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A BILL TO BE ENTITLED
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AN ACT
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relating to a report of child abuse or neglect made by an employee |
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of a school district or an open-enrollment charter school. |
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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, including reports related to the |
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trafficking of a child under Section 20A.02(a)(5), (6), (7), or |
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(8), Penal Code, as required by Chapter 261, Family Code, for school |
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districts, open-enrollment charter schools, and their employees. |
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The policy must provide for cooperation with law enforcement child |
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abuse investigations without the consent of the child's parents if |
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necessary, including investigations by the Department of Family and |
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Protective Services. The policy must require each school district |
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and open-enrollment charter school employee to report child abuse |
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or neglect, including the trafficking of a child under Section |
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20A.02(a)(5) or (7), Penal Code, in the manner required by Chapter |
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261, Family Code, except that a school district or open-enrollment |
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charter school employee must make the report to both the Department |
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of Family and Protective Services and a local or state law |
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enforcement agency. Each school district and open-enrollment |
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charter school shall adopt the policy. |
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SECTION 2. Section 261.103, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) Except as otherwise provided by this section |
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[Subsections (b) and (c)] and Section 261.405, a report shall be |
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made to: |
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(1) any local or state law enforcement agency; |
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(2) the department; or |
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(3) the state agency that operates, licenses, |
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certifies, or registers the facility in which the alleged abuse or |
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neglect occurred. |
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(d) Notwithstanding any other provision of this section, an |
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employee of a school district or open-enrollment charter school who |
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is required to make a report of child abuse or neglect, including |
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the trafficking of a child under Section 20A.02(a)(5) or (7), Penal |
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Code, must make a report to both the department and to a local or |
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state law enforcement agency. |
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SECTION 3. This Act takes effect September 1, 2017. |