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A BILL TO BE ENTITLED
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AN ACT
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relating to the definitions of abuse and neglect of a child |
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applicable to investigations of abuse and neglect in certain |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. In this subsection, "professional" means an |
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individual who is licensed or certified by the state or who is an |
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employee of a facility licensed, certified, or operated by the |
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state and who, in the normal course of official duties or duties for |
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which a license or certification is required, has direct contact |
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with children. The term includes teachers, nurses, doctors, |
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day-care employees, employees of a clinic or health care facility |
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that provides reproductive services, juvenile probation officers, |
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and juvenile detention or correctional officers. |
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SECTION 2. Section 261.401(a), Family Code, is amended to |
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read as follows: |
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(a) In [Notwithstanding Section 261.001, in] this section, |
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"exploitation"[:
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[(1) "Abuse" means an intentional, knowing, or reckless
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act or omission by an employee, volunteer, or other individual
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working under the auspices of a facility or program that causes or
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may cause emotional harm or physical injury to, or the death of, a
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child served by the facility or program as further described by rule
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or policy.
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[(2) "Exploitation"] means the illegal or improper use |
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of a child or of the resources of a child for monetary or personal |
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benefit, profit, or gain by an employee, volunteer, or other |
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individual working under the auspices of a facility or program as |
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further described by rule or policy. |
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[(3)
"Neglect" means a negligent act or omission by an
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employee, volunteer, or other individual working under the auspices
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of a facility or program, including failure to comply with an
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individual treatment plan, plan of care, or individualized service
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plan, that causes or may cause substantial emotional harm or
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physical injury to, or the death of, a child served by the facility
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or program as further described by rule or policy.] |
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SECTION 3. Section 42.002(23), Human Resources Code, is |
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amended to read as follows: |
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(23) "Other maltreatment" means: |
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(A) abuse, as defined by Section 261.001 [or
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261.401], Family Code; or |
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(B) neglect, as defined by Section 261.001 [or
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261.401], Family Code. |
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SECTION 4. Section 42.044(c-1), Human Resources Code, is |
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amended to read as follows: |
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(c-1) The department: |
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(1) shall investigate a listed family home if the |
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department receives a complaint that: |
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(A) a child in the home has been abused or |
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neglected, as defined by Section 261.001 [261.401], Family Code; or |
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(B) otherwise alleges an immediate risk of danger |
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to the health or safety of a child being cared for in the home; and |
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(2) may investigate a listed family home to ensure |
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that the home is providing care for compensation to not more than |
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three children, excluding children who are related to the |
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caretaker. |
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SECTION 5. (a) The changes in law made by this Act apply |
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only to a report of suspected abuse or neglect of a child that is |
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made on or after the effective date of this Act. A report of |
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suspected abuse or neglect that is made before that date is governed |
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by the law in effect on the date the report was made, and that law is |
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continued in effect for that purpose. |
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(b) The changes in law made by this Act apply only to an |
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offense committed on or after the effective date of this Act. An |
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offense committed before that date is governed by the law in effect |
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when the offense was committed, and the former law is continued in |
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effect for that purpose. For the purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2017. |