Texas 2013 - 83rd Regular

Texas House Bill HB2495 Compare Versions

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Old	New	Differences
1	1	83R20087 MCK-F
2	2	By: Parker, et al. H.B. No. 2495
3	3	Substitute the following for H.B. No. 2495:
4	4	By: Raymond C.S.H.B. No. 2495
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to reporting child abuse and neglect and to training
10	10	regarding recognizing and reporting child abuse and neglect at
11	11	schools, institutions of higher education, and other entities.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 38.004(a), Education Code, is amended to
14	14	read as follows:
15	15	(a) The agency shall develop a policy governing the reports
16	16	of child abuse or neglect [reports] required by Chapter 261, Family
17	17	Code, of school districts, open-enrollment charter schools, and
18	18	their employees. The policy must provide for cooperation with law
19	19	enforcement child abuse investigations without the consent of the
20	20	child's parents if necessary, including investigations by the
21	21	Department of Family and Protective [and Regulatory] Services. The
22	22	policy must require each school district and open-enrollment
23	23	charter school employee to report child abuse or neglect in the
24	24	manner required by Chapter 261, Family Code. Each school district
25	25	and open-enrollment charter school shall adopt the policy.
26	26	SECTION 2. Section 38.0041(c), Education Code, is amended
27	27	to read as follows:
28	28	(c) The methods under Subsection (b)(1) for increasing
29	29	awareness of issues regarding sexual abuse and other maltreatment
30	30	of children must include training, as provided by this subsection,
31	31	concerning prevention techniques for and recognition of sexual
32	32	abuse and all other maltreatment of children. The training:
33	33	(1) must be provided, as part of a new employee
34	34	orientation, to all new school district and open-enrollment charter
35	35	school employees and to existing district and open-enrollment
36	36	charter school employees on a schedule adopted by the agency by rule
37	37	until all district and open-enrollment charter school employees
38	38	have taken the training [educators, including counselors and
39	39	coaches, and other district and charter school professional staff
40	40	members]; and
41	41	(2) [may be provided annually to any district or
42	42	charter school staff member; and
43	43	[(3)] must include training concerning:
44	44	(A) factors indicating a child is at risk for
45	45	sexual abuse or other maltreatment;
46	46	(B) likely warning signs indicating a child may
47	47	be a victim of sexual abuse or other maltreatment;
48	48	(C) internal procedures for seeking assistance
49	49	for a child who is at risk for sexual abuse or other maltreatment,
50	50	including referral to a school counselor, a social worker, or
51	51	another mental health professional;
52	52	(D) techniques for reducing a child's risk of
53	53	sexual abuse or other maltreatment; and
54	54	(E) community organizations that have relevant
55	55	existing research-based programs that are able to provide training
56	56	or other education for school district or open-enrollment charter
57	57	school staff members, students, and parents.
58	58	SECTION 3. Subchapter Z, Chapter 51, Education Code, is
59	59	amended by adding Section 51.9761 to read as follows:
60	60	Sec. 51.9761. CHILD ABUSE REPORTING POLICY AND TRAINING.
61	61	(a) In this section, "other maltreatment" has the meaning assigned
62	62	by Section 42.002, Human Resources Code.
63	63	(b) Each institution of higher education shall adopt a
64	64	policy governing the reporting of child abuse and neglect as
65	65	required by Chapter 261, Family Code, for the institution and its
66	66	employees. The policy must require each employee of the institution
67	67	to report child abuse and neglect in the manner required by Chapter
68	68	261, Family Code.
69	69	(c) Each institution of higher education shall provide
70	70	training for employees who are professionals as defined by Section
71	71	261.101, Family Code, in prevention techniques for and the
72	72	recognition of symptoms of sexual abuse and other maltreatment of
73	73	children and the responsibility and procedure of reporting
74	74	suspected occurrences of sexual abuse and other maltreatment. The
75	75	training must include:
76	76	(1) techniques for reducing a child's risk of sexual
77	77	abuse or other maltreatment;
78	78	(2) factors indicating a child is at risk for sexual
79	79	abuse or other maltreatment;
80	80	(3) the warning signs and symptoms associated with
81	81	sexual abuse or other maltreatment and recognition of those signs
82	82	and symptoms; and
83	83	(4) the requirements and procedures for reporting
84	84	suspected sexual abuse or other maltreatment as provided by Chapter
85	85	261, Family Code.
86	86	SECTION 4. Section 42.0426, Human Resources Code, is
87	87	amended by adding Subsection (a-1) to read as follows:
88	88	(a-1) A licensed facility shall require each employee of the
89	89	facility who attends a training program required by Subsection
90	90	(a)(1) to sign a statement verifying the employee's attendance at
91	91	the training program. The licensed facility shall maintain the
92	92	statement in the employee's personnel records.
93	93	SECTION 5. This Act takes effect September 1, 2013.