HB1841 - Relating to the reporting of child abuse or neglect.

  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)     det [Text truncated for display. 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