Texas 2023 - 88th Regular

Texas House Bill HB1667 Compare Versions

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1	1	By: Jetton, Isaac, Swanson H.B. No. 1667
2	2	(Senate Sponsor - Paxton)
3	3	(In the Senate - Received from the House May 12, 2023;
4	4	May 12, 2023, read first time and referred to Committee on Health &
5	5	Human Services; May 21, 2023, reported favorably by the following
6	6	vote: Yeas 9, Nays 0; May 21, 2023, sent to printer.)
7	7	Click here to see the committee vote
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the reporting of child abuse or neglect.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 104.007(a), Family Code, is amended to
15	15	read as follows:
16	16	(a) In this section, "professional" has the meaning
17	17	assigned by Section 261.101(a) [261.101(b)].
18	18	SECTION 2. Section 261.101, Family Code, is amended to read
19	19	as follows:
20	20	Sec. 261.101. PROFESSIONALS [PERSONS] REQUIRED TO REPORT;
21	21	TIME TO REPORT. (a) In this section, "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 [A person having
30	30	reasonable cause to believe that a child's physical or mental
31	31	health or welfare has been adversely affected by abuse or neglect by
32	32	any person shall immediately make a report as provided by this
33	33	subchapter].
34	34	(b) Except as provided by Section 261.1031, [If] a
35	35	professional shall make a report as provided by this subchapter if
36	36	the professional has reasonable cause to believe that a child has
37	37	been abused or neglected or may be abused or neglected not later
38	38	than the 48th hour after the hour the professional first has
39	39	reasonable cause to believe that the child has been or may be abused
40	40	or neglected[, or that a child is a victim of an offense under
41	41	Section 21.11, Penal Code, and the professional has reasonable
42	42	cause to believe that the child has been abused as defined by
43	43	Section 261.001, the professional shall make a report not later
44	44	than the 48th hour after the hour the professional first has
45	45	reasonable cause to believe that the child has been or may be abused
46	46	or neglected or is a victim of an offense under Section 21.11, Penal
47	47	Code].
48	48	(b-1) A professional may not delegate to or rely on another
49	49	person to make the report required by this section. [In this
50	50	subsection, "professional" means an individual who is licensed or
51	51	certified by the state or who is an employee of a facility licensed,
52	52	certified, or operated by the state and who, in the normal course of
53	53	official duties or duties for which a license or certification is
54	54	required, has direct contact with children. The term includes
55	55	teachers, nurses, doctors, day-care employees, employees of a
56	56	clinic or health care facility that provides reproductive services,
57	57	juvenile probation officers, and juvenile detention or
58	58	correctional officers.]
59	59	(b-2) [(b-1)] In addition to the duty to make a report under
60	60	Subsection [(a) or] (b), a [person or] professional shall make a
61	61	report in the manner required by Subsection [(a) or] (b)[, as
62	62	applicable,] if the [person or] professional has reasonable cause
63	63	to believe that an adult was a victim of abuse or neglect as a child
64	64	and the [person or] professional determines in good faith that
65	65	disclosure of the information is necessary to protect the health
66	66	and safety of:
67	67	(1) another child; or
68	68	(2) an elderly person or person with a disability as
69	69	defined by Section 48.002, Human Resources Code.
70	70	(c) The requirement to report under this section applies
71	71	without exception to a professional [an individual] whose personal
72	72	communications may otherwise be privileged, including an attorney,
73	73	a member of the clergy, a medical practitioner, a social worker, a
74	74	mental health professional, an employee or member of a board that
75	75	licenses or certifies a professional, and an employee of a clinic or
76	76	health care facility that provides reproductive services.
77	77	(d) Unless waived in writing by the professional [person]
78	78	making the report, the identity of a professional [an individual]
79	79	making a report under this chapter is confidential and may be
80	80	disclosed only:
81	81	(1) as provided by Section 261.201; or
82	82	(2) to a law enforcement officer for the purposes of
83	83	conducting a criminal investigation of the report.
84	84	SECTION 3. Subchapter B, Chapter 261, Family Code, is
85	85	amended by adding Section 261.1011 to read as follows:
86	86	Sec. 261.1011. OTHER REPORTS OF ABUSE AND NEGLECT. (a) A
87	87	person who is not a professional as defined by Section 261.101:
88	88	(1) shall make a report as provided by this subchapter
89	89	if the person witnesses the sexual abuse, sexual assault, or
90	90	physical abuse of a child by any person; and
91	91	(2) may make a report as provided by this subchapter if
92	92	the person has reasonable cause to believe that a child's physical
93	93	or mental health or welfare has been adversely affected by abuse or
94	94	neglect by any person.
95	95	(b) The identity of a person making a report under this
96	96	section is confidential and may be disclosed only:
97	97	(1) as provided by Section 261.201;
98	98	(2) to a law enforcement officer for the purposes of
99	99	conducting a criminal investigation of the report; or
100	100	(3) if the person authorizes the disclosure in
101	101	writing.
