By: Frank H.B. No. 5030
A BILL TO BE ENTITLED
AN ACT
relating to the definition of neglect of a child and suits affecting
the parent-child relationship in which the Department of Family and
Protective Services central is appointed joint managing
conservator with the parent.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.001(4)(B)(i), Family Code, is
amended to read as follows:
(i) the refusal by a person responsible for a child's
care, custody, or welfare to permit the child to remain in or return
to the child's home resulting in the placement of the child in the
joint managing conservatorship of the department pursuant to
section 262.352 if:
(a) the child has a severe emotional
disturbance;
(b) the person's refusal is based solely on
the person's inability to obtain mental health services necessary
to protect the safety and well-being of the child; and
(c) the person has exhausted all reasonable
means available to the person to obtain the mental health services
described by Sub-subparagraph (b.
SECTION 2. Section 262.352, Family Code, is amended to read
as follows:
(b) Expired. Before a court may enter an order appointing the
department as the child's joint managing conservator with the
parent or legal guardian, the court must find sufficient evidence
to satisfy a person of ordinary prudence and caution that:
(1) the parent or legal guardian has exhausted all
reasonable means available to the parent or legal guardian to
obtain mental health services to meet the child's needs;
(2) the department is able to provide the services
necessary to meet the child's mental health needs;
(3) the department has identified an available
licensed placement for the child that can meet the child's mental
health needs;
(4) the parent or legal guardian has agreed to
actively participate in the child's service plan in preparation for
the child's return home; and
(5) the orders appointing the parent and the
department as the child's joint managing conservators is in the
child's best interest.
(c) Expired. Unless the court finds that the parent is
indigent, the court shall order child support and medical support
to be paid to the department in the amount equal to the cost of care
to offset the cost of the child's placement and medical care.
(d) A child in the joint managing conservatorship of the
parent or legal guardian and the department shall not receive
temporary emergency care under Section 264.107(g) in a hotel or
other unlicensed setting.
(e) If the department has not identified an available
licensed placement for the child that can meet the child's mental
health needs, the court shall either:
(i) Order that the child be placed with the
parent or legal guardian until another available licensed setting
is identified by the department, or
(ii) Discharge the department as the child's
joint managing conservator and dismiss the suit affecting the
parent-child relationship.
SECTION 2. This Act takes effect September 1, 2023.