| (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. Medical neglect is a subset of the statutory
definition of neglect and involves the following acts or omissions
by a person: failing to seek, obtain, or follow through with medical
care for a child, with the failure resulting in or presenting an immediate
danger of death, disfigurement, or bodily injury or with the failure
resulting in an observable and material impairment to the growth,
development, or functioning of the child.
(b) In this section, the following terms have the following
meanings:
(1) For purposes of this section, "observable and material
impairment" means discernible and substantial damage or deterioration
to the child's health or physical condition, including severe pain
or injury, caused by failure to seek medical attention for obvious
signs of serious illness, failure to follow the advice of a medical
professional, or failure to administer necessary medical care required
for a child's specific health condition.
(2) When determining if medical neglect has occurred,
we will consider the person's pattern of failing or refusing to follow
through with medical care, the severity of the condition, any pain
the child is experiencing from lack of medical care, the possible
impact of non-treatment, and the length of time the condition has
persisted. (3) Medical neglect does not include the following:
(A) Pursuant to TFC §261.111, the mere refusal
to administer or consent to the administration of psychotropic medication
or consent to any other psychiatric or psychological treatment if
the failure does not result in substantial risk of death, disfigurement,
or bodily injury or an observable and material impairment to the child's
growth, development, or functioning;
(B) Pursuant to TFC §261.001(4)(B), a decision
to obtain an opinion from more than one medical provider relating
to the child's medical care, transfer the child's medical care to
a new provider, or transfer the child to another health care facility;
or
(C) A parent or guardian's refusal to provide a child
with specific medical treatment because of a legitimately held religious
belief. However, we may still request a court order to provide medical
services if the child's health requires it and will investigate allegations
of lack of medical care because of religious beliefs if the child's
condition appears to involve medical neglect.
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