HB2069 - Relating to a parent's right to intervene in the apprehension by a peace officer of a child for an emergency detention and certain requirements and restrictions applicable to an emergency detention.

  89R5419 MPF-F     By: Hull H.B. No. 2069       A BILL TO BE ENTITLED   AN ACT   relating to a parent's right to intervene in the apprehension by a   peace officer of a child for an emergency detention and certain   requirements and restrictions applicable to an emergency   detention.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 573.001, Health and Safety Code, is   amended by amending Subsection (a) and adding Subsection (i) to   read as follows:          (a)   Subject to Section 573.0011, a [ A ] peace officer,   without a warrant, may take a person into custody, regardless of the   age of the person, if the officer:                (1)  has reason to believe and does believe that:                      (A)  the person is a person with mental illness;   and                      (B)  because of that mental illness there is a   substantial risk of serious harm to the person or to others unless   the person is immediately restrained; and                (2)  believes that there is not sufficient time to   obtain a warrant before taking the person into custody.           (i)     A peace officer who takes a person into custody under   Subsection (a) must use age-appropriate trauma-informed practices   in responding to the situation.          SECTION 2.  Subchapter A, Chapter 573, Health and Safety   Code, is amended by adding Sections 573.0011 and 573.0012 to read as   follows:           Sec.   573.0011.     PARENT'S RIGHT TO INTERVENE IN EMERGENCY   DETENTION OF CHILD.   (a)   In this section, "child"   means a person   younger than 18 years of age.           (b)     A parent, guardian, conservator, or other person   standing in parental relation to a child who is made aware that the   child is being placed under an emergency detention under this   subchapter has the right to take custody of the child and may   voluntarily seek treatment or services for the child from a   provider of the person's choice.           (c)     A peace officer, including a school district peace   officer commissioned under Section 37.081, Education Code, may not   place a child under an emergency detention under this subchapter   without first attempting to contact the child's parent, guardian,   conservator, or other person standing in parental relation to the   child and informing the person about the person's right under   Subsection (b).           (d)     If a peace officer transports a child to a facility   under Section 573.001(d), the officer must include a statement   describing the officer's attempt to contact a parent, guardian,   conservator, or other person standing in parental relation to the   child, as required by Subsection (c), in the emergency detention   form described by Section 573.002(d) that the officer files with   the facility as a notification of detention under that section.           (e)     If a school district peace officer transports a child to   a facility under Section 573.001(d), in addition to the requirement   imposed by Subsection (d) of this section, the officer must also   document the officer's attempt to contact a parent, guardian,   conservator, or other person standing in parental relation to the   child, as required by Subsection (c), in the child's student   records with the school district, and the district must forward a   copy of the applicable records to the child's parent, guardian,   conservator, or other person standing in parental relation to the   child.           Sec.   573.0012.     CERTAIN RESTRAINT DEVICES PROHIBITED ON   CHILD 10 YEARS OF AGE OR YOUNGER. (a)   A peace officer may not use   handcuffs, electrical devices, chemical agents, or any other   similar devices intended for use in the control or management of   detainees to apprehend a child 10 years of age or younger for   purposes of an emergency detention under this subchapter unless the   peace officer believes that the child poses an imminent risk of harm   to the child or another person if the child is not immediately   restrained.           (b)     If a peace officer uses a restraint device described by   Subsection (a) to apprehend a child, the officer must include in the   emergency detention form described by Section 573.002(d) filed with   a facility as a notification of detention under that section a   statement describing the circumstances that formed the basis for   the officer's belief that a risk of harm was imminent if the child   was not immediately restrained.          SECTION 3.  The changes in law made by this Act apply only to   the apprehension for an emergency detention that occurs on or after   the effective date of this Act.  An apprehension for emergency   detention that occurs before the effective date of this Act is   governed by the law in effect on the date the apprehension for   emergency detention occurred, and the former law is continued in   effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2025.