bill rewriting who must report child abuse

The text as introduced · 2,462 words

89R833 MM-D

By: Guillen
H.B. No. 1841

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:

(1) shall make a report as provided by this subchapter

if the person witnesses the sexual abuse, sexual assault, or

physical abuse of a child by any person; and

(2) 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 261.102, Family Code, is amended to read

as follows:

Sec. 261.102. MATTERS TO BE REPORTED. (a) A report should

reflect the reporter's belief that a child has been or may be abused

or neglected or has died of abuse or neglect.

(b) A person is not required to report concerns that:

(1) are solely related to:

(A) a child's behavior;

(B) truancy; or

(C) conditions of poverty, including a lack of

adequate clothing, housing instability, or lack of utilities in the

child's home; and

(2) do not adversely affect the child's physical or

mental health or welfare.

SECTION 5. Subchapter B, Chapter 261, Family Code, is

amended by adding Section 261.1021 to read as follows:

Sec. 261.1021. REQUIRED TRAINING. (a) Professionals

required to make a report under Section 261.101 must receive

training regarding reporting requirements under this subchapter.

The training must include information regarding:

(1) matters to be reported under Section 261.102;

(2) alternatives to reporting and matters that may be

referred to community-based prevention or family preservation

services providers under Section 261.1031; and

(3) the procedures for making a report required under

this subchapter.

(b) The department shall develop a training program for

professionals required to make a report under Section 261.101 that

includes the information required under Subsection (a).

SECTION 6. 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 7. Subchapter B, Chapter 261, Family Code, is

amended by adding Sections 261.1031 and 261.1032 to read as

follows:

Sec. 261.1031. REFERRAL TO COMMUNITY-BASED PREVENTION OR

FAMILY PRESERVATION SERVICES PROVIDER. (a) Except as provided by

Subsection (d), a professional required to make a report under

Section 261.101(b) may refer the family 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 not at risk of abuse or

neglect based on concerns described by Section 261.102(b).

(b) A professional who makes a referral under this section

shall make reasonable efforts to ensure that the family who is the

subject of the referral is connected with an appropriate

community-based prevention or family preservation services

provider.

(c) A community-based prevention or family preservation

services provider that receives a referral under Subsection (a)

shall make reasonable efforts to provide appropriate resources or

referrals to enhance the parents' ability to provide a safe and

stable home environment for a child who is the subject of the

referral.

(d) 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.

(e) Nothing in this section may be construed to require a

community-based prevention or family preservation services

provider to provide services that the provider does not have the

resources, including funding, to provide.

Sec. 261.1032. IMPLEMENTATION STUDY AUTHORIZED. (a) The

department may, in collaboration with single source continuum

contractors, local or regional helplines, hospital systems,

independent school districts, law enforcement agencies, and

community-based prevention or family preservation services

providers, study the implementation of Section 261.1031 in at least

one child protective services region in which community-based care

has been implemented under Subchapter B-1, Chapter 264. A study

under this section must:

(1) explore and identify strategies for maximizing

referrals for and delivery of community-based prevention or family

preservation services in the region;

(2) determine whether a directory of community-based

prevention or family preservation resources has been established;

(3) assess the effectiveness of community-based

prevention or family preservation services at promoting child

safety and preventing entry into foster care;

(4) assess the effect that community education and

promotion of the referral process under Section 261.1031 had on the

number of families that received a referral for community-based

prevention or family preservation services;

(5) determine whether the training required under

Section 261.1021 is being provided;

(6) determine whether best practices for efficiently

connecting families with community-based prevention or family

preservation services providers have been developed;

(7) identify gaps in the availability of

community-based prevention or family preservation services in the

region; and

(8) recommend strategies for increasing the

availability of effective community-based prevention or family

preservation services in the region.

(b) Not later than November 1 of the calendar year in which a

study authorized under this section is conducted, the department

shall prepare and submit a report of the study to the governor, the

lieutenant governor, the speaker of the house of representatives,

and the chairs of the house and senate committees with primary

jurisdiction over the department.

(c) The department may conduct a study under this section

only using federal or private grant funds. The department shall

explore and seek opportunities for obtaining federal and private

funds to perform a study under this section.

SECTION 8. Sections 261.104(b) and (c), Family Code, are

amended to read as follows:

(b) If the individual making a report of child abuse or

neglect uses the toll-free telephone number the department operates

for reporting child abuse or neglect and the individual is

unwilling to provide the information described by Subsection

(a)(4), the department representative receiving the report shall

notify the individual that:

(1) the individual is required to provide the

individual's name and contact information to the department [ is not

authorized to accept an anonymous report of abuse or neglect ];

(2) the individual may report the abuse or neglect by

making a report to any local or state law enforcement agency; and

(3) the identity of an individual making a report

under this subchapter is confidential and may be disclosed only:

(A) as provided by Section 261.1011(a) or

261.201; or

(B) to a law enforcement officer for the purposes

of conducting a criminal investigation of the report.

(c) The department representative or other person receiving

a report of child abuse or neglect shall make reasonable efforts

[ use the person's best efforts ] to obtain the information described

by Subsection (a). If the department is unable to obtain the

reporting individual's name and contact information, the

department may investigate the report as provided by Section

261.304.

SECTION 9. 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 10. 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 11. 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 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, 2025.