CLC S.B. 116 75(R)BILL ANALYSIS


HUMAN SERVICES
S.B. 116
By: Zaffirini (Naishtat)
5-16-97
Committee Report (Unamended)

BACKGROUND 

In 1996, the Texas Department of Mental Health and Mental Retardation
experienced an increase in the number of investigations of abuse and
neglect.  This increase was due in part to the fact that the Family Code's
definitions of abuse, neglect, and exploitation have hampered certain
investigative processes among all the health and human services agencies.
S.B. 116 allows the agencies to define abuse, neglect, and exploitation
through rules that make these definitions as strong or stronger than those
contained in the Family Code. 

PURPOSE

As proposed, C.S.S.B. 116 requires a state agency that operates, licenses,
certifies, or registers a facility in which individuals are located to
adopt definitions of abuse, neglect, or exploitation as strong or stronger
than those contained in the Family Code. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to a state agency that operates, licenses,
certifies, or registers a facility in which children are located in
SECTIONS 1 and 4 (Sections 261.401(c) and 261.404(b), Family Code) and to
the Board of Protective and Regulatory Services in SECTION 4 (Section
261.404(b), Family Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 261.401, Family Code, to require a state agency
that operates, licenses, certifies, or registers a facility in which
children are located to investigate a report that a child has been abused,
exploited, or neglected in the facility.  Provides the definitions of
abuse and neglect under Section 261.001 do not apply to an investigation
under this section.  Requires a state agency to adopt rules that define
abuse and neglect and that provide a child located in a facility operated,
licensed, certified, or registered by the state agency at least as great a
level of protection from abuse, neglect, or exploitation as provided by
Section 261.001. 

SECTION 2. Amends Sections 261.402(b), (d), and (e), Family Code, to make
conforming changes. 

SECTION 3. Amends Section 261.403(b), Family Code, to make a conforming
change. 

SECTION 4. Amends Section 261.404, Family Code, to provide that the
definitions of abuse and neglect under Section 261.001 do not apply to an
investigation under this section or Chapter 48, Human Resource Code.
Requires the Board of Protective and Regulatory Services to adopt rules
that define abuse and neglect and that provide a child located in a
facility operated or regulated by, or providing services under a contract
with, the Texas Department of Mental Health and Mental Retardation at
least as great a level of protection from abuse, neglect, or exploitation
as provided by Section 261.001.  Makes conforming changes. 

SECTION 5. Amends Section 48.036(a), Human Resources Code, to require a
person who believes that an elderly or disabled person is in the state of
abuse, exploitation, or neglect to immediately report the information to
the Department of Protective and Regulatory Services. 

SECTION 6. Amends Section 48.082(a), Human Resources Code, to make a
conforming change. 
 
SECTION 7. (a)  Effective date:  September 1, 1997.

(b)  Requires a state agency required to adopt rules under this Act to
adopt rules not later than December 31, 1997.  Provides that the
definitions of abuse and neglect under Section 261.001, Family Code, apply
to an investigation until the date the state agency adopts rules under
this Act.   

(c)  Provides that the change in law made by this Act applies only to an
investigation of an allegation of abuse, neglect, or exploitation that is
initiated prospective to January 1, 1998. Makes application of this Act
prospective. 

(d)  Makes application of SECTIONS 5 and 6 of this Act prospective.

(e)  Makes application of this Act prospective.

SECTION 8. Emergency clause.