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
2-15 Department of Criminal Justice, Texas Youth Commission, or Texas
2-16 Juvenile Probation Commission to ensure that those [all] agencies
2-17 implement appropriate standards for the conduct of investigations
2-18 and that uniformity exists among agencies in the investigation and
2-19 resolution of reports.
2-20 (d) The Texas School for the Blind and Visually Impaired and
2-21 the Texas School for the Deaf shall adopt policies relating to the
2-22 investigation and resolution of reports received as provided by
2-23 this subchapter. The Health and Human Services Commission shall
2-24 review and approve the policies to ensure that the Texas School for
2-25 the Blind and Visually Impaired and the Texas School for the Deaf
2-26 adopt those policies in a manner consistent with the minimum
3-1 standards adopted by the Health and Human Services Commission under
3-2 Section 261.407.
3-3 SECTION 3. Subsections (b), (d), and (e), Section 261.402,
3-4 Family Code, are amended to read as follows:
3-5 (b) A state agency shall immediately notify the appropriate
3-6 state or local law enforcement agency of any report the agency
3-7 receives, other than a report from a law enforcement agency, that
3-8 concerns the suspected abuse, [or] neglect, or exploitation of a
3-9 child or the death of a child from abuse or neglect. If the state
3-10 agency finds evidence indicating that a child may have been abused,
3-11 [or] neglected, or exploited, the agency shall report the evidence
3-12 to the appropriate law enforcement agency.
3-13 (c) [(d)] A state agency that licenses, certifies, or
3-14 registers a facility in which children are located shall compile,
3-15 maintain, and make available statistics on the incidence of child
3-16 abuse, [and] neglect, and exploitation in the facility.
3-17 (d) [(e)] A state agency shall compile, maintain, and make
3-18 available statistics on the incidence of child abuse, [and]
3-19 neglect, and exploitation in a facility operated by the state
3-20 agency.
3-21 SECTION 4. Subsection (b), Section 261.403, Family Code, is
3-22 amended to read as follows:
3-23 (b) The board of a state agency that operates a facility in
3-24 which children are located shall ensure that the procedure for
3-25 investigating abuse, [and] neglect, and exploitation allegations
3-26 and inquiries in the agency's facility is periodically reviewed
4-1 under the agency's internal audit program required by Chapter 2102,
4-2 Government Code.
4-3 SECTION 5. Subchapter E, Chapter 261, Family Code, is
4-4 amended by adding Sections 261.407 and 261.408 to read as follows:
4-5 Sec. 261.407. MINIMUM STANDARDS. (a) The Health and Human
4-6 Services Commission by rule shall adopt minimum standards for the
4-7 investigation under Section 261.401 of suspected child abuse,
4-8 neglect, or exploitation in a facility.
4-9 (b) A rule or policy adopted by a state agency or
4-10 institution under Section 261.401 must be consistent with the
4-11 minimum standards adopted by the Health and Human Services
4-12 Commission.
4-13 (c) This section does not apply to a facility under the
4-14 jurisdiction of the Texas Department of Criminal Justice, Texas
4-15 Youth Commission, or Texas Juvenile Probation Commission.
4-16 Sec. 261.408. INFORMATION COLLECTION. (a) The Health and
4-17 Human Services Commission by rule shall adopt uniform procedures
4-18 for collecting information under Section 261.401, including
4-19 procedures for collecting information on deaths that occur in
4-20 facilities.
4-21 (b) The department shall receive and compile information on
4-22 investigations in facilities. An agency submitting information to
4-23 the department is responsible for ensuring the timeliness,
4-24 accuracy, completeness, and retention of the agency's reports.
4-25 (c) This section does not apply to a facility under the
4-26 jurisdiction of the Texas Department of Criminal Justice, Texas
5-1 Youth Commission, or Texas Juvenile Probation Commission.
5-2 SECTION 6. Subchapter E, Chapter 261, Family Code, is
5-3 amended by adding Section 261.409 to read as follows:
5-4 Sec. 261.409. INVESTIGATIONS IN FACILITIES UNDER TEXAS YOUTH
5-5 COMMISSION JURISDICTION. The board of the Texas Youth Commission
5-6 by rule shall adopt standards for:
5-7 (1) the investigation under Section 261.401 of
5-8 suspected child abuse, neglect, or exploitation in a facility under
5-9 the jurisdiction of the Texas Youth Commission; and
5-10 (2) compiling information on those investigations.
5-11 SECTION 7. Section 48.301, Human Resources Code, is amended
5-12 by adding Subsections (f) and (g) to read as follows:
5-13 (f) The Health and Human Services Commission by rule shall
5-14 adopt minimum standards for the investigation of suspected abuse,
5-15 neglect, or exploitation of an elderly or disabled person under
5-16 this section.
5-17 (g) A rule or policy adopted by a state agency or
5-18 institution under Subsection (c) must be consistent with the
5-19 minimum standards adopted by the Health and Human Services
5-20 Commission.
5-21 SECTION 8. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 664 passed the Senate on
March 7, 2001, by a viva-voce vote; and that the Senate concurred
in House amendment on May 14, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 664 passed the House, with
amendment, on May 8, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor