Bill Caption

Relating to the definition of neglect of a child, the exclusion of certain information from the Department of Family and Protective Services central registry of child abuse or neglect cases, and the report of certain information regarding those cases to the legislature.

Fiscal Notes

No significant fiscal implication to the State or units of local government is anticipated.

Bill Analysis

The bill would amend the definition of neglect in the Family Code by excluding a person’s failure for obtaining the appropriate mental health services necessary to protect the safety and well-being of the child after exhausting all reasonable means available to the person to obtain those services.

 

The bill would require the executive commissioner to adopt rules prohibiting the Department of Family and Protective Services (DFPS) from making a finding of abuse or neglect against a person whose child is under the conservatorship of DFPS only because the child's family was unable to obtain mental health services for the child.

 

The executive commissioner would be required to adopt rules to establish a procedure for reviewing and removing records from the registry where DFPS was named managing conservator of a child only because the child's family was unable to obtain mental health services for the child. Regarding the aforementioned cases, DFPS would be required to report by November 1st of each even-numbered year on the:

1. number of children for whom DFPS has been appointed managing conservator;
2. number of children for whom DFPS was appointed joint managing conservator;
3. number of children diverted to community or residential mental health services through another agency; and
4. number of persons whose names were entered into the central registry for cases of child abuse and neglect.  

The bill would also repeal statute requiring DFPS and the Department of State Health Services to study and develop recommendations to prevent the practice of parents relinquishing custody of children with a severe emotional disturbance and placement of children in the conservatorship of the department solely to obtain mental health services for the child.

Vote Recommendation Notes

The legislation represents a step towards joint conservatorship for children with mental illness whose parents cannot afford to pay the high costs often associated with mental health services. Current law authorizes parents of children with intellectual developmental disabilities who cannot pay for their care to effectively relinquish their children to the state through a joint conservatorship without being placed on the abuse and neglect registry. This option is currently not available to parents of children with mental illness.

This bill would not establish joint conservatorship for parents of children with mental illness. It would simply prohibit parents from being categorized as persons who abuse or neglect children when they relinquish their parental rights.

However, SB 1889 is, in our view, primarily a social issue. Because we do not make recommendations on social issues we remain neutral on SB 1889.