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A BILL TO BE ENTITLED
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AN ACT
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relating to the duty of certain professionals to report child abuse |
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and neglect. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.101, Family Code, is amended by |
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amending Subsections (b) and (b-1) and adding Subsection (b-2) to |
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read as follows: |
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(b) If a professional has actual knowledge [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 has cause to
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believe that the child has been abused as defined by Section
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261.001,] the professional shall make a report not later than the |
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48th hour after the hour the professional first learns [suspects] |
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that the child has been [or may be] abused or neglected or is a |
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victim of an offense under Section 21.11, Penal Code. A |
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professional may not delegate to or rely on another person to make |
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the report. In this subsection, "professional" means an individual |
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who is licensed or certified by the state or who is an employee of a |
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facility licensed, certified, or operated by the state and who, in |
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the normal course of official duties or duties for which a license |
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or certification is required, has direct contact with children. The |
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term includes teachers, nurses, doctors, day-care employees, |
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employees of a clinic or health care facility that provides |
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reproductive services, juvenile probation officers, and juvenile |
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detention or 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 |
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report in the manner required by Subsection (a) [or (b)], as |
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applicable, if the person [or professional] has cause to believe |
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that an adult was a victim of abuse or neglect as a child and the |
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person [or professional] determines in good faith that disclosure |
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of the information is necessary to protect the health and safety of: |
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(1) another child; or |
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(2) an elderly person or person with a disability as |
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defined by Section 48.002, Human Resources Code. |
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(b-2) In addition to the duty to make a report under |
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Subsection (b), a professional shall make a report in the manner |
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required by Subsection (b), as applicable, if the professional has |
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actual knowledge that an adult was a victim of abuse or neglect as a |
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child and the professional determines in good faith that disclosure |
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of the information is necessary to protect the health and safety of: |
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(1) another child; or |
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(2) an elderly person or person with a disability as |
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defined by Section 48.002, Human Resources Code. |
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SECTION 2. This Act does not relieve a person of any duty |
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that arose before the effective date of this Act to report abuse or |
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neglect under Section 261.101, Family Code. A person who did not |
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comply with the law in effect before the effective date of this Act |
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remains subject to prosecution or disciplinary action under the |
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provisions of law that existed before the effective date of this |
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Act, and those provisions continue in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |