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A BILL TO BE ENTITLED
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AN ACT
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relating to the duty to report child abuse or neglect. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 261.101(a), (b), and (b-1), Family |
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Code, are amended to read as follows: |
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(a) A person who receives any information [having cause to
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believe] that a child's physical or mental health or welfare has |
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been adversely affected by abuse or neglect by any person shall |
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immediately make a report as provided by this subchapter. |
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(b) If a professional receives any information [has cause to
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believe] that a child has been abused or neglected or may be abused |
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or neglected, or that a child is a victim of an offense under |
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Section 21.11, Penal Code, and the professional receives any |
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information [has cause to believe] that the child has been abused as |
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defined by Section 261.001 or 261.401, the professional shall make |
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a report not later than the 48th hour after the hour the |
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professional first receives the information [suspects] that the |
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child has been or may be abused or neglected or is a victim of an |
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offense under Section 21.11, Penal Code. A professional may not |
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delegate to or rely on another person to make the report. 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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(b-1) In addition to the duty to make a report under |
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Subsection (a) or (b), a person or professional shall make a report |
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in the manner required by Subsection (a) or (b), as applicable, if |
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the person or professional receives any information [has cause to
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believe] that an adult was a victim of abuse or neglect as a child |
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and the person or professional determines in good faith that |
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disclosure of the information is necessary to protect the health |
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and safety of: |
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(1) another child; or |
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(2) an elderly or disabled person as defined by |
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Section 48.002, Human Resources Code. |
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SECTION 2. This Act takes effect September 1, 2015. |