102	102	SECTION 4. Section 261.102, Family Code, is amended to read
103	103	as follows:
104	104	Sec. 261.102. MATTERS TO BE REPORTED. (a) A report should
105	105	reflect the reporter's belief that a child has been or may be abused
106	106	or neglected or has died of abuse or neglect.
107	107	(b) A person is not required to report concerns that:
108	108	(1) are solely related to:
109	109	(A) a child's behavior;
110	110	(B) truancy; or
111	111	(C) conditions of poverty, including a lack of
112	112	adequate clothing, housing instability, or lack of utilities in the
113	113	child's home; and
114	114	(2) do not adversely affect the child's physical or
115	115	mental health or welfare.
116	116	SECTION 5. Subchapter B, Chapter 261, Family Code, is
117	117	amended by adding Section 261.1021 to read as follows:
118	118	Sec. 261.1021. REQUIRED TRAINING. (a) Professionals
119	119	required to make a report under Section 261.101 must receive
120	120	training regarding reporting requirements under this subchapter.
121	121	The training must include information regarding:
122	122	(1) matters to be reported under Section 261.102;
123	123	(2) alternatives to reporting and matters that may be
124	124	referred to community-based prevention or family preservation
125	125	services providers under Section 261.1031; and
126	126	(3) the procedures for making a report required under
127	127	this subchapter.
128	128	(b) The department shall develop a training program for
129	129	professionals required to make a report under Section 261.101 that
130	130	includes the information required under Subsection (a).
131	131	SECTION 6. Section 261.103(a), Family Code, is amended to
132	132	read as follows:
133	133	(a) Except as provided by Subsections (b) and (c) and
134	134	Sections 261.1031 and [Section] 261.405, a report shall be made to:
135	135	(1) any local or state law enforcement agency;
136	136	(2) the department; or
137	137	(3) the state agency that operates, licenses,
138	138	certifies, or registers the facility in which the alleged abuse or
139	139	neglect occurred.
140	140	SECTION 7. Subchapter B, Chapter 261, Family Code, is
141	141	amended by adding Sections 261.1031 and 261.1032 to read as
142	142	follows:
143	143	Sec. 261.1031. REFERRAL TO COMMUNITY-BASED PREVENTION OR
144	144	FAMILY PRESERVATION SERVICES PROVIDER. (a) Except as provided by
145	145	Subsection (d), a professional required to make a report under
146	146	Section 261.101(b) may refer the family to a community-based
147	147	prevention or family preservation services provider instead of the
148	148	entities listed under Section 261.103(a) if the professional has
149	149	reasonable cause to believe the child is not at risk of abuse or
150	150	neglect based on concerns described by Section 261.102(b).
151	151	(b) A professional who makes a referral under this section
152	152	shall make reasonable efforts to ensure that the family who is the
153	153	subject of the referral is connected with an appropriate
154	154	community-based prevention or family preservation services
155	155	provider.
156	156	(c) A community-based prevention or family preservation
157	157	services provider that receives a referral under Subsection (a)
158	158	shall make reasonable efforts to provide appropriate resources or
159	159	referrals to enhance the parents' ability to provide a safe and
160	160	stable home environment for a child who is the subject of the
161	161	referral.
162	162	(d) This section does not apply to cases in which a
163	163	professional has reasonable cause to believe that a child has been
164	164	or may be subjected to aggravated circumstances as described by
165	165	Section 262.2015.
166	166	(e) Nothing in this section may be construed to require a
167	167	community-based prevention or family preservation services
168	168	provider to provide services that the provider does not have the
169	169	resources, including funding, to provide.
170	170	Sec. 261.1032. IMPLEMENTATION STUDY AUTHORIZED. (a) The
171	171	department may, in collaboration with single source continuum
172	172	contractors, local or regional helplines, hospital systems,
173	173	independent school districts, law enforcement agencies, and
174	174	community-based prevention or family preservation services
175	175	providers, study the implementation of Section 261.1031 in at least
176	176	one child protective services region in which community-based care
177	177	has been implemented under Subchapter B-1, Chapter 264. A study
178	178	under this section must:
179	179	(1) explore and identify strategies for maximizing
180	180	referrals for and delivery of community-based prevention or family
181	181	preservation services in the region;
182	182	(2) determine whether a directory of community-based
183	183	prevention or family preservation resources has been established;
184	184	(3) assess the effectiveness of community-based
185	185	prevention or family preservation services at promoting child
186	186	safety and preventing entry into foster care;
187	187	(4) assess the effect that community education and
188	188	promotion of the referral process under Section 261.1031 had on the
189	189	number of families that received a referral for community-based
190	190	prevention or family preservation services;
191	191	(5) determine whether the training required under
192	192	Section 261.1021 is being provided;
193	193	(6) determine whether best practices for efficiently
194	194	connecting families with community-based prevention or family
195	195	preservation services providers have been developed;
196	196	(7) identify gaps in the availability of
197	197	community-based prevention or family preservation services in the
198	198	region; and
199	199	(8) recommend strategies for increasing the
200	200	availability of effective community-based prevention or family
201	201	preservation services in the region.
