89R13597 AMF-F     By: Campos H.B. No. 2632       A BILL TO BE ENTITLED   AN ACT   relating to the definition of child neglect and to the appointment   of the Department of Family and Protective Services and a child's   parent or legal guardian as joint managing conservators of the   child.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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, including joint   managing conservatorship under 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);                            (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 2.  Section 262.352, Family Code, is amended to read   as follows:          Sec. 262.352.  JOINT MANAGING CONSERVATORSHIP OF CHILD.  (a)     In this section, "hotel" has the meaning assigned by Section   792.001, Health and Safety Code.          (b)  Before the department files a suit affecting the   parent-child relationship requesting managing conservatorship of a   child who suffers from a severe emotional disturbance in order to   obtain mental health services for the child, the department must,   unless it is not in the best interest of the child, discuss with the   child's parent or legal guardian the option of seeking a court order   for joint managing conservatorship of the child with the   department.          (c)  A court shall enter an order appointing the department   and the child's parent or legal guardian as joint managing   conservators of the child if the court finds sufficient evidence to   satisfy a person of ordinary prudence and caution that:                (1)  the child's 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 child's parent or legal guardian has agreed to   actively participate in the child's service plan in preparation for   the child's return to the parent or legal guardian;                (3)  the department is able to provide services   necessary to meet the child's mental health needs;                (4)  the department has identified an available   licensed placement or a relative or other designated caregiver for   the child to meet the child's mental health needs; and                (5)  joint managing conservatorship of the child is in   the child's best interest.          (d)  A child in the joint managing conservatorship of the   department and the child's parent or legal guardian may not receive   temporary emergency care under Section 264.107(g) in a hotel or   other unlicensed setting.          (e)  To offset the cost of services and care provided to a   child in the joint managing conservatorship of the department and   the child's parent or legal guardian, the court shall order the   parent to pay child support and medical support to the department in   an amount equal to the cost of the services and care, unless the   court finds that the parent is indigent.          (f)  If the department is unable to identify an available   licensed placement to meet the mental health needs of a child in the   joint managing conservatorship of the department and the child's   parent or legal guardian, the court shall:                (1)  order the child to be placed with the child's   parent or legal guardian until the department identifies an   available licensed placement for the child; or                (2)  remove the department as a joint managing   conservator of the child and dismiss the suit affecting the   parent-child relationship.          SECTION 3.  This Act takes effect September 1, 2025.