Bill Text: TX HB1667 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the reporting of child abuse or neglect.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2023-05-24 - Placed on intent calendar [HB1667 Detail]
Download: Texas-2023-HB1667-Introduced.html
Bill Title: Relating to the reporting of child abuse or neglect.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2023-05-24 - Placed on intent calendar [HB1667 Detail]
Download: Texas-2023-HB1667-Introduced.html
88R4758 MM-D | ||
By: Jetton | H.B. No. 1667 |
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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) [ |
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SECTION 2. Section 261.101, Family Code, is amended to read | ||
as follows: | ||
Sec. 261.101. PROFESSIONALS [ |
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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 [ |
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(b) Except as provided by Section 261.1031, [ |
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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[ |
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(b-1) A professional may not delegate to or rely on another | ||
person to make the report required by this section. [ |
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(b-2) [ |
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Subsection [ |
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report in the manner required by Subsection [ |
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to believe that an adult was a victim of abuse or neglect as a child | ||
and the [ |
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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 [ |
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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 [ |
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making the report, the identity of a professional [ |
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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 [ |
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(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 [ |
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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; [ |
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(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) [ |
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provided in this chapter. | ||
(a-1) A person who is a professional as defined by Section | ||
261.101(a) who [ |
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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 [ |
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(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) [ |
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[ |
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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) [ |
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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) | ||
[ |
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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. |