202	202	(b) Not later than November 1 of the calendar year in which a
203	203	study authorized under this section is conducted, the department
204	204	shall prepare and submit a report of the study to the governor, the
205	205	lieutenant governor, the speaker of the house of representatives,
206	206	and the chairs of the house and senate committees with primary
207	207	jurisdiction over the department.
208	208	(c) The department may conduct a study under this section
209	209	only using federal or private grant funds. The department shall
210	210	explore and seek opportunities for obtaining federal and private
211	211	funds to perform a study under this section.
212	212	SECTION 8. Section 261.104, Family Code, is amended to read
213	213	as follows:
214	214	Sec. 261.104. CONTENTS OF REPORT. (a) The person making a
215	215	report shall provide the following information [identify], if
216	216	known, to the agency to which the report is made:
217	217	(1) the name and address of the child;
218	218	(2) the name and address of the person responsible for
219	219	the care, custody, or welfare of the child; [and]
220	220	(3) the reporting person's name and contact
221	221	information; and
222	222	(4) any other pertinent information concerning the
223	223	alleged or suspected abuse or neglect.
224	224	(b) The department shall make reasonable efforts to obtain
225	225	the information required under Subsection (a). If the department
226	226	is unable to obtain the reporting person's name and contact
227	227	information, the department may investigate the report as provided
228	228	by Section 261.304.
229	229	SECTION 9. Subchapter B, Chapter 261, Family Code, is
230	230	amended by adding Section 261.1041 to read as follows:
231	231	Sec. 261.1041. REQUIRED DISCLOSURES. An agency or
232	232	organization receiving a report of child abuse or neglect shall
233	233	inform the person making the report that:
234	234	(1) the person is required to provide the person's name
235	235	and contact information to the agency or organization;
236	236	(2) the person's identity is confidential and may be
237	237	disclosed only as provided by Section 261.101(d) or 261.1011(b);
238	238	and
239	239	(3) knowingly making a false report with the intent to
240	240	deceive is a criminal offense under Section 261.107.
241	241	SECTION 10. Section 261.109, Family Code, is amended to
242	242	read as follows:
243	243	Sec. 261.109. FAILURE TO REPORT; PENALTY. (a) A person who
244	244	is a professional as defined by Section 261.101(a) commits an
245	245	offense if the person is required to make a report under Section
246	246	261.101(b) [261.101(a)] and knowingly fails to make a report as
247	247	provided in this chapter.
248	248	(a-1) A person who is a professional as defined by Section
249	249	261.101(a) who [261.101(b) commits an offense if the person] is
250	250	required to make a report under Section 261.101(b) does not commit
251	251	an offense if the person refers the child's family to an appropriate
252	252	community-based prevention or family preservation services
253	253	provider as provided by Section 261.1031 instead of making the
254	254	required [and knowingly fails to make a] report [as provided in this
255	255	chapter].
256	256	(b) An offense under Subsection (a) is a Class A
257	257	misdemeanor, except that the offense is a state jail felony if it is
258	258	shown on the trial of the offense that:
259	259	(1) the child was a person with an intellectual
260	260	disability who resided in a state supported living center, the
261	261	ICF-IID component of the Rio Grande State Center, or a facility
262	262	licensed under Chapter 252, Health and Safety Code, and the actor
263	263	knew that the child had suffered serious bodily injury as a result
264	264	of the abuse or neglect; or
265	265	(2) [.
266	266	[(c) An offense under Subsection (a-1) is a Class A
267	267	misdemeanor, except that the offense is a state jail felony if it is
268	268	shown on the trial of the offense that] the actor intended to
269	269	conceal the abuse or neglect.
270	270	SECTION 11. Section 261.110(a)(2), Family Code, is amended
271	271	to read as follows:
272	272	(2) "Professional" has the meaning assigned by Section
273	273	261.101(a) [261.101(b)].
274	274	SECTION 12. Section 261.201(b-1), Family Code, is amended
275	275	to read as follows:
276	276	(b-1) On a motion of one of the parties in a contested case
277	277	before an administrative law judge relating to the license or
278	278	certification of a professional, as defined by Section 261.101(a)
279	279	[261.101(b)], or an educator, as defined by Section 5.001,
280	280	Education Code, the administrative law judge may order the
281	281	disclosure of information that is confidential under this section
282	282	that relates to the matter before the administrative law judge
283	283	after a hearing for which notice is provided as required by
284	284	Subsection (b)(2) and making the review and determination required
285	285	by Subsection (b)(3). Before the department may release
286	286	information under this subsection, the department must edit the
287	287	information to protect the confidentiality of the identity of any
288	288	person who makes a report of abuse or neglect.
289	289	SECTION 13. The changes in law made by this Act apply only
290	290	to a report of suspected abuse or neglect of a child that is made on
291	291	or after the effective date of this Act. A report of suspected
292	292	abuse or neglect that is made before that date is governed by the
293	293	law in effect on the date the report was made, and that law is
294	294	continued in effect for that purpose.
295	295	SECTION 14. This Act takes effect September 1, 2023.
296	296	* * * * *