79R7800 MCK-D

By:  Dutton                                                       H.B. No. 2099



A BILL TO BE ENTITLED

AN ACT

relating to investigations of reports of child abuse and neglect.             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 261.301(a) and (d), Family Code, are 
amended to read as follows:
	(a)  With assistance from the appropriate state or local law 
enforcement agency as provided by this section, the department or 
designated agency shall make a prompt and thorough investigation of 
a report of child abuse or neglect allegedly committed by a person 
responsible for a child's care, custody, or welfare.  The 
investigation shall be conducted without regard to any pending suit 
affecting the parent-child relationship.
	(d)  The department shall [may] by rule assign priorities and 
prescribe investigative procedures for investigations based on the 
age of the child and the severity and immediacy of the alleged harm 
to the child.  The primary purpose of the investigation shall be the 
protection of the child.  The rules must require the department to:
		(1)  immediately respond to a report of abuse or 
neglect involving a child less than 12 years of age;  and
		(2)  quickly assess and prioritize a report of abuse or 
neglect involving a child 12 years of age or older.
	SECTION 2.  Section 261.406, Family Code, is amended to read 
as follows:     
	Sec. 261.406.  INVESTIGATIONS IN SCHOOLS.  (a)  On receipt 
of a report of alleged or suspected abuse or neglect of a child in a 
public or private school under the jurisdiction of the Texas 
Education Agency, the department shall forward the report to the 
appropriate law enforcement agency to perform an investigation as 
provided by this chapter.
	(b)  The law enforcement agency [department] shall send a 
written report of the agency's [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, 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 agency
[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.
	[(c)  Nothing in this section may prevent a law enforcement 
agency from conducting an investigation of a report made under this 
section.
	[(d)  The Board of Protective and Regulatory Services shall 
adopt rules necessary to implement this section.]
	SECTION 3.  The change in law made by this Act applies only 
to a report of the abuse or neglect of a child made on or after the 
effective date of this Act.  A report made before the effective date 
of this Act 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.
	SECTION 4.  This Act takes effect September 1, 2005.