Current through Reg. 49, No. 38; September 20, 2024
(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 of neglect and involves 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 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) For purposes of this section, "observable
and material impairment" means discernible and substantial damage or
deterioration to the child's health or physical condition, including severe
pain or injury, caused by failure to seek medical attention for obvious signs
of serious illness, failure to follow the advice of a medical professional, or
failure to administer necessary medical care required for a child's specific
health condition.
(2) When
determining if medical neglect has occurred, we will consider the person's
pattern of failing or refusing to follow through with medical care, the
severity of the condition, any pain the child is experiencing from lack of
medical care, the possible impact of non-treatment, and the length of time the
condition has persisted.
(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;
(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) 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.
