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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of 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. Section 104.007(a), Family Code, is amended to |
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read as follows: |
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(a) In this section, "professional" has the meaning |
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assigned by Section 261.101(a) [261.101(b)]. |
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SECTION 2. Section 261.101, Family Code, is amended to read |
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as follows: |
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Sec. 261.101. PROFESSIONALS [PERSONS] REQUIRED TO REPORT; |
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TIME TO REPORT. (a) In this section, "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 [A person having |
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reasonable cause to believe that a child's physical or mental |
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health or welfare has been adversely affected by abuse or neglect by |
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any person shall immediately make a report as provided by this |
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subchapter]. |
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(b) Except as provided by Section 261.1031, [If] a |
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professional shall make a report as provided by this subchapter if |
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the professional has reasonable cause to believe that a child has |
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been abused or neglected or may be abused or neglected not later |
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than the 48th hour after the hour the professional first has |
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reasonable cause to believe that the child has been 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 reasonable |
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cause to believe that the child has been abused as defined by |
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Section 261.001, the professional shall make a report not later |
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than the 48th hour after the hour the professional first has |
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reasonable cause to believe 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]. |
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(b-1) A professional may not delegate to or rely on another |
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person to make the report required by this section. [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-2) [(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 reasonable cause |
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to 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 person or person with a disability as |
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defined by Section 48.002, Human Resources Code. |
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(c) The requirement to report under this section applies |
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without exception to a professional [an individual] whose personal |
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communications may otherwise be privileged, including an attorney, |
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a member of the clergy, a medical practitioner, a social worker, a |
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mental health professional, an employee or member of a board that |
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licenses or certifies a professional, and an employee of a clinic or |
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health care facility that provides reproductive services. |
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(d) Unless waived in writing by the professional [person] |
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making the report, the identity of a professional [an individual] |
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making a report under this chapter is confidential and may be |
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disclosed only: |
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(1) as provided by Section 261.201; or |
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(2) to a law enforcement officer for the purposes of |
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conducting a criminal investigation of the report. |
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SECTION 3. Subchapter B, Chapter 261, Family Code, is |
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amended by adding Section 261.1011 to read as follows: |
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Sec. 261.1011. OTHER REPORTS OF ABUSE AND NEGLECT. (a) A |
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person who is not a professional as defined by Section 261.101: |
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(1) shall make a report as provided by this subchapter |
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if the person witnesses the sexual abuse, sexual assault, or |
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physical abuse of a child by any person; and |
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(2) may make a report as provided by this subchapter if |
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the person has reasonable cause to believe that a child's physical |
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or mental health or welfare has been adversely affected by abuse or |
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neglect by any person. |
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(b) The identity of a person making a report under this |
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section is confidential and may be disclosed only: |
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(1) as provided by Section 261.201; |
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(2) to a law enforcement officer for the purposes of |
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conducting a criminal investigation of the report; or |
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(3) if the person authorizes the disclosure in |
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writing. |
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SECTION 4. Section 261.102, Family Code, is amended to read |
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as follows: |
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Sec. 261.102. MATTERS TO BE REPORTED. (a) A report should |
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reflect the reporter's belief that a child has been or may be abused |
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or neglected or has died of abuse or neglect. |
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(b) A person is not required to report concerns that: |
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(1) are solely related to: |
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(A) a child's behavior; |
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(B) truancy; or |
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(C) conditions of poverty, including a lack of |
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adequate clothing, housing instability, or lack of utilities in the |
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child's home; and |
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(2) do not adversely affect the child's physical or |
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mental health or welfare. |
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SECTION 5. Subchapter B, Chapter 261, Family Code, is |
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amended by adding Section 261.1021 to read as follows: |
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Sec. 261.1021. REQUIRED TRAINING. (a) Professionals |
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required to make a report under Section 261.101 must receive |
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training regarding reporting requirements under this subchapter. |
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The training must include information regarding: |
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(1) matters to be reported under Section 261.102; |
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(2) alternatives to reporting and matters that may be |
