Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade
Caption
relating to the appointment of the Department of Family and
Protective Services and a child's parent or legal guardian as joint
managing conservators for the child.
Covers children with severe emotional disturbance whose parents seek mental health care.
The bill rewrites the Family Code section on children with severe emotional disturbance whose parents turn to the Department of Family and Protective Services to get them mental health care. Before filing for custody, the department must talk with the parent about sharing custody, and a court must name both the department and the parent as joint managing conservators if the parent has tried every reasonable way to get care and agrees to take part in the child's service plan. Children under that shared custody also cannot be put in a hotel or other unlicensed setting for temporary emergency care, and the changes apply to suits filed on or after September 1, 2025.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R SB 2591 (Did not pass) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 2591 (Did not pass). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Dec 13, 2024 and referred to the Senate Health & Human Services committee. No public hearing. The bill died.
relating to the appointment of the Department of Family and
Protective Services and a child's parent or legal guardian as joint
managing conservators for the child.
WHAT IT DOES
Covers children with severe emotional disturbance whose parents seek mental health care.
The bill rewrites the Family Code section on children with severe emotional disturbance whose parents turn to the Department of Family and Protective Services to get them mental health care. Before filing for custody, the department must talk with the parent about sharing custody, and a court must name both the department and the parent as joint managing conservators if the parent has tried every reasonable way to get care and agrees to take part in the child's service plan. Children under that shared custody also cannot be put in a hotel or other unlicensed setting for temporary emergency care, and the changes apply to suits filed on or after September 1, 2025.
Last action, May 23, 2023: Placed on General State Calendar
Relating to the appointment of the Department of Family and Protective Services and a child's parent or legal guardian as joint managing conservators for the child.
Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.
Senate committee · Health & Human Services · Final status: Died in committee
Subjects
Family--Child Protection
Family--Parent & Child
Mental Health & Substance Abuse
FAMILY & PROTECTIVE SERVICES, DEPARTMENT OF
Text
The text as introduced · 362 words
89R1352 MLH-F
By: West
S.B. No. 588
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of the Department of Family and
Protective Services and a child's parent or legal guardian as joint
managing conservators for the child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 262.352, Family Code, is amended to read
as follows:
Sec. 262.352. JOINT MANAGING CONSERVATORSHIP OF CHILD. (a)
In this section, "hotel" has the meaning assigned by Section
792.001, Health and Safety Code.
(b) Before the department files a suit affecting the
parent-child relationship requesting managing conservatorship of a
child who suffers from a severe emotional disturbance in order to
obtain mental health services for the child, the department must,
unless it is not in the best interest of the child, discuss with the
child's parent or legal guardian the option of seeking a court order
for joint managing conservatorship of the child with the
department.
(c) A court shall enter an order appointing the department
and the child's parent or legal guardian as joint managing
conservators of the child if the court finds sufficient evidence to
satisfy a person of ordinary prudence and caution that the child's
parent or legal guardian has:
(1) exhausted all reasonable means available to the
parent or legal guardian to obtain mental health services to meet
the child's needs; and
(2) agreed to actively participate in the child's
service plan in preparation for the child's return to the parent or
legal guardian.
(d) A child in the joint managing conservatorship of the
department and the child's parent or legal guardian may not receive
temporary emergency care under Section 264.107(g) in a hotel or
other unlicensed setting.
SECTION 2. The change in law made by this Act applies only
to a suit affecting the parent-child relationship filed on or after
the effective date of this Act. A suit affecting the parent-child
relationship filed before the effective date of this Act is
governed by the law in effect on the date the suit was filed, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.