reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 31 - Removal of Disabilities of Minority › Section 31.008. Waiver of Citation

Sec. 31.008.  WAIVER OF CITATION.  (a)  A party to a suit under this chapter may waive the issuance or service of citation after the suit is filed by filing with the clerk of the court in which the suit is filed the waiver of the party acknowledging receipt of a copy of the filed petition.
(b)  The party executing the waiver may not sign the waiver using a digitized signature.
(c)  The waiver must contain the mailing address of the party executing the waiver.
(d)  The waiver must be sworn before a notary public who is not an attorney in the suit or conform to the requirements for an unsworn declaration under Section 132.001, Civil Practice and Remedies Code.  This subsection does not apply if the party executing the waiver is incarcerated.
(e)  The Texas Rules of Civil Procedure do not apply to a waiver executed under this section.
(f)  For purposes of this section, "digitized signature" has the meaning assigned by Section 101.0096.
Added by Acts 2015, 84th Leg., R.S., Ch. 198 (S.B. 814), Sec. 2, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 11.01, eff. September 1, 2019.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 32 - Consent to Treatment of Child by Non-Parent or Child › Subchapter A. Consent to Medical, Dental, Psychological, and Surgical Treatment › Section 32.001. Consent by Non-Parent

Sec. 32.001.  CONSENT BY NON-PARENT.  (a)  The following persons may consent to medical, dental, psychological, and surgical treatment of a child when the person having the right to consent as otherwise provided by law cannot be contacted and that person has not given actual notice to the contrary:
(1)  a grandparent of the child;
(2)  an adult brother or sister of the child;
(3)  an adult aunt or uncle of the child;
(4)  an educational institution in which the child is enrolled that has received written authorization to consent from a person having the right to consent;
(5)  an adult who has actual care, control, and possession of the child and has written authorization to consent from a person having the right to consent;
(6)  a court having jurisdiction over a suit affecting the parent-child relationship of which the child is the subject;
(7)  an adult responsible for the 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;  or
(8)  a peace officer who has lawfully taken custody of a minor, if the peace officer has reasonable grounds to believe the minor is in need of immediate medical treatment.
(b)  Except as otherwise provided by this subsection, the Texas Juvenile Justice Department may consent to the medical, dental, psychological, and surgical treatment of a child committed to the department under Title 3 when the person having the right to consent has been contacted and that person has not given actual notice to the contrary.  Consent for medical, dental, psychological, and surgical treatment of a child for whom the Department of Family and Protective Services has been appointed managing conservator and who is committed to the Texas Juvenile Justice Department is governed by Sections 266.004, 266.009, and 266.010.
(c)  This section does not apply to consent for the immunization of a child.
(d)  A person who consents to the medical treatment of a minor under Subsection (a)(7) or (8) is immune from liability for damages resulting from the examination or treatment of the minor, except to the extent of the person's own acts of negligence.  A physician or dentist licensed to practice in this state, or a hospital or medical facility at which a minor is treated is immune from liability for damages resulting from the examination or treatment of a minor under this section, except to the extent of the person's own acts of negligence.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995;  Acts 1995, 74th Leg., ch. 751, Sec. 5, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 108 (H.B. 1629), Sec. 1, eff. May 23, 2009.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 37, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 32 - Consent to Treatment of Child by Non-Parent or Child › Subchapter A. Consent to Medical, Dental, Psychological, and Surgical Treatment › Section 32.002. Consent Form

Sec. 32.002.  CONSENT FORM.  (a)  Consent to medical treatment under this subchapter must be in writing, signed by the person giving consent, and given to the doctor, hospital, or other medical facility that administers the treatment.
(b)  The consent must include:
(1)  the name of the child;
(2)  the name of one or both parents, if known, and the name of any managing conservator or guardian of the child;
(3)  the name of the person giving consent and the person's relationship to the child;
(4)  a statement of the nature of the medical treatment to be given;  and
(5)  the date the treatment is to begin.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 32 - Consent to Treatment of Child by Non-Parent or Child › Subchapter A. Consent to Medical, Dental, Psychological, and Surgical Treatment › Section 32.004. Consent to Counseling

