By Zaffirini                                     S.B. No. 117

      75R691 CLG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the definitions of "abuse" and "neglect" for purposes

 1-3     of investigations concerning children in certain facilities.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Sections 261.001(1) and (4), Family Code, are

 1-6     amended to read as follows:

 1-7                 (1)  "Abuse" as the term applies to a child who is not

 1-8     receiving services in a facility operated by, regulated by, or

 1-9     providing services to the child under a contract with the Texas

1-10     Department of Mental Health and Mental Retardation includes the

1-11     following acts or omissions by a person:

1-12                       (A)  mental or emotional injury to a child that

1-13     results in an observable and material impairment in the child's

1-14     growth, development, or psychological functioning;

1-15                       (B)  causing or permitting the child to be in a

1-16     situation in which the child sustains a mental or emotional injury

1-17     that results in an observable and material impairment in the

1-18     child's growth, development, or psychological functioning;

1-19                       (C)  physical injury that results in substantial

1-20     harm to the child, or the genuine threat of substantial harm from

1-21     physical injury to the child, including an injury that is at

1-22     variance with the history or explanation given and excluding an

1-23     accident or reasonable discipline by a parent, guardian, or

1-24     managing or possessory conservator that does not expose the child

 2-1     to a substantial risk of harm;

 2-2                       (D)  failure to make a reasonable effort to

 2-3     prevent an action by another person that results in physical injury

 2-4     that results in substantial harm to the child;

 2-5                       (E)  sexual conduct harmful to a child's mental,

 2-6     emotional, or physical welfare;

 2-7                       (F)  failure to make a reasonable effort to

 2-8     prevent sexual conduct harmful to a child;

 2-9                       (G)  compelling or encouraging the child to

2-10     engage in sexual conduct as defined by Section 43.01, Penal Code;

2-11     or

2-12                       (H)  causing, permitting, encouraging, engaging

2-13     in, or allowing the photographing, filming, or depicting of the

2-14     child if the person knew or should have known that the resulting

2-15     photograph, film, or depiction of the child is obscene as defined

2-16     by Section 43.21, Penal Code, or pornographic.

2-17                 (4)  "Neglect" as the term applies to a child who is

2-18     not receiving services in a facility operated by, regulated by, or

2-19     providing services to the child under a contract with the Texas

2-20     Department of Mental Health and Mental Retardation includes:

2-21                       (A)  the leaving of a child in a situation where

2-22     the child would be exposed to a substantial risk of physical or

2-23     mental harm, without arranging for necessary care for the child,

2-24     and the demonstration of an intent not to return by a parent,

2-25     guardian, or managing or possessory conservator of the child;

2-26                       (B)  the following acts or omissions by a person:

2-27                             (i)  placing a child in or failing to

 3-1     remove a child from a situation that a reasonable person would

 3-2     realize requires judgment or actions beyond the child's level of

 3-3     maturity, physical condition, or mental abilities and that results

 3-4     in bodily injury or a substantial risk of immediate harm to the

 3-5     child;

 3-6                             (ii)  failing to seek, obtain, or follow

 3-7     through with medical care for a child, with the failure resulting

 3-8     in or presenting a substantial risk of death, disfigurement, or

 3-9     bodily injury or with the failure resulting in an observable and

3-10     material impairment to the growth, development, or functioning of

3-11     the child;

3-12                             (iii)  the failure to provide a child with

3-13     food, clothing, or shelter necessary to sustain the life or health

3-14     of the child, excluding failure caused primarily by financial

3-15     inability unless relief services had been offered and refused; or

3-16                             (iv)  placing a child in or failing to

3-17     remove the child from a situation in which the child would be

3-18     exposed to a substantial risk of sexual conduct harmful to the

3-19     child; or

3-20                       (C)  the failure by the person responsible for a

3-21     child's care, custody, or welfare to permit the child to return to

3-22     the child's home without arranging for the necessary care for the

3-23     child after the child has been absent from the home for any reason,

3-24     including having been in residential placement or having run away.

3-25           SECTION 2.  (a)  This Act takes effect September 1, 1997.

3-26           (b)  The change in law made by this Act applies only to an

3-27     investigation of an allegation of abuse or neglect of a child that

 4-1     is initiated on or after the effective date of this Act.  An

 4-2     investigation that is initiated before the effective date of this

 4-3     Act is governed by the law in effect on the date the investigation

 4-4     was initiated, and the former law is continued in effect for that

 4-5     purpose.

 4-6           SECTION 3.  The importance of this legislation and the

 4-7     crowded condition of the calendars in both houses create an

 4-8     emergency and an imperative public necessity that the

 4-9     constitutional rule requiring bills to be read on three several

4-10     days in each house be suspended, and this rule is hereby suspended.