H.B. No. 1106 amends the Family Code in Texas to redefine certain aspects of child abuse and neglect. The bill introduces a new definition of "abuse" that specifies it does not include the refusal by a caregiver to affirm a child's gender identity or sexual orientation. This includes the refusal to use a child's preferred name or pronouns, regardless of any legal name changes. Additionally, the bill modifies the definition of "neglect" to clarify that it does not encompass situations where a caregiver's refusal to permit a child to remain in or return to their home is based solely on the caregiver's inability to obtain necessary mental health services, provided they have exhausted all reasonable means to secure such services.
The bill also retains existing definitions of neglect while adding specific conditions under which certain actions or omissions by caregivers would not be considered neglect. These include allowing children to engage in age-appropriate independent activities and decisions regarding medical care that do not constitute neglect. The changes aim to provide clearer guidelines on what constitutes abuse and neglect, particularly in relation to a child's gender identity and mental health needs. The act is set to take effect on September 1, 2025.
Statutes affected: Introduced: ()
House Committee Report: Family Code 261.001 (Family Code 261)
Engrossed: Family Code 261.001 (Family Code 261)
Senate Committee Report: Family Code 261.001 (Family Code 261)
Enrolled: Family Code 261.001 (Family Code 261)