Sec. 32.004.  CONSENT TO COUNSELING.  (a)  A child may consent to counseling for:
(1)  suicide prevention;
(2)  chemical addiction or dependency;  or
(3)  sexual, physical, or emotional abuse.
(b)  A licensed or certified physician, psychologist, counselor, or social worker having reasonable grounds to believe that a child has been sexually, physically, or emotionally abused, is contemplating suicide, or is suffering from a chemical or drug addiction or dependency may:
(1)  counsel the child without the consent of the child's parents or, if applicable, managing conservator or guardian;
(2)  with or without the consent of the child who is a client, advise the child's parents or, if applicable, managing conservator or guardian of the treatment given to or needed by the child;  and
(3)  rely on the written statement of the child containing the grounds on which the child has capacity to consent to the child's own treatment under this section.
(c)  Unless consent is obtained as otherwise allowed by law, a physician, psychologist, counselor, or social worker may not counsel a child if consent is prohibited by a court order.
(d)  A physician, psychologist, counselor, or social worker counseling a child under this section is not liable for damages except for damages resulting from the person's negligence or wilful misconduct.
(e)  A parent, or, if applicable, managing conservator or guardian, who has not consented to counseling treatment of the child is not obligated to compensate a physician, psychologist, counselor, or social worker for counseling services rendered under this section.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 32 - Consent to Treatment of Child by Non-Parent or Child › Subchapter A. Consent to Medical, Dental, Psychological, and Surgical Treatment › Section 32.005. Examination Without Consent of Abuse or Neglect of Child

Sec. 32.005.  EXAMINATION WITHOUT CONSENT OF ABUSE OR NEGLECT OF CHILD.  (a)  Except as provided by Subsection (c), a physician, dentist, or psychologist having reasonable grounds to believe that a child's physical or mental condition has been adversely affected by abuse or neglect may examine the child without the consent of the child, the child's parents, or other person authorized to consent to treatment under this subchapter.
(b)  An examination under this section may include X-rays, blood tests, photographs, and penetration of tissue necessary to accomplish those tests.
(c)  Unless consent is obtained as otherwise allowed by law, a physician, dentist, or psychologist may not examine a child:
(1)  16 years of age or older who refuses to consent;  or
(2)  for whom consent is prohibited by a court order.
(d)  A physician, dentist, or psychologist examining a child under this section is not liable for damages except for damages resulting from the physician's or dentist's negligence.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995;  Acts 1997, 75th Leg., ch. 575, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 32 - Consent to Treatment of Child by Non-Parent or Child › Subchapter B. Immunization › Section 32.1011. Consent to Immunization by Child

Sec. 32.1011.  CONSENT TO IMMUNIZATION BY CHILD.  (a) Notwithstanding Section 32.003 or 32.101, a child may consent to the child's own immunization for a disease if:
(1)  the child:
(A)  is pregnant; or
(B)  is the parent of a child and has actual custody of that child; and
(2)  the Centers for Disease Control and Prevention recommend or authorize the initial dose of an immunization for that disease to be administered before seven years of age.
(b)  Consent to immunization under this section must meet the requirements of Section 32.002(a).
(c)  Consent by a child to immunization under this section is not subject to disaffirmance because of minority.
(d)  A health care provider or facility may rely on the written statement of the child containing the grounds on which the child has capacity to consent to the child's immunization under this section.
(e)  To the extent of any conflict between this section and Section 32.003, this section controls.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1313 (S.B. 63), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 32 - Consent to Treatment of Child by Non-Parent or Child › Subchapter B. Immunization › Section 32.102. Informed Consent to Immunization

Sec. 32.102.  INFORMED CONSENT TO IMMUNIZATION.  (a)  A person authorized to consent to the immunization of a child has the responsibility to ensure that the consent, if given, is an informed consent.  The person authorized to consent is not required to be present when the immunization of the child is requested if a consent form that meets the requirements of Section 32.002 has been given to the health care provider.
(b)  The responsibility of a health care provider to provide information to a person consenting to immunization is the same as the provider's responsibility to a parent.
(c)  As part of the information given in the counseling for informed consent, the health care provider shall provide information to inform the person authorized to consent to immunization of the procedures available under the National Childhood Vaccine Injury Act of 1986 (42 U.S.C. Section 300aa-1 et seq.) to seek possible recovery for unreimbursed expenses for certain injuries arising out of the administration of certain vaccines.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Renumbered from Sec. 32.103 and amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.09(b), (d), eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 32 - Consent to Treatment of Child by Non-Parent or Child › Subchapter B. Immunization › Section 32.103. Limited Liability for Immunization

