Texas 2017 - 85th Regular

Texas House Bill HB287 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Johnson of Harris H.B. No. 287
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the definitions of abuse and neglect of a child
7	7	applicable to investigations of abuse and neglect in certain
8	8	facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 261.101(b), Family Code, is amended to
11	11	read as follows:
12	12	(b) If a professional has cause to believe that a child has
13	13	been abused or neglected or may be abused or neglected, or that a
14	14	child is a victim of an offense under Section 21.11, Penal Code, and
15	15	the professional has cause to believe that the child has been abused
16	16	as defined by Section 261.001 [or 261.401], the professional shall
17	17	make a report not later than the 48th hour after the hour the
18	18	professional first suspects that the child has been or may be abused
19	19	or neglected or is a victim of an offense under Section 21.11, Penal
20	20	Code. A professional may not delegate to or rely on another person
21	21	to make the report. In this subsection, "professional" means an
22	22	individual who is licensed or certified by the state or who is an
23	23	employee of a facility licensed, certified, or operated by the
24	24	state and who, in the normal course of official duties or duties for
25	25	which a license or certification is required, has direct contact
26	26	with children. The term includes teachers, nurses, doctors,
27	27	day-care employees, employees of a clinic or health care facility
28	28	that provides reproductive services, juvenile probation officers,
29	29	and juvenile detention or correctional officers.
30	30	SECTION 2. Section 261.401(a), Family Code, is amended to
31	31	read as follows:
32	32	(a) In [Notwithstanding Section 261.001, in] this section,
33	33	"exploitation"[:
34	34	[(1) "Abuse" means an intentional, knowing, or reckless
35	35	act or omission by an employee, volunteer, or other individual
36	36	working under the auspices of a facility or program that causes or
37	37	may cause emotional harm or physical injury to, or the death of, a
38	38	child served by the facility or program as further described by rule
39	39	or policy.
40	40	[(2) "Exploitation"] means the illegal or improper use
41	41	of a child or of the resources of a child for monetary or personal
42	42	benefit, profit, or gain by an employee, volunteer, or other
43	43	individual working under the auspices of a facility or program as
44	44	further described by rule or policy.
45	45	[(3) "Neglect" means a negligent act or omission by an
46	46	employee, volunteer, or other individual working under the auspices
47	47	of a facility or program, including failure to comply with an
48	48	individual treatment plan, plan of care, or individualized service
49	49	plan, that causes or may cause substantial emotional harm or
50	50	physical injury to, or the death of, a child served by the facility
51	51	or program as further described by rule or policy.]
52	52	SECTION 3. Section 42.002(23), Human Resources Code, is
53	53	amended to read as follows:
54	54	(23) "Other maltreatment" means:
55	55	(A) abuse, as defined by Section 261.001 [or
56	56	261.401], Family Code; or
57	57	(B) neglect, as defined by Section 261.001 [or
58	58	261.401], Family Code.
59	59	SECTION 4. Section 42.044(c-1), Human Resources Code, is
60	60	amended to read as follows:
61	61	(c-1) The department:
62	62	(1) shall investigate a listed family home if the
63	63	department receives a complaint that:
64	64	(A) a child in the home has been abused or
65	65	neglected, as defined by Section 261.001 [261.401], Family Code; or
66	66	(B) otherwise alleges an immediate risk of danger
67	67	to the health or safety of a child being cared for in the home; and
68	68	(2) may investigate a listed family home to ensure
69	69	that the home is providing care for compensation to not more than
70	70	three children, excluding children who are related to the
71	71	caretaker.
72	72	SECTION 5. (a) The changes in law made by this Act apply
73	73	only to a report of suspected abuse or neglect of a child that is
74	74	made on or after the effective date of this Act. A report of
75	75	suspected abuse or neglect that is made before that date is governed
76	76	by the law in effect on the date the report was made, and that law is
77	77	continued in effect for that purpose.
78	78	(b) The changes in law made by this Act apply only to an
79	79	offense committed on or after the effective date of this Act. An
80	80	offense committed before that date is governed by the law in effect
81	81	when the offense was committed, and the former law is continued in
82	82	effect for that purpose. For the purposes of this section, an
83	83	offense was committed before the effective date of this Act if any
84	84	element of the offense occurred before that date.
85	85	SECTION 6. This Act takes effect September 1, 2017.