1-1 By: Madla S.B. No. 664
1-2 (In the Senate - Filed February 12, 2001; February 13, 2001,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; March 5, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 8, Nays 0;
1-6 March 5, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 664 By: Madla
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the investigation of abuse, neglect, or exploitation of
1-11 persons in certain facilities.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. The heading to Subchapter E, Chapter 261, Family
1-14 Code, is amended to read as follows:
1-15 SUBCHAPTER E. INVESTIGATIONS OF ABUSE, [OR] NEGLECT, OR
1-16 EXPLOITATION IN CERTAIN FACILITIES
1-17 SECTION 2. Section 261.401, Family Code, is amended to read
1-18 as follows:
1-19 Sec. 261.401. AGENCY INVESTIGATION. (a) Notwithstanding
1-20 Section 261.001, in this section:
1-21 (1) "Abuse" means an intentional, knowing, or reckless
1-22 act or omission by an employee, volunteer, or other individual
1-23 working under the auspices of a facility that causes or may cause
1-24 emotional harm or physical injury to, or the death of, a child
1-25 served by the facility as further described by rule or policy.
1-26 (2) "Exploitation" means the illegal or improper use
1-27 of a child or of the resources of a child for monetary or personal
1-28 benefit, profit, or gain by an employee, volunteer, or other
1-29 individual working under the auspices of a facility as further
1-30 described by rule or policy.
1-31 (3) "Neglect" means a negligent act or omission by an
1-32 employee, volunteer, or other individual working under the auspices
1-33 of a facility, including failure to comply with an individual
1-34 treatment plan, plan of care, or individualized service plan, that
1-35 causes or may cause substantial emotional harm or physical injury
1-36 to, or the death of, a child served by the facility as further
1-37 described by rule or policy.
1-38 (b) A state agency that operates, licenses, certifies, or
1-39 registers a facility in which children are located shall make a
1-40 prompt, thorough investigation of a report that a child has been or
1-41 may be abused, [or] neglected, or exploited in the facility. The
1-42 primary purpose of the investigation shall be the protection of the
1-43 child.
1-44 (c) [(b)] A state agency shall adopt rules relating to the
1-45 investigation and resolution of reports received as provided by
1-46 this subchapter. The Health and Human Services Commission shall
1-47 review and approve the rules to ensure that all agencies implement
1-48 appropriate standards for the conduct of investigations and that
1-49 uniformity exists among agencies in the investigation and
1-50 resolution of reports.
1-51 (d) The Texas School for the Blind and Visually Impaired and
1-52 the Texas School for the Deaf shall adopt policies relating to the
1-53 investigation and resolution of reports received as provided by
1-54 this subchapter. The Health and Human Services Commission shall
1-55 review and approve the policies to ensure that the Texas School for
1-56 the Blind and Visually Impaired and the Texas School for the Deaf
1-57 adopt those policies in a manner consistent with the minimum
1-58 standards adopted by the Health and Human Services Commission under
1-59 Section 261.407.
1-60 SECTION 3. Subsections (b), (d), and (e), Section 261.402,
1-61 Family Code, are amended to read as follows:
1-62 (b) A state agency shall immediately notify the appropriate
1-63 state or local law enforcement agency of any report the agency
1-64 receives, other than a report from a law enforcement agency, that
2-1 concerns the suspected abuse, [or] neglect, or exploitation of a
2-2 child or the death of a child from abuse or neglect. If the state
2-3 agency finds evidence indicating that a child may have been abused,
2-4 [or] neglected, or exploited, the agency shall report the evidence
2-5 to the appropriate law enforcement agency.
2-6 (c) [(d)] A state agency that licenses, certifies, or
2-7 registers a facility in which children are located shall compile,
2-8 maintain, and make available statistics on the incidence of child
2-9 abuse, [and] neglect, and exploitation in the facility.
2-10 (d) [(e)] A state agency shall compile, maintain, and make
2-11 available statistics on the incidence of child abuse, [and]
2-12 neglect, and exploitation in a facility operated by the state
2-13 agency.
2-14 SECTION 4. Subsection (b), Section 261.403, Family Code, is
2-15 amended to read as follows:
2-16 (b) The board of a state agency that operates a facility in
2-17 which children are located shall ensure that the procedure for
2-18 investigating abuse, [and] neglect, and exploitation allegations
2-19 and inquiries in the agency's facility is periodically reviewed
2-20 under the agency's internal audit program required by Chapter 2102,
2-21 Government Code.
2-22 SECTION 5. Subchapter E, Chapter 261, Family Code, is
2-23 amended by adding Sections 261.407 and 261.408 to read as follows:
2-24 Sec. 261.407. MINIMUM STANDARDS. (a) The Health and Human
2-25 Services Commission by rule shall adopt minimum standards for the
2-26 investigation under Section 261.401 of suspected child abuse,
2-27 neglect, or exploitation in a facility.
2-28 (b) A rule or policy adopted by a state agency or
2-29 institution under Section 261.401 must be consistent with the
2-30 minimum standards adopted by the Health and Human Services
2-31 Commission.
2-32 Sec. 261.408. INFORMATION COLLECTION. (a) The Health and
2-33 Human Services Commission by rule shall adopt uniform procedures
2-34 for collecting information under Section 261.401, including
2-35 procedures for collecting information on deaths that occur in
2-36 facilities.
2-37 (b) The department shall receive and compile information on
2-38 investigations in facilities. An agency submitting information to
2-39 the department is responsible for ensuring the timeliness,
2-40 accuracy, completeness, and retention of the agency's reports.
2-41 SECTION 6. Section 48.301, Human Resources Code, is amended
2-42 by adding Subsections (f) and (g) to read as follows:
2-43 (f) The Health and Human Services Commission by rule shall
2-44 adopt minimum standards for the investigation of suspected abuse,
2-45 neglect, or exploitation of an elderly or disabled person under
2-46 this section.
2-47 (g) A rule or policy adopted by a state agency or
2-48 institution under Subsection (c) must be consistent with the
2-49 minimum standards adopted by the Health and Human Services
2-50 Commission.
2-51 SECTION 7. This Act takes effect September 1, 2001.
2-52 * * * * *