Bill Text: TX SB1175 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to the abuse of a child, termination of the parent-child relationship, and possession of a child by the Department of Family and Protective Services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-07 - Referred to Health & Human Services [SB1175 Detail]

Download: Texas-2019-SB1175-Introduced.html

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86R12629 MCK-D
By: Menéndez S.B. No. 1175

A BILL TO BE ENTITLED
AN ACT
relating to the abuse of a child, termination of the parent-child
relationship, and possession of a child by the Department of Family
and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.001(c), Family Code, is amended to
read as follows:
(c) A court may not make a finding under Subsection (b) and
order termination of the parent-child relationship based on
evidence that the parent:
(1) homeschooled the child;
(2) is economically disadvantaged;
(3) has been charged with a nonviolent misdemeanor
offense other than:
(A) an offense under Title 5, Penal Code;
(B) an offense under Title 6, Penal Code; or
(C) an offense that involves family violence, as
defined by Section 71.004 of this code;
(4) provided or administered:
(A) low-THC cannabis to a child for whom the
low-THC cannabis was prescribed under Chapter 169, Occupations
Code; or
(B) marihuana as defined by Section 481.002,
Health and Safety Code, or a product that contains marihuana to a
child, if the parent believes that the provision or administration
of the marihuana is in the best interest of the child; or
(5) declined immunization for the child for reasons of
conscience, including a religious belief.
SECTION 2. Section 261.001(1), Family Code, is amended to
read as follows:
(1) "Abuse" includes the following acts or omissions
by a person:
(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;
(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;
(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;
(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;
(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 children
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;
(F) failure to make a reasonable effort to
prevent sexual conduct harmful to a child;
(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, prostitution under Section
43.02(b), Penal Code, or compelling prostitution under Section
43.05(a)(2), Penal Code;
(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;
(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;
(J) causing, expressly permitting, or
encouraging a child to use a controlled substance as defined by
Chapter 481, Health and Safety Code, unless the controlled
substance is:
(i) low-THC cannabis that was prescribed
for the child under Chapter 169, Occupations Code; or
(ii) marihuana as defined by Section
481.002, Health and Safety Code, or a product that contains
marihuana and the parent believes that the provision of the
marihuana is in the best interest of the child;
(K) causing, permitting, encouraging, engaging
in, or allowing a sexual performance by a child as defined by
Section 43.25, Penal Code;
(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
(M) forcing or coercing a child to enter into a
marriage.
SECTION 3. Section 262.116(a), Family Code, is amended to
read as follows:
(a) The Department of Family and Protective Services may not
take possession of a child under this subchapter based on evidence
that the parent:
(1) homeschooled the child;
(2) is economically disadvantaged;
(3) has been charged with a nonviolent misdemeanor
offense other than:
(A) an offense under Title 5, Penal Code;
(B) an offense under Title 6, Penal Code; or
(C) an offense that involves family violence, as
defined by Section 71.004 of this code;
(4) provided or administered:
(A) low-THC cannabis to a child for whom the
low-THC cannabis was prescribed under Chapter 169, Occupations
Code; or
(B) marihuana as defined by Section 481.002,
Health and Safety Code, or a product that contains marihuana to a
child, if the parent believes that the provision or administration
of the marihuana is in the best interest of the child; or
(5) declined immunization for the child for reasons of
conscience, including a religious belief.
SECTION 4. This Act takes effect September 1, 2019.