Sec. 45.005. SECONDARY SERVICES PROVIDERS AND REFERRALS. (a) A child welfare services provider may not be required to provide any service that conflicts with the provider's sincerely held religious beliefs.
(b) A governmental entity or any person that operates under governmental authority to refer or place children for child welfare services shall:
(1) ensure that a secondary child welfare services provider is available in that catchment area to provide a service described by Subsection (a) to a child; or
(2) if there is an insufficient number of secondary services providers willing or available in that catchment area to provide that service, provide for one or more secondary services providers in a nearby catchment area.
(c) A child welfare services provider who declines to provide a child welfare service as authorized by this section shall:
(1) provide to the person seeking the service written information directing the person to:
(A) the web page on the department's Internet website that includes a list of other licensed child welfare services providers; or
(B) other information sources that identify other licensed child welfare services providers who provide the service being denied;
(2) refer the applicant to another licensed child welfare services provider who provides the service being denied; or
(3) refer the applicant to the department or to a single source continuum contractor to identify and locate a licensed child welfare services provider who provides the service being denied.
Added by Acts 2017, 85th Leg., R.S., Ch. 1152 (H.B. 3859), Sec. 1, eff. September 1, 2017.
Structure Texas Statutes
Title 2 - Human Services and Protective Services in General
Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services
Chapter 45 - Protection of Rights of Conscience for Child Welfare Services Providers
Section 45.001. Legislative Intent
Section 45.004. Child Welfare Services Providers Protected
Section 45.005. Secondary Services Providers and Referrals
Section 45.006. Private Right of Action
Section 45.008. Immunity Waived