Texas 2019 - 86th Regular

Texas House Bill HB4189

Caption

Relating to the duty of certain professionals to report child abuse and neglect.

Impact

The bill introduces stricter regulations for professionals in a variety of fields, including education, healthcare, and social services. By clearly defining which professionals must report and the timeline for reporting, HB4189 aims to enhance the protective measures for children who may be victims of abuse or neglect. Amendments also extend the reporting duty to include disclosures regarding adults who were victims of child abuse if such disclosures are necessary for the protection of potentially at-risk individuals. This extension underscores a broader protective intent of the legislation.

Summary

House Bill 4189 focuses on updating the legal requirements related to the reporting of child abuse and neglect by certain professionals in Texas. The bill amends the Family Code, specifically Section 261.101, to establish clearer responsibilities for licensed individuals and employees of licensed facilities who have direct contact with children. Under the new provisions, professionals who have actual knowledge of abuse or neglect are required to report it within 48 hours, and they are not allowed to delegate this reporting responsibility to others, thereby emphasizing the personal accountability of these professionals.

Contention

There may be points of contention surrounding the implications of the new reporting requirements. Some stakeholders may argue that the burden placed on professionals could lead to heightened anxiety and overreporting, potentially overwhelming child protective services. Concerns may also arise regarding the clarity of 'actual knowledge' and how it is defined, as this can affect a professional's decision on whether to report incidents. Additionally, advocates for children's rights may view the bill as a positive step, while those who focus on the rights of professionals could express worries about the legal implications of misinterpretations or misjudgments regarding reporting duties.

Companion Bills

No companion bills found.

Previously Filed As

TX HB1667

Relating to the reporting of child abuse or neglect.

TX HB63

Relating to reports of child abuse or neglect and certain preliminary investigations of those reports.

TX SB673

Relating to the reporting and investigating certain causes of child abuse or neglect involving a pregnant woman's use of a controlled substance.

TX SB515

Relating to investigations of child abuse and neglect and the procedures for adding names to or removing names from the central registry of child abuse and neglect.

TX HB811

Relating to reporting and investigating certain cases of child abuse or neglect involving a pregnant person's use of a controlled substance.

TX HB4696

Relating to the reporting and investigation of certain allegations of abuse, neglect, and exploitation, the making and investigation of complaints alleging violations of certain health facility licensing requirements, and the content of the employee misconduct registry.

TX HB3143

Relating to the reporting requirement for certain prohibited conduct by an employee of a public school and the definitions of abuse and neglect of a child.

TX HB2029

Relating to the definitions of abuse and neglect of a child.

TX SB1611

Relating to the definitions of abuse and neglect of a child.

TX HB3400

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.

Similar Bills

CA AB586

Professional fiduciaries.

NJ A2285

Establishes process for formation of professional limited liability companies.

NJ S1425

Revises "The Professional Service Corporation Act."

MS SB2133

Mississippi Design Professionals Act; enact.

MS SB2217

Mississippi Design Professionals Act; enact.

MI HB4172

Probate: guardians and conservators; requirements to be appointed as guardian or conservator; modify. Amends title & secs. 5106, 5108a, 5313 & 5409 of 1998 PA 386 (MCL 700.5106 et seq.) & adds secs. 5106a & 5106b. TIE BAR WITH: HB 4171'23

CA SB1024

Replacement of an incapacitated or deceased professional fiduciary.

MI HB4728

Occupations: individual licensing and registration; licensure of professional guardians and conservators; require. Amends sec. 303a of 1980 PA 299 (MCL 339.303a) & adds art. 14A.