Sec. 32.103.  LIMITED LIABILITY FOR IMMUNIZATION.  (a)  In the absence of wilful misconduct or gross negligence, a health care provider who accepts the health history and other information given by a person who is delegated the authority to consent to the immunization of a child during the informed consent counseling is not liable for an adverse reaction to an immunization or for other injuries to the child resulting from factual errors in the health history or information given by the person to the health care provider.
(b)  A person consenting to immunization of a child, a physician, nurse, or other health care provider, or a public health clinic, hospital, or other medical facility is not liable for damages arising from an immunization administered to a child authorized under this subchapter except for injuries resulting from the person's or facility's own acts of negligence.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Renumbered from Sec. 32.104 by Acts 1997, 75th Leg., ch. 165, Sec. 7.09(e), eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 32 - Consent to Treatment of Child by Non-Parent or Child › Subchapter C. Miscellaneous Provisions › Section 32.201. Emergency Shelter or Care for Minors

Sec. 32.201.  EMERGENCY SHELTER OR CARE FOR MINORS.  (a)  An emergency shelter facility may provide shelter and care to a minor and the minor's child or children, if any.
(b)  An emergency shelter facility may provide shelter or care only during an emergency constituting an immediate danger to the physical health or safety of the minor or the minor's child or children.
(c)  Shelter or care provided under this section may not be provided after the 15th day after the date the shelter or care is commenced unless:
(1)  the facility receives consent to continue services from the minor in accordance with Section 32.202;  or
(2)  the minor has qualified for financial assistance under Chapter 31, Human Resources Code, and is on the waiting list for housing assistance.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995;  Acts 2003, 78th Leg., ch. 192, Sec. 1, eff. June 2, 2003.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 32 - Consent to Treatment of Child by Non-Parent or Child › Subchapter C. Miscellaneous Provisions › Section 32.202. Consent to Emergency Shelter or Care by Minor

Sec. 32.202.  CONSENT TO EMERGENCY SHELTER OR CARE BY MINOR.  (a)  A minor may consent to emergency shelter or care to be provided to the minor or the minor's child or children, if any, under Section 32.201(c) if the minor is:
(1)  16 years of age or older and:
(A)  resides separate and apart from the minor's parent, managing conservator, or guardian, regardless of whether the parent, managing conservator, or guardian consents to the residence and regardless of the duration of the residence;  and
(B)  manages the minor's own financial affairs, regardless of the source of income;  or
(2)  unmarried and is pregnant or is the parent of a child.
(b)  Consent by a minor to emergency shelter or care under this section is not subject to disaffirmance because of minority.
(c)  An emergency shelter facility may, with or without the consent of the minor's parent, managing conservator, or guardian, provide emergency shelter or care to the minor or the minor's child or children under Section 32.201(c).
(d)  An emergency shelter facility is not liable for providing emergency shelter or care to the minor or the minor's child or children if the minor consents as provided by this section, except that the facility is liable for the facility's own acts of negligence.
(e)  An emergency shelter facility may rely on the minor's written statement containing the grounds on which the minor has capacity to consent to emergency shelter or care.
(f)  To the extent of any conflict between this section and Section 32.003, Section 32.003 prevails.
Added by Acts 2003, 78th Leg., ch. 192, Sec. 2, eff. June 2, 2003.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 32 - Consent to Treatment of Child by Non-Parent or Child › Subchapter C. Miscellaneous Provisions › Section 32.203. Consent by Minor to Housing or Care Provided Through Transitional Living Program

Sec. 32.203.  CONSENT BY MINOR TO HOUSING OR CARE PROVIDED THROUGH TRANSITIONAL LIVING PROGRAM.  (a)  In this section, "transitional living program" means a residential services program for children provided in a residential child-care facility licensed or certified by the Department of Family and Protective Services under Chapter 42, Human Resources Code, that:
(1)  is designed to provide basic life skills training and the opportunity to practice those skills, with a goal of basic life skills development toward independent living; and
(2)  is not an independent living program.
(b)  A minor may consent to housing or care provided to the minor or the minor's child or children, if any, through a transitional living program if the minor is:
(1)  16 years of age or older and:
(A)  resides separate and apart from the minor's parent, managing conservator, or guardian, regardless of whether the parent, managing conservator, or guardian consents to the residence and regardless of the duration of the residence; and
(B)  manages the minor's own financial affairs, regardless of the source of income; or
(2)  unmarried and is pregnant or is the parent of a child.
(c)  Consent by a minor to housing or care under this section is not subject to disaffirmance because of minority.
(d)  A transitional living program may, with or without the consent of the parent, managing conservator, or guardian, provide housing or care to the minor or the minor's child or children.
(e)  A transitional living program must attempt to notify the minor's parent, managing conservator, or guardian regarding the minor's location.
(f)  A transitional living program is not liable for providing housing or care to the minor or the minor's child or children if the minor consents as provided by this section, except that the program is liable for the program's own acts of negligence.
(g)  A transitional living program may rely on a minor's written statement containing the grounds on which the minor has capacity to consent to housing or care provided through the program.
(h)  To the extent of any conflict between this section and Section 32.003, Section 32.003 prevails.
Added by Acts 2013, 83rd Leg., R.S., Ch. 587 (S.B. 717), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 33 - Notice of and Consent to Abortion › Section 33.001. Definitions

