Holt Therapy Bill’s Contract Rule Can Reach Ordinary Family Counseling

The text as introduced · 632 words

89R10336 MLH-D

By: Holt
H.B. No. 3515

A BILL TO BE ENTITLED

AN ACT

relating to regulating parental reunification therapy in a suit

affecting the parent-child relationship.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act shall be known as the Safe Haven Act.

SECTION 2. Subchapter A, Chapter 153, Family Code, is

amended by adding Sections 153.0101 and 153.0102 to read as

follows:

Sec. 153.0101. ORDER FOR PARENTAL REUNIFICATION THERAPY.

(a) For purposes of this section, "parental reunification therapy"

includes any therapy, treatment, program, camp, or service that is

intended to address, repair, or remediate a child's relationship

with a parent.

(b) In a suit, the court may not require a child to

participate in parental reunification therapy without the consent

of both parents.

(c) Regardless of whether both parents consent, the court

may not order parental reunification therapy that requires,

involves, or may result in:

(1) a prohibition on contact between the child and:

(A) the child's other parent;

(B) a nonparent appointed as a conservator of the

child; or

(C) another family member to whom the child is

related within the second degree of consanguinity or affinity;

(2) the parent and child staying together overnight or

traveling together out of state;

(3) the rendition of an order of modification under

Chapter 156 temporarily transferring conservatorship or possession

of the child to the parent seeking reunification;

(4) the use of transportation services or agents that

engage in:

(A) the use or threat of force or physical

obstruction; or

(B) other actions that place the child's safety

at risk; or

(5) the use of or threats of physical force, undue

influence, verbal abuse, or isolation from the child's sources of

support.

(d) This section may not be construed to prohibit a court

from ordering a party to attend and complete a battering

intervention and prevention program under Section

153.004(d-1)(2)(D).

(e) A person who is a party to a suit involving an order that

violates this section may bring an action seeking:

(1) a motion to vacate or modify the order; or

(2) judicial review of the court's decision.

Sec. 153.0102. REQUIREMENTS FOR PARENTAL REUNIFICATION

THERAPY PROVIDERS. (a) For purposes of this section, "parental

reunification therapy" includes any therapy, treatment, program,

camp, or service that is intended to address, repair, or remediate a

child's relationship with a parent.

(b) An entity that provides parental reunification therapy

may not provide services unless the entity operates under a

contract for service that:

(1) includes explicit details of the entity's

processes, protocols, or procedures for the therapy; and

(2) is signed by all parties participating in the

therapy, after each party is fully informed of the details

described by Subdivision (1).

(c) A person who has reason to believe that an entity has

violated this section may file a complaint with the Texas State

Board of Examiners of Professional Counselors or another

appropriate licensing authority.

SECTION 3. Section 153.0101, Family Code, as added by this

Act, applies to a suit affecting the parent-child relationship that

is pending in a trial court on the effective date of this Act or

filed on or after that date.

SECTION 4. The enactment of Section 153.0101, Family Code,

as added by this Act, constitutes a material and substantial change

of circumstances sufficient to warrant modification of a court

order or portion of a decree that provides for the possession of or

access to a child rendered before the effective date of this Act.

SECTION 5. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.