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TX HB2632
Bill
Status
2/11/2025
Primary Sponsor
Elizabeth Campos
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AI Summary
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Amends the definition of "neglect" in the Texas Family Code to require a "blatant disregard" standard and clarifies that parents refusing to allow a child with severe emotional disturbance to remain home due to inability to obtain necessary mental health services do not commit neglect, including when this results in joint managing conservatorship with the Department of Family and Protective Services (DFPS)
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Requires DFPS to discuss joint managing conservatorship as an option with parents before filing suit for managing conservatorship of a child with severe emotional disturbance who needs mental health services, unless contrary to the child's best interest
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Establishes five criteria courts must find before ordering joint managing conservatorship: parent exhausted all reasonable means to obtain mental health services, parent agrees to participate in service plan, DFPS can provide necessary services, DFPS has identified an available licensed placement or caregiver, and joint conservatorship is in the child's best interest
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Prohibits placing children in joint DFPS/parent conservatorship in hotels or other unlicensed settings for temporary emergency care, and requires non-indigent parents to pay child support and medical support equal to the cost of services provided
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Mandates that if DFPS cannot identify an available licensed placement, the court must either order the child placed with the parent until placement is found, or remove DFPS as joint conservator and dismiss the case
Legislative Description
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.
FAMILY & PROTECTIVE SERVICES, DEPARTMENT OF
Last Action
Referred to Human Services
3/18/2025