By: Jetton, et al. H.B. No. 1667
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of child abuse or neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 104.007(a), Family Code, is amended to
read as follows:
(a) In this section, "professional" has the meaning
assigned by Section 261.101(a) [261.101(b)].
SECTION 2. Section 261.101, Family Code, is amended to read
as follows:
Sec. 261.101. PROFESSIONALS [PERSONS] REQUIRED TO REPORT;
TIME TO REPORT. (a) In this section, "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 [A person having
reasonable cause to believe that a child's physical or mental
health or welfare has been adversely affected by abuse or neglect by
any person shall immediately make a report as provided by this
subchapter].
(b) Except as provided by Section 261.1031, [If] a
professional shall make a report as provided by this subchapter if
the professional has reasonable cause to believe that a child has
been abused or neglected or may be abused or neglected not later
than the 48th hour after the hour the professional first has
reasonable cause to believe that the child has been 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 reasonable
cause to believe that the child has been abused as defined by
Section 261.001, the professional shall make a report not later
than the 48th hour after the hour the professional first has
reasonable cause to believe that the child has been or may be abused
or neglected or is a victim of an offense under Section 21.11, Penal
Code].
(b-1) A professional may not delegate to or rely on another
person to make the report required by this section. [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.]
(b-2) [(b-1)] In addition to the duty to make a report under
Subsection [(a) or] (b), a [person or] professional shall make a
report in the manner required by Subsection [(a) or] (b)[, as
applicable,] if the [person or] professional has reasonable cause
to believe that an adult was a victim of abuse or neglect as a child
and the [person or] professional determines in good faith that
disclosure of the information is necessary to protect the health
and safety of:
(1) another child; or
(2) an elderly person or person with a disability as
defined by Section 48.002, Human Resources Code.
(c) The requirement to report under this section applies
without exception to a professional [an individual] whose personal
communications may otherwise be privileged, including an attorney,
a member of the clergy, a medical practitioner, a social worker, a
mental health professional, an employee or member of a board that
licenses or certifies a professional, and an employee of a clinic or
health care facility that provides reproductive services.
(d) Unless waived in writing by the professional [person]
making the report, the identity of a professional [an individual]
making a report under this chapter is confidential and may be
disclosed only:
(1) as provided by Section 261.201; or
(2) to a law enforcement officer for the purposes of
conducting a criminal investigation of the report.
SECTION 3. Subchapter B, Chapter 261, Family Code, is
amended by adding Section 261.1011 to read as follows:
Sec. 261.1011. OTHER REPORTS OF ABUSE AND NEGLECT. (a) A
person who is not a professional as defined by Section 261.101:
(1) shall make a report as provided by this subchapter
if the person witnesses the sexual abuse, sexual assault, or
physical abuse of a child by any person; and
(2) may make a report as provided by this subchapter if
the person has reasonable cause to believe that a child's physical
or mental health or welfare has been adversely affected by abuse or
neglect by any person.
(b) The identity of a person making a report under this
section is confidential and may be disclosed only:
(1) as provided by Section 261.201;
(2) to a law enforcement officer for the purposes of
conducting a criminal investigation of the report; or
(3) if the person authorizes the disclosure in
writing.
SECTION 4. Section 261.102, Family Code, is amended to read
as follows:
Sec. 261.102. MATTERS TO BE REPORTED. (a) A report should
reflect the reporter's belief that a child has been or may be abused
or neglected or has died of abuse or neglect.
(b) A person is not required to report concerns that:
(1) are solely related to:
(A) a child's behavior;
(B) truancy; or
(C) conditions of poverty, including a lack of
adequate clothing, housing instability, or lack of utilities in the
child's home; and
(2) do not adversely affect the child's physical or
mental health or welfare.
SECTION 5. Subchapter B, Chapter 261, Family Code, is
amended by adding Section 261.1021 to read as follows:
Sec. 261.1021. REQUIRED TRAINING. (a) Professionals
required to make a report under Section 261.101 must receive
training regarding reporting requirements under this subchapter.
The training must include information regarding:
(1) matters to be reported under Section 261.102;
(2) alternatives to reporting and matters that may be
referred to community-based prevention or family preservation
services providers under Section 261.1031; and
(3) the procedures for making a report required under
this subchapter.
(b) The department shall develop a training program for
professionals required to make a report under Section 261.101 that
includes the information required under Subsection (a).
SECTION 6. Section 261.103(a), Family Code, is amended to
read as follows:
(a) Except as provided by Subsections (b) and (c) and
Sections 261.1031 and [Section] 261.405, a report shall be made to:
(1) any local or state law enforcement agency;
(2) the department; or
(3) the state agency that operates, licenses,
certifies, or registers the facility in which the alleged abuse or
neglect occurred.
SECTION 7. Subchapter B, Chapter 261, Family Code, is
amended by adding Sections 261.1031 and 261.1032 to read as
follows:
Sec. 261.1031. REFERRAL TO COMMUNITY-BASED PREVENTION OR
FAMILY PRESERVATION SERVICES PROVIDER. (a) Except as provided by
Subsection (d), a professional required to make a report under
Section 261.101(b) may refer the family to a community-based
prevention or family preservation services provider instead of the
entities listed under Section 261.103(a) if the professional has
reasonable cause to believe the child is not at risk of abuse or
neglect based on concerns described by Section 261.102(b).
(b) A professional who makes a referral under this section
shall make reasonable efforts to ensure that the family who is the
subject of the referral is connected with an appropriate
community-based prevention or family preservation services
provider.
