relating to a parent's right to intervene in the apprehension by a
peace officer of a child for an emergency detention and certain
requirements and restrictions applicable to an emergency
detention.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 573.001, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (i) to
read as follows:
(a) Subject to Section 573.0011, a [A] peace officer,
without a warrant, may take a person into custody, regardless of the
age of the person, if the officer:
(1) has reason to believe and does believe that:
(A) the person is a person with mental illness;
and
(B) because of that mental illness there is a
substantial risk of serious harm to the person or to others unless
the person is immediately restrained; and
(2) believes that there is not sufficient time to
obtain a warrant before taking the person into custody.
(i)A peace officer who takes a person into custody under
Subsection (a) must use age-appropriate trauma-informed practices
in responding to the situation.
SECTION 2. Subchapter A, Chapter 573, Health and Safety
Code, is amended by adding Sections 573.0011 and 573.0012 to read as
follows:
Sec.573.0011.PARENT'S RIGHT TO INTERVENE IN EMERGENCY
DETENTION OF CHILD. (a) In this section, "child"means a person
younger than 18 years of age.
(b)A parent, guardian, conservator, or other person
standing in parental relation to a child who is made aware that the
child is being placed under an emergency detention under this
subchapter has the right to take custody of the child and may
voluntarily seek treatment or services for the child from a
provider of the person's choice.
(c)A peace officer, including a school district peace
officer commissioned under Section 37.081, Education Code, may not
place a child under an emergency detention under this subchapter
without first attempting to contact the child's parent, guardian,
conservator, or other person standing in parental relation to the
child and informing the person about the person's right under
Subsection (b).
(d)If a peace officer transports a child to a facility
under Section 573.001, the officer must include a statement
describing the officer's attempt to contact a parent, guardian,
conservator, or other person standing in parental relation to the
child, as required by Subsection (c), in the emergency detention
form described by Section 573.002(d) that the officer files with
the facility as a notification of detention under that section.
(e)If a school district peace officer transports a child to
a facility under Section 573.001, in addition to the requirement
imposed by Subsection (d), the officer must also document the
officer's attempt to contact a parent, guardian, conservator, or
other person standing in parental relation to the child, as
required by Subsection (c), in the child's student records with the
school district, and the district must forward a copy of the
applicable records to the child's parent, guardian, conservator, or
other person standing in parental relation to the child.
Sec.573.0012.CERTAIN RESTRAINT DEVICES PROHIBITED ON
CHILD 10 YEARS OF AGE OR YOUNGER. (a) A peace officer may not use
handcuffs, electrical devices, chemical agents, or any other
similar devices intended for use in the control or management of
detainees to apprehend a child 10 years of age or younger for
purposes of an emergency detention under this subchapter unless the
child poses an imminent risk of harm to the child or another person.
(b)If a peace officer uses a restraint device described
under Subsection (a) to apprehend a child, the officer must include
in the emergency detention form described by Section 573.002(d)
filed with a facility as a notification of detention under that
section a statement describing the circumstances that formed the
basis for the officer's belief that a risk of harm was imminent
unless the child was immediately restrained.
SECTION 3. The changes in law made by this Act apply only to
Statutes affected: Introduced: Health and Safety Code 573.001 (Health and Safety Code 573) House Committee Report: Health and Safety Code 573.001 (Health and Safety Code 573) Engrossed: Health and Safety Code 573.001 (Health and Safety Code 573)