Sec. 33.001.  DEFINITIONS.  In this chapter:
(1)  "Abortion" has the meaning assigned by Section 245.002, Health and Safety Code.  This definition, as applied in this chapter, may not be construed to limit a minor's access to contraceptives.
(2)  "Fetus" means an individual human organism from fertilization until birth.
(3)  "Guardian" means a court-appointed guardian of the person of the minor.
(3-a)  "Medical emergency" has the meaning assigned by Section 171.002, Health and Safety Code.
(4)  "Physician" means an individual licensed to practice medicine in this state.
(5)  "Unemancipated minor" includes a minor who:
(A)  is unmarried;  and
(B)  has not had the disabilities of minority removed under Chapter 31.
Added by Acts 1999, 76th Leg., ch. 395, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 436 (H.B. 3994), Sec. 2, eff. January 1, 2016.
Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 33 - Notice of and Consent to Abortion › Section 33.0021. Consent Required

Sec. 33.0021.  CONSENT REQUIRED.  A physician may not perform an abortion in violation of Section 164.052(a)(19), Occupations Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 436 (H.B. 3994), Sec. 4, eff. January 1, 2016.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 33 - Notice of and Consent to Abortion › Section 33.0022. Medical Emergency Notification; Affidavit for Medical Record

Sec. 33.0022.  MEDICAL EMERGENCY NOTIFICATION; AFFIDAVIT FOR MEDICAL RECORD.  (a)  If the physician who is to perform the abortion concludes under Section 33.002(a)(3)(A) that a medical emergency exists and that there is insufficient time to provide the notice required by Section 33.002 or obtain the consent required by Section 33.0021, the physician shall make a reasonable effort to inform, in person or by telephone, the parent, managing conservator, or guardian of the unemancipated minor within 24 hours after the time a medical emergency abortion is performed on the minor of:
(1)  the performance of the abortion; and
(2)  the basis for the physician's determination that a medical emergency existed that required the performance of a medical emergency abortion without fulfilling the requirements of Section 33.002 or 33.0021.
(b)  A physician who performs an abortion as described by Subsection (a), not later than 48 hours after the abortion is performed, shall send a written notice that a medical emergency occurred and the ability of the parent, managing conservator, or guardian to contact the physician for more information and medical records, to the last known address of the parent, managing conservator, or guardian by certified mail, restricted delivery, return receipt requested.  The physician may rely on last known address information if a reasonable and prudent person, under similar circumstances, would rely on the information as sufficient evidence that the parent, managing conservator, or guardian resides at that address.  The physician shall keep in the minor's medical record:
(1)  the return receipt from the written notice; or
(2)  if the notice was returned as undeliverable, the notice.
(c)  A physician who performs an abortion on an unemancipated minor during a medical emergency as described by Subsection (a) shall execute for inclusion in the medical record of the minor an affidavit that explains the specific medical emergency that necessitated the immediate abortion.
Added by Acts 2015, 84th Leg., R.S., Ch. 436 (H.B. 3994), Sec. 4, eff. January 1, 2016.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 33 - Notice of and Consent to Abortion › Section 33.004. Appeal

