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§ 32.001. CONSENT BY NON-PARENT. (a) The following persons may consent to medical, dental, psychological, and surgical treatment of a child when the person having the right to consent as otherwise provided by law cannot be contacted and that person has not given actual notice to the contrary:
(1) a grandparent of the child; (2) an adult brother or sister of the child; (3) an adult aunt or uncle of the child; (4) an educational institution in which the child is enrolled that has received written authorization to consent from a person having the right to consent;
(5) an adult who has actual care, control, and possession of the child and has written authorization to consent from a person having the right to consent;
(6) a court having jurisdiction over a suit affecting the parent-child relationship of which the child is the subject;
(7) an adult responsible for the actual care, control, and possession of a child under the jurisdiction of a juvenile court or committed by a juvenile court to the care of an agency of the state or county; or
(8) a peace officer who has lawfully taken custody of a minor, if the peace officer has reasonable grounds to believe the minor is in need of immediate medical treatment.
(b) The Texas Youth Commission may consent to the medical, dental, psychological, and surgical treatment of a child committed to it under Title 3 when the person having the right to consent has been contacted and that person has not given actual notice to the contrary.
(c) This section does not apply to consent for the immunization of a child. (d) A person who consents to the medical treatment of a minor under Subsection (a)(7) or (8) is immune from liability for damages resulting from the examination or treatment of the minor, except to the extent of the person's own acts of negligence. A physician or dentist licensed to practice in this state, or a hospital or medical facility at which a minor is treated is immune from liability for damages resulting from the examination or treatment of a minor under this section, except to the extent of the person's own acts of negligence.
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995; Acts 1995, 74th Leg., ch. 751, § 5, eff. Sept. 1, 1995.
§ 32.002. CONSENT FORM. (a) Consent to medical treatment under this subchapter must be in writing, signed by the person giving consent, and given to the doctor, hospital, or other medical facility that administers the treatment.
(b) The consent must include: (1) the name of the child; (2) the name of one or both parents, if known, and the name of any managing conservator or guardian of the child;
(3) the name of the person giving consent and the person's relationship to the child;
(4) a statement of the nature of the medical treatment to be given; and (5) the date the treatment is to begin.
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 32.003. CONSENT TO TREATMENT BY CHILD. (a) A child may consent to medical, dental, psychological, and surgical treatment for the child by a licensed physician or dentist if the child:
(1) is on active duty with the armed services of the United States of America;
(2) is: (A) 16 years of age or older and resides separate and apart from the child's parents, managing conservator, or guardian, with or without the consent of the parents, managing conservator, or guardian and regardless of the duration of the residence; and
(B) managing the child's own financial affairs, regardless of the source of the income;
(3) consents to the diagnosis and treatment of an infectious, contagious, or communicable disease that is required by law or a rule to be reported by the licensed physician or dentist to a local health officer or the Texas Department of Health, including all diseases within the scope of Section 81.041, Health and Safety Code;
(4) is unmarried and pregnant and consents to hospital, medical, or surgical treatment, other than abortion, related to the pregnancy;
(5) consents to examination and treatment for drug or chemical addiction, drug or chemical dependency, or any other condition directly related to drug or chemical use; or
(6) is unmarried, is the parent of a child, and has actual custody of his or her child and consents to medical, dental, psychological, or surgical treatment for the child.
(b) Consent by a child to medical, dental, psychological, and surgical treatment under this section is not subject to disaffirmance because of minority.
(c) Consent of the parents, managing conservator, or guardian of a child is not necessary in order to authorize hospital, medical, surgical, or dental care under this section.
(d) A licensed physician, dentist, or psychologist may, with or without the consent of a child who is a patient, advise the parents, managing conservator, or guardian of the child of the treatment given to or needed by the child.
(e) A physician, dentist, psychologist, hospital, or medical facility is not liable for the examination and treatment of a child under this section except for the provider's or the facility's own acts of negligence.
(f) A physician, dentist, psychologist, hospital, or medical facility may rely on the written statement of the child containing the grounds on which the child has capacity to consent to the child's medical treatment.
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995; Acts 1995, 74th Leg., ch. 751, § 6, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 821, § 2.01, eff. June 14, 2001.
§ 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.
(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.
