By: Brady H.B. No. 2390
73R3564 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to reports of suspected child abuse or neglect.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 34.02(d), Family Code, is amended to read
1-5 as follows:
1-6 (d) An oral report shall be made immediately on learning of
1-7 the abuse or neglect, or likelihood of abuse or neglect, as
1-8 prescribed in Subsection (a) of this section. If a professional
1-9 has cause to believe that a child has been or may be abused or
1-10 neglected, the professional shall make an oral report as prescribed
1-11 by Subsection (a) of this section not later than the 48th hour
1-12 after the hour the professional first suspects that the child has
1-13 been or may be abused or neglected. <In all instances a written
1-14 report shall be made within five days to the same agency or
1-15 department.> Anonymous reports, while not encouraged, will be
1-16 received and acted on as prescribed by Section 34.053 of this code.
1-17 In this subsection, "professional" means an individual who is
1-18 licensed or certified by the state, or who is an employee of a
1-19 facility licensed, certified, or operated by the state, and who in
1-20 the normal course of official duties, or duties for which a license
1-21 or certification is required, has direct contact with children.
1-22 "Professional" includes teachers, nurses, doctors, and day-care
1-23 employees.
1-24 SECTION 2. Section 34.05(a), Family Code, is amended to read
2-1 as follows:
2-2 (a) Unless the report alleges that the abuse or neglect
2-3 occurred in a facility operated, licensed, certified, or registered
2-4 by another state agency, the Texas Department of Human Services or
2-5 the agency designated by the court to be responsible for the
2-6 protection of children shall make a thorough investigation promptly
2-7 after receiving <either> the <oral or written> report of child
2-8 abuse or neglect by a person responsible for a child's care,
2-9 custody, or welfare. If the report is anonymous, the department
2-10 shall make the investigation after determining that there is some
2-11 evidence to corroborate the report as prescribed by Section 34.053
2-12 of this code. If the report alleges that the abuse or neglect
2-13 occurred in a facility operated, licensed, certified, or registered
2-14 by another state agency, that agency shall investigate the report
2-15 as prescribed by Subchapter B of this chapter. If the report
2-16 alleges child abuse or neglect in a location other than a facility
2-17 operated, licensed, certified, or registered by a state agency and
2-18 by a person other than a person responsible for a child's care,
2-19 custody, or welfare, the department is not required to investigate
2-20 the report. The appropriate state or local law enforcement agency
2-21 shall investigate that report if that agency determines an
2-22 investigation should be conducted. The department may assign
2-23 priorities to investigations based on the severity and immediacy of
2-24 the alleged harm to the child. If the department establishes a
2-25 priority system, the department shall adopt the system by rule.
2-26 The primary purpose of the investigation shall be the protection of
2-27 the child.
3-1 SECTION 3. Section 34.08, Family Code, is amended by adding
3-2 Subsection (d) to read as follows:
3-3 (d) A report of suspected child abuse or neglect made under
3-4 this chapter is confidential. Any information contained in the
3-5 report, including the name of the person making the report, may be
3-6 disclosed only for a purpose consistent with an investigation of
3-7 child abuse or neglect made under this chapter.
3-8 SECTION 4. Section 34.011, Family Code, is repealed.
3-9 SECTION 5. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended,
3-14 and that this Act take effect and be in force from and after its
3-15 passage, and it is so enacted.