Texas Family Code 32.004 – Consent to Counseling
(a) A child may consent to counseling for:
(1) suicide prevention;
(2) chemical addiction or dependency; or
(3) sexual, physical, or emotional abuse.
(b) A licensed or certified physician, psychologist, counselor, or social worker having reasonable grounds to believe that a child has been sexually, physically, or emotionally abused, is contemplating suicide, or is suffering from a chemical or drug addiction or dependency may:
(1) counsel the child without the consent of the child’s parents or, if applicable, managing conservator or guardian;
(2) with or without the consent of the child who is a client, advise the child’s parents or, if applicable, managing conservator or guardian of the treatment given to or needed by the child; and
(3) rely on the written statement of the child containing the grounds on which the child has capacity to consent to the child’s own treatment under this section.
Terms Used In Texas Family Code 32.004
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) Unless consent is obtained as otherwise allowed by law, a physician, psychologist, counselor, or social worker may not counsel a child if consent is prohibited by a court order.
(d) A physician, psychologist, counselor, or social worker counseling a child under this section is not liable for damages except for damages resulting from the person‘s negligence or wilful misconduct.
(e) A parent, or, if applicable, managing conservator or guardian, who has not consented to counseling treatment of the child is not obligated to compensate a physician, psychologist, counselor, or social worker for counseling services rendered under this section.