Sec. 33.004.  APPEAL.  (a)  A minor whose application under Section 33.003 is denied may appeal to the court of appeals having jurisdiction over civil matters in the county in which the application was filed.  On receipt of a notice of appeal, the clerk of the court that denied the application shall deliver a copy of the notice of appeal and record on appeal to the clerk of the court of appeals.  On receipt of the notice and record, the clerk of the court of appeals shall place the appeal on the docket of the court.
(b)  The court of appeals shall rule on an appeal under this section not later than 5 p.m. on the fifth business day after the date the notice of appeal is filed with the court that denied the application.  On request by the minor, the court shall grant an extension of the period specified by this subsection.  If a request for an extension is made, the court shall rule on the appeal not later than 5 p.m. on the fifth business day after the date the minor states she is ready to proceed.   Proceedings under this section shall be given precedence over other pending matters to the extent necessary to assure that the court reaches a decision promptly, regardless of whether the minor is granted an extension under this subsection.
(c)  A ruling of the court of appeals issued under this section is confidential and privileged and is not subject to disclosure under Chapter 552, Government Code, or discovery, subpoena, or other legal process.  The ruling may not be released to any person but the pregnant minor, the pregnant minor's guardian ad litem, the pregnant minor's attorney, another person designated to receive the ruling by the minor, or a governmental agency or attorney in a criminal or administrative action seeking to assert or protect the interest of the minor.  The supreme court may adopt rules to permit confidential docketing of an appeal under this section.
(c-1)  Notwithstanding Subsection (c), the court of appeals may publish an opinion relating to a ruling under this section if the opinion is written in a way to preserve the confidentiality of the identity of the pregnant minor.
(d)  The clerk of the supreme court shall prescribe the notice of appeal form to be used by the minor appealing a judgment under this section.
(e)  A filing fee is not required of and court costs may not be assessed against a minor filing an appeal under this section.
(f)  An expedited confidential appeal shall be available to any pregnant minor to whom a court of appeals denies an application to authorize the minor to consent to the performance of an abortion without notification to or consent of a parent, managing conservator, or guardian.
Added by Acts 1999, 76th Leg., ch. 395, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 436 (H.B. 3994), Sec. 6, eff. January 1, 2016.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 33 - Notice of and Consent to Abortion › Section 33.005. Affidavit of Physician

Sec. 33.005.  AFFIDAVIT OF PHYSICIAN.  (a)  A physician may execute for inclusion in the minor's medical record an affidavit stating that, after reasonable inquiry, it is the belief of the physician that:
(1)  the minor has made an application or filed a notice of an appeal with a court under this chapter;
(2)  the deadline for court action imposed by this chapter has passed;  and
(3)  the physician has been notified that the court has not denied the application or appeal.
(b)  A physician who in good faith has executed an affidavit under Subsection (a) may rely on the affidavit and may perform the abortion as if the court had issued an order granting the application or appeal.
Added by Acts 1999, 76th Leg., ch. 395, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 33 - Notice of and Consent to Abortion › Section 33.006. Guardian Ad Litem Immunity

Sec. 33.006.  GUARDIAN AD LITEM IMMUNITY.  A guardian ad litem appointed under this chapter and acting in the course and scope of the appointment is not liable for damages arising from an act or omission of the guardian ad litem committed in good faith.  The immunity granted by this section does not apply if the conduct of the guardian ad litem is committed in a manner described by Sections 107.009(b)(1)-(3).
Added by Acts 1999, 76th Leg., ch. 395, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 7.001, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 33 - Notice of and Consent to Abortion › Section 33.0065. Records

Sec. 33.0065.  RECORDS.  The clerk of the court shall retain the records for each case before the court under this chapter in accordance with rules for civil cases and grant access to the records to the minor who is the subject of the proceeding.
Added by Acts 2015, 84th Leg., R.S., Ch. 436 (H.B. 3994), Sec. 7, eff. January 1, 2016.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 33 - Notice of and Consent to Abortion › Section 33.007. Costs Paid by State

Sec. 33.007.  COSTS PAID BY STATE.  (a)  A court acting under Section 33.003 or 33.004 may issue an order requiring the state to pay:
(1)  the cost of any attorney ad litem and any guardian ad litem appointed for the minor;
(2)  notwithstanding Sections 33.003(n) and 33.004(e), the costs of court associated with the application or appeal;  and
(3)  any court reporter's fees incurred.
(b)  An order issued under Subsection (a) must be directed to the comptroller, who shall pay the amount ordered from funds appropriated to the Texas Department of Health.
Added by Acts 1999, 76th Leg., ch. 395, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 33 - Notice of and Consent to Abortion › Section 33.008. Physician's Duty to Report Abuse of a Minor; Investigation and Assistance

Sec. 33.008.  PHYSICIAN'S DUTY TO REPORT ABUSE OF A MINOR; INVESTIGATION AND ASSISTANCE.  (a)  If a minor claims to have been physically or sexually abused or a physician or physician's agent has reason to believe that a minor has been physically or sexually abused, the physician or physician's agent shall immediately report the suspected abuse and the name of the abuser to the Department of Family and Protective Services and to a local law enforcement agency and shall refer the minor to the department for services or intervention that may be in the best interest of the minor.  The local law enforcement agency shall respond and shall write a report within 24 hours of being notified of the alleged abuse.  A report shall be made regardless of whether the local law enforcement agency knows or suspects that a report about the abuse may have previously been made.
(b)  The appropriate local law enforcement agency and the Department of Family and Protective Services shall investigate suspected abuse reported under this section and, if warranted, shall refer the case to the appropriate prosecuting authority.
(c)  When the local law enforcement agency responds to the report of physical or sexual abuse as required by Subsection (a), a law enforcement officer or appropriate agent from the Department of Family and Protective Services may take emergency possession of the minor without a court order to protect the health and safety of the minor as described by Chapter 262.
Added by Acts 1999, 76th Leg., ch. 395, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 110 (H.B. 841), Sec. 2, eff. May 21, 2011.
Acts 2015, 84th Leg., R.S., Ch. 436 (H.B. 3994), Sec. 8, eff. January 1, 2016.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 33 - Notice of and Consent to Abortion › Section 33.0085. Duty of Judge or Justice to Report Abuse of Minor

