CHAPTER 32. CONSENT TO TREATMENT OF CHILD BY NON-PARENT OR CHILD - Texas Statutes

FAMILY CODE

TITLE 2. CHILD IN RELATION TO THE FAMILY

SUBTITLE A. LIMITATIONS OF MINORITY

CHAPTER 32. CONSENT TO TREATMENT OF CHILD BY NON-PARENT OR CHILD

SUBCHAPTER A. CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL, AND

SURGICAL TREATMENT

Sec. 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) Except as otherwise provided by this subsection, the Texas

Youth Commission may consent to the medical, dental,

psychological, and surgical treatment of a child committed to the

Texas Youth Commission 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. Consent for medical, dental,

psychological, and surgical treatment of a child for whom the

Department of Family and Protective Services has been appointed

managing conservator and who is committed to the Texas Youth

Commission is governed by Sections 266.004, 266.009, and 266.010.

(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, Sec. 1, eff. April 20,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 5, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

108, Sec. 1, eff. May 23, 2009.

Sec. 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, Sec. 1, eff. April 20,

1995.

Sec. 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;

(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; or

(7) is serving a term of confinement in a facility operated by

or under contract with the Texas Department of Criminal Justice,

unless the treatment would constitute a prohibited practice under

Section 164.052(a)(19), Occupations Code.

(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, Sec. 1, eff. April 20,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 6, eff. Sept. 1, 1995;

Acts 2001, 77th Leg., ch. 821, Sec. 2.01, eff. June 14, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1227, Sec. 2, eff. June 15, 2007.

Sec. 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, Sec. 1, eff. April 20,

1995.

Sec. 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, Sec. 1, eff. April 20,

1995; Acts 1997, 75th Leg., ch. 575, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER B. IMMUNIZATION

Sec. 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, Sec. 1, eff. April 20,

1995; Acts 1997, 75th Leg., ch. 165, Sec. 7.09(a), eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 62, Sec. 6.02, eff. Sept. 1,

1999.

Sec. 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, Sec. 1, eff. April 20,

1995. Renumbered from Sec. 32.103 and amended by Acts 1997, 75th

Leg., ch. 165, Sec. 7.09(b), (d), eff. Sept. 1, 1997.

Sec. 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, Sec. 1, eff. April 20,

1995. Renumbered from Sec. 32.104 by Acts 1997, 75th Leg., ch.

165, Sec. 7.09(e), eff. Sept. 1, 1997.

SUBCHAPTER C. MISCELLANEOUS PROVISIONS

Sec. 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, Sec. 1, eff. April 20,

1995; Acts 2003, 78th Leg., ch. 192, Sec. 1, eff. June 2, 2003.

Sec. 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, Sec. 2, eff. June 2,

2003.