TX
Texas House Bill HB5030

Texas 2023 - 88th Regular

Texas House Bill HB5030

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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.

Impact

The bill is expected to have significant implications for child welfare and family law within the state. By clarifying the conditions under which child neglect can be legally defined, it seeks to protect parents who are actively seeking help for their children from facing undue legal consequences. Moreover, the requirement for courts to consider a parent's participation in the child service plan underscores a shift towards a more collaborative approach between parents and state agencies, potentially leading to better outcomes for children in need of support.

Summary

House Bill 5030 focuses on redefining the concept of child neglect and modifying the procedures regarding the Department of Family and Protective Services' involvement in family law cases. The bill establishes criteria under which the department can become a joint managing conservator with the child's parent, particularly emphasizing the importance of adequate mental health services for children. This legislation aims to ensure that parents who struggle to obtain necessary mental health resources for their children will not be penalized for their inability to provide appropriate care if they have made reasonable attempts to access such services.

Sentiment

Overall, the sentiment surrounding HB5030 appears to be cautiously optimistic. On one hand, proponents highlight that the bill addresses critical gaps in the existing welfare framework by providing safeguards for parents who genuinely strive to meet their children's mental health needs. However, some concerns have been raised regarding the adequacy of available mental health resources and the potential bureaucratic hurdles that may still exist, which could limit the effectiveness of these proposed changes.

Contention

Notable points of contention stem from the challenges in the execution of the bill's directives. While supporters argue that it promotes parental rights and better mental health support for children, critics express skepticism about whether sufficient resources will actually be made available to families. Additionally, discussions have emerged around the balance between parental authority and state intervention, with concerns that the measures could either lead to unnecessary state oversight or fail to protect vulnerable children adequately.

Texas Constitutional Statutes Affected

Family Code

  • Chapter 261. Investigation Of Report Of Child Abuse Or Neglect
    • Section: New Section
  • Chapter 262. Procedures In Suit By Governmental Entity To Protect Health And Safety Of Child
    • Section: 352

Companion Bills

TX HB4905

Duplicate Relating to the definition of child neglect and to the appointment of the Department of Family and Protective Services and a child's parent or legal guardian as joint managing conservators of the child.

Previously Filed As

TX HB4905

Relating to the definition of child neglect and to the appointment of the Department of Family and Protective Services and a child's parent or legal guardian as joint managing conservators of the child.

TX HB2632

Relating to the definition of child neglect and to the appointment of the Department of Family and Protective Services and a child's parent or legal guardian as joint managing conservators of the child.

TX SB2591

Relating to the appointment of the Department of Family and Protective Services and a child's parent or legal guardian as joint managing conservators for the child.

TX SB588

Relating to the appointment of the Department of Family and Protective Services and a child's parent or legal guardian as joint managing conservators for the child.

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 SB1853

Relating to certain procedures in a suit affecting the parent-child relationship for a child placed in the conservatorship of the Department of Family and Protective Services and the provision of family preservation services and community-based foster care.

TX HB2433

Relating to the continuation and functions of the Department of Family and Protective Services and procedures applicable to suits affecting the parent-child relationship, investigations of child abuse and neglect, and conservatorship of a child; affecting fee amounts and authorizing an administrative penalty.

TX SB206

Relating to the continuation and functions of the Department of Family and Protective Services and procedures applicable to suits affecting the parent-child relationship, investigations of child abuse and neglect, and conservatorship of a child; affecting fee amounts and authorizing an administrative penalty.

TX HB730

Relating to policies and procedures regarding certain suits affecting the parent-child relationship, investigations by the Department of Family and Protective Services, and parental child safety placements.

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.

Similar Bills

No similar bills found.