Sec. 33.0085.  DUTY OF JUDGE OR JUSTICE TO REPORT ABUSE OF MINOR.  (a)  Notwithstanding any other law, a judge or justice who, as a result of court proceedings conducted under Section 33.003 or 33.004, has reason to believe that a minor has been or may be physically or sexually abused shall:
(1)  immediately report the suspected abuse and the name of the abuser to the Department of Family and Protective Services and to a local law enforcement agency; and
(2)  refer the minor to the department for services or intervention that may be in the best interest of the minor.
(b)  The appropriate local law enforcement agency and the Department of Family and Protective Services shall investigate suspected abuse reported under this section and, if warranted, shall refer the case to the appropriate prosecuting authority.
Added by Acts 2015, 84th Leg., R.S., Ch. 436 (H.B. 3994), Sec. 9, eff. January 1, 2016.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 33 - Notice of and Consent to Abortion › Section 33.009. Other Reports of Sexual Abuse of a Minor

Sec. 33.009.  OTHER REPORTS OF SEXUAL ABUSE OF A MINOR.  A court or the guardian ad litem or attorney ad litem for the minor shall report conduct reasonably believed to violate Section 21.02, 22.011, 22.021, or 25.02, Penal Code, based on information obtained during a confidential court proceeding held under this chapter to:
(1)  any local or state law enforcement agency;
(2)  the Department of Family and Protective Services, if the alleged conduct involves a person responsible for the care, custody, or welfare of the child;
(3)  the state agency that operates, licenses, certifies, or registers the facility in which the alleged conduct occurred, if the alleged conduct occurred in a facility operated, licensed, certified, or registered by a state agency; or
(4)  an appropriate agency designated by the court.
Added by Acts 1999, 76th Leg., ch. 395, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.27, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 33 - Notice of and Consent to Abortion › Section 33.010. Confidentiality

Sec. 33.010.  CONFIDENTIALITY.  Notwithstanding any other law, information obtained by the Department of Family and Protective Services or another entity under Section 33.008, 33.0085, or 33.009 is confidential except to the extent necessary to prove a violation of Section 21.02, 22.011, 22.021, or 25.02, Penal Code.
Added by Acts 1999, 76th Leg., ch. 395, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.28, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 436 (H.B. 3994), Sec. 10, eff. January 1, 2016.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 33 - Notice of and Consent to Abortion › Section 33.011. Information Relating to Judicial Bypass

Sec. 33.011.  INFORMATION RELATING TO JUDICIAL BYPASS.  The Texas Department of Health shall produce and distribute informational materials that explain the rights of a minor under this chapter.  The materials must explain the procedures established by Sections 33.003 and 33.004 and must be made available in English and in Spanish.  The material provided by the department shall also provide information relating to alternatives to abortion and health risks associated with abortion.
Added by Acts 1999, 76th Leg., ch. 395, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 33 - Notice of and Consent to Abortion › Section 33.012. Civil Penalty

Sec. 33.012.  CIVIL PENALTY.  (a)  A person who is found to have intentionally, knowingly, recklessly, or with gross negligence violated this chapter is liable to this state for a civil penalty of not less than $2,500 and not more than $10,000.
(b)  Each performance or attempted performance of an abortion in violation of this chapter is a separate violation.
(c)  A civil penalty may not be assessed against:
(1)  a minor on whom an abortion is performed or attempted; or
(2)  a judge or justice hearing a court proceeding conducted under Section 33.003 or 33.004.
(d)  It is not a defense to an action brought under this section that the minor gave informed and voluntary consent.
(e)  The attorney general shall bring an action to collect a penalty under this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 436 (H.B. 3994), Sec. 11, eff. January 1, 2016.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 33 - Notice of and Consent to Abortion › Section 33.013. Capacity to Consent

Sec. 33.013.  CAPACITY TO CONSENT.  An unemancipated minor does not have the capacity to consent to any action that violates this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 436 (H.B. 3994), Sec. 11, eff. January 1, 2016.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 33 - Notice of and Consent to Abortion › Section 33.014. Attorney General to Enforce

