85R1082 MCK-D
By: Hernandez H.B. No. 249
A BILL TO BE ENTITLED
AN ACT
relating to the definitions of abuse and neglect of a child
applicable to investigations of abuse and neglect in certain
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.101(b), Family Code, is amended 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. 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.
SECTION 2. Section 261.401(a), Family Code, is amended to
read as follows:
(a) In [Notwithstanding Section 261.001, in] this section,
"exploitation" [:
[(1) "Abuse" means an intentional, knowing, or
reckless act or omission by an employee, volunteer, or other
individual working under the auspices of a facility or program that
causes or may cause emotional harm or physical injury to, or the
death of, a child served by the facility or program as further
described by rule or policy.
[(2) "Exploitation"] means the illegal or improper use
of a child or of the resources of a child for monetary or personal
benefit, profit, or gain by an employee, volunteer, or other
individual working under the auspices of a facility or program as
further described by rule or policy.
[(3) "Neglect" means a negligent act or omission by an
employee, volunteer, or other individual working under the auspices
of a facility or program, including failure to comply with an
individual treatment plan, plan of care, or individualized service
plan, that causes or may cause substantial emotional harm or
physical injury to, or the death of, a child served by the facility
or program as further described by rule or policy.]
SECTION 3. Section 42.002(23), Human Resources Code, is
amended to read as follows:
(23) "Other maltreatment" means:
(A) abuse, as defined by Section 261.001 [or
261.401], Family Code; or
(B) neglect, as defined by Section 261.001 [or
261.401], Family Code.
SECTION 4. Section 42.044(c-1), Human Resources Code, is
amended to read as follows:
(c-1) The department:
(1) shall investigate a listed family home if the
department receives a complaint that:
(A) a child in the home has been abused or
neglected, as defined by Section 261.001 [261.401], Family Code; or
(B) otherwise alleges an immediate risk of danger
to the health or safety of a child being cared for in the home; and
(2) may investigate a listed family home to ensure
that the home is providing care for compensation to not more than
three children, excluding children who are related to the
caretaker.
SECTION 5. (a) 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.
(b) The changes in law made by this Act apply only to an
offense committed on or after the effective date of this Act. An
offense committed before that date is governed by the law in effect
when the offense was committed, and the former law is continued in
effect for that purpose. For the purposes of this section, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
SECTION 6. This Act takes effect September 1, 2017.