TX
Texas House Bill HB2716

Texas 2023 - 88th Regular

Texas House Bill HB2716

Filed
2/23/23  
Out of House Committee
5/3/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to neglect of a child and the grounds for termination of the parent-child relationship and possession of a child by the Department of Family and Protective Services.

Impact

The bill is expected to influence state law significantly by redefining what constitutes neglect and establishing clearer guidelines for parental rights regarding medical decisions. By enumerating specific scenarios where a parent's refusal of treatment for their child should not be deemed neglect, such as the refusal of psychotropic medications, it aims to prevent unjust legal actions against parents who make considered healthcare decisions. Furthermore, the changes initiated by this bill apply only to suits filed after its effective date, ensuring that existing cases are not negatively impacted.

Summary

House Bill 2716 addresses issues surrounding the neglect of children and the conditions under which parental rights can be terminated by the Department of Family and Protective Services (DFPS). The bill aims to clarify the definition of neglect and outline specific circumstances where refusing psychotropic medication for a child would not automatically constitute neglect if parental decisions do not pose substantial risks to the child's safety or well-being. This legislative effort is focused on balancing child welfare with protecting parental rights in medical decision-making processes.

Sentiment

Discussions surrounding HB 2716 have largely showcased a supportive sentiment towards protecting parental rights, with numerous advocacy groups and members of the public expressing approval. However, there are notable concerns part of the conversation regarding the potential implications this could have on child welfare and the responsibilities of medical professionals. Some opposition has emerged advocating for the inclusion of mental health professionals' input in medical decision-making, reflecting a desire for a more nuanced approach that considers the individual needs of children on a case-by-case basis.

Contention

Key points of contention in the discussion of HB 2716 revolve around the implications for child welfare and the balance of authority between parents and state agencies. While supporters argue that the bill offers necessary protections for parents against unjust accusations of neglect related to medical treatment decisions, critics caution that the provisions may inadequately safeguard children's mental health needs. There’s a lingering debate over the role of mental health professionals in these decisions and how best to ensure children's well-being while respecting parental authority.

Texas Constitutional Statutes Affected

Family Code

  • Chapter 161. Termination Of The Parent-child Relationship
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 261. Investigation Of Report Of Child Abuse Or Neglect
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 262. Procedures In Suit By Governmental Entity To Protect Health And Safety Of Child
    • Section: 116
    • Section: 116
    • Section: 116

Companion Bills

No companion bills found.

Previously Filed As

TX HB2536

Relating to neglect of a child and the grounds for termination of the parent-child relationship and possession of a child by the Department of Family and Protective Services.

TX HB1151

Relating to neglect of a child and the grounds for termination of the parent-child relationship and possession of a child by the Department of Family and Protective Services.

TX HB1317

Relating to neglect of a child and the grounds for termination of the parent-child relationship and possession of a child by the Department of Family and Protective Services.

TX SB2015

Relating to neglect of a child and the grounds for termination of the parent-child relationship and possession of a child by the Department of Family and Protective Services.

TX HB567

Relating to the procedures and grounds for terminating the parent-child relationship, for taking possession of a child, and for certain hearings in a suit affecting the parent-child relationship involving the Department of Family and Protective Services.

TX HB3331

Relating to the procedures and grounds for terminating the parent-child relationship, for taking possession of a child, and for certain hearings in a suit affecting the parent-child relationship involving the Department of Family and Protective Services.

TX SB2091

Relating to the procedures and grounds for terminating the parent-child relationship, for taking possession of a child, and for certain hearings in a suit affecting the parent-child relationship involving the Department of Family and Protective Services.

TX SB190

Relating to the procedures and grounds for terminating the parent-child relationship, for taking possession of a child, and for certain hearings in a suit affecting the parent-child relationship involving the Department of Family and Protective Services.

TX SB1175

Relating to the abuse of a child, termination of the parent-child relationship, and possession of a child by the Department of Family and Protective Services.

TX HB4866

Relating to the procedures and grounds for terminating the parent-child relationship.

Similar Bills

No similar bills found.