BILL ANALYSIS

Senate Research Center	C.S.H.B. 3379
87R28440 MCK-D	By: Leman et al. (Kolkhorst)
	Health & Human Services
	5/21/2021
	Committee Report (Substituted)

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

There are concerns that the current standard for reporting suspected child abuse or neglect, which is simply having any cause to believe reportable conduct has occurred, is overly broad and could lead to a person submitting a false report that would only distress the child in question and waste investigatory resources. Additionally, this overly broad reporting standard could also lead to a person who did not submit an initial report being charged for failing to do so even though they had no real information to indicate abuse or neglect had taken place.

C.S.H.B. 3379 seeks to address these issues by changing the reporting standard so that a person has a duty to report child abuse or neglect only when there is reasonable cause to believe reportable conduct has occurred.

Committee Substitute Changes

� Deletes Subsection (b-2) which provides that a person does not commit an offense of failure to report if the person lacks reasonable cause to make the report.

C.S.H.B. 3379 amends current law relating to the duty to report child abuse and neglect.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 261.101(a), (b), and (b-1), Family Code, as follows:

(a) Requires a person having reasonable cause to believe, rather than cause to believe, that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person to immediately make a report as provided by Subchapter B (Report of Abuse or Neglect; Immunities).

(b) Makes conforming changes.

(b-1) Makes a conforming change.

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 2021.