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A BILL TO BE ENTITLED
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AN ACT
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relating to reports of suspected child abuse or neglect and |
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training regarding child abuse and neglect. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.004, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) The agency shall develop a policy governing the reports |
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of suspected child abuse or neglect [reports] required by Chapter |
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261, Family Code, of school districts and their employees. The |
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policy must provide for cooperation with law enforcement child |
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abuse investigations without the consent of the child's parents if |
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necessary, including investigations by the Department of Family and |
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Protective [and Regulatory] Services. The policy must require each |
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school district employee to report suspected child abuse or neglect |
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in the manner required by Chapter 261, Family Code. Each school |
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district shall adopt and distribute the written internal policy. A |
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school district may not adopt an alternative policy regarding the |
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reporting of child abuse or neglect. |
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(c) Each school district may provide annual training for |
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district employees described by Section 21.003 and coaches in the |
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recognition of signs of child abuse and neglect and the |
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responsibility and procedure for reporting suspected child abuse |
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and neglect. The training program should emphasize: |
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(1) that each school district employee shall directly |
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report suspected abuse or neglect in the manner prescribed by |
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Chapter 261, Family Code; |
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(2) that the employee's duty to report may not be |
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delegated to another person; |
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(3) that the employee may not rely on another person to |
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make the report; and |
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(4) the criminal penalties for failure to report |
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suspected abuse or neglect. |
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SECTION 2. Section 261.101(b), Family Code, is amended to |
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read as follows: |
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(b) If a professional has cause to believe that a child has |
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been abused or neglected or may be abused or neglected, or that a |
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child is a victim of an offense under Section 21.11, Penal Code, and |
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the professional has cause to believe that the child has been abused |
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as defined by Section 261.001 or 261.401, the professional shall |
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make a report not later than the 48th hour after the hour the |
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professional first suspects that the child has been or may be abused |
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or neglected or is a victim of an offense under Section 21.11, Penal |
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Code. A professional may not delegate to or rely on another person |
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to make the report or make the report only to a supervisor or |
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administrator in the professional's organization. In this |
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subsection, "professional" means an individual who is licensed or |
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certified by the state or who is an employee of a facility licensed, |
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certified, or operated by the state and who, in the normal course of |
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official duties or duties for which a license or certification is |
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required, has direct contact with children. The term includes |
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teachers, nurses, doctors, day-care employees, employees of a |
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clinic or health care facility that provides reproductive services, |
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juvenile probation officers, and juvenile detention or |
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correctional officers. |
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SECTION 3. The heading to Section 42.0426, Human Resources |
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Code, is amended to read as follows: |
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Sec. 42.0426. TRAINING OF PERSONNEL; FACILITY POLICY. |
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SECTION 4. Section 42.0426, Human Resources Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) Each licensed facility shall develop a policy |
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governing the duty of employees of the facility and volunteers or |
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other individuals working at the facility to report suspected child |
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abuse or neglect as required by Chapter 261, Family Code. |
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SECTION 5. This Act takes effect September 1, 2013. |