83R5020 MCK-F

By: West S.B. No. 939

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. Section 38.004(a), 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. The policy may not permit or require a school district or open-enrollment charter school employee to report child abuse or neglect to the employee's supervisor before the employee makes the report required by Chapter 261, Family Code. Each school district and open-enrollment charter school shall adopt the policy.

SECTION 2. Section 38.0041(c), 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. The policy may not permit or require an employee to report child abuse and neglect to the employee's supervisor before the employee makes the report 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 recognizing and preventing 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. Section 42.04261(a), Human Resources Code, is amended to read as follows:

(a) Notwithstanding Section 42.0426(a)(1), a child-placing agency or day-care center shall provide training for staff members in:

(1) [prevention] techniques for recognizing [and] the [recognition of] symptoms of and preventing sexual abuse and other maltreatment of children; and

(2) the responsibility and procedure for [of] reporting suspected occurrences of sexual abuse and other maltreatment of children to the department or other appropriate entities [entity].

SECTION 6. This Act takes effect September 1, 2013.