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A BILL TO BE ENTITLED
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AN ACT
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relating to reports of child abuse or neglect and certain |
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preliminary investigations of those reports. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.104, Family Code, is amended to read |
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as follows: |
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Sec. 261.104. CONTENTS OF REPORT; NOTICE. (a) The |
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individual [person] making a report shall identify, if known: |
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(1) the name and address of the child; |
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(2) the name and address of the person responsible for |
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the care, custody, or welfare of the child; [and] |
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(3) the facts that caused the individual to believe |
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the child has been abused or neglected and the source of the |
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information; |
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(4) the individual's name and telephone number; |
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(5) the individual's: |
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(A) home address; or |
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(B) if the individual is a professional as |
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defined by Section 261.101(b), the individual's business address |
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and profession; and |
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(6) any other pertinent information concerning the |
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alleged or suspected abuse or neglect. |
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(b) If the individual making a report of child abuse or |
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neglect uses the toll-free telephone number the department operates |
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for reporting child abuse or neglect and the individual is |
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unwilling to provide the information described by Subsection |
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(a)(4), the department representative receiving the report shall |
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notify the individual that: |
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(1) the department is not authorized to accept an |
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anonymous report of abuse or neglect; |
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(2) the individual may report the abuse or neglect by |
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calling 9-1-1 or making a report to any local or state law |
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enforcement agency; and |
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(3) the identity of an individual making a report |
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under this subchapter is confidential and may be disclosed only: |
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(A) as provided by Section 261.201; or |
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(B) to a law enforcement officer for the purposes |
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of conducting a criminal investigation of the report. |
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(c) The department representative or other person receiving |
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a report of child abuse or neglect shall use the person's best |
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efforts to obtain the information described by Subsection (a). |
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(d) If a report of abuse or neglect is made orally, the |
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department representative or other person receiving the report |
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shall: |
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(1) notify the individual making the report that: |
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(A) the report is being recorded; and |
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(B) making a false report is a criminal offense |
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under Section 261.107 punishable as a state jail felony or a third |
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degree felony; and |
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(2) make an audio recording of the report. |
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SECTION 2. Section 261.304, Family Code, is amended to read |
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as follows: |
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Sec. 261.304. PRELIMINARY INVESTIGATION OF ANONYMOUS |
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REPORT. (a) If an individual makes [the department receives] an |
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anonymous report of child abuse or neglect by a person responsible |
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for a child's care, custody, or welfare to a 9-1-1 service or a |
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local or state law enforcement agency and the service or agency |
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refers the report to the department, the department shall conduct a |
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preliminary investigation to determine whether there is any |
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evidence to corroborate the report. A law enforcement officer may |
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not accompany the department representative on a visit to the |
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child's home during any preliminary investigation conducted under |
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this section. |
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(b) A preliminary [An] investigation conducted under this |
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section may include: |
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(1) a visit to the child's home, unless the alleged |
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abuse or neglect is [can be] confirmed or clearly ruled out without |
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a home visit; |
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(2) [,] an interview with and examination of the |
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child; |
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(3) [, and] an interview with the child's parents; and |
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(4) an [. In addition, the department may] interview |
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with any other person the department believes may have relevant |
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information, if the person voluntarily consents to the interview |
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without any coercion or undue influence. |
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(b-1) When conducting a preliminary investigation under |
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this section, the department representative may not: |
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(1) enter the child's home without the homeowner's |
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consent; |
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(2) interview the child or the child's parents or |
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examine the child unless the representative obtains written consent |
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for the interview or examination from the child's parents; or |
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(3) threaten or coerce a parent to consent to an |
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interview or examination under this section, including by notifying |
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the parents that law enforcement will be called if the parents fail |
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to cooperate with the investigation. |
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(b-2) When interviewing or examining a child under this |
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section, the department representative may not separate the child |
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from the child's parents. An examination of a child under this |
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section may only be visual. The representative may not touch or |
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disrobe the child when conducting the examination. |
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(c) Unless the department determines that there is |
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sufficient [some] evidence to corroborate the report of abuse, the |
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department may not conduct the thorough investigation required by |
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this chapter or take any action against the person accused of abuse. |
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SECTION 3. This Act takes effect September 1, 2023. |