88R4758 MM-D
 
  By: Jetton H.B. No. 1667
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the reporting of child abuse or neglect.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 104.007(a), Family Code, is amended to
  read as follows:
         (a)  In this section, "professional" has the meaning
  assigned by Section 261.101(a) [261.101(b)].
         SECTION 2.  Section 261.101, Family Code, is amended to read
  as follows:
         Sec. 261.101.  PROFESSIONALS [PERSONS] REQUIRED TO REPORT;
  TIME TO REPORT. (a) In this section, "professional" means an
  individual who is licensed or certified by the state or who is an
  employee of a facility licensed, certified, or operated by the
  state and who, in the normal course of official duties or duties for
  which a license or certification is required, has direct contact
  with children. The term includes teachers, nurses, doctors,
  day-care employees, employees of a clinic or health care facility
  that provides reproductive services, juvenile probation officers,
  and juvenile detention or correctional officers [A person having
  reasonable cause to believe that a child's physical or mental
  health or welfare has been adversely affected by abuse or neglect by
  any person shall immediately make a report as provided by this
  subchapter].
         (b)  Except as provided by Section 261.1031, [If] a
  professional shall make a report as provided by this subchapter if
  the professional has reasonable cause to believe that a child has
  been abused or neglected or may be abused or neglected not later
  than the 48th hour after the hour the professional first has
  reasonable cause to believe that the child has been or may be abused
  or neglected[, or that a child is a victim of an offense under
  Section 21.11, Penal Code, and the professional has reasonable
  cause to believe that the child has been abused as defined by
  Section 261.001, the professional shall make a report not later
  than the 48th hour after the hour the professional first has
  reasonable cause to believe that the child has been or may be abused
  or neglected or is a victim of an offense under Section 21.11, Penal
  Code].
         (b-1)  A professional may not delegate to or rely on another
  person to make the report required by this section. [In this
  subsection, "professional" means an individual who is licensed or
  certified by the state or who is an employee of a facility licensed,
  certified, or operated by the state and who, in the normal course of
  official duties or duties for which a license or certification is
  required, has direct contact with children. The term includes
  teachers, nurses, doctors, day-care employees, employees of a
  clinic or health care facility that provides reproductive services,
  juvenile probation officers, and juvenile detention or
  correctional officers.]
         (b-2) [(b-1)]  In addition to the duty to make a report under
  Subsection [(a) or] (b), a [person or] professional shall make a
  report in the manner required by Subsection [(a) or] (b)[, as
  applicable,] if the [person or] professional has reasonable cause
  to believe that an adult was a victim of abuse or neglect as a child
  and the [person or] professional determines in good faith that
  disclosure of the information is necessary to protect the health
  and safety of:
               (1)  another child; or
               (2)  an elderly person or person with a disability as
  defined by Section 48.002, Human Resources Code.
         (c)  The requirement to report under this section applies
  without exception to a professional [an individual] whose personal
  communications may otherwise be privileged, including an attorney,
  a member of the clergy, a medical practitioner, a social worker, a
  mental health professional, an employee or member of a board that
  licenses or certifies a professional, and an employee of a clinic or
  health care facility that provides reproductive services.
         (d)  Unless waived in writing by the professional [person]
  making the report, the identity of a professional [an individual]
  making a report under this chapter is confidential and may be
  disclosed only:
               (1)  as provided by Section 261.201; or
               (2)  to a law enforcement officer for the purposes of
  conducting a criminal investigation of the report.
         SECTION 3.  Subchapter B, Chapter 261, Family Code, is
  amended by adding Section 261.1011 to read as follows:
         Sec. 261.1011.  OTHER REPORTS OF ABUSE AND NEGLECT. (a) A
  person who is not a professional as defined by Section 261.101 may
  make a report as provided by this subchapter if the person has
  reasonable cause to believe that a child's physical or mental
  health or welfare has been adversely affected by abuse or neglect by
  any person.
         (b)  The identity of a person making a report under this
  section is confidential and may be disclosed only:
               (1)  as provided by Section 261.201;
               (2)  to a law enforcement officer for the purposes of
  conducting a criminal investigation of the report; or
               (3)  if the person authorizes the disclosure in
  writing.
         SECTION 4.  Section 261.103(a), Family Code, is amended to
  read as follows:
         (a)  Except as provided by Subsections (b) and (c) and
  Sections 261.1031 and [Section] 261.405, a report shall be made to:
               (1)  any local or state law enforcement agency;
               (2)  the department; or
               (3)  the state agency that operates, licenses,
  certifies, or registers the facility in which the alleged abuse or
  neglect occurred.
