Texas 2013 83rd Regular

Texas Senate Bill SB939 Introduced / Bill

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                    83R5020 MCK-F
 By: West S.B. No. 939


 A BILL TO BE ENTITLED
 AN ACT
 relating to reporting child abuse and neglect and to training
 regarding recognizing and reporting child abuse and neglect at
 schools, institutions of higher education, and other entities.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 38.004(a), Education Code, is amended to
 read as follows:
 (a)  The agency shall develop a policy governing the reports
 of child abuse or neglect [reports] required by Chapter 261, Family
 Code, of school districts, open-enrollment charter schools, 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 and open-enrollment
 charter school employee to report child abuse or neglect in the
 manner required by Chapter 261, Family Code.  The policy may not
 permit or require a school district or open-enrollment charter
 school employee to report child abuse or neglect to the employee's
 supervisor before the employee makes the report required by Chapter
 261, Family Code.  Each school district and open-enrollment charter
 school shall adopt the policy.
 SECTION 2.  Section 38.0041(c), Education Code, is amended
 to read as follows:
 (c)  The methods under Subsection (b)(1) for increasing
 awareness of issues regarding sexual abuse and other maltreatment
 of children must include training, as provided by this subsection,
 concerning prevention techniques for and recognition of sexual
 abuse and all other maltreatment of children.  The training:
 (1)  must be provided, as part of a new employee
 orientation, to all new school district and open-enrollment charter
 school employees and to existing district and open-enrollment
 charter school employees on a schedule adopted by the agency by rule
 until all district and open-enrollment charter school employees
 have taken the training [educators, including counselors and
 coaches, and other district and charter school professional staff
 members]; and
 (2)  [may be provided annually to any district or
 charter school staff member; and
 [(3)]  must include training concerning:
 (A)  factors indicating a child is at risk for
 sexual abuse or other maltreatment;
 (B)  likely warning signs indicating a child may
 be a victim of sexual abuse or other maltreatment;
 (C)  internal procedures for seeking assistance
 for a child who is at risk for sexual abuse or other maltreatment,
 including referral to a school counselor, a social worker, or
 another mental health professional;
 (D)  techniques for reducing a child's risk of
 sexual abuse or other maltreatment; and
 (E)  community organizations that have relevant
 existing research-based programs that are able to provide training
 or other education for school district or open-enrollment charter
 school staff members, students, and parents.
 SECTION 3.  Subchapter Z, Chapter 51, Education Code, is
 amended by adding Section 51.9761 to read as follows:
 Sec. 51.9761. CHILD ABUSE REPORTING POLICY AND TRAINING.
 (a)  In this section, "other maltreatment" has the meaning assigned
 by Section 42.002, Human Resources Code.
 (b)  Each institution of higher education shall adopt a
 policy governing the reporting of child abuse and neglect as
 required by Chapter 261, Family Code, for the institution and its
 employees. The policy must require each employee of the institution
 to report child abuse and neglect in the manner required by Chapter
 261, Family Code.  The policy may not permit or require an employee
 to report child abuse and neglect to the employee's supervisor
 before the employee makes the report required by Chapter 261,
 Family Code.
 (c)  Each institution of higher education shall provide
 training for employees who are professionals as defined by Section
 261.101, Family Code, in recognizing and preventing sexual abuse
 and other maltreatment of children and the responsibility and
 procedure of reporting suspected occurrences of sexual abuse and
 other maltreatment.  The training must include:
 (1)  techniques for reducing a child's risk of sexual
 abuse or other maltreatment;
 (2)  factors indicating a child is at risk for sexual
 abuse or other maltreatment;
 (3)  the warning signs and symptoms associated with
 sexual abuse or other maltreatment and recognition of those signs
 and symptoms; and
 (4)  the requirements and procedures for reporting
 suspected sexual abuse or other maltreatment as provided by Chapter
 261, Family Code.
 SECTION 4.  Section 42.0426, Human Resources Code, is
 amended by adding Subsection (a-1) to read as follows:
 (a-1)  A licensed facility shall require each employee of the
 facility who attends a training program required by Subsection
 (a)(1) to sign a statement verifying the employee's attendance at
 the training program.  The licensed facility shall maintain the
 statement in the employee's personnel records.
 SECTION 5.  Section 42.04261(a), Human Resources Code, is
 amended to read as follows:
 (a)  Notwithstanding Section 42.0426(a)(1), a child-placing
 agency or day-care center shall provide training for staff members
 in:
 (1)  [prevention] techniques for recognizing [and] the
 [recognition of] symptoms of and preventing sexual abuse and other
 maltreatment of children; and
 (2)  the responsibility and procedure for [of]
 reporting suspected occurrences of sexual abuse and other
 maltreatment of children to the department or other appropriate
 entities [entity].
 SECTION 6.  This Act takes effect September 1, 2013.