Bill Text: TX HB3403 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to reports of suspected child abuse or neglect and training regarding child abuse and neglect.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-03-19 - Referred to Public Education [HB3403 Detail]

Download: Texas-2013-HB3403-Introduced.html

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83R13218 MCK-D
By: Raymond H.B. No. 3403

A BILL TO BE ENTITLED
AN ACT
relating to reports of suspected child abuse or neglect and
training regarding child abuse and neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.004, Education Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) The agency shall develop a policy governing the reports
of suspected child abuse or neglect [reports] required by Chapter
261, Family Code, of school districts and their employees. The
policy must provide for cooperation with law enforcement child
abuse investigations without the consent of the child's parents if
necessary, including investigations by the Department of Family and
Protective [and Regulatory] Services. The policy must require each
school district employee to report suspected child abuse or neglect
in the manner required by Chapter 261, Family Code. Each school
district shall adopt and distribute the written internal policy. A
school district may not adopt an alternative policy regarding the
reporting of child abuse or neglect.
(c) Each school district may provide annual training for
district employees described by Section 21.003 and coaches in the
recognition of signs of child abuse and neglect and the
responsibility and procedure for reporting suspected child abuse
and neglect. The training program should emphasize:
(1) that each school district employee shall directly
report suspected abuse or neglect in the manner prescribed by
Chapter 261, Family Code;
(2) that the employee's duty to report may not be
delegated to another person;
(3) that the employee may not rely on another person to
make the report; and
(4) the criminal penalties for failure to report
suspected abuse or neglect.
SECTION 2. Section 261.101, Family Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) If a professional has cause to believe that a child has
been abused or neglected 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 cause to believe that the child has been abused
as defined by Section 261.001 or 261.401, the professional shall
make a report not later than the 48th hour after the hour the
professional first suspects that the child has been or may be abused
or neglected or is a victim of an offense under Section 21.11, Penal
Code. A professional may not delegate to or rely on another person
to make the report or make the report only to a supervisor or
administrator in the professional's organization. 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-1) Notwithstanding Subsection (b), a teacher is not
required to report sexual conduct between students that might
constitute an offense if the teacher believes that:
(1) neither student is more than three years older
than the other student;
(2) the sexual conduct is consensual; and
(3) at the time of the conduct:
(A) neither student is required under Chapter 62,
Code of Criminal Procedure, to register for life as a sex offender;
and
(B) neither student is a person who, under
Chapter 62, Code of Criminal Procedure, had a reportable conviction
or adjudication for an offense under Section 21.11, Penal Code.
SECTION 3. The heading to Section 42.0426, Human Resources
Code, is amended to read as follows:
Sec. 42.0426. TRAINING OF PERSONNEL; FACILITY POLICY.
SECTION 4. Section 42.0426, Human Resources Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) Each licensed facility shall develop a policy
governing the duty of employees of the facility and volunteers or
other individuals working at the facility to report suspected child
abuse or neglect as required by Chapter 261, Family Code.
SECTION 5. This Act takes effect September 1, 2013.