Texas 2025 - 89th Regular

Texas House Bill HB1151 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R3843 MM-F
2		-	By: Hull, et al. H.B. No. 1151
3		-
4		-
	2	+	By: Hull H.B. No. 1151
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to neglect of a child and the grounds for termination of
10	8		the parent-child relationship and possession of a child by the
11	9		Department of Family and Protective Services.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Section 161.001(c), Family Code, is amended to
14	12		read as follows:
15	13		(c) Evidence of one or more of the following does not
16	14		constitute clear and convincing evidence sufficient for a court to
17	15		make a finding under Subsection (b) and order termination of the
18	16		parent-child relationship:
19	17		(1) the parent homeschooled the child;
20	18		(2) the parent is economically disadvantaged;
21	19		(3) the parent has been charged with a nonviolent
22	20		misdemeanor offense other than:
23	21		(A) an offense under Title 5, Penal Code;
24	22		(B) an offense under Title 6, Penal Code; or
25	23		(C) an offense that involves family violence, as
26	24		defined by Section 71.004 of this code;
27	25		(4) the parent provided or administered low-THC
28	26		cannabis to a child for whom the low-THC cannabis was prescribed
29	27		under Chapter 169, Occupations Code;
30	28		(5) the parent declined immunization for the child for
31	29		reasons of conscience, including a religious belief;
32	30		(6) the parent sought an opinion from more than one
33	31		medical provider relating to the child's medical care, transferred
34	32		the child's medical care to a new medical provider, or transferred
35	33		the child to another health care facility; [or]
36	34		(7) the parent allowed the child to engage in
37	35		independent activities that are appropriate and typical for the
38	36		child's level of maturity, physical condition, developmental
39	37		abilities, or culture;
40	38		(8) the parent refused to administer or consent to the
41	39		administration of a psychotropic medication to the child, or to
42	40		consent to any other psychiatric or psychological treatment of the
43	41		child, unless the refusal:
44	42		(A) presents a substantial risk of death,
45	43		disfigurement, or bodily injury to the child; or
46	44		(B) results in an observable and material
47	45		impairment to the growth, development, or functioning of the child;
48	46		or
49	47		(9) the parent chose a recognized alternative health
50	48		care treatment or therapy for the child that could be considered as
51	49		new, emerging, or nonstandard, unless the treatment or therapy:
52	50		(A) presents a substantial risk of death,
53	51		disfigurement, or bodily injury to the child; or
54	52		(B) results in an observable and material
55	53		impairment to the growth, development, or functioning of the child.
56	54		SECTION 2. Section 261.001(4), Family Code, is amended to
57	55		read as follows:
58	56		(4) "Neglect" means an act or failure to act by a
59	57		person responsible for a child's care, custody, or welfare
60	58		evidencing the person's blatant disregard for the consequences of
61	59		the act or failure to act that results in harm to the child or that
62	60		creates an immediate danger to the child's physical health or
63	61		safety and:
64	62		(A) includes:
65	63		(i) the leaving of a child in a situation
66	64		where the child would be exposed to an immediate danger of physical
67	65		or mental harm, without arranging for necessary care for the child,
68	66		and the demonstration of an intent not to return by a parent,
69	67		guardian, or managing or possessory conservator of the child;
70	68		(ii) the following acts or omissions by a
71	69		person:
72	70		(a) placing a child in or failing to
73	71		remove a child from a situation that a reasonable person would
74	72		realize requires judgment or actions beyond the child's level of
75	73		maturity, physical condition, or mental abilities and that results
76	74		in bodily injury or an immediate danger of harm to the child;
77	75		(b) failing to seek, obtain, or follow
78	76		through with medical care for a child, with the failure resulting in
79	77		or presenting an immediate danger of death, disfigurement, or
80	78		bodily injury or with the failure resulting in an observable and
81	79		material impairment to the growth, development, or functioning of
82	80		the child;
83	81		(c) the failure to provide a child
84	82		with food, clothing, or shelter necessary to sustain the life or
85	83		health of the child, excluding failure caused primarily by
86	84		financial inability unless relief services had been offered and
87	85		refused;
88	86		(d) placing a child in or failing to
89	87		remove the child from a situation in which the child would be
90	88		exposed to an immediate danger of sexual conduct harmful to the
91	89		child; or
92	90		(e) placing a child in or failing to
93	91		remove the child from a situation in which the child would be
94	92		exposed to acts or omissions that constitute abuse under
95	93		Subdivision (1)(E), (F), (G), (H), or (K) committed against another
96	94		child;
97	95		(iii) the failure by the person responsible
98	96		for a child's care, custody, or welfare to permit the child to
99	97		return to the child's home without arranging for the necessary care
100	98		for the child after the child has been absent from the home for any
101	99		reason, including having been in residential placement or having
102	100		run away; or
103	101		(iv) a negligent act or omission by an
104	102		employee, volunteer, or other individual working under the auspices
105	103		of a facility or program, including failure to comply with an
