Tex. Fam. Code § 262.351-262.353

TEXAS FAMILY CODE Chapter 262, Subchapter E — RELINQUISHING CHILD TO OBTAIN CERTAIN SERVICES CHAPTER 262 • PROCEDURES IN SUIT BY GOVERNMENTAL ENTITY TO PROTECT HEALTH AND SAFETY OF CHILD Subchapter E: RELINQUISHING CHILD TO OBTAIN CERTAIN SERVICES Sec. 262.351. DEFINITIONS. In this subchapter: (1) "Commission" means the Health and Human Services Commission. (1-a) "Department" means the Department of Family and Protective Services. (1-b) "Relinquishment avoidance program" means the Health and Human Services Commission's program that provides mental health services to a child with a severe emotional disturbance without the child entering the managing conservatorship of the department. (2) "Severe emotional disturbance" has the meaning assigned by Section 261.001. Added by Acts 2013, 83rd Leg., R.S., Ch. 1142 (S.B. 44), Sec. 3, eff. September 1, 2013. Amended by: Acts 2021, 87th Leg., R.S., Ch. 579 (S.B. 642), Sec. 1, eff. June 14, 2021. Sec. 262.352. JOINT MANAGING CONSERVATORSHIP OF CHILD. (a) Before the department files a suit affecting the parent-child relationship requesting managing conservatorship of a child who suffers from a severe emotional disturbance in order to obtain mental health services for the child, the department must, unless it is not in the best interest of the child, discuss with the child's parent or legal guardian the option of seeking a court order for joint managing conservatorship of the child with the department. Added by Acts 2013, 83rd Leg., R.S., Ch. 1142 (S.B. 44), Sec. 3, eff. September 1, 2013. Amended by: Acts 2015, 84th Leg., R.S., Ch. 432 (S.B. 1889), Sec. 3, eff. September 1, 2015. Sec. 262.353. PROCEDURE FOR RELINQUISHING CHILD TO OBTAIN SERVICES. (a) The commission may not require the department to conduct a child abuse (S.B. 1889), Sec. 3, eff. September 1, 2015. Sec. 262.353. PROCEDURE FOR RELINQUISHING CHILD TO OBTAIN SERVICES. (a) The commission may not require the department to conduct a child abuse or neglect investigation before allowing a child to participate in the relinquishment avoidance program unless there is an allegation of abuse or neglect of the child. (b) A local mental or behavioral health authority may refer a child directly to the relinquishment avoidance program without first contacting the department. (c) The department and the commission shall: (1) jointly adopt comprehensive guidance for providers and families that describes: (A) how to access services under the relinquishment avoidance program; and (B) the child's and family's rights when the child's parent or legal guardian: (i) relinquishes the child in order to obtain mental health services for the child; or (ii) accesses services under the relinquishment avoidance program; (2) publish the information described by Subdivision (1) on the agency's Internet website; and (3) make the information described by Subdivision (1) available to caseworkers and families with a child who has a severe emotional disturbance. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 262, Subchapter E — RELINQUISHING CHILD TO OBTAIN CERTAIN SERVICES (d) The department and the commission shall jointly adopt clear and concise protocols for families at risk of relinquishing a child for the sole purpose of accessing mental health services for the child. The protocols must: (1) include procedures for determining eligibility for the relinquishment avoidance program, including emergency eligibility procedures for children who are at immediate risk of relinquishment; (2) include procedures for applying for the relinquishment avoidance program; (3) identify who will manage the cas y eligibility procedures for children who are at immediate risk of relinquishment; (2) include procedures for applying for the relinquishment avoidance program; (3) identify who will manage the case of a family eligible for the relinquishment avoidance program; (4) identify the funding and resources for the relinquishment avoidance program; and (5) identify the role of each party involved in the relinquishment avoidance program, including the department, the commission, contracted residential treatment centers, and local mental and behavioral health authorities. (e) The department and local mental and behavioral health authorities shall follow the protocols adopted under Subsection (d). Added by Acts 2021, 87th Leg., R.S., Ch. 579 (S.B. 642), Sec. 2, eff. June 14, 2021. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2