Texas 2021 - 87th Regular

Texas House Bill HB1098 Compare Versions

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

Old	New	Differences
1	1	87R1807 MCK-D
2	2	By: Gates H.B. No. 1098
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to reports of child abuse or neglect and certain
8	8	preliminary investigations of those reports.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 261.104, Family Code, is amended to read
11	11	as follows:
12	12	Sec. 261.104. CONTENTS OF REPORT; NOTICE. (a) The person
13	13	making a report shall identify, if known:
14	14	(1) the name and address of the child;
15	15	(2) the name and address of the person responsible for
16	16	the care, custody, or welfare of the child; [and]
17	17	(3) the facts that caused the person to believe the
18	18	child has been abused or neglected and the source of the
19	19	information;
20	20	(4) the person's name and telephone number;
21	21	(5) the person's:
22	22	(A) home address; or
23	23	(B) if the person is a professional as defined by
24	24	Section 261.101(b), the person's business address and profession;
25	25	and
26	26	(6) any other pertinent information concerning the
27	27	alleged or suspected abuse or neglect.
28	28	(b) If the person making a report of child abuse or neglect
29	29	uses the toll-free telephone number operated by the department for
30	30	reporting child abuse or neglect and the person is unwilling to
31	31	provide the information described by Subsection (a)(4), the
32	32	department representative receiving the report shall notify the
33	33	person that:
34	34	(1) the department is not authorized to accept an
35	35	anonymous report of abuse or neglect; and
36	36	(2) the person may report the abuse or neglect by
37	37	calling 9-1-1 or making a report to any local or state law
38	38	enforcement agency.
39	39	(c) The department representative or other person receiving
40	40	a report of child abuse or neglect shall use the person's best
41	41	efforts to obtain the information described by Subsection (a).
42	42	(d) If a report of abuse or neglect is made orally, the
43	43	department representative or other person receiving the report
44	44	shall:
45	45	(1) notify the person making the report that:
46	46	(A) the report is being recorded; and
47	47	(B) making a false report is a criminal offense
48	48	under Section 261.107 punishable as a state jail felony or a third
49	49	degree felony; and
50	50	(2) make an audio recording of the report.
51	51	SECTION 2. Section 261.304, Family Code, is amended to read
52	52	as follows:
53	53	Sec. 261.304. PRELIMINARY INVESTIGATION OF ANONYMOUS
54	54	REPORT. (a) If an individual makes [the department receives] an
55	55	anonymous report of child abuse or neglect by a person responsible
56	56	for a child's care, custody, or welfare to a 9-1-1 service or a
57	57	local or state law enforcement agency and the service or agency
58	58	refers the report to the department, the department shall conduct a
59	59	preliminary investigation to determine whether there is any
60	60	evidence to corroborate the report. A law enforcement officer may
61	61	not accompany the department representative on a visit to the
62	62	child's home during any preliminary investigation conducted under
63	63	this section.
64	64	(b) A preliminary [An] investigation conducted under this
65	65	section may include:
66	66	(1) a visit to the child's home, unless the alleged
67	67	abuse or neglect is [can be] confirmed or clearly ruled out without
68	68	a home visit;
69	69	(2) [,] an interview with and examination of the
70	70	child;
71	71	(3) [, and] an interview with the child's parents; and
72	72	(4) an [. In addition, the department may] interview
73	73	with any other person the department believes may have relevant
74	74	information, if the person voluntarily consents to the interview
75	75	without any coercion or undue influence.
76	76	(b-1) When conducting a preliminary investigation under
77	77	this section, the department representative may not:
78	78	(1) enter the child's home without the homeowner's
79	79	consent;
80	80	(2) interview the child or the child's parents or
81	81	examine the child unless the representative obtains written consent
82	82	for the interview or examination from the child's parents; or
83	83	(3) threaten or coerce a parent to consent to an
84	84	interview or examination under this section, including by notifying
85	85	the parents that law enforcement will be called if the parents fail
86	86	to cooperate with the investigation.
87	87	(b-2) When interviewing or examining a child under this
88	88	section, the department representative may not separate the child
89	89	from the child's parents. An examination of a child under this
90	90	section may only be visual. The representative may not touch or
91	91	disrobe the child when conducting the examination.
92	92	(c) Unless the department determines that there is
93	93	sufficient [some] evidence to corroborate the report of abuse, the
94	94	department may not conduct the thorough investigation required by
95	95	this chapter or take any action against the person accused of abuse.
96	96	SECTION 3. This Act takes effect September 1, 2021.