Regular Session
Department of Family and Protective Services (DFPS)
Key implementation requirements and action items for compliance with this legislation
The statute uses the term "suicide attempt" without providing a clinical definition distinguishing it from Non-Suicidal Self-Injury (NSSI).
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This bill's path through the Texas Legislature
BILL ANALYSIS |
| C.S.H.B. 2809 |
| By: Rose |
| Human Services |
| Committee Report (Substituted) |
| BACKGROUND AND PURPOSE According to the 2024 update to the Report on Suicide and Suicide Prevention in Texas published by the Statewide Behavioral Health Coordinating Council, youth in foster care are almost four times more likely to have thought about or attempted suicide than those who have never been in foster care. The report also indicated that the rate of suicide mortality for youth in the foster care system was more than twice the rate for youth in Texas for two years in 2020 and 2021, and that one reason for this higher rate could be that youth in the foster care system experience higher rates of trauma and adverse childhood experiences than children outside that system. While the suicide rate for youth in the foster care system recently decreased to zero suicide deaths in 2022 and in 2023, this is a small population, which can result in the suicide mortality rate fluctuating significantly, and a suicide mortality rate of zero does not mean there were zero suicide attempts among youth in foster care. C.S.H.B. 2809 seeks to address this issue by requiring the Department of Family and Protective Services (DFPS) to include in its annual report of child protection statistics the number of children who attempted suicide while in DFPS managing conservatorship in the preceding year and by classifying a suicide attempt as a significant change in medical condition that triggers requirements for DFPS to provide notice to certain individuals with respect to a child in DFPS managing conservatorship.
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| CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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| RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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| ANALYSIS C.S.H.B. 2809 amends the Family Code to change the deadline by which the Department of Family and Protective Services (DFPS) is required to provide to the legislature its annual report of child protection statistics, publish the report, and make the report available electronically to the public from not later than February 1 of each year to not later than August 1 of each year. The bill requires DFPS to include in the report the number of children who attempted suicide while in DFPS managing conservatorship in the preceding year. The bill classifies a suicide attempt as a significant change in medical condition that triggers requirements for DFPS to provide notice to certain individuals with respect to a child in DFPS managing conservatorship.
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| EFFECTIVE DATE September 1, 2025.
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| COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 2809 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. The substitute includes a provision absent from the introduced that changes the deadline by which DFPS is required to provide to the legislature its annual report of child protection statistics, publish the report, and make the report available electronically to the public from not later than February 1 of each year to not later than August 1 of each year. |
| H.B. No. 2809 | ||
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| relating to required reporting by the Department of Family and | ||
| Protective Services regarding youth in the managing | ||
| conservatorship of the department who attempt suicide. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 264.017(b), Family Code, is amended to | ||
| read as follows: | ||
| (b) The department shall provide the report required by | ||
| Subsection (a) to the legislature and shall publish the report and | ||
| make the report available electronically to the public not later | ||
| than December [ |
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| with respect to the preceding year: | ||
| (1) information on the number and disposition of | ||
| reports of child abuse and neglect received by the department; | ||
| (2) information on the number of clients for whom the | ||
| department took protective action, including investigations, | ||
| alternative responses, and court-ordered removals; | ||
| (3) information on the number of clients for whom the | ||
| department provided services in each program administered by the | ||
| child protective services division, including investigations, | ||
| alternative responses, family-based safety services, | ||
| conservatorship, post-adoption services, and transitional living | ||
| services; | ||
| (4) the number of children in this state who died as a | ||
| result of child abuse or neglect; | ||
| (5) the number of children described by Subdivision | ||
| (4) for whom the department was the children's managing conservator | ||
| at the time of death; | ||
| (6) information on the timeliness of the department's | ||
| initial contact in an investigation or alternative response; | ||
| (7) information on the response time by the department | ||
| in commencing services to families and children for whom an | ||
| allegation of child abuse or neglect has been made; | ||
| (8) information regarding child protection staffing | ||
| and caseloads by program area; | ||
| (9) information on the permanency goals in place and | ||
| achieved for children in the managing conservatorship of the | ||
| department, including information on the timeliness of achieving | ||
| the goals, the stability of the children's placement in foster | ||
| care, and the proximity of placements to the children's home | ||
| counties; | ||
| (10) the number of children who suffer from a severe | ||
| emotional disturbance and for whom the department is appointed | ||
| managing conservator, including statistics on appointments as | ||
| joint managing conservator, due to an individual voluntarily | ||
| relinquishing custody of a child solely to obtain mental health | ||
| services for the child; | ||
| (11) the number of children who are pregnant or a | ||
| parent while in the managing conservatorship of the department and | ||
| the number of the children born to a parent in the managing | ||
| conservatorship of the department who are placed in the managing | ||
| conservatorship of the department; | ||
| (12) the number of children who are missing from the | ||
| children's substitute care provider while in the managing | ||
| conservatorship of the department; [ |
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| (13) the number of children who were victims of | ||
| trafficking under Chapter 20A, Penal Code, while in the managing | ||
| conservatorship of the department; and | ||
| (14) the number of children who attempted suicide | ||
| while in the managing conservatorship of the department. | ||
| SECTION 2. Section 264.018(a)(4), Family Code, is amended | ||
| to read as follows: | ||
| (4) "Significant change in medical condition" means | ||
| the occurrence of an injury or the onset of an illness that is | ||
| life-threatening or may have serious long-term health | ||
| consequences. The term includes: | ||
| (A) the occurrence or onset of an injury or | ||
| illness that requires hospitalization for surgery or another | ||
| procedure that is not minor emergency care; and | ||
| (B) a suicide attempt. | ||
| SECTION 3. This Act takes effect September 1, 2025. | ||
| TO: | Honorable Lacey Hull, Chair, House Committee on Human Services |
| FROM: | Jerry McGinty, Director, Legislative Budget Board |
| IN RE: | HB2809 by Rose (Relating to required reporting by the Department of Family and Protective Services regarding youth in the managing conservatorship of the department who attempt suicide.), As Introduced |
| Source Agencies: | 530 Family and Protective Services, Department of |
| LBB Staff: | JMc, NPe, ER, AN |
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Common questions about HB2809
HB2809 statutorily reclassifies a "suicide attempt" as a "significant change in medical condition" under Texas Family Code Section 264. 018. This change removes provider discretion regarding incident classification and mandates immediate notification to parents, guardians, and DFPS for every such instance.
HB2809 was authored by Texas Representative Toni Rose during the Regular Session.
HB2809 was signed into law by Governor Greg Abbott on May 28, 2025.
HB2809 is enforced by Department of Family and Protective Services (DFPS).
The compliance urgency for HB2809 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
The cost impact of HB2809 is estimated as "low". This may vary based on industry and implementation requirements.
HB2809 addresses topics including family, family--child protection, mental health & substance abuse, minors and minors--health & safety.
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