713-333-4430New Texas Law Safeguards Parental Rights Over Medical Decisions in Custody Disputes
Texas parents often worry about how the everyday decisions they make as parents can be misinterpreted by the Child Protective Services Division of the Texas Department of Family and Protective Services. Choices like seeking a second medical opinion, opting for alternative healthcare options, or homeschooling have been known to trigger CPS calls. Even when these calls don’t result in the loss of your child, they are stressful and traumatizing for everyone involved. A new Texas bill, HB 1151, went into effect on September 1, 2025. If you’ve ever called a child custody attorney in Texas after an angry co-parent called CPS on you for your parenting choices, you need to know about this bill.
At Boudreaux Hunter & Associates, LLC, we are passionate about protecting parents’ rights and their access to their children. Attorney Kevin Hunter is a committed advocate for his clients, helping them navigate complex investigations and complaints that threaten their rights. Learn more about how we can help now by calling our child custody law firm at 713-333-4430 now.
What You Need to Know About HB 1151
HB 1151 was created to address concerns with claims of child neglect and grounds for termination of parental rights. The law strengthens parental rights and the protection they are granted under law. Previously, parents who went against a physician’s treatment recommendations or chose alternative treatments were at risk of having their children removed from their care. This law limits the definition of neglect to keep families intact, while still allowing the state to step in if a child is truly in danger.
Changes to Grounds for Termination
The law states that evidence of certain choices is no longer enough to be considered clear and convincing evidence that allows a court to order termination of parental rights. These choices and circumstances include:
- Homeschooling
- Being economically disadvantaged
- Being charged with a nonviolent misdemeanor (certain charges are excluded from this)
- Administering low-THC cannabis to a child for whom the cannabis was prescribed
- Declining immunizations
- Seeking second medical opinions
- Allowing child to engage in independent activities that are appropriate for their development
- Refusing to consent to certain psychological treatments unless the refusal puts the child at risk of death or bodily injury
Changes to the Definition of Neglect
Later on in the text of the bill, you’ll find a clearer definition of neglect. The law states that it’s an act or failure to act in a way that shows a blatant disregard for the child’s wellbeing or that puts the child’s physical health and safety in immediate danger. Any claims of neglect must meet further requirements in addition to this definition.
Why These Changes Matter for Parents
These changes matter for parents who may not always take the most common path when raising their children. Many parents have sought help from child custody lawyers in the past because of CPS claims and co-parents who use differences in parenting styles to fight for additional parenting time. Parents who make these choices can now breathe a little easier, knowing that their rights are protected.
If your co-parent files a complaint based on one of the protected factors described earlier, that factor alone will not be enough to warrant removal of the child and termination of the parent-child relationship. A child custody attorney can challenge that reasoning and note that additional evidence must be present to show that the child is in danger.
This doesn’t mean that you don’t have to ever worry about false claims again if you homeschool, don’t immunize, or choose alternative healthcare options. Co-parents may still file complaints, but this law does give you greater grounds to fight back against unfair removal of your children or loss of parenting time. It’s still recommended that you consult a child custody lawyer to advocate for your rights and demonstrate that your child is safe, their needs are met, and that your decisions are based on good-faith efforts to care for your children.
If you have a co-parent using your parenting choices against you in a custody battle, it’s important to set up a consultation with a child custody law firm right away.
Explore Your Legal Options With Our Custody Law Firm
Are your parental rights under fire by your ex? Let’s talk about your next steps and how we can advocate for your rights as a parent. Call us at 713-333-4430 or schedule a time to talk now by reaching out online.
Attorney Kevin Hunter at Boudreaux Hunter & Associates, LLC has experience with child custody, spousal support, high conflict divorce, and is fully equipped to guide you through the process. Learn more about Kevin on his profile here.