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 32.005. EXAMINATION WITHOUT CONSENT OF ABUSE OR NEGLECT OF CHILD. (a) Except as provided by Subsection (c), a physician, dentist, or psychologist having reasonable grounds to believe that a child's physical or mental condition has been adversely affected by abuse or neglect may examine the child without the consent of the child, the child's parents, or other person authorized to consent to treatment under this subchapter.
(b) An examination under this section may include X-rays, blood tests, photographs, and penetration of tissue necessary to accomplish those tests.
(c) Unless consent is obtained as otherwise allowed by law, a physician, dentist, or psychologist may not examine a child:
(1) 16 years of age or older who refuses to consent; or (2) for whom consent is prohibited by a court order. (d) A physician, dentist, or psychologist examining a child under this section is not liable for damages except for damages resulting from the physician's or dentist's negligence.
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995; Acts 1997, 75th Leg., ch. 575, § 1, eff. Sept. 1, 1997.
SUBCHAPTER B. IMMUNIZATION
§ 32.101. WHO MAY CONSENT TO IMMUNIZATION OF CHILD. (a) In addition to persons authorized to consent to immunization under Chapter 151 and Chapter 153, the following persons may consent to the immunization of a child:
(1) a guardian of the child; and (2) a person authorized under the law of another state or a court order to consent for the child.
(b) If the persons listed in Subsection (a) are not available and the authority to consent is not denied under Subsection (c), consent to the immunization of a child may be given by:
(1) a grandparent of the child; (2) an adult brother or sister of the child; (3) an adult aunt or uncle of the child; (4) a stepparent of the child; (5) an educational institution in which the child is enrolled that has written authorization to consent for the child from a parent, managing conservator, guardian, or other person who under the law of another state or a court order may consent for the child;
(6) another adult who has actual care, control, and possession of the child and has written authorization to consent for the child from a parent, managing conservator, guardian, or other person who, under the law of another state or a court order, may consent for the child;
(7) a court having jurisdiction of a suit affecting the parent-child relationship of which the minor is the subject;
(8) an adult having actual care, control, and possession of the child under an order of a juvenile court or by commitment by a juvenile court to the care of an agency of the state or county; or
(9) an adult having actual care, control, and possession of the child as the child's primary caregiver.
(c) A person otherwise authorized to consent under Subsection (a) may not consent for the child if the person has actual knowledge that a parent, managing conservator, guardian of the child, or other person who under the law of another state or a court order may consent for the child:
(1) has expressly refused to give consent to the immunization; (2) has been told not to consent for the child; or (3) has withdrawn a prior written authorization for the person to consent. (d) The Texas Youth Commission may consent to the immunization of a child committed to it if a parent, managing conservator, or guardian of the minor or other person who, under the law of another state or court order, may consent for the minor has been contacted and:
(1) refuses to consent; and (2) does not expressly deny to the Texas Youth Commission the authority to consent for the child.
(e) A person who consents under this section shall provide the health care provider with sufficient and accurate health history and other information about the minor for whom the consent is given and, if necessary, sufficient and accurate health history and information about the minor's family to enable the person who may consent to the minor's immunization and the health care provider to determine adequately the risks and benefits inherent in the proposed immunization and to determine whether immunization is advisable.
(f) Consent to immunization must meet the requirements of Section 32.002(a).
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995; Acts 1997, 75th Leg., ch. 165, § 7.09(a), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 6.02, eff. Sept. 1, 1999.
§ 32.102. INFORMED CONSENT TO IMMUNIZATION. (a) A person authorized to consent to the immunization of a child has the responsibility to ensure that the consent, if given, is an informed consent. The person authorized to consent is not required to be present when the immunization of the child is requested if a consent form that meets the requirements of Section 32.002 has been given to the health care provider.
(b) The responsibility of a health care provider to provide information to a person consenting to immunization is the same as the provider's responsibility to a parent.
(c) As part of the information given in the counseling for informed consent, the health care provider shall provide information to inform the person authorized to consent to immunization of the procedures available under the National Childhood Vaccine Injury Act of 1986 (42 U.S.C. Section 300aa-1 et seq.) to seek possible recovery for unreimbursed expenses for certain injuries arising out of the administration of certain vaccines.
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995. Renumbered from § 32.103 and amended by Acts 1997, 75th Leg., ch. 165, § 7.09(b), (d), eff. Sept. 1, 1997.
