Texas 2025 - 89th Regular

Texas Senate Bill SB1693 Compare Versions

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

Old	New	Differences
1	1	89R9107 DNC-D
2	2	By: Hall S.B. No. 1693
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the reporting of child abuse or neglect.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 104.007(a), Family Code, is amended to
12	12	read as follows:
13	13	(a) In this section, "professional" has the meaning
14	14	assigned by Section 261.101(a) [261.101(b)].
15	15	SECTION 2. Section 261.101, Family Code, is amended to read
16	16	as follows:
17	17	Sec. 261.101. PROFESSIONALS [PERSONS] REQUIRED TO REPORT;
18	18	TIME TO REPORT. (a) In this section, "professional" means an
19	19	individual who is licensed or certified by the state or who is an
20	20	employee of a facility licensed, certified, or operated by the
21	21	state and who, in the normal course of official duties or duties for
22	22	which a license or certification is required, has direct contact
23	23	with children. The term includes teachers, nurses, doctors,
24	24	day-care employees, employees of a clinic or health care facility
25	25	that provides reproductive services, juvenile probation officers,
26	26	and juvenile detention or correctional officers [A person having
27	27	reasonable cause to believe that a child's physical or mental
28	28	health or welfare has been adversely affected by abuse or neglect by
29	29	any person shall immediately make a report as provided by this
30	30	subchapter].
31	31	(b) Except as provided by Section 261.1031, [If] a
32	32	professional shall make a report as provided by this subchapter if
33	33	the professional has reasonable cause to believe that a child has
34	34	been abused or neglected or may be abused or neglected not later
35	35	than the 48th hour after the hour the professional first has
36	36	reasonable cause to believe that the child has been or may be abused
37	37	or neglected[, or that a child is a victim of an offense under
38	38	Section 21.11, Penal Code, and the professional has reasonable
39	39	cause to believe that the child has been abused as defined by
40	40	Section 261.001, the professional shall make a report not later
41	41	than the 48th hour after the hour the professional first has
42	42	reasonable cause to believe that the child has been or may be abused
43	43	or neglected or is a victim of an offense under Section 21.11, Penal
44	44	Code].
45	45	(b-1) A professional may [not] delegate to or rely on
46	46	another person to make the report required by this section only if
47	47	multiple professionals would be responsible for a report arising
48	48	from the same incident or occurrence and a delegated professional
49	49	makes the report on behalf of and includes the contact information
50	50	for the other professionals. [In this subsection, "professional"
51	51	means an individual who is licensed or certified by the state or who
52	52	is an employee of a facility licensed, certified, or operated by the
53	53	state and who, in the normal course of official duties or duties for
54	54	which a license or certification is required, has direct contact
55	55	with children. The term includes teachers, nurses, doctors,
56	56	day-care employees, employees of a clinic or health care facility
57	57	that provides reproductive services, juvenile probation officers,
58	58	and juvenile detention or 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	not later than the 48th hour after the person witnesses the sexual
90	90	abuse, sexual assault, or physical abuse of a child by any person;
91	91	and
92	92	(2) may make a report as provided by this subchapter if
93	93	the person has reasonable cause to believe that a child's physical
94	94	or mental health or welfare has been adversely affected by abuse or
95	95	neglect by any person.
96	96	(b) The identity of a person making a report under this
97	97	section is confidential and may be disclosed only:
98	98	(1) as provided by Section 261.201;
99	99	(2) to a law enforcement officer for the purposes of
100	100	conducting a criminal investigation of the report; or
101	101	(3) if the person authorizes the disclosure in
102	102	writing.
103	103	SECTION 4. Section 261.103(a), Family Code, is amended to
104	104	read as follows:
105	105	(a) Except as provided by Subsections (b) and (c) and
106	106	Sections 261.1031 and [Section] 261.405, a report shall be made to:
107	107	(1) any local or state law enforcement agency;
108	108	(2) the department; or
109	109	(3) the state agency that operates, licenses,
110	110	certifies, or registers the facility in which the alleged abuse or
111	111	neglect occurred.
112	112	SECTION 5. Subchapter B, Chapter 261, Family Code, is
113	113	amended by adding Section 261.1031 to read as follows:
114	114	Sec. 261.1031. REFERRAL TO COMMUNITY-BASED PREVENTION OR
