Texas Family Code - Section 32.001. Consent By Non-Parent
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§ 32.001. CONSENT BY NON-PARENT. (a) The following
persons may consent to medical, dental, psychological, and surgical
treatment of a child when the person having the right to consent as
otherwise provided by law cannot be contacted and that person has
not given actual notice to the contrary:
(1) a grandparent of the child;
(2) an adult brother or sister of the child;
(3) an adult aunt or uncle of the child;
(4) an educational institution in which the child is
enrolled that has received written authorization to consent from a
person having the right to consent;
(5) an adult who has actual care, control, and
possession of the child and has written authorization to consent
from a person having the right to consent;
(6) a court having jurisdiction over a suit affecting
the parent-child relationship of which the child is the subject;
(7) an adult responsible for the actual care, control,
and possession of a child under the jurisdiction of a juvenile court
or committed by a juvenile court to the care of an agency of the
state or county; or
(8) a peace officer who has lawfully taken custody of a
minor, if the peace officer has reasonable grounds to believe the
minor is in need of immediate medical treatment.
(b) The Texas Youth Commission may consent to the medical,
dental, psychological, and surgical treatment of a child committed
to it under Title 3 when the person having the right to consent has
been contacted and that person has not given actual notice to the
contrary.
(c) This section does not apply to consent for the
immunization of a child.
(d) A person who consents to the medical treatment of a
minor under Subsection (a)(7) or (8) is immune from liability for
damages resulting from the examination or treatment of the minor,
except to the extent of the person's own acts of negligence. A
physician or dentist licensed to practice in this state, or a
hospital or medical facility at which a minor is treated is immune
from liability for damages resulting from the examination or
treatment of a minor under this section, except to the extent of the
person's own acts of negligence.
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20,
1995; Acts 1995, 74th Leg., ch. 751, § 5, eff. Sept. 1, 1995.
Section: 31.001 31.002 31.003 31.004 31.005 31.006 31.007 32.001 32.002 32.003 32.004 32.005 32.101 32.102 32.103
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Last modified: August 10, 2007
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