§ 32.103. LIMITED LIABILITY FOR IMMUNIZATION. (a) In the absence of wilful misconduct or gross negligence, a health care provider who accepts the health history and other information given by a person who is delegated the authority to consent to the immunization of a child during the informed consent counseling is not liable for an adverse reaction to an immunization or for other injuries to the child resulting from factual errors in the health history or information given by the person to the health care provider.
(b) A person consenting to immunization of a child, a physician, nurse, or other health care provider, or a public health clinic, hospital, or other medical facility is not liable for damages arising from an immunization administered to a child authorized under this subchapter except for injuries resulting from the person's or facility's own acts of negligence.
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995. Renumbered from § 32.104 by Acts 1997, 75th Leg., ch. 165, § 7.09(e), eff. Sept. 1, 1997.
SUBCHAPTER C. MISCELLANEOUS PROVISIONS
§ 32.201. EMERGENCY SHELTER OR CARE FOR MINORS. (a) An emergency shelter facility may provide shelter and care to a minor and the minor's child or children, if any.
(b) An emergency shelter facility may provide shelter or care only during an emergency constituting an immediate danger to the physical health or safety of the minor or the minor's child or children.
(c) Shelter or care provided under this section may not be provided after the 15th day after the date the shelter or care is commenced unless:
(1) the facility receives consent to continue services from the minor in accordance with Section 32.202; or
(2) the minor has qualified for financial assistance under Chapter 31, Human Resources Code, and is on the waiting list for housing assistance.
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995; Acts 2003, 78th Leg., ch. 192, § 1, eff. June 2, 2003.
§ 32.202. CONSENT TO EMERGENCY SHELTER OR CARE BY MINOR. (a) A minor may consent to emergency shelter or care to be provided to the minor or the minor's child or children, if any, under Section 32.201(c) if the minor is:
(1) 16 years of age or older and: (A) resides separate and apart from the minor's parent, managing conservator, or guardian, regardless of whether the parent, managing conservator, or guardian consents to the residence and regardless of the duration of the residence; and
(B) manages the minor's own financial affairs, regardless of the source of income; or
(2) unmarried and is pregnant or is the parent of a child. (b) Consent by a minor to emergency shelter or care under this section is not subject to disaffirmance because of minority.
(c) An emergency shelter facility may, with or without the consent of the minor's parent, managing conservator, or guardian, provide emergency shelter or care to the minor or the minor's child or children under Section 32.201(c).
(d) An emergency shelter facility is not liable for providing emergency shelter or care to the minor or the minor's child or children if the minor consents as provided by this section, except that the facility is liable for the facility's own acts of negligence.
(e) An emergency shelter facility may rely on the minor's written statement containing the grounds on which the minor has capacity to consent to emergency shelter or care.
(f) To the extent of any conflict between this section and Section 32.003, Section 32.003 prevails.
Added by Acts 2003, 78th Leg., ch. 192, § 2, eff. June 2, 2003. § 33.001. DEFINITIONS. In this chapter: (1) "Abortion" means the use of any means to terminate the pregnancy of a female known by the attending physician to be pregnant, with the intention that the termination of the pregnancy by those means will with reasonable likelihood cause the death of the fetus. This definition, as applied in this chapter, applies only to an unemancipated minor known by the attending physician to be pregnant and may not be construed to limit a minor's access to contraceptives.
(2) "Fetus" means an individual human organism from fertilization until birth.
(3) "Guardian" means a court-appointed guardian of the person of the minor.
(4) "Physician" means an individual licensed to practice medicine in this state.
(5) "Unemancipated minor" includes a minor who: (A) is unmarried; and (B) has not had the disabilities of minority removed under Chapter 31.
Added by Acts 1999, 76th Leg., ch. 395, § 1, eff. Sept. 1, 1999.
