(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 [definitions] of neglect
[that appear in Texas Family Code §261.001(4)] and involves
[includes] 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 [a substantial risk] 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) - (2)(No change.)
(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; [or]
(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)[(B)] 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.
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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