HBA-JRA H.B. 3565 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3565 By: Uher Public Health 4/5/1999 Introduced BACKGROUND AND PURPOSE Under current law, parents and guardians do not expressly have the right to commit their children to private rehabilitation and behavior modification facilities. H.B. 3565 specifically authorizes a parent or guardian to commit an unemancipated minor child to a private rehabilitation or behavior modification facility without the minor's consent. In addition, this bill provides an appeals process to the minor child and parent or guardian of the minor child who disagree with a parent's or guardian's decision to commit the minor to such a facility. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 462.022, Health and Safety Code, by adding Subsection (d), as follows: (d) Prohibits anything in this section, relating to the admission of a minor to a chemical dependence treatment or rehabilitation facility, from restricting the right of a parent or guardian of an unemancipated minor child to commit the child to a private rehabilitation or behavior modification facility as provided under Section 462.025 of this code. SECTION 2. Amends Section 462.023, Health and Safety Code, by adding Subsection (e), as follows: (e) Prohibits anything in this section from granting the right of an involuntary patient under the age of 18 committed under Section 462.025 the right to discharge or release from a private rehabilitation or behavior modification facility. SECTION 3. Amends Chapter 462, Health and Safety Code, by adding Section 462.025, as follows: Sec. 462.025. INVOLUNTARY COMMITMENT OF UNEMANCIPATED MINORS; CONSENT REQUIREMENT; MINOR'S PETITION FOR COURT ORDER; JUDGMENT AND ORDER; APPEAL. (a) Authorizes a parent or guardian of an unemancipated minor to commit the minor to a private rehabilitation or behavior modification facility if the parent or guardian deems it necessary. (b) Authorizes a parent or guardian to commit the minor to such facilities without the minor's consent if the child is under the age of 18, subject to the minor's right to petition the juvenile court as provided in this section, and without first obtaining a professional psychiatric or medical examination of the child. (c) Provides that any private rehabilitation or behavior modification facility must inform any proposed patient who is an unemancipated minor of the minor's right to petition the court and provide an opportunity for the minor to make such a petition while in the facility within 14 days of admission. (d) Authorizes a petition to prevent the commitment of the minor to a rehabilitation or behavior modification facility or to discharge or release a minor from such a facility to be filed with the juvenile court by the minor if the minor deems the decision to commit the minor to such a facility to be unreasonable and without good cause or for an unreasonable length of time, a parent or guardian of the minor if two parents or guardians of the minor disagree about the commitment of the minor, or a parent or guardian of the minor if two parents or guardians of the minor disagree about whether to discharge or release a previously committed minor, provided the parent or guardian filing the petition was not denied a petition to prevent the commitment of the minor within six months of filing the petition to discharge or release the minor. (e) Requires a court to assist the minor or the minor's designee in preparing the petition and notices required by this section. Requires the petition to specifically state the minor's reason for the request. Authorizes the minor to participate in the court proceedings. Authorizes the court to appoint a guardian ad litem for the minor. Requires the court to advise the minor that the minor has a right to court-appointed counsel. Requires the hearing to be set within three days of filing the petition. (f) Requires the court to consider all evidence duly presented at the hearing and grant or deny the petition. Requires that the order be valid against all parents and guardians of the minor. Requires that judgment be entered within one court day of submission of the matter. (g) Authorizes a parent, guardian, or minor to appeal the judgment of the juvenile court by filing a written notice of appeal at any time after the entry of judgment. Requires the court to prescribe the practice and procedure on appeal and the time and manner in which any record is to be prepared and filed. Requires these procedures to require that the notice of the date, time, and place of hearing be mailed to the parties by the clerk of the court. Requires the hearing date, time, and place to be set within five court days of the filing of the notice of appeal. Requires that judgment of appeal be entered within one court day of submission of the matter. (h) Prohibits fees or costs incurred in connection with the procedures required by this section from being chargeable to the minor or the minor's parents or guardians unless the court finds that a parent or guardian has committed a gross abuse of rights, in which case the court may charge fees and costs to the minor's parents or guardians as is just and reasonable. Effective date: 90 days after adjournment.