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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting child abuse and neglect and to training |
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regarding recognizing and reporting child abuse and neglect at |
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schools, institutions of higher education, and other entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.004(a), Education Code, is amended to |
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read as follows: |
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(a) The agency shall develop a policy governing the reports |
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of child abuse or neglect [reports] required by Chapter 261, Family |
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Code, of school districts, open-enrollment charter schools, and |
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their employees. The policy must provide for cooperation with law |
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enforcement child abuse investigations without the consent of the |
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child's parents if necessary, including investigations by the |
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Department of Family and Protective [and Regulatory] Services. The |
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policy must require each school district and open-enrollment |
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charter school employee to report child abuse or neglect in the |
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manner required by Chapter 261, Family Code. Each school district |
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and open-enrollment charter school shall adopt the policy. |
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SECTION 2. Section 38.0041(c), Education Code, is amended |
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to read as follows: |
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(c) The methods under Subsection (b)(1) for increasing |
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awareness of issues regarding sexual abuse and other maltreatment |
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of children must include training, as provided by this subsection, |
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concerning prevention techniques for and recognition of sexual |
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abuse and all other maltreatment of children. The training: |
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(1) must be provided, as part of a new employee |
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orientation, to all new school district and open-enrollment charter |
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school employees and to existing district and open-enrollment |
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charter school employees on a schedule adopted by the agency by rule |
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until all district and open-enrollment charter school employees |
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have taken the training [educators, including counselors and
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coaches, and other district and charter school professional staff
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members]; and |
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(2) [may be provided annually to any district or
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charter school staff member; and
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[(3)] must include training concerning: |
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(A) factors indicating a child is at risk for |
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sexual abuse or other maltreatment; |
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(B) likely warning signs indicating a child may |
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be a victim of sexual abuse or other maltreatment; |
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(C) internal procedures for seeking assistance |
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for a child who is at risk for sexual abuse or other maltreatment, |
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including referral to a school counselor, a social worker, or |
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another mental health professional; |
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(D) techniques for reducing a child's risk of |
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sexual abuse or other maltreatment; and |
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(E) community organizations that have relevant |
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existing research-based programs that are able to provide training |
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or other education for school district or open-enrollment charter |
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school staff members, students, and parents. |
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SECTION 3. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.9761 to read as follows: |
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Sec. 51.9761. CHILD ABUSE REPORTING POLICY AND TRAINING. |
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(a) In this section, "other maltreatment" has the meaning assigned |
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by Section 42.002, Human Resources Code. |
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(b) Each institution of higher education shall adopt a |
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policy governing the reporting of child abuse and neglect as |
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required by Chapter 261, Family Code, for the institution and its |
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employees. The policy must require each employee of the institution |
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to report child abuse and neglect in the manner required by Chapter |
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261, Family Code. |
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(c) Each institution of higher education shall provide |
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training for employees who are professionals as defined by Section |
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261.101, Family Code, in prevention techniques for and the |
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recognition of symptoms of sexual abuse and other maltreatment of |
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children and the responsibility and procedure of reporting |
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suspected occurrences of sexual abuse and other maltreatment. The |
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training must include: |
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(1) techniques for reducing a child's risk of sexual |
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abuse or other maltreatment; |
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(2) factors indicating a child is at risk for sexual |
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abuse or other maltreatment; |
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(3) the warning signs and symptoms associated with |
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sexual abuse or other maltreatment and recognition of those signs |
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and symptoms; and |
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(4) the requirements and procedures for reporting |
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suspected sexual abuse or other maltreatment as provided by Chapter |
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261, Family Code. |
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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) A licensed facility shall require each employee of the |
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facility who attends a training program required by Subsection |
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(a)(1) to sign a statement verifying the employee's attendance at |
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the training program. The licensed facility shall maintain the |
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statement in the employee's personnel records. |
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SECTION 5. This Act takes effect September 1, 2013. |