HB1106 - Relating to the definitions of child abuse and neglect.

      H.B. No. 1106         AN ACT   relating to the definitions of child abuse and neglect.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 261.001, Family Code, is amended by   adding Subdivision (1-a) and amending Subdivision (4) to read as   follows:                 (1-a)     "Abuse" does not include the refusal by a person   responsible for a child's care, custody, or welfare to affirm:                       (A)     a child's perception of the child's gender,   including a refusal to use a child's preferred name or pronouns,   regardless of whether the child's name has been legally changed; or                       (B)  a child's expressed sexual orientation.                (4)  "Neglect" means an act or failure to act by a   person responsible for a child's care, custody, or welfare   evidencing the person's blatant disregard for the consequences of   the act or failure to act that results in harm to the child or that   creates an immediate danger to the child's physical health or   safety and:                      (A)  includes:                            (i)  the leaving of a child in a situation   where the child would be exposed to an immediate danger of physical   or mental harm, without arranging for necessary care for the child,   and the demonstration of an intent not to return by a parent,   guardian, or managing or possessory conservator of the child;                            (ii)  the following acts or omissions by a   person:                                  (a)  placing a child in or failing to   remove a child from a situation that a reasonable person would   realize requires judgment or actions beyond the child's level of   maturity, physical condition, or mental abilities and that results   in bodily injury or an immediate danger of harm to the child;                                  (b)  failing to seek, obtain, or follow   through with medical care for a child, with the failure resulting in   or presenting an immediate danger of death, disfigurement, or   bodily injury or with the failure resulting in an observable and   material impairment to the growth, development, or functioning of   the child;                                  (c)  the failure to provide a child   with food, clothing, or shelter necessary to sustain the life or   health of the child, excluding failure caused primarily by   financial inability unless relief services had been offered and   refused;                                  (d)  placing a child in or failing to   remove the child from a situation in which the child would be   exposed to an immediate danger of sexual conduct harmful to the   child; or                                  (e)  placing a child in or failing to   remove the child from a situation in which the child would be   exposed to acts or omissions that constitute abuse under   Subdivision (1)(E), (F), (G), (H), or (K) committed against another   child;                            (iii)  the failure by the person responsible   for a child's care, custody, or welfare to permit the child to   return to the child's home without arranging for the necessary care   for the child after the child has been absent from the home for any   reason, including having been in residential placement or having   run away; or                            (iv)  a negligent act or omission by an   employee, volunteer, or other individual working under the auspices   of a facility or program, including failure to comply with an   individual treatment plan, plan of care, or individualized service   plan, that causes or may cause substantial emotional harm or   physical injury to, or the death of, a child served by the facility   or program as further described by rule or policy; and                      (B)  does not include:                            (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 conservatorship of the department 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);                            (ii)  allowing the child to engage in   independent activities that are appropriate and typical for the   child's level of maturity, physical condition, developmental   abilities, or culture; [ or ]                            (iii)  a decision by a person responsible   for a child's care, custody, or welfare to:                                  (a)  obtain an opinion from more than   one medical provider relating to the child's medical care;                                  (b)  transfer the child's medical care   to a new medical provider; or                                  (c)  transfer the child to another   health care facility ; or                             (iv)     the refusal by a person responsible   for a child's care, custody, or welfare to affirm:                                   (a)     a child's perception of the   child's gender, including a refusal to use a child's preferred name   or pronouns, regardless of whether the child's name has been   legally changed; or                                   (b)     a child's expressed sexual   orientation .          SECTION 2.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 1106 was passed by the House on May   14, 2025, by the following vote:  Yeas 85, Nays 59, 2 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 1106 was passed by the Senate on May   28, 2025, by the following vote:  Yeas 20, Nays 11.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor