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A BILL TO BE ENTITLED
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AN ACT
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relating to the duty to report child abuse and neglect. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.101, Family Code, is amended by |
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amending Subsections (a), (b), and (b-1) and adding Subsection |
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(b-2) to read as follows: |
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(a) A person having reasonable cause to believe that a |
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child's physical or mental health or welfare has been adversely |
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affected by abuse or neglect by any person shall immediately make a |
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report as provided by this subchapter. |
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(b) If a professional has reasonable cause to believe that a |
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child has been abused or neglected or may be abused or neglected, or |
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that a child is a victim of an offense under Section 21.11, Penal |
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Code, and the professional has reasonable cause to believe that the |
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child has been abused as defined by Section 261.001, the |
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professional shall make a report not later than the 48th hour after |
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the hour the professional first has reasonable cause to believe |
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[suspects] that the child has been or may be abused or neglected or |
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is a victim of an offense under Section 21.11, Penal Code. A |
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professional may not delegate to or rely on another person to make |
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the report. In this subsection, "professional" means an individual |
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who is licensed or certified by the state or who is an employee of a |
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facility licensed, certified, or operated by the state and who, in |
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the normal course of official duties or duties for which a license |
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or certification is required, has direct contact with children. |
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The term includes teachers, nurses, doctors, day-care employees, |
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employees of a clinic or health care facility that provides |
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reproductive services, juvenile probation officers, and juvenile |
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detention or correctional officers. |
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(b-1) In addition to the duty to make a report under |
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Subsection (a) or (b), a person or professional shall make a report |
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in the manner required by Subsection (a) or (b), as applicable, if |
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the person or professional has reasonable cause to believe that an |
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adult was a victim of abuse or neglect as a child and the person or |
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professional determines in good faith that disclosure of the |
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information is necessary to protect the health and safety of: |
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(1) another child; or |
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(2) an elderly person or person with a disability as |
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defined by Section 48.002, Human Resources Code. |
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(b-2) A person who with due diligence in good faith timely |
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determines whether the person is required to make a report under |
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this section does not commit an offense under Section 261.109(a) or |
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(a-1) if the person reasonably determines the person lacks |
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reasonable cause to make the report. This subsection does not |
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require the person to act with due diligence to determine whether a |
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report must be made under this section. |
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SECTION 2. The changes in law made by this Act apply only to |
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a report of suspected abuse or neglect of a child that is made on or |
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after the effective date of this Act. A report of suspected abuse |
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or neglect that is made before that date is governed by the law in |
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effect on the date the report was made, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |