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AN ACT
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relating to the definition of neglect of a child, the exclusion of |
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certain information from the Department of Family and Protective |
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Services central registry of child abuse or neglect cases, and the |
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report of certain information regarding those cases to the |
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legislature. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.001(4), Family Code, is amended to |
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read as follows: |
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(4) "Neglect": |
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(A) includes: |
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(i) [(A)] the leaving of a child in a |
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situation where the child would be exposed to a substantial risk of |
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physical or mental harm, without arranging for necessary care for |
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the child, and the demonstration of an intent not to return by a |
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parent, guardian, or managing or possessory conservator of the |
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child; |
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(ii) [(B)] the following acts or omissions |
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by a person: |
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(a) [(i)] placing a child in or |
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failing to remove a child from a situation that a reasonable person |
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would realize requires judgment or actions beyond the child's level |
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of maturity, physical condition, or mental abilities and that |
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results in bodily injury or a substantial risk of immediate harm to |
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the child; |
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(b) [(ii)] failing to seek, obtain, |
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or follow through with medical care for a child, with the failure |
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resulting in or presenting a substantial risk of death, |
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disfigurement, or bodily injury or with the failure resulting in an |
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observable and material impairment to the growth, development, or |
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functioning of the child; |
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(c) [(iii)] the failure to provide a |
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child with food, clothing, or shelter necessary to sustain the life |
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or health of the child, excluding failure caused primarily by |
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financial inability unless relief services had been offered and |
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refused; |
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(d) [(iv)] placing a child in or |
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failing to remove the child from a situation in which the child |
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would be exposed to a substantial risk of sexual conduct harmful to |
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the child; or |
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(e) [(v)] placing a child in or |
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failing to remove the child from a situation in which the child |
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would be exposed to acts or omissions that constitute abuse under |
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Subdivision (1)(E), (F), (G), (H), or (K) committed against another |
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child; or |
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(iii) [(C)] the failure by the person |
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responsible for a child's care, custody, or welfare to permit the |
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child to return to the child's home without arranging for the |
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necessary care for the child after the child has been absent from |
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the home for any reason, including having been in residential |
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placement or having run away; and |
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(B) does not include the refusal by a person |
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responsible for a child's care, custody, or welfare to permit the |
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child to remain in or return to the child's home resulting in the |
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placement of the child in the conservatorship of the department if: |
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(i) the child has a severe emotional |
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disturbance; |
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(ii) the person's refusal is based solely on |
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the person's inability to obtain mental health services necessary |
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to protect the safety and well-being of the child; and |
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(iii) the person has exhausted all |
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reasonable means available to the person to obtain the mental |
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health services described by Subparagraph (ii). |
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SECTION 2. Section 261.002(b), Family Code, as amended by |
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S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015, |
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is amended to read as follows: |
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(b) The executive commissioner shall [may] adopt rules |
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necessary to carry out this section. The rules shall: |
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(1) prohibit the department from making a finding of |
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abuse or neglect against a person in a case in which the department |
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is named managing conservator of a child who has a severe emotional |
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disturbance only because the child's family is unable to obtain |
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mental health services for the child; and |
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(2) establish guidelines for reviewing the records in |
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the registry and removing those records in which the department was |
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named managing conservator of a child who has a severe emotional |
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disturbance only because the child's family was unable to obtain |
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mental health services for the child [provide for cooperation with
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local child service agencies, including hospitals, clinics, and
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schools, and cooperation with other states in exchanging reports to
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effect a national registration system]. |
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SECTION 3. Section 262.352, Family Code, is amended to read |
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as follows: |
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Sec. 262.352. JOINT MANAGING CONSERVATORSHIP OF CHILD. |
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(a) Before the department files a suit affecting the parent-child |
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relationship requesting managing conservatorship [a person
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relinquishes custody] of a child who suffers from a severe |
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emotional disturbance in order to obtain mental health services for |
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the child, the department must, unless [if] it is not in the best |
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interest of the child, discuss with the child's parent or legal |
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guardian [person relinquishing custody of the child] the option of |
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seeking a court order for joint managing conservatorship of the |
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child with the department. |
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(b) Not later than November 1 of each even-numbered year, |
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the department shall report the following information to the |
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legislature: |
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(1) with respect to children described by Subsection |
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(a): |
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(A) the number of children for whom the |
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department has been appointed managing conservator; |
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(B) the number of children for whom the |
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department has been appointed joint managing conservator; and |
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(C) the number of children who were diverted to |
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community or residential mental health services through another |
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agency; and |
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(2) the number of persons whose names were entered |
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into the central registry of cases of child abuse and neglect only |
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because the department was named managing conservator of a child |
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who has a severe emotional disturbance because the child's family |
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was unable to obtain mental health services for the child. |
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(c) Subsection (b) and this subsection expire September 1, |
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2019. |
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SECTION 4. Section 262.353, Family Code, is repealed. |
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SECTION 5. The Department of Family and Protective Services |
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shall implement the changes in law made by this Act using funds |
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appropriated to the department for the state fiscal biennium ending |
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August 31, 2017. |
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SECTION 6. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1889 passed the Senate on |
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April 30, 2015, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 20, 2015, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1889 passed the House, with |
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amendment, on May 14, 2015, by the following vote: Yeas 146, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |