| (a) Neglect is defined in Texas Family Code (TFC) §261.001(4)
as 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. Physical neglect is a subset of the statutory
definition of neglect and involves the following acts or omissions
by a person: 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.
(b) In this section, the following terms have the following
meanings:
(1) "...necessary to sustain the life or health of
the child ...." is a condition of the statutory definition of physical
neglect and is met if the failure to provide food, clothing, or shelter
results in an observable and material impairment to the child's growth,
development, or functioning, or in an immediate danger of an observable
and material impairment. For purposes of this paragraph, "observable
and material impairment" means discernible and substantial damage
or deterioration to the child's health or physical condition. It may
include but is not limited to malnourishment; sudden or extreme weight
loss; serious skin conditions or skin breakdown; serious illness or
other serious medical conditions; or any other serious physical harm
to the child as a direct result of the physical neglect.
(2) "Relief services" means both public and private
services, including but not limited to services provided through the
government, community agencies, volunteer organizations, relatives,
friends, neighbors, etc., that are intended to improve the overall
well-being and physical condition of the family. The services must
be affordable, reasonable, readily available, and appropriate to meet
the needs of the family. It is not necessary that the relief services
be provided by us.
(c) Evidence of physical neglect may include but is
not limited to the following if they endanger the life or health of
the child: unsound or decaying walls, ceiling, floors, or stairways;
ineffective or faulty heating, cooling, or ventilation systems; inadequate,
faulty, or broken plumbing including contaminated water; broken windows,
mirrors or other glass; dangerous sleeping arrangements; the existence
of dangerous bacteria or germs; nonexistent or ineffective waste disposal;
dangerous food storage; fecal contamination or excessive animal feces
throughout the house; untreated infestations such as fleas, roaches,
or rodents; significant and uncontrolled mildew and mold; dirt buildup
that is likely to cause bacteria and viruses in the dwelling; and
hazardous junk material or appliances left unsecured and within easy
access to the child.
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