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(a)Physical neglect is a subset of the statutory definitions
of neglect that appear in Texas Family Code §261.001(4) and includes
the following act or omission 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 a substantial risk 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 the Texas Department of Family and Protective Services.
(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.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on February 21, 2020
TRD-202000743 Audrey Carmical
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: April 5, 2020
For further information, please call: (512) 438-3805
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