By Madla S.B. No. 664
77R6433 CBH-D
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. Subchapter E, Chapter 261, Family Code, is
1-10 amended by adding Section 261.4005 to read as follows:
1-11 Sec. 261.4005. DEFINITIONS. Notwithstanding Section
1-12 261.001, in this subchapter:
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
2-1 of a facility, including failure to comply with an individual
2-2 treatment plan, that causes or may cause substantial emotional harm
2-3 or physical injury to, or the death of, a child served by the
2-4 facility as further described by rule or policy.
2-5 SECTION 3. Section 261.401, Family Code, is amended by
2-6 amending Subsection (a) and adding Subsection (c) to read as
2-7 follows:
2-8 (a) A state agency that operates, licenses, certifies, or
2-9 registers a facility in which children are located shall make a
2-10 prompt, thorough investigation of a report that a child has been or
2-11 may be abused, [or] neglected, or exploited in the facility. The
2-12 primary purpose of the investigation shall be the protection of the
2-13 child.
2-14 (c) The Texas School for the Blind and Visually Impaired and
2-15 the Texas School for the Deaf shall adopt policies relating to the
2-16 investigation and resolution of reports received as provided by
2-17 this subchapter. The Health and Human Services Commission shall
2-18 review and approve the policies to ensure that the Texas School for
2-19 the Blind and Visually Impaired and the Texas School for the Deaf
2-20 implement those policies in a manner consistent with rules adopted
2-21 by state agencies under Subsection (b).
2-22 SECTION 4. Sections 261.402(b), (d), and (e), Family Code,
2-23 are amended to read as follows:
2-24 (b) A state agency shall immediately notify the appropriate
2-25 state or local law enforcement agency of any report the agency
2-26 receives, other than a report from a law enforcement agency, that
2-27 concerns the suspected abuse, [or] neglect, or exploitation of a
3-1 child or the death of a child from abuse, [or] neglect, or
3-2 exploitation. If the state agency finds evidence indicating that a
3-3 child may have been abused, [or] neglected, or exploited, the
3-4 agency shall report the evidence to the appropriate law enforcement
3-5 agency.
3-6 (c) [(d)] A state agency that licenses, certifies, or
3-7 registers a facility in which children are located shall compile,
3-8 maintain, and make available statistics on the incidence of child
3-9 abuse, [and] neglect, and exploitation in the facility.
3-10 (d) [(e)] A state agency shall compile, maintain, and make
3-11 available statistics on the incidence of child abuse, [and]
3-12 neglect, and exploitation in a facility operated by the state
3-13 agency.
3-14 SECTION 5. Section 261.403(b), Family Code, is amended to
3-15 read as follows:
3-16 (b) The board of a state agency that operates a facility in
3-17 which children are located shall ensure that the procedure for
3-18 investigating abuse, [and] neglect, and exploitation allegations
3-19 and inquiries in the agency's facility is periodically reviewed
3-20 under the agency's internal audit program required by Chapter 2102,
3-21 Government Code.
3-22 SECTION 6. Subchapter E, Chapter 261, Family Code, is
3-23 amended by adding Sections 261.407 and 261.408 to read as follows:
3-24 Sec. 261.407. MINIMUM STANDARDS. (a) The Health and Human
3-25 Services Commission by rule shall adopt minimum standards for the
3-26 investigation under this subchapter of suspected child abuse,
3-27 neglect, or exploitation in a facility.
4-1 (b) A rule or policy adopted by a state agency or
4-2 institution under this subchapter must be consistent with the
4-3 minimum standards adopted by the Health and Human Services
4-4 Commission.
4-5 Sec. 261.408. INFORMATION COLLECTION. (a) The Health and
4-6 Human Services Commission by rule shall adopt uniform procedures
4-7 for collecting information under this subchapter, including
4-8 procedures for collecting information on deaths that occur in
4-9 facilities.
4-10 (b) The department shall receive and compile information on
4-11 investigations in facilities. An agency submitting information to
4-12 the department is responsible for ensuring the timeliness,
4-13 accuracy, completeness, and retention of the agency's reports.
4-14 SECTION 7. Section 48.301, Human Resources Code, is amended
4-15 by adding Subsections (f) and (g) to read as follows:
4-16 (f) The Health and Human Services Commission by rule shall
4-17 adopt minimum standards for the investigation of suspected abuse,
4-18 neglect, or exploitation of an elderly or disabled person under
4-19 this section.
4-20 (g) A rule or policy adopted by a state agency or
4-21 institution under Subsection (c) must be consistent with the
4-22 minimum standards adopted by the Health and Human Services
4-23 Commission.
4-24 SECTION 8. Section 261.404(c), Family Code, is repealed.
4-25 SECTION 9. This Act takes effect September 1, 2001.