Tex. Fam. Code § 32.001 · Subchapter A. CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL, AND SURGICAL TREATMENT
CONSENT BY NON-PARENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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) Except as otherwise provided by this subsection, the Texas Juvenile Justice Department may consent to the medical, dental, psychological, and surgical treatment of a child committed to the department 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. Consent for medical, dental, psychological, and surgical treatment of a child for whom the Department of Family and Protective Services has been appointed managing conservator and who is committed to the Texas Juvenile Justice Department is governed by Sections 266.004, 266.009, and 266.010.
(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.
Notes and commentary — not statutory text
History
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 5, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 108 (H.B. 1629), Sec. 1, eff. May 23, 2009.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 37, eff. September 1, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.32.htm
- Text hash
- sha256 b251801cf9b4dc34225b4cf47d71cf2899ded774f3ed49a18c485fe4c9721e4f
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Family Code
- Tex. Fam. Code tit. 3JUVENILE JUSTICE CODEPrinted as Title 3
- Tex. Fam. Code § 266.004CONSENT FOR MEDICAL CARE.Printed as Sections 266.004, 266.009, and 266.010
- Tex. Fam. Code § 266.009PROVISION OF MEDICAL CARE IN EMERGENCY.Printed as Sections 266.004, 266.009, and 266.010
- Tex. Fam. Code § 266.010CONSENT TO MEDICAL CARE BY FOSTER CHILD AT LEAST 16 YEARS OF AGE.Printed as Sections 266.004, 266.009, and 266.010
Cited by 3 provisions
Provisions in this library whose text cites Tex. Fam. Code § 32.001. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.