HB 2069 — Relating to a parent's right to intervene in the apprehension by a peace officer of a child for an emergency detention and certain requirements and restrictions applicable to an emergency detention.

Summary

Relating to a parent's right to intervene in the apprehension by a peace officer of a child for an emergency detention and certain requirements and restrictions applicable to an emergency detention.

Bill Text

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the Texas statutes: Section 573.001, Health and Safety Code.

• Section 573.001, Health and Safety Code

  A → Subject to Section 573.0011, a (i) A peace officer who takes a person into custody under Subsection (a) must use age-appropriate trauma-informed practices in responding to the situation.

  amended

• Sec. 573.0011. PARENT'S RIGHT TO INTERVENE IN EMERGENCY DETENTION OF CHILD. (a) In this section, "child" means a person younger than 18 years of age. (b) A parent, guardian, conservator, or other person standing in parental relation to a child who is made aware that the child is being placed under an emergency detention under this subchapter has the right to take custody of the child and may voluntarily seek treatment or services for the child from a provider of the person's choice. (c) A peace officer, including a school district peace officer commissioned under Section 37.081, Education Code, may not place a child under an emergency detention under this subchapter without first attempting to contact the child's parent, guardian, conservator, or other person standing in parental relation to the child and informing the person about the person's right under Subsection (b). (d) If a peace officer transports a child to a facility under Section 573.001(d), the officer must include a statement describing the officer's attempt to contact a parent, guardian, conservator, or other person standing in parental relation to the child, as required by Subsection (c), in the emergency detention form described by Section 573.002(d) that the officer files with the facility as a notification of detention under that section. (e) If a school district peace officer transports a child to a facility under Section 573.001(d), in addition to the requirement imposed by Subsection (d) of this section, the officer must also document the officer's attempt to contact a parent, guardian, conservator, or other person standing in parental relation to the child, as required by Subsection (c), in the child's student records with the school district, and the district must forward a copy of the applicable records to the child's parent, guardian, conservator, or other person standing in parental relation to the child. Sec. 573.0012. CERTAIN RESTRAINT DEVICES PROHIBITED ON CHILD 10 YEARS OF AGE OR YOUNGER. (a) A peace officer may not use handcuffs, electrical devices, chemical agents, or any other similar devices intended for use in the control or management of detainees to apprehend a child 10 years of age or younger for purposes of an emergency detention under this subchapter unless the peace officer believes that the child poses an imminent risk of harm to the child or another person if the child is not immediately restrained. (b) If a peace officer uses a restraint device described by Subsection (a) to apprehend a child, the officer must include in the emergency detention form described by Section 573.002(d) filed with a facility as a notification of detention under that section a statement describing the circumstances that formed the basis for the officer's belief that a risk of harm was imminent if the child was not immediately restrained.

  amended

Action History

1. March 14, 2025

   Referred to Homeland Security, Public Safety & Veterans' Affairs

2. March 14, 2025

   Read first time

3. January 24, 2025

   Filed

Sponsors

• Lacey Hull · Primary

Subjects