is ~~filed~~
54		-	and be accompanied by a sworn statement containing the ~~physician's~~
55		-	opinion, and the detailed reasons for that opinion, ~~that the child~~
56		-	is a person:
	45	+	mental illness prepared by a psychiatrist who has examined the
	46	+	child not earlier than the third day before the date the petition is
	47	+	filed and be accompanied by a sworn statement containing the
	48	+	psychiatrist's opinion, and the detailed reasons for that opinion,
	49	+	that the child is a person:
57	50		(A) with mental illness or who demonstrates
58	51		symptoms of a serious emotional disorder; and
59	52		(B) who presents a risk of serious harm to self or
60	53		others if not immediately restrained or hospitalized; and
61	54		(8) state any reason that the petitioner is unable to
62	55		obtain signed, written documentation from a parent, conservator, or
63	56		guardian of the child.
64	57		Sec. 35A.004. NOTICE; HEARING. (a) On receipt of the
65	58		petition, the court shall set a hearing.
66	59		(b) A copy of the petition and notice of the hearing shall be
67	60		delivered to the parent, conservator, or guardian of the child by
68	61		personal service or by certified mail, return receipt requested, at
69	62		the last known address of the parent, conservator, or guardian.
	63	+	(c) Proof of service under Subsection (b) must be filed with
	64	+	the court at least three days before the date of the hearing.
70	65		Sec. 35A.005. ORDER FOR TEMPORARY AUTHORIZATION. (a) At
71	66		the hearing on the petition, the court may hear evidence relating to
72	67		the child's need for inpatient mental health services by the
73	68		petitioner, any other matter raised in the petition, and any
74	69		objection or other testimony of the child's parent, conservator, or
75	70		guardian.
76	71		(b) The court shall dismiss the petition for temporary
77	72		authorization if an objection is made by the child's parent,
78	73		conservator, or guardian.
79	74		(c) The court shall grant the petition for temporary
80	75		authorization only if the court finds:
81	76		(1) by a preponderance of the evidence that the child
82	77		does not have available a parent, conservator, guardian, or other
83	78		legal representative to give consent under Section 572.001, Health
84	79		and Safety Code, for voluntary inpatient mental health services;
85	80		and
86	81		(2) by clear and convincing evidence that the child is
87	82		a person:
88	83		(A) with mental illness or who demonstrates
89	84		symptoms of a serious emotional disorder; and
90	85		(B) who presents a risk of serious harm to self or
91	86		others if not immediately restrained or hospitalized.
92	87		(d) Subject to Subsection (e), the order granting temporary
93	88		authorization under this chapter expires on the earliest of:
94	89		(1) the date the petitioner requests that the child be
95	90		discharged from the inpatient mental health facility;
96	91		(2) the date a physician determines that the criteria
97	92		listed in Subsection (c)(2) no longer apply to the child; or
98	93		(3) subject to Subsection (e), the 10th day after the
99	94		date the order for temporary authorization is issued under this
100	95		section.
101	96		(e) The order granting temporary authorization continues in
102	97		effect until the earlier occurrence of an event described by
103	98		Subsection (d)(1) or (2) if the petitioner obtains an order for
104	99		temporary managing conservatorship before the order expires as
105	100		provided by Subsection (d)(3).
106	101		(f) A copy of an order granting temporary authorization
107	102		must:
108	103		(1) be filed under the cause number in any court that
109	104		has rendered a conservatorship or guardian order regarding the
110	105		child; and
111	106		(2) be sent to the last known address of the child's
112	107		parent, conservator, or guardian.
113	108		SECTION 2. Section 572.001, Health and Safety Code, is
114		-	amended by amending Subsections (a), (a-1), and (c-1) and ~~adding~~
115		-	Subsection (a-2) to read as follows:
	109	+	amended by amending Subsections (a), (a-1), (c-1), and (c-2) and
	110	+	adding Subsection (a-2) to read as follows:
116	111		(a) A person 16 years of age or older may request admission
117	112		to an inpatient mental health facility or for outpatient mental
118	113		health services by filing a request with the administrator of the
119	114		facility where admission or outpatient treatment is
120	115		requested. Subject to Subsection (c-1), the [The] parent,
121	116		managing conservator, or guardian of a person younger than 18 years
122	117		of age may request the admission of the person to an inpatient
123	118		mental health facility or for outpatient mental health services by
124	119		filing a request with the administrator of the facility where
125	120		admission or outpatient treatment is requested.
126	121		(a-1) A person eligible to consent to treatment for the
127	122		person under Section 32.001(a)(1), (2), or (3), Family Code, may
128	123		request temporary authorization for the admission of the person to
129	124		an inpatient mental health facility by petitioning under Chapter
130	125		35A, Family Code, in the district court in the county in which the
131	126		person resides for an order for temporary authorization to consent
132	127		to voluntary mental health services under this section. The
133	128		petitioner for temporary authorization may be represented by the
134	129		county attorney or district attorney.
135	130		(a-2) Except as provided by Subsection (c-1) [(c)], an
136	131		inpatient mental health facility may admit or provide services to a
137	132		person 16 years of age or older and younger than 18 years of age if
138	133		the person's parent, managing conservator, or guardian consents to
139	134		the admission or services, even if the person does not consent to
140	135		the admission or services.
141	136		(c-1) A person younger than 18 years of age may not be
142		-	involuntarily committed unless provided by this chapter, Chapter
143		-	55, Family Code, [other state law,] or department rule.
	137	+	involuntarily committed unless provided by this chapter[, other
	138	+	state law,] or department rule.
	139	+	(c-2) If the [The] Department of Family and Protective
	140	+	Services is the guardian or managing conservator of a person
	141	+	younger than 18 years of age, that department may request the
	142	+	admission to an inpatient mental health facility of a minor in the
	143	+	guardianship or managing conservatorship of that department only if
	144	+	a psychiatrist [physician] states under oath the psychiatrist's
	145	+	[physician's] opinion, and the detailed reasons for that opinion,
	146	+	that the minor is a person:
	147	+	(1) with mental illness or who demonstrates symptoms
	148	+	of a serious emotional disorder; and
	149	+	(2) who presents a risk of serious harm to self or
	150	+	others if not immediately restrained or hospitalized.
144	151		SECTION 3. Section 573.001(a), Health and Safety Code, is
145	152		amended to read as follows:
146	153		(a) A peace officer, without a warrant, may take a person
147	154		into custody, regardless of the age of the person, if the officer:
148	155		(1) has reason to believe and does believe that:
149	156		(A) the person is a person with mental illness;
150	157		and
151	158		(B) because of that mental illness there is a
152	159		substantial risk of serious harm to the person or to others unless
153	160		the person is immediately restrained; and
154	161		(2) believes that there is not sufficient time to
155	162		obtain a warrant before taking the person into custody.
156	163		SECTION 4. Section 572.001(c), Health and Safety Code, is
157	164		repealed.
158	165		SECTION 5. This Act takes effect September 1, 2019.
159		-	* * * * *