§ 33.002. PARENTAL NOTICE. (a) A physician may not perform an abortion on a pregnant unemancipated minor unless:
(1) the physician performing the abortion gives at least 48 hours actual notice, in person or by telephone, of the physician's intent to perform the abortion to:
(A) a parent of the minor, if the minor has no managing conservator or guardian; or
(B) a court-appointed managing conservator or guardian; (2) the judge of a court having probate jurisdiction, the judge of a county court at law, the judge of a district court, including a family district court, or a court of appellate jurisdiction issues an order authorizing the minor to consent to the abortion as provided by Section 33.003 or 33.004;
(3) a probate court, county court at law, district court, including a family district court, or court of appeals, by its inaction, constructively authorizes the minor to consent to the abortion as provided by Section 33.003 or 33.004; or
(4) the physician performing the abortion: (A) concludes that on the basis of the physician's good faith clinical judgment, a condition exists that complicates the medical condition of the pregnant minor and necessitates the immediate abortion of her pregnancy to avert her death or to avoid a serious risk of substantial and irreversible impairment of a major bodily function; and
(B) certifies in writing to the Texas Department of Health and in the patient's medical record the medical indications supporting the physician's judgment that the circumstances described by Paragraph (A) exist.
(b) If a person to whom notice may be given under Subsection (a)(1) cannot be notified after a reasonable effort, a physician may perform an abortion if the physician gives 48 hours constructive notice, by certified mail, restricted delivery, sent to the last known address, to the person to whom notice may be given under Subsection (a)(1). The period under this subsection begins when the notice is mailed. If the person required to be notified is not notified within the 48-hour period, the abortion may proceed even if the notice by mail is not received.
(c) The requirement that 48 hours actual notice be provided under this section may be waived by an affidavit of:
(1) a parent of the minor, if the minor has no managing conservator or guardian; or
(2) a court-appointed managing conservator or guardian. (d) A physician may execute for inclusion in the minor's medical record an affidavit stating that, according to the best information and belief of the physician, notice or constructive notice has been provided as required by this section. Execution of an affidavit under this subsection creates a presumption that the requirements of this section have been satisfied.
(e) The Texas Department of Health shall prepare a form to be used for making the certification required by Subsection (a)(4).
(f) A certification required by Subsection (a)(4) is confidential and privileged and is not subject to disclosure under Chapter 552, Government Code, or to discovery, subpoena, or other legal process. Personal or identifying information about the minor, including her name, address, or social security number, may not be included in a certification under Subsection (a)(4). The physician must keep the medical records on the minor in compliance with the rules adopted by the Texas State Board of Medical Examiners under Section 153.003, Occupations Code.
(g) A physician who intentionally performs an abortion on a pregnant unemancipated minor in violation of this section commits an offense. An offense under this subsection is punishable by a fine not to exceed $10,000. In this subsection, "intentionally" has the meaning assigned by Section 6.03(a), Penal Code.
(h) It is a defense to prosecution under this section that the minor falsely represented her age or identity to the physician to be at least 18 years of age by displaying an apparently valid governmental record of identification such that a reasonable person under similar circumstances would have relied on the representation. The defense does not apply if the physician is shown to have had independent knowledge of the minor's actual age or identity or failed to use due diligence in determining the minor's age or identity. In this subsection, "defense" has the meaning and application assigned by Section 2.03, Penal Code.
(i) In relation to the trial of an offense under this section in which the conduct charged involves a conclusion made by the physician under Subsection (a)(4), the defendant may seek a hearing before the Texas State Board of Medical Examiners on whether the physician's conduct was necessary to avert the death of the minor or to avoid a serious risk of substantial and irreversible impairment of a major bodily function. The findings of the Texas State Board of Medical Examiners under this subsection are admissible on that issue in the trial of the defendant. Notwithstanding any other reason for a continuance provided under the Code of Criminal Procedure or other law, on motion of the defendant, the court shall delay the beginning of the trial for not more than 30 days to permit a hearing under this subsection to take place.
Added by Acts 1999, 76th Leg., ch. 395, § 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, § 14.741, eff. Sept. 1, 2001.
§ 33.003. JUDICIAL APPROVAL. (a) A pregnant minor who wishes to have an abortion without notification to one of her parents, her managing conservator, or her guardian may file an application for a court order authorizing the minor to consent to the performance of an abortion without notification to either of her parents or a managing conservator or guardian.
(b) The application may be filed in any county court at law, court having probate jurisdiction, or district court, including a family district court, in this state.
(c) The application must be made under oath and include: (1) a statement that the minor is pregnant; (2) a statement that the minor is unmarried, is under 18 years of age, and has not had her disabilities removed under Chapter 31;
(3) a statement that the minor wishes to have an abortion without the notification of either of her parents or a managing conservator or guardian; and
(4) a statement as to whether the minor has retained an attorney and, if she has retained an attorney, the name, address, and telephone number of her attorney.
