Texas 2023 - 88th Regular

Texas House Bill HB2716 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R9302 BDP-F
2	2	By: Hull H.B. No. 2716
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, as amended by
12	12	Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th
13	13	Legislature, Regular Session, 2021, is reenacted and amended to
14	14	read as follows:
15	15	(c) Evidence of one or more of the following does not
16	16	constitute clear and convincing evidence sufficient for a court to
17	17	make a finding under Subsection (b) and order termination of the
18	18	parent-child relationship:
19	19	(1) the parent homeschooled the child;
20	20	(2) the parent is economically disadvantaged;
21	21	(3) the parent has been charged with a nonviolent
22	22	misdemeanor offense other than:
23	23	(A) an offense under Title 5, Penal Code;
24	24	(B) an offense under Title 6, Penal Code; or
25	25	(C) an offense that involves family violence, as
26	26	defined by Section 71.004 of this code;
27	27	(4) the parent provided or administered low-THC
28	28	cannabis to a child for whom the low-THC cannabis was prescribed
29	29	under Chapter 169, Occupations Code;
30	30	(5) the parent declined immunization for the child for
31	31	reasons of conscience, including a religious belief; [or]
32	32	(6) the parent sought an opinion from more than one
33	33	medical provider relating to the child's medical care, transferred
34	34	the child's medical care to a new medical provider, or transferred
35	35	the child to another health care facility;
36	36	(7) [(6)] the parent allowed the child to engage in
37	37	independent activities that are appropriate and typical for the
38	38	child's level of maturity, physical condition, developmental
39	39	abilities, or culture; or
40	40	(8) the parent refused to administer or consent to the
41	41	administration of a psychotropic medication to the child, or to
42	42	consent to any other psychiatric or psychological treatment of the
43	43	child, unless the refusal:
44	44	(A) presents a substantial risk of death,
45	45	disfigurement, or bodily injury to the child; or
46	46	(B) results in an observable and material
47	47	impairment to the growth, development, or functioning of the child.
48	48	SECTION 2. Section 261.001(4), Family Code, as amended by
49	49	Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th
50	50	Legislature, Regular Session, 2021, is reenacted and amended to
51	51	read as follows:
52	52	(4) "Neglect" means an act or failure to act by a
53	53	person responsible for a child's care, custody, or welfare
54	54	evidencing the person's blatant disregard for the consequences of
55	55	the act or failure to act that results in harm to the child or that
56	56	creates an immediate danger to the child's physical health or
57	57	safety and:
58	58	(A) includes:
59	59	(i) the leaving of a child in a situation
60	60	where the child would be exposed to an immediate danger of physical
61	61	or mental harm, without arranging for necessary care for the child,
62	62	and the demonstration of an intent not to return by a parent,
63	63	guardian, or managing or possessory conservator of the child;
64	64	(ii) the following acts or omissions by a
65	65	person:
66	66	(a) placing a child in or failing to
67	67	remove a child from a situation that a reasonable person would
68	68	realize requires judgment or actions beyond the child's level of
69	69	maturity, physical condition, or mental abilities and that results
70	70	in bodily injury or an immediate danger of harm to the child;
71	71	(b) failing to seek, obtain, or follow
72	72	through with medical care for a child, with the failure resulting in
73	73	or presenting an immediate danger of death, disfigurement, or
74	74	bodily injury or with the failure resulting in an observable and
75	75	material impairment to the growth, development, or functioning of
76	76	the child;
77	77	(c) the failure to provide a child
78	78	with food, clothing, or shelter necessary to sustain the life or
79	79	health of the child, excluding failure caused primarily by
80	80	financial inability unless relief services had been offered and
81	81	refused;
82	82	(d) placing a child in or failing to
83	83	remove the child from a situation in which the child would be
84	84	exposed to an immediate danger of sexual conduct harmful to the
85	85	child; or
86	86	(e) placing a child in or failing to
87	87	remove the child from a situation in which the child would be
88	88	exposed to acts or omissions that constitute abuse under
89	89	Subdivision (1)(E), (F), (G), (H), or (K) committed against another
90	90	child;
91	91	(iii) the failure by the person responsible
92	92	for a child's care, custody, or welfare to permit the child to
93	93	return to the child's home without arranging for the necessary care
94	94	for the child after the child has been absent from the home for any
95	95	reason, including having been in residential placement or having
96	96	run away; or
97	97	(iv) a negligent act or omission by an
98	98	employee, volunteer, or other individual working under the auspices