         SECTION 5.  Subchapter B, Chapter 261, Family Code, is
  amended by adding Section 261.1031 to read as follows:
         Sec. 261.1031.  REPORT MADE TO COMMUNITY-BASED PREVENTION OR
  FAMILY PRESERVATION SERVICES PROVIDER. (a) Except as provided by
  Subsection (c), a professional required to make a report under
  Section 261.101(b) may make the report to a community-based
  prevention or family preservation services provider instead of the
  entities listed under Section 261.103(a) if the professional has
  reasonable cause to believe the child is at low risk of abuse or
  neglect.
         (b)  A community-based prevention or family preservation
  services provider that receives a report under Subsection (a) shall
  make a home visit and offer family social services to enhance the
  parents' ability to provide a safe and stable home environment for a
  child who is the subject of the report. If the parent elects to use
  the family services offered under this subsection, a case manager
  from the provider shall monitor the case and ensure that the
  services are delivered.
         (c)  This section does not apply to cases in which a
  professional has reasonable cause to believe that a child has been
  or may be subjected to aggravated circumstances as described by
  Section 262.2015.
         SECTION 6.  Section 261.104, Family Code, is amended to read
  as follows:
         Sec. 261.104.  CONTENTS OF REPORT. The person making a
  report shall provide the following information [identify], if
  known, to the agency to which the report is made:
               (1)  the name and address of the child;
               (2)  the name and address of the person responsible for
  the care, custody, or welfare of the child; [and]
               (3)  the reporting person's name and contact
  information; and
               (4)  any other pertinent information concerning the
  alleged or suspected abuse or neglect.
         SECTION 7.  Subchapter B, Chapter 261, Family Code, is
  amended by adding Section 261.1041 to read as follows:
         Sec. 261.1041.  REQUIRED DISCLOSURES. An agency or
  organization receiving a report of child abuse or neglect shall
  inform the person making the report that:
               (1)  the person is required to provide the person's name
  and contact information to the agency or organization;
               (2)  the person's identity is confidential and may be
  disclosed only as provided by Section 261.101(d) or 261.1011(b);
  and
               (3)  knowingly making a false report with the intent to
  deceive is a criminal offense under Section 261.107.
         SECTION 8.  Section 261.109, Family Code, is amended to read
  as follows:
         Sec. 261.109.  FAILURE TO REPORT; PENALTY. (a) A person who
  is a professional as defined by Section 261.101(a) commits an
  offense if the person is required to make a report under Section
  261.101(b) [261.101(a)] and knowingly fails to make a report as
  provided in this chapter.
         (a-1)  A person who is a professional as defined by Section
  261.101(a) who [261.101(b) commits an offense if the person] is
  required to make a report under Section 261.101(b) does not commit
  an offense if the person refers the child's family to an appropriate
  community-based prevention or family preservation services
  provider as provided by Section 261.1031 instead of making the
  required [and knowingly fails to make a] report [as provided in this
  chapter].
         (b)  An offense under Subsection (a) is a Class A
  misdemeanor, except that the offense is a state jail felony if it is
  shown on the trial of the offense that:
               (1)  the child was a person with an intellectual
  disability who resided in a state supported living center, the
  ICF-IID component of the Rio Grande State Center, or a facility
  licensed under Chapter 252, Health and Safety Code, and the actor
  knew that the child had suffered serious bodily injury as a result
  of the abuse or neglect; or
               (2)  [.
         [(c)  An offense under Subsection (a-1) is a Class A
  misdemeanor, except that the offense is a state jail felony if it is
  shown on the trial of the offense that] the actor intended to
  conceal the abuse or neglect.
         SECTION 9.  Section 261.110(a)(2), Family Code, is amended
  to read as follows:
               (2)  "Professional" has the meaning assigned by Section
  261.101(a) [261.101(b)].
         SECTION 10.  Section 261.201(b-1), Family Code, is amended
  to read as follows:
         (b-1)  On a motion of one of the parties in a contested case
  before an administrative law judge relating to the license or
  certification of a professional, as defined by Section 261.101(a)
  [261.101(b)], or an educator, as defined by Section 5.001,
  Education Code, the administrative law judge may order the
  disclosure of information that is confidential under this section
  that relates to the matter before the administrative law judge
  after a hearing for which notice is provided as required by
  Subsection (b)(2) and making the review and determination required
  by Subsection (b)(3). Before the department may release
  information under this subsection, the department must edit the
  information to protect the confidentiality of the identity of any
  person who makes a report of abuse or neglect.
         SECTION 11.  Section 261.304, Family Code, is repealed.
         SECTION 12.  The changes in law made by this Act apply only
  to a report of suspected abuse or neglect of a child that is made on
  or after the effective date of this Act. A report of suspected
  abuse or neglect that is made before that date is governed by the
  law in effect on the date the report was made, and that law is
  continued in effect for that purpose.
         SECTION 13.  This Act takes effect September 1, 2023.