1-1 By: Zaffirini S.B. No. 116 1-2 (In the Senate - Filed December 3, 1996; January 14, 1997, 1-3 read first time and referred to Committee on Health and Human 1-4 Services; March 3, 1997, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 10, Nays 0; 1-6 March 3, 1997, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 116 By: Zaffirini 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to investigations of and the offense of failure to report 1-11 alleged abuse, neglect, or exploitation of individuals in certain 1-12 facilities. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Section 261.401, Family Code, is amended to read 1-15 as follows: 1-16 Sec. 261.401. AGENCY INVESTIGATION. (a) A state agency 1-17 that operates, licenses, certifies, or registers a facility in 1-18 which children are located shall make a prompt, thorough 1-19 investigation of a report that a child has been or may be abused, 1-20 exploited, or neglected in the facility. The primary purpose of 1-21 the investigation shall be the protection of the child. 1-22 (b) A state agency shall adopt rules relating to the 1-23 investigation and resolution of reports received as provided by 1-24 this subchapter. 1-25 (c) The definitions of abuse and neglect under Section 1-26 261.001 do not apply to an investigation under this section. A 1-27 state agency shall adopt rules that define abuse and neglect and 1-28 that provide a child located in a facility operated, licensed, 1-29 certified, or registered by the state agency at least as great a 1-30 level of protection from abuse, neglect, or exploitation as 1-31 provided by Section 261.001. 1-32 (d) The Health and Human Services Commission shall review 1-33 and approve the rules to ensure that all agencies implement 1-34 appropriate standards for the conduct of investigations and that 1-35 uniformity exists among agencies in the investigation and 1-36 resolution of reports. 1-37 SECTION 2. Subsections (b), (d), and (e), Section 261.402, 1-38 Family Code, are amended to read as follows: 1-39 (b) A state agency shall immediately notify the appropriate 1-40 state or local law enforcement agency of any report the agency 1-41 receives, other than a report from a law enforcement agency, that 1-42 concerns the suspected abuse, exploitation, or neglect of a child 1-43 or the death of a child from abuse or neglect. If the state agency 1-44 finds evidence indicating that a child may have been abused, 1-45 exploited, or neglected, the agency shall report the evidence to 1-46 the appropriate law enforcement agency. 1-47 (d) A state agency that licenses, certifies, or registers a 1-48 facility in which children are located shall compile, maintain, and 1-49 make available statistics on the incidence of child abuse, 1-50 exploitation, and neglect in the facility. 1-51 (e) A state agency shall compile, maintain, and make 1-52 available statistics on the incidence of child abuse, exploitation, 1-53 and neglect in a facility operated by the state agency. 1-54 SECTION 3. Subsection (b), Section 261.403, Family Code, is 1-55 amended to read as follows: 1-56 (b) The board of a state agency that operates a facility in 1-57 which children are located shall ensure that the procedure for 1-58 investigating abuse, exploitation, and neglect allegations and 1-59 inquiries in the agency's facility is periodically reviewed under 1-60 the agency's internal audit program required by Chapter 2102, 1-61 Government Code. 1-62 SECTION 4. Section 261.404, Family Code, is amended to read 1-63 as follows: 1-64 Sec. 261.404. INVESTIGATIONS IN FACILITIES UNDER DEPARTMENT 2-1 OF MENTAL HEALTH AND MENTAL RETARDATION. (a) The department shall 2-2 investigate a report of abuse, exploitation, or neglect in a 2-3 facility operated by, regulated by, or providing services under a 2-4 contract with the Texas Department of Mental Health and Mental 2-5 Retardation under rules developed jointly between the department 2-6 and the Texas Department of Mental Health and Mental Retardation. 2-7 (b) The definitions of abuse and neglect under Section 2-8 261.001 do not apply to an investigation under this section or 2-9 Chapter 48, Human Resources Code. The Board of Protective and 2-10 Regulatory Services shall adopt rules that define abuse and neglect 2-11 and that provide a child located in a facility operated or 2-12 regulated by, or providing services under a contract with, the 2-13 Texas Department of Mental Health and Mental Retardation at least 2-14 as great a level of protection from abuse, neglect, or exploitation 2-15 as provided by Section 261.001. 2-16 SECTION 5. Subsection (a), Section 48.036, Human Resources 2-17 Code, is amended to read as follows: 2-18 (a) Except as prescribed by Section 48.082, a person having 2-19 reasonable cause to believe that an elderly or disabled person is 2-20 in the state of abuse, exploitation, or neglect shall immediately 2-21 report the information to the department. 2-22 SECTION 6. Subsection (a), Section 48.082, Human Resources 2-23 Code, is amended to read as follows: 2-24 (a) If a person has reasonable cause to believe that an 2-25 elderly or disabled person has been abused, exploited, or neglected 2-26 in a facility operated, licensed, certified, or registered by a 2-27 state agency other than the Texas Department of Mental Health and 2-28 Mental Retardation, the person shall immediately report the 2-29 information to the state agency that operates, licenses, certifies, 2-30 or registers the facility for investigation by that agency. 2-31 SECTION 7. (a) This Act takes effect September 1, 1997. 2-32 (b) A state agency required to adopt rules under this Act 2-33 shall adopt rules not later than December 31, 1997. 2-34 Notwithstanding the change in law made by this Act, the definitions 2-35 of abuse and neglect under Section 261.001, Family Code, apply to 2-36 an investigation until the date the state agency adopts rules under 2-37 this Act. 2-38 (c) The change in law made by this Act applies only to an 2-39 investigation of an allegation of abuse, neglect, or exploitation 2-40 that is initiated on or after January 1, 1998. An investigation 2-41 initiated before that date is governed by the law in effect on the 2-42 date the investigation was initiated, and the former law is 2-43 continued in effect for that purpose. 2-44 (d) The change in law made to Subsection (a), Section 2-45 48.036, and Subsection (a), Section 48.082, Human Resources Code, 2-46 by Sections 5 and 6 of this Act applies only to conduct 2-47 constituting an offense that occurs on or after the effective date 2-48 of this Act. For purposes of this section, conduct that 2-49 constitutes an offense occurs before the effective date of this Act 2-50 if any element of the offense occurs before the effective date. 2-51 (e) Conduct constituting an offense that occurs before the 2-52 effective date of this Act is covered by the law in effect when the 2-53 conduct occurred, and the former law is continued in effect for 2-54 that purpose. 2-55 SECTION 8. The importance of this legislation and the 2-56 crowded condition of the calendars in both houses create an 2-57 emergency and an imperative public necessity that the 2-58 constitutional rule requiring bills to be read on three several 2-59 days in each house be suspended, and this rule is hereby suspended. 2-60 * * * * *