(d) The clerk of the court shall deliver a courtesy copy of the application made under this section to the judge who is to hear the application.
(e) The court shall appoint a guardian ad litem for the minor. If the minor has not retained an attorney, the court shall appoint an attorney to represent the minor. If the guardian ad litem is an attorney admitted to the practice of law in this state, the court may appoint the guardian ad litem to serve as the minor's attorney.
(f) The court may appoint to serve as guardian ad litem: (1) a person who may consent to treatment for the minor under Sections 32.001(a)(1)-(3);
(2) a psychiatrist or an individual licensed or certified as a psychologist under Chapter 501, Occupations Code;
(3) an appropriate employee of the Department of Protective and Regulatory Services;
(4) a member of the clergy; or (5) another appropriate person selected by the court. (g) The court shall fix a time for a hearing on an application filed under Subsection (a) and shall keep a record of all testimony and other oral proceedings in the action. The court shall enter judgment on the application immediately after the hearing is concluded.
(h) The court shall rule on an application submitted under this section and shall issue written findings of fact and conclusions of law not later than 5 p.m. on the second business day after the date the application is filed with the court. On request by the minor, the court shall grant an extension of the period specified by this subsection. If a request for an extension is made, the court shall rule on an application and shall issue written findings of fact and conclusions of law not later than 5 p.m. on the second business day after the date the minor states she is ready to proceed to hearing. If the court fails to rule on the application and issue written findings of fact and conclusions of law within the period specified by this subsection, the application is deemed to be granted and the physician may perform the abortion as if the court had issued an order authorizing the minor to consent to the performance of the abortion without notification under Section 33.002. Proceedings under this section shall be given precedence over other pending matters to the extent necessary to assure that the court reaches a decision promptly.
(i) The court shall determine by a preponderance of the evidence whether the minor is mature and sufficiently well informed to make the decision to have an abortion performed without notification to either of her parents or a managing conservator or guardian, whether notification would not be in the best interest of the minor, or whether notification may lead to physical, sexual, or emotional abuse of the minor. If the court finds that the minor is mature and sufficiently well informed, that notification would not be in the minor's best interest, or that notification may lead to physical, sexual, or emotional abuse of the minor, the court shall enter an order authorizing the minor to consent to the performance of the abortion without notification to either of her parents or a managing conservator or guardian and shall execute the required forms.
(j) If the court finds that the minor does not meet the requirements of Subsection (i), the court may not authorize the minor to consent to an abortion without the notification authorized under Section 33.002(a)(1).
(k) The court may not notify a parent, managing conservator, or guardian that the minor is pregnant or that the minor wants to have an abortion. The court proceedings shall be conducted in a manner that protects the anonymity of the minor. The application and all other court documents pertaining to the proceedings are confidential and privileged and are not subject to disclosure under Chapter 552, Government Code, or to discovery, subpoena, or other legal process. The minor may file the application using a pseudonym or using only her initials.
(l) An order of the court issued under this section is confidential and privileged and is not subject to disclosure under Chapter 552, Government Code, or discovery, subpoena, or other legal process. The order may not be released to any person but the pregnant minor, the pregnant minor's guardian ad litem, the pregnant minor's attorney, another person designated to receive the order by the minor, or a governmental agency or attorney in a criminal or administrative action seeking to assert or protect the interest of the minor. The supreme court may adopt rules to permit confidential docketing of an application under this section.
(m) The clerk of the supreme court shall prescribe the application form to be used by the minor filing an application under this section.
(n) A filing fee is not required of and court costs may not be assessed against a minor filing an application under this section.
Added by Acts 1999, 76th Leg., ch. 395, § 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, § 14.742, eff. Sept. 1, 2001.
§ 33.004. APPEAL. (a) A minor whose application under Section 33.003 is denied may appeal to the court of appeals having jurisdiction over civil matters in the county in which the application was filed. On receipt of a notice of appeal, the clerk of the court that denied the application shall deliver a copy of the notice of appeal and record on appeal to the clerk of the court of appeals. On receipt of the notice and record, the clerk of the court of appeals shall place the appeal on the docket of the court.
