Texas 2021 - 87th Regular

Texas Senate Bill SB2015 Compare Versions

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

Old	New	Differences
1	1	87R8503 MLH-F
2	2	By: Buckingham S.B. No. 2015
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) A court may not make a finding under Subsection (b) and
14	14	order termination of the parent-child relationship based on
15	15	evidence that the parent:
16	16	(1) homeschooled the child;
17	17	(2) is economically disadvantaged;
18	18	(3) has been charged with a nonviolent misdemeanor
19	19	offense other than:
20	20	(A) an offense under Title 5, Penal Code;
21	21	(B) an offense under Title 6, Penal Code; or
22	22	(C) an offense that involves family violence, as
23	23	defined by Section 71.004 of this code;
24	24	(4) provided or administered low-THC cannabis to a
25	25	child for whom the low-THC cannabis was prescribed under Chapter
26	26	169, Occupations Code; [or]
27	27	(5) declined immunization for the child for reasons of
28	28	conscience, including a religious belief; or
29	29	(6) sought an opinion from more than one medical
30	30	provider relating to the child's medical care, transferred the
31	31	child's medical care to a new medical provider, or transferred the
32	32	child to another health care facility.
33	33	SECTION 2. Section 261.001(4), Family Code, is amended to
34	34	read as follows:
35	35	(4) "Neglect":
36	36	(A) includes:
37	37	(i) the leaving of a child in a situation
38	38	where the child would be exposed to a substantial risk of physical
39	39	or mental harm, without arranging for necessary care for the child,
40	40	and the demonstration of an intent not to return by a parent,
41	41	guardian, or managing or possessory conservator of the child;
42	42	(ii) the following acts or omissions by a
43	43	person:
44	44	(a) placing a child in or failing to
45	45	remove a child from a situation that a reasonable person would
46	46	realize requires judgment or actions beyond the child's level of
47	47	maturity, physical condition, or mental abilities and that results
48	48	in bodily injury or a substantial risk of immediate harm to the
49	49	child;
50	50	(b) failing to seek, obtain, or follow
51	51	through with medical care for a child, with the failure resulting in
52	52	or presenting a substantial risk of death, disfigurement, or bodily
53	53	injury or with the failure resulting in an observable and material
54	54	impairment to the growth, development, or functioning of the child;
55	55	(c) the failure to provide a child
56	56	with food, clothing, or shelter necessary to sustain the life or
57	57	health of the child, excluding failure caused primarily by
58	58	financial inability unless relief services had been offered and
59	59	refused;
60	60	(d) placing a child in or failing to
61	61	remove the child from a situation in which the child would be
62	62	exposed to a substantial risk of sexual conduct harmful to the
63	63	child; or
64	64	(e) placing a child in or failing to
65	65	remove the child from a situation in which the child would be
66	66	exposed to acts or omissions that constitute abuse under
67	67	Subdivision (1)(E), (F), (G), (H), or (K) committed against another
68	68	child;
69	69	(iii) the failure by the person responsible
70	70	for a child's care, custody, or welfare to permit the child to
71	71	return to the child's home without arranging for the necessary care
72	72	for the child after the child has been absent from the home for any
73	73	reason, including having been in residential placement or having
74	74	run away; or
75	75	(iv) a negligent act or omission by an
76	76	employee, volunteer, or other individual working under the auspices
77	77	of a facility or program, including failure to comply with an
78	78	individual treatment plan, plan of care, or individualized service
79	79	plan, that causes or may cause substantial emotional harm or
80	80	physical injury to, or the death of, a child served by the facility
81	81	or program as further described by rule or policy; and
82	82	(B) does not include:
83	83	(i) the refusal by a person responsible for
84	84	a child's care, custody, or welfare to permit the child to remain in
85	85	or return to the child's home resulting in the placement of the
86	86	child in the conservatorship of the department if:
87	87	(a) [(i)] the child has a severe
88	88	emotional disturbance;
89	89	(b) [(ii)] the person's refusal is
90	90	based solely on the person's inability to obtain mental health
91	91	services necessary to protect the safety and well-being of the
92	92	child; and
93	93	(c) [(iii)] the person has exhausted
94	94	all reasonable means available to the person to obtain the mental
95	95	health services described by Sub-subparagraph (b); or
96	96	(ii) a decision by a person responsible for
97	97	a child's care, custody, or welfare to:
98	98	(a) obtain an opinion from more than
99	99	one medical provider relating to the child's medical care;
100	100	(b) transfer the child's medical care
101	101	to a new medical provider; or
102	102	(c) transfer the child to another
103	103	health care facility [Subparagraph (ii)].
104	104	SECTION 3. Section 262.116(a), Family Code, is amended to
105	105	read as follows:
106	106	(a) The Department of Family and Protective Services may not
107	107	take possession of a child under this subchapter based on evidence
108	108	that the parent:
109	109	(1) homeschooled the child;
110	110	(2) is economically disadvantaged;
111	111	(3) has been charged with a nonviolent misdemeanor
112	112	offense other than:
113	113	(A) an offense under Title 5, Penal Code;
114	114	(B) an offense under Title 6, Penal Code; or
115	115	(C) an offense that involves family violence, as
116	116	defined by Section 71.004 of this code;
117	117	(4) provided or administered low-THC cannabis to a
118	118	child for whom the low-THC cannabis was prescribed under Chapter
119	119	169, Occupations Code; [or]
120	120	(5) declined immunization for the child for reasons of
121	121	conscience, including a religious belief; or
122	122	(6) sought an opinion from more than one medical
123	123	provider relating to the child's medical care, transferred the
124	124	child's medical care to a new medical provider, or transferred the
125	125	child to another health care facility.
126	126	SECTION 4. This Act takes effect immediately if it receives
127	127	a vote of two-thirds of all the members elected to each house, as
128	128	provided by Section 39, Article III, Texas Constitution. If this
129	129	Act does not receive the vote necessary for immediate effect, this
130	130	Act takes effect September 1, 2021.