Sec. 33.014.  ATTORNEY GENERAL TO ENFORCE.  The attorney general shall enforce this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 436 (H.B. 3994), Sec. 11, eff. January 1, 2016.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 34 - Authorization Agreement for Nonparent Adult Caregiver › Section 34.0015. Definitions

Sec. 34.0015.  DEFINITIONS.  In this chapter:
(1)  "Adult caregiver" means an adult person whom a parent has authorized to provide temporary care for a child under this chapter.
(2)  "Parent" has the meaning assigned by Section 101.024.
Added by Acts 2011, 82nd Leg., R.S., Ch. 897 (S.B. 482), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 244 (H.B. 871), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 34 - Authorization Agreement for Nonparent Adult Caregiver › Section 34.002. Authorization Agreement

Sec. 34.002.  AUTHORIZATION AGREEMENT.  (a)  A parent or both parents of a child may enter into an authorization agreement with an adult caregiver to authorize the adult caregiver to perform the following acts in regard to the child:
(1)  to authorize medical, dental, psychological, or surgical treatment and immunization of the child, including executing any consents or authorizations for the release of information as required by law relating to the treatment or immunization;
(2)  to obtain and maintain health insurance coverage for the child and automobile insurance coverage for the child, if appropriate;
(3)  to enroll the child in a day-care program or preschool or in a public or private elementary or secondary school;
(4)  to authorize the child to participate in age-appropriate extracurricular, civic, social, or recreational activities, including athletic activities;
(5)  to authorize the child to obtain a learner's permit, driver's license, or state-issued identification card;
(6)  to authorize employment of the child;
(7)  to apply for and receive public benefits on behalf of the child; and
(8)  to obtain:
(A)  copies or originals of state-issued personal identification documents for the child, including the child's birth certificate; and
(B)  to the extent authorized under federal law, copies or originals of federally issued personal identification documents for the child, including the child's social security card.
(b)  To the extent of any conflict or inconsistency between this chapter and any other law relating to the eligibility requirements other than parental consent to obtain a service under Subsection (a), the other law controls.
(c)  An authorization agreement under this chapter does not confer on an adult caregiver the right to authorize the performance of an abortion on the child or the administration of emergency contraception to the child.
(d)  Only one authorization agreement may be in effect for a child at any time.  An authorization agreement is void if it is executed while a prior authorization agreement remains in effect.
Added by Acts 2009, 81st Leg., R.S., Ch. 815 (S.B. 1598), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 484 (H.B. 848), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 897 (S.B. 482), Sec. 2, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1167 (S.B. 821), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 244 (H.B. 871), Sec. 3, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 885 (H.B. 3052), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 34 - Authorization Agreement for Nonparent Adult Caregiver › Section 34.0021. Authorization Agreement by Parent in Child Protective Services Case

Sec. 34.0021.  AUTHORIZATION AGREEMENT BY PARENT IN CHILD PROTECTIVE SERVICES CASE.  A parent may enter into an authorization agreement with an adult caregiver with whom a child is placed under a parental child safety placement agreement approved by the Department of Family and Protective Services to allow the person to perform the acts described by Section 34.002(a) with regard to the child:
(1)  during an investigation of abuse or neglect; or
(2)  while the department is providing services to the parent.
Added by Acts 2011, 82nd Leg., R.S., Ch. 484 (H.B. 848), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 244 (H.B. 871), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 34 - Authorization Agreement for Nonparent Adult Caregiver › Section 34.0022. Inapplicability of Certain Laws

Sec. 34.0022.  INAPPLICABILITY OF CERTAIN LAWS.  (a)  An authorization agreement executed under this chapter between a child's parent and an adult caregiver does not subject the adult caregiver to any law or rule governing the licensing or regulation of a residential child-care facility under Chapter 42, Human Resources Code.
(b)  A child who is the subject of an authorization agreement executed under this chapter is not considered to be placed in foster care and the parties to the authorization agreement are not subject to any law or rule governing foster care providers.
Added by Acts 2017, 85th Leg., R.S., Ch. 244 (H.B. 871), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 34 - Authorization Agreement for Nonparent Adult Caregiver › Section 34.004. Execution of Authorization Agreement

