§ 32.202. CONSENT TO EMERGENCY SHELTER OR CARE BY MINOR. (a) A minor may consent to emergency shelter or care to be provided to the minor or the minor's child or children, if any, under Section 32.201(c) if the minor is: (1) 16 years of age or older and: (A) resides separate and apart from the minor's parent, managing conservator, or guardian, regardless of whether the parent, managing conservator, or guardian consents to the residence and regardless of the duration of the residence; and (B) manages the minor's own financial affairs, regardless of the source of income; or (2) unmarried and is pregnant or is the parent of a child. (b) Consent by a minor to emergency shelter or care under this section is not subject to disaffirmance because of minority. (c) An emergency shelter facility may, with or without the consent of the minor's parent, managing conservator, or guardian, provide emergency shelter or care to the minor or the minor's child or children under Section 32.201(c). (d) An emergency shelter facility is not liable for providing emergency shelter or care to the minor or the minor's child or children if the minor consents as provided by this section, except that the facility is liable for the facility's own acts of negligence. (e) An emergency shelter facility may rely on the minor's written statement containing the grounds on which the minor has capacity to consent to emergency shelter or care. (f) To the extent of any conflict between this section and Section 32.003, Section 32.003 prevails. Added by Acts 2003, 78th Leg., ch. 192, § 2, eff. June 2, 2003.

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Last modified: August 10, 2007