Texas Family Code 262.353 – Procedure for Relinquishing Child to Obtain Services
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(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.
Terms Used In Texas Family Code 262.353
- Allegation: something that someone says happened.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(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.
(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 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).