By: Frank H.B. No. 5030       A BILL TO BE ENTITLED   AN ACT   relating to the definition of neglect of a child and suits affecting   the parent-child relationship in which the Department of Family and   Protective Services central is appointed joint managing   conservator with the parent.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 261.001(4)(B)(i), Family Code, is   amended to read as follows:                (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   joint managing conservatorship of the department pursuant to   section 262.352 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.          SECTION 2.  Section 262.352, Family Code, is amended to read   as follows:          (b) Expired. Before a court may enter an order appointing the   department as the child's joint managing conservator with the   parent or legal guardian, the court must find sufficient evidence   to satisfy a person of ordinary prudence and caution that:                (1)  the parent or legal guardian has exhausted all   reasonable means available to the parent or legal guardian to   obtain mental health services to meet the child's needs;                (2)  the department is able to provide the services   necessary to meet the child's mental health needs;                (3)  the department has identified an available   licensed placement for the child that can meet the child's mental   health needs;                (4)  the parent or legal guardian has agreed to   actively participate in the child's service plan in preparation for   the child's return home; and                (5)  the orders appointing the parent and the   department as the child's joint managing conservators is in the   child's best interest.          (c) Expired. Unless the court finds that the parent is   indigent, the court shall order child support and medical support   to be paid to the department in the amount equal to the cost of care   to offset the cost of the child's placement and medical care.          (d) A child in the joint managing conservatorship of the   parent or legal guardian and the department shall not receive   temporary emergency care under Section 264.107(g) in a hotel or   other unlicensed setting.          (e) If the department has not identified an available   licensed placement for the child that can meet the child's mental   health needs, the court shall either:                      (i)  Order that the child be placed with the   parent or legal guardian until another available licensed setting   is identified by the department, or                      (ii)  Discharge the department as the child's   joint managing conservator and dismiss the suit affecting the   parent-child relationship.          SECTION 2.  This Act takes effect September 1, 2023.