HB1151 - Relating to neglect of a child and the grounds for termination of the parent-child relationship and possession of a child by the Department of Family and Protective Services.

      H.B. No. 1151         AN ACT   relating to neglect of a child and the grounds for termination of   the parent-child relationship and possession of a child by the   Department of Family and Protective Services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 161.001(c), Family Code, is amended to   read as follows:          (c)  Evidence of one or more of the following does not   constitute clear and convincing evidence sufficient for a court to   make a finding under Subsection (b) and order termination of the   parent-child relationship:                (1)  the parent homeschooled the child;                (2)  the parent is economically disadvantaged;                (3)  the parent has been charged with a nonviolent   misdemeanor offense other than:                      (A)  an offense under Title 5, Penal Code;                      (B)  an offense under Title 6, Penal Code; or                      (C)  an offense that involves family violence, as   defined by Section 71.004 of this code;                (4)  the parent provided or administered low-THC   cannabis to a child for whom the low-THC cannabis was prescribed   under Chapter 169, Occupations Code;                (5)  the parent declined immunization for the child for   reasons of conscience, including a religious belief;                (6)  the parent sought an opinion from more than one   medical provider relating to the child's medical care, transferred   the child's medical care to a new medical provider, or transferred   the child to another health care facility; [ or ]                (7)  the parent allowed 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 ;                 (8)     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, unless the refusal:                       (A)     presents a substantial risk of death,   disfigurement, or bodily injury to the child; or                       (B)     results in an observable and material   impairment to the growth, development, or functioning of the child;   or                 (9)     the parent chose a recognized alternative health   care treatment or therapy for the child that could be considered as   new, emerging, or nonstandard, unless the treatment or therapy:                       (A)     presents a substantial risk of death,   disfigurement, or bodily injury to the child; or                       (B)     results in an observable and material   impairment to the growth, development, or functioning of the child .          SECTION 2.  Section 261.001(4), Family Code, is amended to   read as follows:                (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 ;                             (iv)     the refusal by a person responsible   for a child's care, custody, or welfare 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, unless the refusal:                                   (a)     presents a substantial risk of   death, disfigurement, or bodily injury to the child; or                                   (b)     results in an observable and   material impairment to the growth, development, or functioning of   the child; or                             (v)     choosing a recognized alternative   health care treatment or therapy for the child that could be   considered as new, emerging, or nonstandard, unless the treatment   or therapy:                                   (a)     presents a substantial risk of   death, disfigurement, or bodily injury to the child; or                                   (b)     results in an observable and   material impairment to the growth, development, or functioning of   the child .          SECTION 3.  Section 262.116(a), Family Code, is amended to   read as follows:     &# [Text truncated for display. 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