By: West S.B. No. 939
(In the Senate - Filed February 28, 2013; March 12, 2013,
read first time and referred to Committee on Health and Human
Services; April 8, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
April 8, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 939 By: West
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. Subsection (a), Section 38.004, 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. Each school district
and open-enrollment charter school shall adopt the policy.
SECTION 2. Subsection (c), Section 38.0041, 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.
(c) Each institution of higher education shall provide
training for employees who are professionals as defined by Section
261.101, Family Code, in prevention techniques for and the
recognition of symptoms of 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. This Act takes effect September 1, 2013.
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