(c) A community-based prevention or family preservation
services provider that receives a referral under Subsection (a)
shall make reasonable efforts to provide appropriate resources or
referrals to enhance the parents' ability to provide a safe and
stable home environment for a child who is the subject of the
referral.
(d) This section does not apply to cases in which a
professional has reasonable cause to believe that a child has been
or may be subjected to aggravated circumstances as described by
Section 262.2015.
(e) Nothing in this section may be construed to require a
community-based prevention or family preservation services
provider to provide services that the provider does not have the
resources, including funding, to provide.
Sec. 261.1032. IMPLEMENTATION STUDY AUTHORIZED. (a) The
department may, in collaboration with single source continuum
contractors, local or regional helplines, hospital systems,
independent school districts, law enforcement agencies, and
community-based prevention or family preservation services
providers, study the implementation of Section 261.1031 in at least
one child protective services region in which community-based care
has been implemented under Subchapter B-1, Chapter 264. A study
under this section must:
(1) explore and identify strategies for maximizing
referrals for and delivery of community-based prevention or family
preservation services in the region;
(2) determine whether a directory of community-based
prevention or family preservation resources has been established;
(3) assess the effectiveness of community-based
prevention or family preservation services at promoting child
safety and preventing entry into foster care;
(4) assess the effect that community education and
promotion of the referral process under Section 261.1031 had on the
number of families that received a referral for community-based
prevention or family preservation services;
(5) determine whether the training required under
Section 261.1021 is being provided;
(6) determine whether best practices for efficiently
connecting families with community-based prevention or family
preservation services providers have been developed;
(7) identify gaps in the availability of
community-based prevention or family preservation services in the
region; and
(8) recommend strategies for increasing the
availability of effective community-based prevention or family
preservation services in the region.
(b) Not later than November 1 of the calendar year in which a
study authorized under this section is conducted, the department
shall prepare and submit a report of the study to the governor, the
lieutenant governor, the speaker of the house of representatives,
and the chairs of the house and senate committees with primary
jurisdiction over the department.
(c) The department may conduct a study under this section
only using federal or private grant funds. The department shall
explore and seek opportunities for obtaining federal and private
funds to perform a study under this section.
SECTION 8. Section 261.104, Family Code, is amended to read
as follows:
Sec. 261.104. CONTENTS OF REPORT. (a) The person making a
report shall provide the following information [identify], if
known, to the agency to which the report is made:
(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 reporting person's name and contact
information; and
(4) any other pertinent information concerning the
alleged or suspected abuse or neglect.
(b) The department shall make reasonable efforts to obtain
the information required under Subsection (a). If the department
is unable to obtain the reporting person's name and contact
information, the department may investigate the report as provided
by Section 261.304.
SECTION 9. Subchapter B, Chapter 261, Family Code, is
amended by adding Section 261.1041 to read as follows:
Sec. 261.1041. REQUIRED DISCLOSURES. An agency or
organization receiving a report of child abuse or neglect shall
inform the person making the report that:
(1) the person is required to provide the person's name
and contact information to the agency or organization;
(2) the person's identity is confidential and may be
disclosed only as provided by Section 261.101(d) or 261.1011(b);
and
(3) knowingly making a false report with the intent to
deceive is a criminal offense under Section 261.107.
SECTION 10. Section 261.109, Family Code, is amended to
read as follows:
Sec. 261.109. FAILURE TO REPORT; PENALTY. (a) A person who
is a professional as defined by Section 261.101(a) commits an
offense if the person is required to make a report under Section
261.101(b) [261.101(a)] and knowingly fails to make a report as
provided in this chapter.
(a-1) A person who is a professional as defined by Section
261.101(a) who [261.101(b) commits an offense if the person] is
required to make a report under Section 261.101(b) does not commit
an offense if the person refers the child's family to an appropriate
community-based prevention or family preservation services
provider as provided by Section 261.1031 instead of making the
required [and knowingly fails to make a] report [as provided in this
chapter].
(b) An offense under Subsection (a) is a Class A
misdemeanor, except that the offense is a state jail felony if it is
shown on the trial of the offense that:
(1) the child was a person with an intellectual
disability who resided in a state supported living center, the
ICF-IID component of the Rio Grande State Center, or a facility
licensed under Chapter 252, Health and Safety Code, and the actor
knew that the child had suffered serious bodily injury as a result
of the abuse or neglect; or
(2) [.
[(c) An offense under Subsection (a-1) is a Class A
misdemeanor, except that the offense is a state jail felony if it is
shown on the trial of the offense that] the actor intended to
conceal the abuse or neglect.
SECTION 11. Section 261.110(a)(2), Family Code, is amended
to read as follows:
(2) "Professional" has the meaning assigned by Section
261.101(a) [261.101(b)].
SECTION 12. Section 261.201(b-1), Family Code, is amended
to read as follows:
(b-1) On a motion of one of the parties in a contested case
before an administrative law judge relating to the license or
certification of a professional, as defined by Section 261.101(a)
[261.101(b)], or an educator, as defined by Section 5.001,
Education Code, the administrative law judge may order the
disclosure of information that is confidential under this section
that relates to the matter before the administrative law judge
after a hearing for which notice is provided as required by
Subsection (b)(2) and making the review and determination required
by Subsection (b)(3). Before the department may release
information under this subsection, the department must edit the
information to protect the confidentiality of the identity of any
person who makes a report of abuse or neglect.
SECTION 13. 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.
SECTION 14. This Act takes effect September 1, 2023.