The bill amends the Health and Safety Code to enhance the rights of parents and guardians during the emergency detention of a child by a peace officer. It introduces a new section that grants parents, guardians, or conservators the right to take custody of a child being placed under emergency detention and allows them to seek voluntary treatment or services from a provider of their choice. Additionally, peace officers are required to attempt to contact the child's parent or guardian before placing the child under emergency detention and must document these attempts in the emergency detention form.
Furthermore, the bill prohibits the use of certain restraint devices, such as handcuffs and chemical agents, on children aged 10 years or younger unless the officer believes the child poses an imminent risk of harm. If such restraints are used, the officer must provide a statement detailing the circumstances that justified their use in the emergency detention documentation. The changes will take effect on September 1, 2025, and will only apply to emergency detentions occurring after that date.
Statutes affected: Introduced: Health and Safety Code 573.001 (Health and Safety Code 573)