| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to reporting child abuse and neglect and to training |
|
|
regarding recognizing and reporting child abuse and neglect at |
|
|
schools, institutions of higher education, and other entities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subsection (a), Section 38.004, Education Code, |
|
|
is amended to read as follows: |
|
|
(a) The agency shall develop a policy governing the reports |
|
|
of child abuse or neglect [reports] required by Chapter 261, Family |
|
|
Code, of school districts, open-enrollment charter schools, and |
|
|
their employees. The policy must provide for cooperation with law |
|
|
enforcement child abuse investigations without the consent of the |
|
|
child's parents if necessary, including investigations by the |
|
|
Department of Family and Protective [and Regulatory] Services. The |
|
|
policy must require each school district and open-enrollment |
|
|
charter school employee to report child abuse or neglect in the |
|
|
manner required by Chapter 261, Family Code. Each school district |
|
|
and open-enrollment charter school shall adopt the policy. |
|
|
SECTION 2. Subsection (c), Section 38.0041, Education Code, |
|
|
is amended to read as follows: |
|
|
(c) The methods under Subsection (b)(1) for increasing |
|
|
awareness of issues regarding sexual abuse and other maltreatment |
|
|
of children must include training, as provided by this subsection, |
|
|
concerning prevention techniques for and recognition of sexual |
|
|
abuse and all other maltreatment of children. The training: |
|
|
(1) must be provided, as part of a new employee |
|
|
orientation, to all new school district and open-enrollment charter |
|
|
school employees and to existing district and open-enrollment |
|
|
charter school employees on a schedule adopted by the agency by rule |
|
|
until all district and open-enrollment charter school employees |
|
|
have taken the training [educators, including counselors and
|
|
|
coaches, and other district and charter school professional staff
|
|
|
members]; and |
|
|
(2) [may be provided annually to any district or
|
|
|
charter school staff member; and
|
|
|
[(3)] must include training concerning: |
|
|
(A) factors indicating a child is at risk for |
|
|
sexual abuse or other maltreatment; |
|
|
(B) likely warning signs indicating a child may |
|
|
be a victim of sexual abuse or other maltreatment; |
|
|
(C) internal procedures for seeking assistance |
|
|
for a child who is at risk for sexual abuse or other maltreatment, |
|
|
including referral to a school counselor, a social worker, or |
|
|
another mental health professional; |
|
|
(D) techniques for reducing a child's risk of |
|
|
sexual abuse or other maltreatment; and |
|
|
(E) community organizations that have relevant |
|
|
existing research-based programs that are able to provide training |
|
|
or other education for school district or open-enrollment charter |
|
|
school staff members, students, and parents. |
|
|
SECTION 3. Subchapter Z, Chapter 51, Education Code, is |
|
|
amended by adding Section 51.9761 to read as follows: |
|
|
Sec. 51.9761. CHILD ABUSE REPORTING POLICY AND TRAINING. |
|
|
(a) In this section, "other maltreatment" has the meaning assigned |
|
|
by Section 42.002, Human Resources Code. |
|
|
(b) Each institution of higher education shall adopt a |
|
|
policy governing the reporting of child abuse and neglect as |
|
|
required by Chapter 261, Family Code, for the institution and its |
|
|
employees. The policy must require each employee of the |
|
|
institution to report child abuse and neglect in the manner |
|
|
required by Chapter 261, Family Code. |
|
|
(c) Each institution of higher education shall provide |
|
|
training for employees who are professionals as defined by Section |
|
|
261.101, Family Code, in prevention techniques for and the |
|
|
recognition of symptoms of sexual abuse and other maltreatment of |
|
|
children and the responsibility and procedure of reporting |
|
|
suspected occurrences of sexual abuse and other maltreatment. The |
|
|
training must include: |
|
|
(1) techniques for reducing a child's risk of sexual |
|
|
abuse or other maltreatment; |
|
|
(2) factors indicating a child is at risk for sexual |
|
|
abuse or other maltreatment; |
|
|
(3) the warning signs and symptoms associated with |
|
|
sexual abuse or other maltreatment and recognition of those signs |
|
|
and symptoms; and |
|
|
(4) the requirements and procedures for reporting |
|
|
suspected sexual abuse or other maltreatment as provided by Chapter |
|
|
261, Family Code. |
|
|
SECTION 4. Section 42.0426, Human Resources Code, is |
|
|
amended by adding Subsection (a-1) to read as follows: |
|
|
(a-1) A licensed facility shall require each employee of the |
|
|
facility who attends a training program required by Subsection |
|
|
(a)(1) to sign a statement verifying the employee's attendance at |
|
|
the training program. The licensed facility shall maintain the |
|
|
statement in the employee's personnel records. |
|
|
SECTION 5. This Act takes effect September 1, 2013. |