bill rewriting the definition of child abuse

The text as introduced · 1,449 words

89R5885 AMF-F

By: Noble
H.B. No. 3635

A BILL TO BE ENTITLED

AN ACT

relating to definition of abuse of a child, the reporting of child

abuse and neglect, and certain required notifications about reports

of child abuse and neglect.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 261.001, Family Code, is amended by

amending Subdivision (1) and adding Subdivision (3-a) to read as

follows:

(1) "Abuse" includes the following acts or omissions

by a person:

(A) mental or emotional injury to a child that

results in an observable and material impairment in the child's

growth, development, or psychological functioning;

(B) causing or permitting the child to be in a

situation in which the child sustains a mental or emotional injury

that results in an observable and material impairment in the

child's growth, development, or psychological functioning;

(C) physical injury that results in substantial

harm to the child, or the genuine threat of substantial harm from

physical injury to the child, including an injury that is at

variance with the history or explanation given and excluding an

accident or reasonable discipline by a parent, guardian, or

managing or possessory conservator that does not expose the child

to a substantial risk of harm;

(D) failure to make a reasonable effort to

prevent an action by another person that results in physical injury

that results in substantial harm to the child;

(E) sexual conduct harmful to a child's mental,

emotional, or physical welfare, including conduct that constitutes

the offense of continuous sexual abuse of young child or disabled

individual under Section 21.02, Penal Code, indecency with a child

under Section 21.11, Penal Code, improper relationship between

educator and student under Section 21.12, Penal Code, sexual

assault under Section 22.011, Penal Code, or aggravated sexual

assault under Section 22.021, Penal Code;

(F) failure to make a reasonable effort to

prevent sexual conduct harmful to a child;

(G) compelling or encouraging the child to engage

in sexual conduct as defined by Section 43.01, Penal Code,

including compelling or encouraging the child in a manner that

constitutes an offense of trafficking of persons under Section

20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under

Section 43.021, Penal Code, or compelling prostitution under

Section 43.05(a)(2), Penal Code;

(H) causing, permitting, encouraging, engaging

in, or allowing the photographing, filming, or depicting of the

child if the person knew or should have known that the resulting

photograph, film, or depiction of the child is obscene as defined by

Section 43.21, Penal Code, or pornographic;

(I) the current use by a person of a controlled

substance as defined by Chapter 481, Health and Safety Code, in a

manner or to the extent that the use results in physical, mental, or

emotional injury to a child;

(J) causing, expressly permitting, or

encouraging a child to use a controlled substance as defined by

Chapter 481, Health and Safety Code;

(K) causing, permitting, encouraging, engaging

in, or allowing a sexual performance by a child as defined by

Section 43.25, Penal Code;

(L) knowingly causing, permitting, encouraging,

engaging in, or allowing a child to be trafficked in a manner

punishable as an offense under Section 20A.02(a)(5), (6), (7), or

(8), Penal Code, or the failure to make a reasonable effort to

prevent a child from being trafficked in a manner punishable as an

offense under any of those sections; or

(M) forcing or coercing a child to enter into a

marriage.

(3-a) "Law enforcement agency" means:

(A) the Department of Public Safety;

(B) the police department of a municipality;

(C) the sheriff's office of a county; or

(D) a constable's office of a county.

SECTION 2. Section 261.103(a), Family Code, is amended to

read as follows:

(a) Except as provided by Subsections (b) and (c) and

Section 261.405, a report shall be made to:

(1) a [ 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 3. Sections 261.104(b) and (d), 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 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 a [ 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 261.201; or

(B) to a law enforcement officer for the purposes

of conducting a criminal investigation of the report.

(d) If a report of abuse or neglect is made orally, the

department or [ local or state ] law enforcement agency receiving the

report shall:

(1) notify the individual making the report that:

(A) the report is being recorded; and

(B) making a false report is a criminal offense

under Section 261.107 punishable as a state jail felony or a third

degree felony; and

(2) make an audio recording of the report.

SECTION 4. Sections 261.105(a), (b), and (d), Family Code,

are amended to read as follows:

(a) All reports received by a [ local or state ] law

enforcement agency that allege abuse or neglect by a person

responsible for a child's care, custody, or welfare shall be

referred immediately to the department.

(b) The department shall immediately notify the appropriate

[ state or local ] law enforcement agency of any report it receives,

other than a report from a law enforcement agency, that concerns the

suspected abuse or neglect of a child or death of a child from abuse

or neglect.

(d) If the department initiates an investigation and

determines that the abuse or neglect does not involve a person

responsible for the child's care, custody, or welfare, the

department shall refer the report to the appropriate [ a ] law

enforcement agency for further investigation. If the department

determines that the abuse or neglect involves an employee of a

public or private elementary or secondary school, [ and that the

child is a student at the school, ] the department shall [ orally ]

notify , in writing, the superintendent of the school district, the

director of the open-enrollment charter school, or the chief

executive officer of the private school in which the employee is

employed about the investigation. The written notice required by

this subsection may be provided by e-mail to the official e-mail

address of the appropriate official, if that e-mail address is

publicly available.

SECTION 5. Sections 261.301(a) and (c), Family Code, are

amended to read as follows:

(a) With assistance from the appropriate [ state or local ]

law enforcement agency as provided by this section, the department

shall make a prompt and thorough investigation of a report of child

abuse or neglect allegedly committed by a person responsible for a

child's care, custody, or welfare. The investigation shall be

conducted without regard to any pending suit affecting the

parent-child relationship.

(c) The department is not required to investigate a report

that alleges child abuse, neglect, or exploitation by a person

other than a person responsible for a child's care, custody, or

welfare. The appropriate [ state or local ] law enforcement agency

shall investigate that report if the agency determines an

investigation should be conducted.

SECTION 6. Section 261.304(a), Family Code, is amended to

read as follows:

(a) If an individual makes an anonymous report of child

abuse or neglect by a person responsible for a child's care,

custody, or welfare to a [ local or state ] law enforcement agency and

the agency refers the report to the department, the department

shall conduct a preliminary investigation to determine whether

there is any evidence to corroborate the report.

SECTION 7. Section 261.402(b), Family Code, is amended to

read as follows:

(b) A state agency shall immediately notify the appropriate

[ state or local ] law enforcement agency of any report the agency

receives, other than a report from a law enforcement agency, that

concerns the suspected abuse, neglect, or exploitation of a child

or the death of a child from abuse or neglect. If the state agency

finds evidence indicating that a child may have been abused,

neglected, or exploited, the agency shall report the evidence to

the appropriate law enforcement agency.

SECTION 8. This Act takes effect September 1, 2025.