Texas HB 1151 (2025): Refusing Psychotropic Medication Is Not Neglect by Itself

This bill is law. It took effect September 1, 2025.

The short answer

HB 1151 says a parent's refusal to give a child psychotropic medication (medicine that affects the mind, mood or behavior), or to agree to other psychiatric or psychological treatment, is not "neglect" under Texas law. The same is true of choosing a recognized alternative treatment. Neither one, by itself, lets DFPS remove the child or a court end parental rights. There are two exceptions: when the choice puts the child at substantial risk of death, disfigurement or bodily injury, or causes an observable and material harm to the child's growth, development or functioning.

What it changes

HB 1151 changed three parts of the Texas Family Code: the definition of neglect, the list of reasons DFPS cannot use to take a child, and the list of facts that are not enough to end parental rights.

The neglect definition. The neglect definition in Tex. Fam. Code §261.001(4) lists things that are not neglect. HB 1151 added two:

• refusing to give or agree to psychotropic medication, or to agree to other psychiatric or psychological treatment, for the child; and
• choosing a "recognized alternative health care treatment or therapy" that could be seen as new, emerging or nonstandard.

Both come with the same two exceptions. The choice can still be neglect if it presents a substantial risk of death, disfigurement or bodily injury, or results in an observable and material impairment to the child's growth, development or functioning.

The current statute shows this new text as "added by" HB 1151. Another 2025 bill, HB 1106, also added a subparagraph to the same list, so the official statute now shows two different subparagraphs numbered (iv).

Removal. Family Code §262.116(a) lists things DFPS may not rely on to take possession of a child. HB 1151 added the same two items, with the same exceptions. The list also keeps items from earlier law, such as homeschooling, being economically disadvantaged, seeking a second medical opinion, and a positive marihuana test unless DFPS has evidence the parent's use caused significant impairment to the child.

Termination. Family Code §161.001(c) lists facts that are not "clear and convincing evidence" (the high proof standard for ending parental rights) sufficient for a termination finding. HB 1151 added the same two items to this list, again with the same exceptions.

According to the Senate Research Center's analysis of the House-passed bill, the bill's purpose was that parents had faced CPS investigations when they declined psychotropic medication or psychiatric treatment for their children.

The changes apply only to DFPS court cases filed on or after September 1, 2025. Earlier cases follow the law in effect when they were filed.

Which laws it affects

• Tex. Fam. Code §261.001(4): the definition of neglect used in CPS investigations.
• Family Code §262.116(a): reasons DFPS may not use to take possession of a child.
• Family Code §161.001(c): evidence that is not enough, alone, to terminate the parent-child relationship.

Related

• The Texas CPS Investigation Process, Step by Step (Family Code §§261.301–261.302)
• CPS Investigation Findings in Texas: Reason to Believe, Ruled Out and More
• Your Rights When Texas CPS Contacts You (Family Code §261.307)
• Texas HB 567 (2021): Neglect Definition, Removals and Court-Ordered Services: the 2021 law on the neglect definition and removals
• Texas HB 7 (2017): CPS Court Case Reforms: the 2017 CPS court reform law