89R2756 MLH-F     By: Dutton H.B. No. 2235       A BILL TO BE ENTITLED   AN ACT   relating to the definitions of abuse and neglect of a child.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 71.004, Family Code, is amended to read   as follows:          Sec. 71.004.  FAMILY VIOLENCE.  "Family violence" means:                (1)  an act by a member of a family or household against   another member of the family or household that is intended to result   in physical harm, bodily injury, assault, or sexual assault or that   is a threat that reasonably places the member in fear of imminent   physical harm, bodily injury, assault, or sexual assault, but does   not include defensive measures to protect oneself;                (2)  abuse, as that term is defined by Sections   261.001(1)(A)(iii), (v), (vii), (viii), (ix), (x), (xi), and (xiii)   [261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M)], by a member   of a family or household toward a child of the family or household;   or                (3)  dating violence, as that term is defined by   Section 71.0021.          SECTION 2.  Sections 261.001(1) and (4), Family Code, are   amended to read as follows:                (1)  "Abuse" includes:                      (A)  the following acts or omissions by a person:                            (i) [(A)]  mental or emotional injury to a   child that results in an observable and material impairment in the   child's growth, development, or psychological functioning;                            (ii) [(B)]  causing or permitting the child   to be in a situation in which the child sustains a mental or   emotional injury that results in an observable and material   impairment in the child's growth, development, or psychological   functioning;                            (iii) [(C)]  physical injury that results in   substantial harm to the child, or the genuine threat of substantial   harm from physical injury to the child, including an injury that is   at variance with the history or explanation given and excluding an   accident or reasonable discipline by a parent, guardian, or   managing or possessory conservator that does not expose the child   to a substantial risk of harm;                            (iv) [(D)]  failure to make a reasonable   effort to prevent an action by another person that results in   physical injury that results in substantial harm to the child;                            (v) [(E)]  sexual conduct harmful to a   child's mental, emotional, or physical welfare, including conduct   that constitutes the offense of continuous sexual abuse of young   child or disabled individual under Section 21.02, Penal Code,   indecency with a child under Section 21.11, Penal Code, sexual   assault under Section 22.011, Penal Code, or aggravated sexual   assault under Section 22.021, Penal Code;                            (vi) [(F)]  failure to make a reasonable   effort to prevent sexual conduct harmful to a child;                            (vii) [(G)]  compelling or encouraging the   child to engage in sexual conduct as defined by Section 43.01, Penal   Code, including compelling or encouraging the child in a manner   that constitutes an offense of trafficking of persons under Section   20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under   Section 43.021, Penal Code, or compelling prostitution under   Section 43.05(a)(2), Penal Code;                            (viii) [(H)]  causing, permitting,   encouraging, engaging in, or allowing the photographing, filming,   or depicting of the child if the person knew or should have known   that the resulting photograph, film, or depiction of the child is   obscene as defined by Section 43.21, Penal Code, or pornographic;                            (ix) [(I)]  the current use by a person of a   controlled substance as defined by Chapter 481, Health and Safety   Code, in a manner or to the extent that the use results in physical,   mental, or emotional injury to a child;                            (x) [(J)]  causing, expressly permitting,   or encouraging a child to use a controlled substance as defined by   Chapter 481, Health and Safety Code;                            (xi) [(K)]  causing, permitting,   encouraging, engaging in, or allowing a sexual performance by a   child as defined by Section 43.25, Penal Code;                            (xii) [(L)]  knowingly causing, permitting,   encouraging, engaging in, or allowing a child to be trafficked in a   manner punishable as an offense under Section 20A.02(a)(5), (6),   (7), or (8), Penal Code, or the failure to make a reasonable effort   to prevent a child from being trafficked in a manner punishable as   an offense under any of those sections; or                            (xiii) [(M)]  forcing or coercing a child to   enter into a marriage; and                      (B)  an employee, volunteer, or other individual   working under the auspices of a school, facility, or program using a   form of restraint on a child or secluding a child in a manner that   does not comply with federal law, state law, state rules, or other   applicable regulations for the school, facility, or program.                (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)(A)(v), (vi), (vii), (viii), or (xi) [(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 school, 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   school, 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.          SECTION 3.  This Act takes effect September 1, 2025.