(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. Neglectful supervision is a subset
of the statutory definition [definitions] of
neglect [that appear in Texas Family Code §261.001(4)]
and involves [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 an immediate
danger [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 an immediate
danger a substantial risk of sexual conduct harmful to the child;
or
(3)(No change.)
(b)Neglectful supervision as defined in paragraph
(1) of subsection (a) excludes the following:
(1)An [an] accident.
(2)Pursuant to TFC §261.001(4)(B),
allowing the child to engage in independent activities that are appropriate
and typical for the child's level of maturity, physical condition,
developmental abilities or culture.
(c)For purposes of evaluating an allegation of "neglectful
supervision", we will consider the following factors when assessing
immediate danger [substantial risk]:
(1) - (7)(No change.)
(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)(No change.)
(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)(No change.)
(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] in
immediate danger of harm from the mother's use of
alcohol or a controlled substance.
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 June 15, 2022
TRD-202202257 Vicki Kozikoujekian
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: July 31, 2022
For further information, please call: (512) 929-6824
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