106	104		individual treatment plan, plan of care, or individualized service
107	105		plan, that causes or may cause substantial emotional harm or
108	106		physical injury to, or the death of, a child served by the facility
109	107		or program as further described by rule or policy; and
110	108		(B) does not include:
111	109		(i) the refusal by a person responsible for
112	110		a child's care, custody, or welfare to permit the child to remain in
113	111		or return to the child's home resulting in the placement of the
114	112		child in the conservatorship of the department if:
115	113		(a) the child has a severe emotional
116	114		disturbance;
117	115		(b) the person's refusal is based
118	116		solely on the person's inability to obtain mental health services
119	117		necessary to protect the safety and well-being of the child; and
120	118		(c) the person has exhausted all
121	119		reasonable means available to the person to obtain the mental
122	120		health services described by Sub-subparagraph (b);
123	121		(ii) allowing the child to engage in
124	122		independent activities that are appropriate and typical for the
125	123		child's level of maturity, physical condition, developmental
126	124		abilities, or culture; [or]
127	125		(iii) a decision by a person responsible
128	126		for a child's care, custody, or welfare to:
129	127		(a) obtain an opinion from more than
130	128		one medical provider relating to the child's medical care;
131	129		(b) transfer the child's medical care
132	130		to a new medical provider; or
133	131		(c) transfer the child to another
134	132		health care facility;
135	133		(iv) the refusal by a person responsible
136	134		for a child's care, custody, or welfare to administer or consent to
137	135		the administration of a psychotropic medication to the child, or to
138	136		consent to any other psychiatric or psychological treatment of the
139	137		child, unless the refusal:
140	138		(a) presents a substantial risk of
141	139		death, disfigurement, or bodily injury to the child; or
142	140		(b) results in an observable and
143	141		material impairment to the growth, development, or functioning of
144	142		the child; or
145	143		(v) choosing a recognized alternative
146	144		health care treatment or therapy for the child that could be
147	145		considered as new, emerging, or nonstandard, unless the treatment
148	146		or therapy:
149	147		(a) presents a substantial risk of
150	148		death, disfigurement, or bodily injury to the child; or
151	149		(b) results in an observable and
152	150		material impairment to the growth, development, or functioning of
153	151		the child.
154	152		SECTION 3. Section 262.116(a), Family Code, is amended to
155	153		read as follows:
156	154		(a) The Department of Family and Protective Services may not
157	155		take possession of a child under this subchapter based on evidence
158	156		that the parent:
159	157		(1) homeschooled the child;
160	158		(2) is economically disadvantaged;
161	159		(3) has been charged with a nonviolent misdemeanor
162	160		offense other than:
163	161		(A) an offense under Title 5, Penal Code;
164	162		(B) an offense under Title 6, Penal Code; or
165	163		(C) an offense that involves family violence, as
166	164		defined by Section 71.004 of this code;
167	165		(4) provided or administered low-THC cannabis to a
168	166		child for whom the low-THC cannabis was prescribed under Chapter
169	167		169, Occupations Code;
170	168		(5) declined immunization for the child for reasons of
171	169		conscience, including a religious belief;
172	170		(6) sought an opinion from more than one medical
173	171		provider relating to the child's medical care, transferred the
174	172		child's medical care to a new medical provider, or transferred the
175	173		child to another health care facility;
176	174		(7) allowed the child to engage in independent
177	175		activities that are appropriate and typical for the child's level
178	176		of maturity, physical condition, developmental abilities, or
179	177		culture; [or]
180	178		(8) tested positive for marihuana, unless the
181	179		department has evidence that the parent's use of marihuana has
182	180		caused significant impairment to the child's physical or mental
183	181		health or emotional development;
184	182		(9) refused to administer or consent to the
185	183		administration of a psychotropic medication to the child, or to
186	184		consent to any other psychiatric or psychological treatment of the
187	185		child, unless the refusal:
188	186		(A) presents a substantial risk of death,
189	187		disfigurement, or bodily injury to the child; or
190	188		(B) results in an observable and material
191	189		impairment to the growth, development, or functioning of the child;
192	190		or
193	191		(10) chose a recognized alternative health care
194	192		treatment or therapy for the child that could be considered as new,
195	193		emerging, or nonstandard, unless the treatment or therapy:
196	194		(A) presents a substantial risk of death,
197	195		disfigurement, or bodily injury to the child; or
198	196		(B) results in an observable and material
199	197		impairment to the growth, development, or functioning of the child.
200	198		SECTION 4. The changes in law made by this Act apply only to
201	199		a suit filed by the Department of Family and Protective Services on
202	200		or after the effective date of this Act. A suit filed by the
203	201		department before that date is governed by the law in effect on the
204	202		date the suit was filed, and the former law is continued in effect
205	203		for that purpose.
206	204		SECTION 5. This Act takes effect September 1, 2025.