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referred to community-based prevention or family preservation |
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services providers under Section 261.1031; and |
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(3) the procedures for making a report required under |
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this subchapter. |
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(b) The department shall develop a training program for |
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professionals required to make a report under Section 261.101 that |
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includes the information required under Subsection (a). |
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SECTION 6. Section 261.103(a), Family Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsections (b) and (c) and |
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Sections 261.1031 and [Section] 261.405, a report shall be 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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SECTION 7. Subchapter B, Chapter 261, Family Code, is |
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amended by adding Sections 261.1031 and 261.1032 to read as |
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follows: |
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Sec. 261.1031. REFERRAL TO COMMUNITY-BASED PREVENTION OR |
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FAMILY PRESERVATION SERVICES PROVIDER. (a) Except as provided by |
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Subsection (d), a professional required to make a report under |
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Section 261.101(b) may refer the family to a community-based |
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prevention or family preservation services provider instead of the |
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entities listed under Section 261.103(a) if the professional has |
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reasonable cause to believe the child is not at risk of abuse or |
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neglect based on concerns described by Section 261.102(b). |
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(b) A professional who makes a referral under this section |
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shall make reasonable efforts to ensure that the family who is the |
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subject of the referral is connected with an appropriate |
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community-based prevention or family preservation services |
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provider. |
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(c) A community-based prevention or family preservation |
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services provider that receives a referral under Subsection (a) |
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shall make reasonable efforts to provide appropriate resources or |
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referrals to enhance the parents' ability to provide a safe and |
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stable home environment for a child who is the subject of the |
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referral. |
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(d) This section does not apply to cases in which a |
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professional has reasonable cause to believe that a child has been |
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or may be subjected to aggravated circumstances as described by |
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Section 262.2015. |
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(e) Nothing in this section may be construed to require a |
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community-based prevention or family preservation services |
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provider to provide services that the provider does not have the |
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resources, including funding, to provide. |
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Sec. 261.1032. IMPLEMENTATION STUDY AUTHORIZED. (a) The |
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department may, in collaboration with single source continuum |
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contractors, local or regional helplines, hospital systems, |
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independent school districts, law enforcement agencies, and |
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community-based prevention or family preservation services |
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providers, study the implementation of Section 261.1031 in at least |
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one child protective services region in which community-based care |
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has been implemented under Subchapter B-1, Chapter 264. A study |
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under this section must: |
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(1) explore and identify strategies for maximizing |
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referrals for and delivery of community-based prevention or family |
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preservation services in the region; |
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(2) determine whether a directory of community-based |
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prevention or family preservation resources has been established; |
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(3) assess the effectiveness of community-based |
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prevention or family preservation services at promoting child |
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safety and preventing entry into foster care; |
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(4) assess the effect that community education and |
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promotion of the referral process under Section 261.1031 had on the |
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number of families that received a referral for community-based |
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prevention or family preservation services; |
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(5) determine whether the training required under |
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Section 261.1021 is being provided; |
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(6) determine whether best practices for efficiently |
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connecting families with community-based prevention or family |
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preservation services providers have been developed; |
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(7) identify gaps in the availability of |
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community-based prevention or family preservation services in the |
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region; and |
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(8) recommend strategies for increasing the |
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availability of effective community-based prevention or family |
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preservation services in the region. |
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(b) Not later than November 1 of the calendar year in which a |
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study authorized under this section is conducted, the department |
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shall prepare and submit a report of the study to the governor, the |
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lieutenant governor, the speaker of the house of representatives, |
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and the chairs of the house and senate committees with primary |
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jurisdiction over the department. |
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(c) The department may conduct a study under this section |
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only using federal or private grant funds. The department shall |
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explore and seek opportunities for obtaining federal and private |
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funds to perform a study under this section. |
