79R7579 JMM-F

By:  Raymond                                                      H.B. No. 1970



A BILL TO BE ENTITLED

AN ACT

relating to reports and investigations of child abuse and neglect.            
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 261.103, Family Code, is amended by 
amending Subsection (a) and adding Subsection (c) to read as 
follows:
	(a)  Except as provided by Subsections [Subsection] (b) and 
(c) and Section 261.405, a report shall be made to:
		(1)  any local or state law enforcement agency;                               
		(2)  the department [if the alleged or suspected abuse 
involves a person responsible for the care, custody, or welfare of 
the child];
		(3)  the state agency that operates, licenses, 
certifies, or registers the facility in which the alleged abuse or 
neglect occurred; or
		(4)  the agency designated by the court to be 
responsible for the protection of children.
	(c)  Notwithstanding Subsection (a), a report must be made to 
the department if the alleged or suspected abuse or neglect 
involves a person responsible for the care, custody, or welfare of 
the child.
	SECTION 2.  Section 261.406(b), Family Code, is amended to 
read as follows:  
	(b)  The department shall send a written report of the 
department's investigation, as appropriate, to the Texas Education 
Agency, the agency responsible for teacher certification, the local 
school board or the school's governing body, the superintendent of 
the school district, and the school principal or director, unless 
the principal or director is alleged to have committed the abuse or 
neglect, for appropriate action.  On request, the department shall 
provide a copy of the report of investigation to the parent, 
managing conservator, or legal guardian of a child who is the 
subject of the investigation and to the person alleged to have 
committed the abuse or neglect.  The report of investigation shall 
be edited to protect the identity of the persons who made the report 
of abuse or neglect. Section 261.201(b) applies to the release of 
confidential information relating to the investigation of a report 
of abuse or neglect under this section and to the identity of the 
person who made the report of abuse or neglect.
	SECTION 3.  (a)  The change in law made by this Act to Section 
261.103, Family Code, applies only to a report of the abuse or 
neglect of a child that is made on or after the effective date of 
this Act.  A report made before that date is governed by the law in 
effect at the time the report was made, and the former law is 
continued in effect for that purpose.
	(b)  The change in law made by this Act to Section 261.406, 
Family Code, applies only to a report of an investigation by the 
Department of Family and Protective Services that is prepared on or 
after the effective date of this Act.  A report prepared before the 
effective date of this Act is governed by the law in effect at the 
time the report was completed, and the former law is continued in 
effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2005.