(b) The court of appeals shall rule on an appeal under this section not later than 5 p.m. on the second business day after the date the notice of appeal is filed with the court that denied the application. On request by the minor, the court shall grant an extension of the period specified by this subsection. If a request for an extension is made, the court shall rule on the appeal not later than 5 p.m. on the second business day after the date the minor states she is ready to proceed. If the court of appeals fails to rule on the appeal within the period specified by this subsection, the appeal is deemed to be granted and the physician may perform the abortion as if the court had issued an order authorizing the minor to consent to the performance of the abortion without notification under Section 33.002. Proceedings under this section shall be given precedence over other pending matters to the extent necessary to assure that the court reaches a decision promptly.
(c) A ruling of the court of appeals issued under this section is confidential and privileged and is not subject to disclosure under Chapter 552, Government Code, or discovery, subpoena, or other legal process. The ruling may not be released to any person but the pregnant minor, the pregnant minor's guardian ad litem, the pregnant minor's attorney, another person designated to receive the ruling by the minor, or a governmental agency or attorney in a criminal or administrative action seeking to assert or protect the interest of the minor. The supreme court may adopt rules to permit confidential docketing of an appeal under this section.
(d) The clerk of the supreme court shall prescribe the notice of appeal form to be used by the minor appealing a judgment under this section.
(e) A filing fee is not required of and court costs may not be assessed against a minor filing an appeal under this section.
(f) An expedited confidential appeal shall be available to any pregnant minor to whom a court of appeals denies an order authorizing the minor to consent to the performance of an abortion without notification to either of her parents or a managing conservator or guardian.
Added by Acts 1999, 76th Leg., ch. 395, § 1, eff. Sept. 1, 1999.
§ 33.005. AFFIDAVIT OF PHYSICIAN. (a) A physician may execute for inclusion in the minor's medical record an affidavit stating that, after reasonable inquiry, it is the belief of the physician that:
(1) the minor has made an application or filed a notice of an appeal with a court under this chapter;
(2) the deadline for court action imposed by this chapter has passed; and (3) the physician has been notified that the court has not denied the application or appeal.
(b) A physician who in good faith has executed an affidavit under Subsection (a) may rely on the affidavit and may perform the abortion as if the court had issued an order granting the application or appeal.
Added by Acts 1999, 76th Leg., ch. 395, § 1, eff. Sept. 1, 1999.
§ 33.006. GUARDIAN AD LITEM IMMUNITY. A guardian ad litem appointed under this chapter and acting in the course and scope of the appointment is not liable for damages arising from an act or omission of the guardian ad litem committed in good faith. The immunity granted by this section does not apply if the conduct of the guardian ad litem is committed in a manner described by Sections 107.003(b)(1)-(4).
Added by Acts 1999, 76th Leg., ch. 395, § 1, eff. Sept. 1, 1999.
§ 33.007. COSTS PAID BY STATE. (a) A court acting under Section 33.003 or 33.004 may issue an order requiring the state to pay:
(1) the cost of any attorney ad litem and any guardian ad litem appointed for the minor;
(2) notwithstanding Sections 33.003(n) and 33.004(e), the costs of court associated with the application or appeal; and
(3) any court reporter's fees incurred. (b) An order issued under Subsection (a) must be directed to the comptroller, who shall pay the amount ordered from funds appropriated to the Texas Department of Health.
Added by Acts 1999, 76th Leg., ch. 395, § 1, eff. Sept. 1, 1999.
§ 33.008. PHYSICIAN'S DUTY TO REPORT ABUSE OF A MINOR; INVESTIGATION AND ASSISTANCE. (a) A physician who has reason to believe that a minor has been or may be physically or sexually abused by a person responsible for the minor's care, custody, or welfare, as that term is defined by Section 261.001, shall immediately report the suspected abuse to the Department of Protective and Regulatory Services and shall refer the minor to the department for services or intervention that may be in the best interest of the minor.
(b) The Department of Protective and Regulatory Services shall investigate suspected abuse reported under this section and, if appropriate, shall assist the minor in making an application with a court under Section 33.003.
Added by Acts 1999, 76th Leg., ch. 395, § 1, eff. Sept. 1, 1999.