99	99	of a facility or program, including failure to comply with an
100	100	individual treatment plan, plan of care, or individualized service
101	101	plan, that causes or may cause substantial emotional harm or
102	102	physical injury to, or the death of, a child served by the facility
103	103	or program as further described by rule or policy; and
104	104	(B) does not include:
105	105	(i) the refusal by a person responsible for
106	106	a child's care, custody, or welfare to permit the child to remain in
107	107	or return to the child's home resulting in the placement of the
108	108	child in the conservatorship of the department if:
109	109	(a) the child has a severe emotional
110	110	disturbance;
111	111	(b) the person's refusal is based
112	112	solely on the person's inability to obtain mental health services
113	113	necessary to protect the safety and well-being of the child; and
114	114	(c) the person has exhausted all
115	115	reasonable means available to the person to obtain the mental
116	116	health services described by Sub-subparagraph (b); [or]
117	117	(ii) allowing the child to engage in
118	118	independent activities that are appropriate and typical for the
119	119	child's level of maturity, physical condition, developmental
120	120	abilities, or culture;
121	121	(iii) [(ii)] a decision by a person
122	122	responsible for a child's care, custody, or welfare to:
123	123	(a) obtain an opinion from more than
124	124	one medical provider relating to the child's medical care;
125	125	(b) transfer the child's medical care
126	126	to a new medical provider; or
127	127	(c) transfer the child to another
128	128	health care facility; or
129	129	(iv) the refusal by a person responsible
130	130	for a child's care, custody, or welfare to administer or consent to
131	131	the administration of a psychotropic medication to the child, or to
132	132	consent to any other psychiatric or psychological treatment of the
133	133	child, unless the refusal:
134	134	(a) presents a substantial risk of
135	135	death, disfigurement, or bodily injury to the child; or
136	136	(b) results in an observable and
137	137	material impairment to the growth, development, or functioning of
138	138	the child.
139	139	SECTION 3. Section 262.116(a), Family Code, as amended by
140	140	Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th
141	141	Legislature, Regular Session, 2021, is reenacted and amended to
142	142	read as follows:
143	143	(a) The Department of Family and Protective Services may not
144	144	take possession of a child under this subchapter based on evidence
145	145	that the parent:
146	146	(1) homeschooled the child;
147	147	(2) is economically disadvantaged;
148	148	(3) has been charged with a nonviolent misdemeanor
149	149	offense other than:
150	150	(A) an offense under Title 5, Penal Code;
151	151	(B) an offense under Title 6, Penal Code; or
152	152	(C) an offense that involves family violence, as
153	153	defined by Section 71.004 of this code;
154	154	(4) provided or administered low-THC cannabis to a
155	155	child for whom the low-THC cannabis was prescribed under Chapter
156	156	169, Occupations Code;
157	157	(5) declined immunization for the child for reasons of
158	158	conscience, including a religious belief; [or]
159	159	(6) sought an opinion from more than one medical
160	160	provider relating to the child's medical care, transferred the
161	161	child's medical care to a new medical provider, or transferred the
162	162	child to another health care facility;
163	163	(7) [(6)] allowed the child to engage in independent
164	164	activities that are appropriate and typical for the child's level
165	165	of maturity, physical condition, developmental abilities, or
166	166	culture; [or]
167	167	(8) [(7)] tested positive for marihuana, unless the
168	168	department has evidence that the parent's use of marihuana has
169	169	caused significant impairment to the child's physical or mental
170	170	health or emotional development; or
171	171	(9) refused to administer or consent to the
172	172	administration of a psychotropic medication to the child, or to
173	173	consent to any other psychiatric or psychological treatment of the
174	174	child, unless the refusal:
175	175	(A) presents a substantial risk of death,
176	176	disfigurement, or bodily injury to the child; or
177	177	(B) results in an observable and material
178	178	impairment to the growth, development, or functioning of the child.
179	179	SECTION 4. The changes in law made by this Act apply only to
180	180	a suit filed by the Department of Family and Protective Services on
181	181	or after the effective date of this Act. A suit filed by the
182	182	department before that date is governed by the law in effect on the
183	183	date the suit was filed, and the former law is continued in effect
184	184	for that purpose.
185	185	SECTION 5. To the extent of any conflict, this Act prevails
186	186	over another Act of the 88th Legislature, Regular Session, 2023,
187	187	relating to nonsubstantive additions to and corrections in enacted
188	188	codes.
189	189	SECTION 6. This Act takes effect September 1, 2023.