Texas Education Code § 26.0091. Refusal of Psychiatric or Psychological Treatment of Child as Basis of Report of Neglect

(a) In this section, “ psychotropic drug” has the meaning assigned by Section 261.111, Family Code .

(b) An employee of a school district may not use or threaten to use the refusal of a parent, guardian, or managing or possessory conservator of a child to administer or consent to the administration of a psychotropic drug to the child, or to consent to any other psychiatric or psychological testing or treatment of the child, as the sole basis for making a report of neglect of the child under Subchapter B, Chapter 261, Family Code,  1 unless the employee has cause to believe that the refusal:

(1) presents a substantial risk of death, disfigurement, or bodily injury to the child;  or

(2) has resulted in an observable and material impairment to the growth, development, or functioning of the child.

1 V.T.C.A., Family Code § 261.101 et seq.

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