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.