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SECTION 8. Section 261.104, Family Code, is amended to read |
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as follows: |
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Sec. 261.104. CONTENTS OF REPORT. (a) The person making a |
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report shall provide the following information [identify], if |
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known, to the agency to which the report is made: |
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(1) the name and address of the child; |
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(2) the name and address of the person responsible for |
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the care, custody, or welfare of the child; [and] |
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(3) the reporting person's name and contact |
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information; and |
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(4) any other pertinent information concerning the |
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alleged or suspected abuse or neglect. |
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(b) The department shall make reasonable efforts to obtain |
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the information required under Subsection (a). If the department |
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is unable to obtain the reporting person's name and contact |
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information, the department may investigate the report as provided |
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by Section 261.304. |
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SECTION 9. Subchapter B, Chapter 261, Family Code, is |
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amended by adding Section 261.1041 to read as follows: |
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Sec. 261.1041. REQUIRED DISCLOSURES. An agency or |
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organization receiving a report of child abuse or neglect shall |
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inform the person making the report that: |
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(1) the person is required to provide the person's name |
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and contact information to the agency or organization; |
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(2) the person's identity is confidential and may be |
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disclosed only as provided by Section 261.101(d) or 261.1011(b); |
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and |
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(3) knowingly making a false report with the intent to |
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deceive is a criminal offense under Section 261.107. |
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SECTION 10. Section 261.109, Family Code, is amended to |
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read as follows: |
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Sec. 261.109. FAILURE TO REPORT; PENALTY. (a) A person who |
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is a professional as defined by Section 261.101(a) commits an |
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offense if the person is required to make a report under Section |
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261.101(b) [261.101(a)] and knowingly fails to make a report as |
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provided in this chapter. |
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(a-1) A person who is a professional as defined by Section |
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261.101(a) who [261.101(b) commits an offense if the person] is |
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required to make a report under Section 261.101(b) does not commit |
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an offense if the person refers the child's family to an appropriate |
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community-based prevention or family preservation services |
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provider as provided by Section 261.1031 instead of making the |
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required [and knowingly fails to make a] report [as provided in this |
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chapter]. |
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(b) An offense under Subsection (a) is a Class A |
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misdemeanor, except that the offense is a state jail felony if it is |
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shown on the trial of the offense that: |
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(1) the child was a person with an intellectual |
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disability who resided in a state supported living center, the |
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ICF-IID component of the Rio Grande State Center, or a facility |
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licensed under Chapter 252, Health and Safety Code, and the actor |
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knew that the child had suffered serious bodily injury as a result |
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of the abuse or neglect; or |
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(2) [. |
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[(c) An offense under Subsection (a-1) is a Class A |
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misdemeanor, except that the offense is a state jail felony if it is |
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shown on the trial of the offense that] the actor intended to |
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conceal the abuse or neglect. |
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SECTION 11. Section 261.110(a)(2), Family Code, is amended |
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to read as follows: |
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(2) "Professional" has the meaning assigned by Section |
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261.101(a) [261.101(b)]. |
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SECTION 12. Section 261.201(b-1), Family Code, is amended |
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to read as follows: |
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(b-1) On a motion of one of the parties in a contested case |
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before an administrative law judge relating to the license or |
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certification of a professional, as defined by Section 261.101(a) |
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[261.101(b)], or an educator, as defined by Section 5.001, |
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Education Code, the administrative law judge may order the |
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disclosure of information that is confidential under this section |
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that relates to the matter before the administrative law judge |
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after a hearing for which notice is provided as required by |
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Subsection (b)(2) and making the review and determination required |
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by Subsection (b)(3). Before the department may release |
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information under this subsection, the department must edit the |
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information to protect the confidentiality of the identity of any |
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person who makes a report of abuse or neglect. |
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SECTION 13. The changes in law made by this Act apply only |
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to a report of suspected abuse or neglect of a child that is made on |
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or after the effective date of this Act. A report of suspected |
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abuse or neglect that is made before that date is governed by the |
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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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SECTION 14. This Act takes effect September 1, 2023. |
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* * * * * |