§ 33.009. OTHER REPORTS OF SEXUAL ABUSE OF A MINOR. A court or the guardian ad litem or attorney ad litem for the minor shall report conduct reasonably believed to violate Section 22.011, 22.021, or 25.02, Penal Code, based on information obtained during a confidential court proceeding held under this chapter to:
(1) any local or state law enforcement agency; (2) the Department of Protective and Regulatory Services, if the alleged conduct involves a person responsible for the care, custody, or welfare of the child;
(3) the state agency that operates, licenses, certifies, or registers the facility in which the alleged conduct occurred, if the alleged conduct occurred in a facility operated, licensed, certified, or registered by a state agency; or
(4) an appropriate agency designated by the court.
Added by Acts 1999, 76th Leg., ch. 395, § 1, eff. Sept. 1, 1999.
§ 33.010. CONFIDENTIALITY. Notwithstanding any other law, information obtained by the Department of Protective and Regulatory Services or another entity under Section 33.008 or 33.009 is confidential except to the extent necessary to prove a violation of Section 22.011, 22.021, or 25.02, Penal Code.
Added by Acts 1999, 76th Leg., ch. 395, § 1, eff. Sept. 1, 1999.
§ 33.011. INFORMATION RELATING TO JUDICIAL BYPASS. The Texas Department of Health shall produce and distribute informational materials that explain the rights of a minor under this chapter. The materials must explain the procedures established by Sections 33.003 and 33.004 and must be made available in English and in Spanish. The material provided by the department shall also provide information relating to alternatives to abortion and health risks associated with abortion.
Added by Acts 1999, 76th Leg., ch. 395, § 1, eff. Sept. 1, 1999. § 42.001. DEFINITIONS. In this chapter: (1) "Order" means a temporary or final order of a court of this state or another state or nation.
(2) "Possessory right" means a court-ordered right of possession of or access to a child, including conservatorship, custody, and visitation.
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 42.002. LIABILITY FOR INTERFERENCE WITH POSSESSORY RIGHT. (a) A person who takes or retains possession of a child or who conceals the whereabouts of a child in violation of a possessory right of another person may be liable for damages to that person.
(b) A possessory right is violated by the taking, retention, or concealment of a child at a time when another person is entitled to possession of or access to the child.
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 42.003. AIDING OR ASSISTING INTERFERENCE WITH POSSESSORY RIGHT. (a) A person who aids or assists in conduct for which a cause of action is authorized by this chapter is jointly and severally liable for damages.
(b) A person who was not a party to the suit in which an order was rendered providing for a possessory right is not liable unless the person at the time of the violation:
(1) had actual notice of the existence and contents of the order; or (2) had reasonable cause to believe that the child was the subject of an order and that the person's actions were likely to violate the order.
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 42.005. VENUE. A suit may be filed in a county in which: (1) the plaintiff resides; (2) the defendant resides; (3) a suit affecting the parent-child relationship as provided by Chapter 102 may be brought, concerning the child who is the subject of the court order; or
(4) a court has continuing, exclusive jurisdiction as provided by Chapter 155.
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 42.006. DAMAGES. (a) Damages may include: (1) the actual costs and expenses incurred, including attorney's fees, in: (A) locating a child who is the subject of the order; (B) recovering possession of the child if the petitioner is entitled to possession; and
(C) enforcing the order and prosecuting the suit; and (2) mental suffering and anguish incurred by the plaintiff because of a violation of the order.
(b) A person liable for damages who acted with malice or with an intent to cause harm to the plaintiff may be liable for exemplary damages.
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995; Acts 1995, 74th Leg., ch. 751, § 7, eff. Sept. 1, 1995.
§ 42.007. AFFIRMATIVE DEFENSE. The defendant may plead as an affirmative defense that the defendant acted in violation of the order with the express consent of the plaintiff.
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995; Acts 1999, 76th Leg., ch. 437, § 1, eff. Sept. 1, 1999.
§ 42.008. REMEDIES NOT AFFECTED. This chapter does not affect any other civil or criminal remedy available to any person, including the child, for interference with a possessory right, nor does it affect the power of a parent to represent the interest of a child in a suit filed on behalf of the child.
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 42.009. FRIVOLOUS SUIT. A person sued for damages as provided by this chapter is entitled to recover attorney's fees and court costs if:
(1) the claim for damages is dismissed or judgment is awarded to the defendant; and
(2) the court or jury finds that the claim for damages is frivolous, unreasonable, or without foundation.
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
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