Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.469 - What is medical neglect?

Current through Reg. 49, No. 28; July 12, 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.