SECTION 379.1308. Nonresidential Services for a Person Under 18 Years of Age  


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  • (a) A contractor may provide a nonresidential service to a minor if:

    (1) the minor consents to counseling from a licensed or certified physician, psychologist, counselor, or social worker, under Texas Family Code §32.004, for:

    (A) suicide prevention;

    (B) chemical addiction or dependency; or

    (C) sexual, physical, or emotional abuse;

    (2) the contractor has consent from the minor's parent, managing conservator, or guardian to provide the minor with the nonresidential service; or

    (3) the contractor otherwise complies with Texas Family Code, Chapter 32, if the project does not obtain consent from the minor's parent, managing conservator, or guardian.

    (b) Notwithstanding subsection (a) of this section, a victim of family violence under 18 years of age may consent to a nonresidential service provided by the contractor if:

    (1) the victim is married or has been married; or

    (2) the victim has had the disabilities of minority removed for general purposes (i.e., is legally emancipated).

Source Note: The provisions of this §379.1308 adopted to be effective December 23, 2007, 32 TexReg 9332; amended to be effective December 16, 2015, 40 TexReg 8886