Bill

HB 2429

84(R) - 2015
House Juvenile Justice & Family Issues
House Juvenile Justice & Family Issues
Children

Vote Recommendation

Vote No; Amend
  • Neutral
  • Neutral
  • Neutral
  • Negative
  • Negative

Author(s)

Hubert Vo

Bill Caption

Relating to the persons who may consent to the medical care or immunization of a child.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 2429 amends the Family Code to include among the persons authorized to consent as a non-parent to the medical, dental, psychological, and surgical treatment of a child a stepparent of the child and an adult who has actual care, control, and possession of the child as the child's primary caregiver.


The bill specifies that a parent, managing conservator, guardian, or other person who, under the law of another state or a court order, is authorized to consent for the child is authorized to give written authorization to consent to the medical, dental, psychological, and surgical treatment of the child to an adult who has actual care, control, and possession of the child or an educational institution in which the child is enrolled.


The bill extends immunity from liability for damages resulting from the examination or treatment of a child currently granted to an adult who has actual care, control, and possession of a child under the jurisdiction of a juvenile court or committed by a juvenile court to the care of an agency of the state or county and to a peace officer who has lawfully taken custody of a child to any non-parent statutorily authorized to consent to the medical, dental, psychological, and surgical treatment of the child.


HB 2429 specifies that a person who may consent to medical, dental, psychological, and surgical treatment of a child as a non-parent, other than a peace officer who has lawfully taken custody of the child, is authorized to consent to the immunization of a child under certain circumstances.

Vote Recommendation Notes

Medical decisions related to a child are best made by the child's parents, legal guardians, or their designees. Adding to the universe of people who may authorize care can be detrimental to a parent's rights, particularly if the person authorizing medical care or treatment is appointed by the state during a contested case involving the parent-child relationship. We recommend legislators oppose this bill unless it is amended to provide limitations on the medical treatments that may be authorized by a court appointed caregiver before parental rights are terminated by a court.