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.