Texas 2021 - 87th Regular

Texas House Bill HB1317 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R639 MCK-F
2	2	By: Noble H.B. No. 1317
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to neglect of a child and the grounds for termination of
8	8	the parent-child relationship and possession of a child by the
9	9	Department of Family and Protective Services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 161.001(c), Family Code, is amended to
12	12	read as follows:
13	13	(c) Evidence of one or more of the following does not
14	14	constitute clear and convincing evidence sufficient for a court to
15	15	[A court may not] make a finding under Subsection (b) and order
16	16	termination of the parent-child relationship [based on evidence
17	17	that the parent]:
18	18	(1) the parent homeschooled the child;
19	19	(2) the parent is economically disadvantaged;
20	20	(3) the parent has been charged with a nonviolent
21	21	misdemeanor offense other than:
22	22	(A) an offense under Title 5, Penal Code;
23	23	(B) an offense under Title 6, Penal Code; or
24	24	(C) an offense that involves family violence, as
25	25	defined by Section 71.004 of this code;
26	26	(4) the parent provided or administered low-THC
27	27	cannabis to a child for whom the low-THC cannabis was prescribed
28	28	under Chapter 169, Occupations Code; [or]
29	29	(5) the parent declined immunization for the child for
30	30	reasons of conscience, including a religious belief; or
31	31	(6) the parent allowed the child to engage in
32	32	independent activities that are appropriate and typical for the
33	33	child's level of maturity, physical condition, developmental
34	34	abilities, or culture.
35	35	SECTION 2. Section 261.001(4), Family Code, is amended to
36	36	read as follows:
37	37	(4) "Neglect" means an act or failure to act by a
38	38	person responsible for a child's care, custody, or welfare
39	39	evidencing the person's blatant disregard for the consequences of
40	40	the act or failure to act that results in harm to the child or that
41	41	creates an immediate danger to the child's physical health or
42	42	safety and:
43	43	(A) includes:
44	44	(i) the leaving of a child in a situation
45	45	where the child would be exposed to an immediate danger [a
46	46	substantial risk] of physical or mental harm, without arranging for
47	47	necessary care for the child, and the demonstration of an intent not
48	48	to return by a parent, guardian, or managing or possessory
49	49	conservator of the child;
50	50	(ii) the following acts or omissions by a
51	51	person:
52	52	(a) placing a child in or failing to
53	53	remove a child from a situation that a reasonable person would
54	54	realize requires judgment or actions beyond the child's level of
55	55	maturity, physical condition, or mental abilities and that results
56	56	in bodily injury or an immediate danger [a substantial risk] of
57	57	[immediate] harm to the child;
58	58	(b) failing to seek, obtain, or follow
59	59	through with medical care for a child, with the failure resulting in
60	60	or presenting an immediate danger [a substantial risk] of death,
61	61	disfigurement, or bodily injury or with the failure resulting in an
62	62	observable and material impairment to the growth, development, or
63	63	functioning of the child;
64	64	(c) the failure to provide a child
65	65	with food, clothing, or shelter necessary to sustain the life or
66	66	health of the child, excluding failure caused primarily by
67	67	financial inability unless relief services had been offered and
68	68	refused;
69	69	(d) placing a child in or failing to
70	70	remove the child from a situation in which the child would be
71	71	exposed to an immediate danger [a substantial risk] of sexual
72	72	conduct harmful to the child; or
73	73	(e) placing a child in or failing to
74	74	remove the child from a situation in which the child would be
75	75	exposed to acts or omissions that constitute abuse under
76	76	Subdivision (1)(E), (F), (G), (H), or (K) committed against another
77	77	child;
78	78	(iii) the failure by the person responsible
79	79	for a child's care, custody, or welfare to permit the child to
80	80	return to the child's home without arranging for the necessary care
81	81	for the child after the child has been absent from the home for any
82	82	reason, including having been in residential placement or having
83	83	run away; or
84	84	(iv) a negligent act or omission by an
85	85	employee, volunteer, or other individual working under the auspices
86	86	of a facility or program, including failure to comply with an
87	87	individual treatment plan, plan of care, or individualized service
88	88	plan, that causes or may cause substantial emotional harm or
89	89	physical injury to, or the death of, a child served by the facility
90	90	or program as further described by rule or policy; and
91	91	(B) does not include:
92	92	(i) the refusal by a person responsible for
93	93	a child's care, custody, or welfare to permit the child to remain in
94	94	or return to the child's home resulting in the placement of the
95	95	child in the conservatorship of the department if:
96	96	(a) [(i)] the child has a severe
97	97	emotional disturbance;
98	98	(b) [(ii)] the person's refusal is
99	99	based solely on the person's inability to obtain mental health
100	100	services necessary to protect the safety and well-being of the
101	101	child; and
102	102	(c) [(iii)] the person has exhausted
103	103	all reasonable means available to the person to obtain the mental
104	104	health services described by Sub-subparagraph (b); or
105	105	(ii) allowing the child to engage in
106	106	independent activities that are appropriate and typical for the
107	107	child's level of maturity, physical condition, developmental
108	108	abilities, or culture [Subparagraph (ii)].
109	109	SECTION 3. Section 262.116(a), Family Code, is amended to
110	110	read as follows:
111	111	(a) The Department of Family and Protective Services may not
112	112	take possession of a child under this subchapter based on evidence
113	113	that the parent:
114	114	(1) homeschooled the child;
115	115	(2) is economically disadvantaged;
116	116	(3) has been charged with a nonviolent misdemeanor
117	117	offense other than:
118	118	(A) an offense under Title 5, Penal Code;
119	119	(B) an offense under Title 6, Penal Code; or
120	120	(C) an offense that involves family violence, as
121	121	defined by Section 71.004 of this code;
122	122	(4) provided or administered low-THC cannabis to a
123	123	child for whom the low-THC cannabis was prescribed under Chapter
124	124	169, Occupations Code; [or]
125	125	(5) declined immunization for the child for reasons of
126	126	conscience, including a religious belief; or
127	127	(6) allowed the child to engage in independent
128	128	activities that are appropriate and typical for the child's level
129	129	of maturity, physical condition, developmental abilities, or
130	130	culture.
131	131	SECTION 4. This Act takes effect September 1, 2021.