40 Tex. Admin. Code § 700.467

Current through Reg. 45, No. 10; March 6, 2020
Section 700.467 - What is medical neglect?
(a) Medical neglect is a subset of the statutory definitions of neglect that appear in Texas Family Code § 261.001(4) and includes the following act or omission by a person: failing to seek, obtain, or follow through with medical care for a child, with the failure resulting in or presenting a substantial risk of death, disfigurement, or bodily injury or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child.
(b) In this section, the following terms have the following meanings:
(1) "Substantial risk" has the same definition as specified in § 700.455(b)(9) of this title (relating to What is physical abuse?).
(2) For purposes of this section, "observable and material impairment" means discernible and substantial damage or deterioration to the child's health or physical condition, including severe pain or injury, caused by failure to seek medical attention for obvious signs of serious illness, failure to follow the advice of a medical professional, or failure to administer necessary medical care required for a child's specific health condition.
(A) When determining if medical neglect has occurred, the Department of Family and Protective Services will consider the person's pattern of failing or refusing to follow through with medical care, the severity of the condition, any pain the child is experiencing from lack of medical care, the possible impact of non-treatment, and the length of time the condition has persisted.
(B) The mere refusal to administer or consent to the administration of psychotropic medication or consent to any other psychiatric or psychological treatment is not medical neglect if the failure does not result in substantial risk of death, disfigurement, or bodily injury or an observable and material impairment to the child's growth, development, or functioning.
(C) A parent or guardian is not considered negligent for failure to provide a child with specific medical treatment because of a legitimately held religious belief.

40 Tex. Admin. Code § 700.467

Adopted by Texas Register, Volume 41, Number 10, March 4, 2016, TexReg 1718, eff. April 15, 2016