| 1 | 1 | | By: Frank H.B. No. 5030 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the definition of neglect of a child and suits affecting |
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| 7 | 7 | | the parent-child relationship in which the Department of Family and |
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| 8 | 8 | | Protective Services central is appointed joint managing |
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| 9 | 9 | | conservator with the parent. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 261.001(4)(B)(i), Family Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (i) the refusal by a person responsible for a child's |
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| 14 | 14 | | care, custody, or welfare to permit the child to remain in or return |
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| 15 | 15 | | to the child's home resulting in the placement of the child in the |
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| 16 | 16 | | joint managing conservatorship of the department pursuant to |
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| 17 | 17 | | section 262.352 if: |
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| 18 | 18 | | (a) the child has a severe emotional |
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| 19 | 19 | | disturbance; |
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| 20 | 20 | | (b) the person's refusal is based solely on |
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| 21 | 21 | | the person's inability to obtain mental health services necessary |
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| 22 | 22 | | to protect the safety and well-being of the child; and |
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| 23 | 23 | | (c) the person has exhausted all reasonable |
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| 24 | 24 | | means available to the person to obtain the mental health services |
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| 25 | 25 | | described by Sub-subparagraph (b. |
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| 26 | 26 | | SECTION 2. Section 262.352, Family Code, is amended to read |
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| 27 | 27 | | as follows: |
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| 28 | 28 | | (b) Expired. Before a court may enter an order appointing the |
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| 29 | 29 | | department as the child's joint managing conservator with the |
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| 30 | 30 | | parent or legal guardian, the court must find sufficient evidence |
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| 31 | 31 | | to satisfy a person of ordinary prudence and caution that: |
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| 32 | 32 | | (1) the parent or legal guardian has exhausted all |
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| 33 | 33 | | reasonable means available to the parent or legal guardian to |
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| 34 | 34 | | obtain mental health services to meet the child's needs; |
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| 35 | 35 | | (2) the department is able to provide the services |
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| 36 | 36 | | necessary to meet the child's mental health needs; |
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| 37 | 37 | | (3) the department has identified an available |
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| 38 | 38 | | licensed placement for the child that can meet the child's mental |
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| 39 | 39 | | health needs; |
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| 40 | 40 | | (4) the parent or legal guardian has agreed to |
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| 41 | 41 | | actively participate in the child's service plan in preparation for |
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| 42 | 42 | | the child's return home; and |
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| 43 | 43 | | (5) the orders appointing the parent and the |
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| 44 | 44 | | department as the child's joint managing conservators is in the |
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| 45 | 45 | | child's best interest. |
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| 46 | 46 | | (c) Expired. Unless the court finds that the parent is |
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| 47 | 47 | | indigent, the court shall order child support and medical support |
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| 48 | 48 | | to be paid to the department in the amount equal to the cost of care |
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| 49 | 49 | | to offset the cost of the child's placement and medical care. |
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| 50 | 50 | | (d) A child in the joint managing conservatorship of the |
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| 51 | 51 | | parent or legal guardian and the department shall not receive |
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| 52 | 52 | | temporary emergency care under Section 264.107(g) in a hotel or |
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| 53 | 53 | | other unlicensed setting. |
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| 54 | 54 | | (e) If the department has not identified an available |
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| 55 | 55 | | licensed placement for the child that can meet the child's mental |
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| 56 | 56 | | health needs, the court shall either: |
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| 57 | 57 | | (i) Order that the child be placed with the |
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| 58 | 58 | | parent or legal guardian until another available licensed setting |
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| 59 | 59 | | is identified by the department, or |
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| 60 | 60 | | (ii) Discharge the department as the child's |
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| 61 | 61 | | joint managing conservator and dismiss the suit affecting the |
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| 62 | 62 | | parent-child relationship. |
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| 63 | 63 | | SECTION 2. This Act takes effect September 1, 2023. |
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