(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. Physical 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: 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 an immediate danger [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)(No change.)
(c)(No change.)
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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