Texas § FA.262.116 - LIMITS ON REMOVAL

§ FA.262.116. LIMITS ON REMOVAL

LIMITS ON REMOVAL. (a) The Department of Family and Protective Services may not take possession of a child under this subchapter based on evidence that the parent: (1) homeschooled the child; (2) is economically disadvantaged; (3) has been charged with a nonviolent misdemeanor offense other than: (A) an offense under Title 5, Penal Code; (B) an offense under Title 6, Penal Code; or (C) an offense that involves family violence, as defined by Section 71.004 of this code; (4) provided or administered low-THC cannabis to a child for whom the low-THC cannabis was prescribed under Chapter 169 , Occupations Code; (5) declined immunization for the child for reasons of conscience, including a religious belief; (6) sought an opinion from more than one medical provider relating to the child's medical care, transferred the child's medical care to a new medical provider, or transferred the child to another health care facility; (7) allowed the child to engage in independent activities that are appropriate and typical for the child's level of maturity, physical condition, developmental abilities, or culture; (8) tested positive for marihuana, unless the department has evidence that the parent's use of marihuana has caused significant impairment to the child's physical or mental health or emotional development; (9) refused to administer or consent to the administration of a psychotropic medication to the child, or to consent to any other psychiatric or psychological treatment of the child, unless the refusal: (A) presents a substantial risk of death, disfigurement, or bodily injury to the child; or (B) results in an observable and material impairment to the growth, development, or functioning of the child; or (10) chose a recognized alternative health care treatment or therapy for the child that could be considered as new, emerging, or nonstandard, unless the treatment or therapy: (A) presents a substantial risk of death, disfigurement, or bodily injury to the child; or (B) results in an observable and material impairment to the growth, development, or functioning of the child. (b) The department shall train child protective services caseworkers regarding the prohibitions on removal provided under Subsection (a). (c) The executive commissioner of the Health and Human Services Commission may adopt rules to implement this section. (d) This section does not prohibit the department from gathering or offering evidence described by Subsection (a) as part of an action to take possession of a child under this subchapter. Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7 ), Sec. 19, eff. September 1, 2017. Amended by: Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567 ), Sec. 6, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 29 (H.B. 2536 ), Sec. 3, eff. May 15, 2021. Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595 ), Sec. 8.004, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 215 (H.B. 1151 ), Sec. 3, eff. September 1, 2025. SUBCHAPTER C. ADVERSARY HEARING