BILL ANALYSIS H.B. 1151 By: Hull Human Services Committee Report (Unamended) BACKGROUND AND PURPOSE The author has informed the committee that parents in Texas have faced Child Protective Services investigations for refusing to consent to psychotropic medication or psychiatric treatments for their children. Current state law does not specifically address the circumstances under which such refusal does not constitute neglect for purposes of a court's termination of the parent-child relationship or the state taking possession of a child, nor does the law address a parent's decision to pursue alternative health care treatment or therapy for such purposes. If state law were to reflect that a parent's refusal of such medication or treatments or their decision to pursue alternative treatment or therapy for their child does not constitute neglect, parents may feel further empowered to make decisions in the best interest of their child. H.B. 1151 seeks to ensure that parents can safely make necessary decisions for their children without the fear of unwarranted state interference by providing clarity on the circumstances in which the state may intervene to protect the child. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 1151 amends the Family Code to establish that, for purposes of a court's order to terminate the parent-child relationship, evidence of any of the following actions does not constitute clear and convincing evidence unless the action presents a substantial risk of death, disfigurement, or bodily injury to the child or results in an observable and material impairment to the growth, development, or functioning of the child: the parent refused to administer or consent to the administration of a psychotropic medication to the child or to consent to any other psychiatric or psychological treatment of the child; or the parent chose a recognized alternative health care treatment or therapy for the child that could be considered as new, emerging, or nonstandard. H.B. 1151 prohibits the Department of Family and Protective Services (DFPS) from taking possession of the child based on evidence of any such action by a parent unless the action presents a substantial risk of death, disfigurement, or bodily injury to the child or results in an observable and material impairment to the growth, development, or functioning of the child. Moreover, the bill establishes that the definition of "neglect" under current law relating to investigations of reports of child abuse or neglect does not include such an action by a person responsible for a child's care, custody, or welfare unless the action presents such a risk or results in such an impairment. H.B. 1151 applies only to a suit filed by DFPS on or after the bill's effective date. A suit filed by DFPS before that date is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose. EFFECTIVE DATE September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 1151
By: Hull
Human Services
Committee Report (Unamended)
H.B. 1151
By: Hull
Human Services
Committee Report (Unamended)
BACKGROUND AND PURPOSE The author has informed the committee that parents in Texas have faced Child Protective Services investigations for refusing to consent to psychotropic medication or psychiatric treatments for their children. Current state law does not specifically address the circumstances under which such refusal does not constitute neglect for purposes of a court's termination of the parent-child relationship or the state taking possession of a child, nor does the law address a parent's decision to pursue alternative health care treatment or therapy for such purposes. If state law were to reflect that a parent's refusal of such medication or treatments or their decision to pursue alternative treatment or therapy for their child does not constitute neglect, parents may feel further empowered to make decisions in the best interest of their child. H.B. 1151 seeks to ensure that parents can safely make necessary decisions for their children without the fear of unwarranted state interference by providing clarity on the circumstances in which the state may intervene to protect the child.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 1151 amends the Family Code to establish that, for purposes of a court's order to terminate the parent-child relationship, evidence of any of the following actions does not constitute clear and convincing evidence unless the action presents a substantial risk of death, disfigurement, or bodily injury to the child or results in an observable and material impairment to the growth, development, or functioning of the child: the parent refused to administer or consent to the administration of a psychotropic medication to the child or to consent to any other psychiatric or psychological treatment of the child; or the parent chose a recognized alternative health care treatment or therapy for the child that could be considered as new, emerging, or nonstandard. H.B. 1151 prohibits the Department of Family and Protective Services (DFPS) from taking possession of the child based on evidence of any such action by a parent unless the action presents a substantial risk of death, disfigurement, or bodily injury to the child or results in an observable and material impairment to the growth, development, or functioning of the child. Moreover, the bill establishes that the definition of "neglect" under current law relating to investigations of reports of child abuse or neglect does not include such an action by a person responsible for a child's care, custody, or welfare unless the action presents such a risk or results in such an impairment. H.B. 1151 applies only to a suit filed by DFPS on or after the bill's effective date. A suit filed by DFPS before that date is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose.
EFFECTIVE DATE September 1, 2025.
BACKGROUND AND PURPOSE
The author has informed the committee that parents in Texas have faced Child Protective Services investigations for refusing to consent to psychotropic medication or psychiatric treatments for their children. Current state law does not specifically address the circumstances under which such refusal does not constitute neglect for purposes of a court's termination of the parent-child relationship or the state taking possession of a child, nor does the law address a parent's decision to pursue alternative health care treatment or therapy for such purposes. If state law were to reflect that a parent's refusal of such medication or treatments or their decision to pursue alternative treatment or therapy for their child does not constitute neglect, parents may feel further empowered to make decisions in the best interest of their child. H.B. 1151 seeks to ensure that parents can safely make necessary decisions for their children without the fear of unwarranted state interference by providing clarity on the circumstances in which the state may intervene to protect the child.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 1151 amends the Family Code to establish that, for purposes of a court's order to terminate the parent-child relationship, evidence of any of the following actions does not constitute clear and convincing evidence unless the action presents a substantial risk of death, disfigurement, or bodily injury to the child or results in an observable and material impairment to the growth, development, or functioning of the child:
the parent refused to administer or consent to the administration of a psychotropic medication to the child or to consent to any other psychiatric or psychological treatment of the child; or
the parent chose a recognized alternative health care treatment or therapy for the child that could be considered as new, emerging, or nonstandard.
H.B. 1151 prohibits the Department of Family and Protective Services (DFPS) from taking possession of the child based on evidence of any such action by a parent unless the action presents a substantial risk of death, disfigurement, or bodily injury to the child or results in an observable and material impairment to the growth, development, or functioning of the child. Moreover, the bill establishes that the definition of "neglect" under current law relating to investigations of reports of child abuse or neglect does not include such an action by a person responsible for a child's care, custody, or welfare unless the action presents such a risk or results in such an impairment.
H.B. 1151 applies only to a suit filed by DFPS on or after the bill's effective date. A suit filed by DFPS before that date is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose.
EFFECTIVE DATE
September 1, 2025.