|(a) Neglectful supervision is a subset of the statutory
definitions of neglect that appear in Texas Family Code (TFC) §261.001(4)
and includes the following acts or omissions by a person:
(1) 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 a substantial
risk of immediate harm to the child;
(2) Placing a child in or failing to remove the child
from a situation in which the child would be exposed to a substantial
risk of sexual conduct harmful to the child; or
(3) 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 TFC §261.001(1)(E), (F), (G), (H),
or (K) committed against another child.
(b) Neglectful supervision as defined in paragraph
(1) of subsection (a) excludes an accident.
(c) For purposes of evaluating an allegation of "neglectful
supervision", we will consider the following factors when assessing
(1) The child's age;
(2) Any arrangements the parents made to ensure the
(3) The child's physical condition, psychological functioning,
and level of maturity;
(4) Any intellectual, physical, or medical disability
the child has;
(5) Any previous history or patterns of abuse or neglect;
(6) The frequency and duration of similar incidents;
(7) The overall safety of the child's environment.
(d) In the case of prenatal use of alcohol or a controlled
substance that was not lawfully prescribed by a medical practitioner,
was lawfully prescribed as a result of the mother seeking out multiple
health care providers as a means of exceeding ordinary dosages, or
was not being used in accordance with a lawfully issued prescription,
the mother is responsible for neglectful supervision under paragraph
(1) of subsection (a) if:
(1) The mother knew or reasonably should have known
she was pregnant; and
(2) It appears that the mother's use endangered the
physical and emotional well-being of the infant. It is not necessary
that the infant actually suffers from an injury.
(A) For the limited purpose of this subsection, "endangered"
means that the mother's prenatal use exposed the infant to loss or
injury or jeopardized the infant's emotional or physical health.
(B) "Endangered" includes but is not limited to a consideration
of the following factors: evidence the mother extensively used alcohol
or regularly or extensively used a controlled substance over the course
of the pregnancy or in close proximity to the child's expected birth
date, evidence that the mother has an alcohol or drug addiction, or
evidence that the infant was at a substantial risk of immediate harm
from the mother's use of alcohol or a controlled substance.