Sec. 34.004.  EXECUTION OF AUTHORIZATION AGREEMENT.  (a)  The authorization agreement must be signed and sworn to before a notary public by the parent and the adult caregiver.
(b)  A parent may not execute an authorization agreement without a written order by the appropriate court if:
(1)  there is a court order or pending suit affecting the parent-child relationship concerning the child;
(2)  there is pending litigation in any court concerning:
(A)  custody, possession, or placement of the child; or
(B)  access to or visitation with the child; or
(3)  a court has continuing, exclusive jurisdiction over the child.
(c)  An authorization agreement obtained in violation of Subsection (b) is void.
Added by Acts 2009, 81st Leg., R.S., Ch. 815 (S.B. 1598), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 244 (H.B. 871), Sec. 7, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 885 (H.B. 3052), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 34 - Authorization Agreement for Nonparent Adult Caregiver › Section 34.005. Duties of Parties to Authorization Agreement

Sec. 34.005.  DUTIES OF PARTIES TO AUTHORIZATION AGREEMENT.  (a)  If both parents did not sign the authorization agreement, not later than the 10th day after the date the authorization agreement is executed the parties shall mail to the parent who was not a party to the authorization agreement at the parent's last known address, if that parent is living and that parent's parental rights have not been terminated:
(1)  one copy of the executed authorization agreement by certified mail, return receipt requested, or international registered mail, return receipt requested, as applicable; and
(2)  one copy of the executed authorization agreement by first class mail or international first class mail, as applicable.
(a-1)  Except as otherwise provided by Subsection (a-2), an authorization agreement is void if the parties fail to comply with Subsection (a).
(a-2)  Subsection (a) does not apply to an authorization agreement if the parent who was not a party to the authorization agreement:
(1)  does not have court-ordered possession of or access to the child who is the subject of the authorization agreement; and
(2)  has previously committed an act of family violence, as defined by Section 71.004, or assault against the parent who is a party to the authorization agreement, the child who is the subject of the authorization agreement, or another child of the parent who is a party to the authorization agreement, as documented by one or more of the following:
(A)  the issuance of a protective order against the parent who was not a party to the authorization agreement as provided under Chapter 85 or under a similar law of another state; or
(B)  the conviction of the parent who was not a party to the authorization agreement of an offense under Title 5, Penal Code, or of another criminal offense in this state or in another state an element of which involves a violent act or prohibited sexual conduct.
(b)  A party to the authorization agreement shall immediately inform each other party of any change in the party's address or contact information.  If a party fails to comply with this subsection, the authorization agreement is voidable by the other party.
Added by Acts 2009, 81st Leg., R.S., Ch. 815 (S.B. 1598), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 897 (S.B. 482), Sec. 4, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 885 (H.B. 3052), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 34 - Authorization Agreement for Nonparent Adult Caregiver › Section 34.006. Authorization Voidable

Sec. 34.006.  AUTHORIZATION VOIDABLE.  An authorization agreement is voidable by a party if the other party knowingly:
(1)  obtained the authorization agreement by fraud, duress, or misrepresentation; or
(2)  made a false statement on the authorization agreement.
Added by Acts 2009, 81st Leg., R.S., Ch. 815 (S.B. 1598), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 34 - Authorization Agreement for Nonparent Adult Caregiver › Section 34.007. Effect of Authorization Agreement

Sec. 34.007.  EFFECT OF AUTHORIZATION AGREEMENT.  (a)  A person who is not a party to the authorization agreement who relies in good faith on an authorization agreement under this chapter, without actual knowledge that the authorization agreement is void, revoked, or invalid, is not subject to civil or criminal liability to any person, and is not subject to professional disciplinary action, for that reliance if the agreement is completed as required by this chapter.
(b)  The authorization agreement does not affect the rights of the child's parent or legal guardian regarding the care, custody, and control of the child, and does not mean that the adult caregiver has legal custody of the child.
(c)  An authorization agreement executed under this chapter does not confer or affect standing or a right of intervention in any proceeding under Title 5.
Added by Acts 2009, 81st Leg., R.S., Ch. 815 (S.B. 1598), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 244 (H.B. 871), Sec. 8, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 34 - Authorization Agreement for Nonparent Adult Caregiver › Section 34.0075. Term of Authorization Agreement

Sec. 34.0075.  TERM OF AUTHORIZATION AGREEMENT.  An authorization agreement executed under this chapter is for a term of six months from the date the parties enter into the agreement and renews automatically for six-month terms unless:
(1)  an earlier expiration date is stated in the authorization agreement;
(2)  the authorization agreement is terminated as provided by Section 34.008; or
(3)  a court authorizes the continuation of the agreement as provided by Section 34.008(b).
Added by Acts 2017, 85th Leg., R.S., Ch. 244 (H.B. 871), Sec. 9, eff. September 1, 2017.