| (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. RAPR is a subset of the statutory definition
of neglect and involves the following acts or omissions by a person:
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.
(b) We will not make a finding of abuse or neglect
against you and will not put your name on the child abuse and neglect
central registry described in subchapter C, chapter 702, of this title
(relating to Child Abuse and Neglect Central Registry) if you refuse
to permit the child to remain in or return to the child's home because:
(1) The child has a severe emotional disturbance;
(2) The refusal is based solely on your inability to
obtain mental health services necessary to protect the safety and
well-being of the child; and
(3) You have exhausted all reasonable means available
to you to obtain the mental health services described above.
(c) In this subsection, the term severe emotional disturbance
means a mental, behavioral, or emotional disorder of sufficient duration
to result in functional impairment that substantially interferes with
or limits a person's role or ability to function in family, school,
or community activities as defined in Texas Family Code §261.001(9).
We consider a child to have a severe emotional disturbance when a
licensed mental health professional has given the child a mental health
diagnosis that:
(1) Is recognized by the current version of the Diagnostic
and Statistical Manual of Mental Disorders. Examples of mental health
diagnoses that are consistent with severe emotional disturbance include,
but are not limited to, Bipolar, Post-Traumatic Stress Disorder, Disruptive
Mood Dysregulation Disorder, Conduct Disorder, Depression, Emotionally
Disturbed, Mood Disorder, Oppositional Defiant Disorder, Psychotic
Disorder, and Reactive Attachment Disorder; and
(2) Results in severe mental, behavioral, or emotional
impairment(s) in functioning such that the child poses a danger to
him or herself or others, or a licensed mental health professional
has determined the child needs inpatient mental health or residential
treatment.
(d) When determining whether the refusal to permit
a child to remain in or return to the child's home was based solely
on your inability to obtain mental health services necessary to protect
the safety and well-being of the child and whether you exhausted all
reasonable means available to obtain mental health services and prevent
the removal of the child, we will consider factors including, but
not limited to, the following:
(1) The reasons you were unable to access appropriate
mental health treatment to meet the child's needs, such as your financial
resources, the lack of appropriate services available in the community,
or other reasons.
(2) Whether you followed recommendations of the mental
health professionals who have treated the child, including complying
with recommendations about actions you need to take, or, if in disagreement
with a professional, whether you discussed with the professional concerns
regarding recommendations, or sought out other mental health professionals
for assistance or treatment, to the extent reasonable and practicable.
(3) Whether the present need for mental health services
is necessary to protect the safety and well-being of the child unrelated
to any recent incident of abuse or neglect.
(e) We will review records in the central registry
and remove your name if you were included in the central registry
when the Texas Department of Family and Protective Services was named
managing conservator of your child who has a severe emotional disturbance
solely, so you could obtain mental health services for the child.
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