By:  Madla                                             S.B. No. 664
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the investigation of abuse, neglect, or exploitation of
 1-3     persons in certain facilities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  The heading to Subchapter E, Chapter 261, Family
 1-6     Code, is amended to read as follows:
 1-7          SUBCHAPTER E.  INVESTIGATIONS OF ABUSE, [OR] NEGLECT, OR
 1-8                     EXPLOITATION IN CERTAIN FACILITIES
 1-9           SECTION 2.  Section 261.401, Family Code, is amended to read
1-10     as follows:
1-11           Sec. 261.401.  AGENCY INVESTIGATION.  (a)  Notwithstanding
1-12     Section 261.001, in this section:
1-13                 (1)  "Abuse" means an intentional, knowing, or reckless
1-14     act or omission by an employee, volunteer, or other individual
1-15     working under the auspices of a facility that causes or may cause
1-16     emotional harm or physical injury to, or the death of, a child
1-17     served by the facility as further described by rule or policy.
1-18                 (2)  "Exploitation" means the illegal or improper use
1-19     of a child or of the resources of a child for monetary or personal
1-20     benefit, profit, or gain by an employee, volunteer, or other
1-21     individual working under the auspices of a facility as further
1-22     described by rule or policy.
1-23                 (3)  "Neglect" means a negligent act or omission by an
1-24     employee, volunteer, or other individual working under the auspices
1-25     of a facility, including failure to comply with an individual
 2-1     treatment plan, plan of care, or individualized service plan, that
 2-2     causes or may cause substantial emotional harm or physical injury
 2-3     to, or the death of, a child served by the facility as further
 2-4     described by rule or policy.
 2-5           (b)  A state agency that operates, licenses, certifies, or
 2-6     registers a facility in which children are located shall make a
 2-7     prompt, thorough investigation of a report that a child has been or
 2-8     may be abused, [or] neglected, or exploited in the facility.  The
 2-9     primary purpose of the investigation shall be the protection of the
2-10     child.
2-11           (c) [(b)]  A state agency shall adopt rules relating to the
2-12     investigation and resolution of reports received as provided by
2-13     this subchapter.  The Health and Human Services Commission shall
2-14     review and approve the rules of agencies other than the Texas Youth
2-15     Commission to ensure that those [all] agencies implement
2-16     appropriate standards for the conduct of investigations and that
2-17     uniformity exists among agencies in the investigation and
2-18     resolution of reports.
2-19           (d)  The Texas School for the Blind and Visually Impaired and
2-20     the Texas School for the Deaf shall adopt policies relating to the
2-21     investigation and resolution of reports received as provided by
2-22     this subchapter.  The Health and Human Services Commission shall
2-23     review and approve the policies to ensure that the Texas School for
2-24     the Blind and Visually Impaired and the Texas School for the Deaf
2-25     adopt those policies in a manner consistent with the minimum
2-26     standards adopted by the Health and Human Services Commission under
 3-1     Section 261.407.
 3-2           SECTION 3.  Subsections (b), (d), and (e), Section 261.402,
 3-3     Family Code, are amended to read as follows:
 3-4           (b)  A state agency shall immediately notify the appropriate
 3-5     state or local law enforcement agency of any report the agency
 3-6     receives, other than a report from a law enforcement agency, that
 3-7     concerns the suspected abuse, [or] neglect, or exploitation of a
 3-8     child or the death of a child from abuse or neglect.  If the state
 3-9     agency finds evidence indicating that a child may have been abused,
3-10     [or] neglected, or exploited, the agency shall report the evidence
3-11     to the appropriate law enforcement agency.
3-12           (c) [(d)]  A state agency that licenses, certifies, or
3-13     registers a facility in which children are located shall compile,
3-14     maintain, and make available statistics on the incidence of child
3-15     abuse, [and] neglect, and exploitation in the facility.
3-16           (d) [(e)]  A state agency shall compile, maintain, and make
3-17     available statistics on the incidence of child abuse, [and]
3-18     neglect, and exploitation in a facility operated by the state
3-19     agency.
3-20           SECTION 4.  Subsection (b), Section 261.403, Family Code, is
3-21     amended to read as follows:
3-22           (b)  The board of a state agency that operates a facility in
3-23     which children are located shall ensure that the procedure for
3-24     investigating abuse, [and] neglect, and exploitation allegations
3-25     and inquiries in the agency's facility is periodically reviewed
3-26     under the agency's internal audit program required by Chapter 2102,
 4-1     Government Code.
 4-2           SECTION 5.  Subchapter E, Chapter 261, Family Code, is
 4-3     amended by adding Sections 261.407 and 261.408 to read as follows:
 4-4           Sec. 261.407.  MINIMUM STANDARDS.  (a)  The Health and Human
 4-5     Services Commission by rule shall adopt minimum standards for the
 4-6     investigation under Section 261.401 of suspected child abuse,
 4-7     neglect, or exploitation in a facility.
 4-8           (b)  A rule or policy adopted by a state agency or
 4-9     institution under Section 261.401 must be consistent with the
4-10     minimum standards adopted by the Health and Human Services
4-11     Commission.
4-12           (c)  This section does not apply to a facility under the
4-13     jurisdiction of the Texas Youth Commission.
4-14           Sec. 261.408.  INFORMATION COLLECTION.  (a)  The Health and
4-15     Human Services Commission by rule shall adopt uniform procedures
4-16     for collecting information under Section 261.401, including
4-17     procedures for collecting information on deaths that occur in
4-18     facilities.
4-19           (b)  The department shall receive and compile information on
4-20     investigations in facilities.  An agency submitting information to
4-21     the department is responsible for ensuring the timeliness,
4-22     accuracy, completeness, and retention of the agency's reports.
4-23           (c)  This section does not apply to a facility under the
4-24     jurisdiction of the Texas Youth Commission.
4-25           SECTION 6.  Subchapter E, Chapter 261, Family Code, is
4-26     amended by adding Section 261.409 to read as follows:
 5-1           Sec. 261.409.  INVESTIGATIONS IN FACILITIES UNDER TEXAS YOUTH
 5-2     COMMISSION JURISDICTION.  The board of the Texas Youth Commission
 5-3     by rule shall adopt standards for:
 5-4                 (1)  the investigation under Section 261.401 of
 5-5     suspected child abuse, neglect, or exploitation in a facility under
 5-6     the jurisdiction of the Texas Youth Commission; and
 5-7                 (2)  compiling information on those investigations.
 5-8           SECTION 7.  Section 48.301, Human Resources Code, is amended
 5-9     by adding Subsections (f) and (g) to read as follows:
5-10           (f)  The Health and Human Services Commission by rule shall
5-11     adopt minimum standards for the investigation of suspected abuse,
5-12     neglect, or exploitation of an elderly or disabled person under
5-13     this section.
5-14           (g)  A rule or policy adopted by a state agency or
5-15     institution under Subsection (c) must be consistent with the
5-16     minimum standards adopted by the Health and Human Services
5-17     Commission.
5-18           SECTION 8.  This Act takes effect September 1, 2001.