87R1807 MCK-D
By: Gates H.B. No. 1098
A BILL TO BE ENTITLED
AN ACT
relating to reports of child abuse or neglect and certain
preliminary investigations of those reports.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.104, Family Code, is amended to read
as follows:
Sec. 261.104. CONTENTS OF REPORT; NOTICE. (a) The person
making a report shall identify, if known:
(1) the name and address of the child;
(2) the name and address of the person responsible for
the care, custody, or welfare of the child; [and]
(3) the facts that caused the person to believe the
child has been abused or neglected and the source of the
information;
(4) the person's name and telephone number;
(5) the person's:
(A) home address; or
(B) if the person is a professional as defined by
Section 261.101(b), the person's business address and profession;
and
(6) any other pertinent information concerning the
alleged or suspected abuse or neglect.
(b) If the person making a report of child abuse or neglect
uses the toll-free telephone number operated by the department for
reporting child abuse or neglect and the person is unwilling to
provide the information described by Subsection (a)(4), the
department representative receiving the report shall notify the
person that:
(1) the department is not authorized to accept an
anonymous report of abuse or neglect; and
(2) the person may report the abuse or neglect by
calling 9-1-1 or making a report to any local or state law
enforcement agency.
(c) The department representative or other person receiving
a report of child abuse or neglect shall use the person's best
efforts to obtain the information described by Subsection (a).
(d) If a report of abuse or neglect is made orally, the
department representative or other person receiving the report
shall:
(1) notify the person making the report that:
(A) the report is being recorded; and
(B) making a false report is a criminal offense
under Section 261.107 punishable as a state jail felony or a third
degree felony; and
(2) make an audio recording of the report.
SECTION 2. Section 261.304, Family Code, is amended to read
as follows:
Sec. 261.304. PRELIMINARY INVESTIGATION OF ANONYMOUS
REPORT. (a) If an individual makes [the department receives] an
anonymous report of child abuse or neglect by a person responsible
for a child's care, custody, or welfare to a 9-1-1 service or a
local or state law enforcement agency and the service or agency
refers the report to the department, the department shall conduct a
preliminary investigation to determine whether there is any
evidence to corroborate the report. A law enforcement officer may
not accompany the department representative on a visit to the
child's home during any preliminary investigation conducted under
this section.
(b) A preliminary [An] investigation conducted under this
section may include:
(1) a visit to the child's home, unless the alleged
abuse or neglect is [can be] confirmed or clearly ruled out without
a home visit;
(2) [,] an interview with and examination of the
child;
(3) [, and] an interview with the child's parents; and
(4) an [. In addition, the department may] interview
with any other person the department believes may have relevant
information, if the person voluntarily consents to the interview
without any coercion or undue influence.
(b-1) When conducting a preliminary investigation under
this section, the department representative may not:
(1) enter the child's home without the homeowner's
consent;
(2) interview the child or the child's parents or
examine the child unless the representative obtains written consent
for the interview or examination from the child's parents; or
(3) threaten or coerce a parent to consent to an
interview or examination under this section, including by notifying
the parents that law enforcement will be called if the parents fail
to cooperate with the investigation.
(b-2) When interviewing or examining a child under this
section, the department representative may not separate the child
from the child's parents. An examination of a child under this
section may only be visual. The representative may not touch or
disrobe the child when conducting the examination.
(c) Unless the department determines that there is
sufficient [some] evidence to corroborate the report of abuse, the
department may not conduct the thorough investigation required by
this chapter or take any action against the person accused of abuse.
SECTION 3. This Act takes effect September 1, 2021.