115	115	FAMILY PRESERVATION SERVICES PROVIDER. (a) Except as provided by
116	116	Subsection (d), a professional required to make a report under
117	117	Section 261.101(b) may refer the family to a community-based
118	118	prevention or family preservation services provider instead of the
119	119	entities listed under Section 261.103(a).
120	120	(b) A professional who makes a referral under this section
121	121	shall make reasonable efforts to ensure that the family who is the
122	122	subject of the referral is connected with an appropriate
123	123	community-based prevention or family preservation services
124	124	provider.
125	125	(c) A community-based prevention or family preservation
126	126	services provider that receives a referral under Subsection (a)
127	127	shall make reasonable efforts to provide appropriate resources or
128	128	referrals to enhance the parents' ability to provide a safe and
129	129	stable home environment for a child who is the subject of the
130	130	referral.
131	131	(d) This section does not apply to cases in which a
132	132	professional has reasonable cause to believe that a child has been
133	133	or may be subjected to aggravated circumstances as described by
134	134	Section 262.2015.
135	135	(e) Nothing in this section may be construed to require a
136	136	community-based prevention or family preservation services
137	137	provider to provide services that the provider does not have the
138	138	resources, including funding, to provide.
139	139	SECTION 6. Sections 261.104(b) and (c), Family Code, are
140	140	amended to read as follows:
141	141	(b) If the individual making a report of child abuse or
142	142	neglect uses the toll-free telephone number the department operates
143	143	for reporting child abuse or neglect and the individual is
144	144	unwilling to provide the information described by Subsection
145	145	(a)(4), the department representative receiving the report shall
146	146	notify the individual that:
147	147	(1) the individual is required to provide the
148	148	individual's name and contact information to the department [is not
149	149	authorized to accept an anonymous report of abuse or neglect];
150	150	(2) the individual may report the abuse or neglect by
151	151	making a report to any local or state law enforcement agency; and
152	152	(3) the identity of an individual making a report
153	153	under this subchapter is confidential and may be disclosed only:
154	154	(A) as provided by Section 261.1011(b) or
155	155	261.201; or
156	156	(B) to a law enforcement officer for the purposes
157	157	of conducting a criminal investigation of the report.
158	158	(c) The department representative or other person receiving
159	159	a report of child abuse or neglect shall make reasonable efforts
160	160	[use the person's best efforts] to obtain the information described
161	161	by Subsection (a). If the department is unable to obtain the
162	162	reporting individual's name and contact information, the
163	163	department may investigate the report as provided by Section
164	164	261.304.
165	165	SECTION 7. Section 261.109, Family Code, is amended to read
166	166	as follows:
167	167	Sec. 261.109. FAILURE TO REPORT; PENALTY. (a) A person who
168	168	is a professional as defined by Section 261.101(a) commits an
169	169	offense if the person is required to make a report under Section
170	170	261.101(b) [261.101(a)] and knowingly fails to make a report as
171	171	provided in this chapter.
172	172	(a-1) A person who is a professional as defined by Section
173	173	261.101(a) who [261.101(b) commits an offense if the person] is
174	174	required to make a report under Section 261.101(b) does not commit
175	175	an offense if the person refers the child's family to an appropriate
176	176	community-based prevention or family preservation services
177	177	provider as provided by Section 261.1031 instead of making the
178	178	required [and knowingly fails to make a] report [as provided in this
179	179	chapter].
180	180	(b) An offense under Subsection (a) is a Class A
181	181	misdemeanor, except that the offense is a state jail felony if it is
182	182	shown on the trial of the offense that:
183	183	(1) the child was a person with an intellectual
184	184	disability who resided in a state supported living center, the
185	185	ICF-IID component of the Rio Grande State Center, or a facility
186	186	licensed under Chapter 252, Health and Safety Code, and the actor
187	187	knew that the child had suffered serious bodily injury as a result
188	188	of the abuse or neglect; or
189	189	(2) [.
190	190	[(c) An offense under Subsection (a-1) is a Class A
191	191	misdemeanor, except that the offense is a state jail felony if it is
192	192	shown on the trial of the offense that] the actor intended to
193	193	conceal the abuse or neglect.
194	194	SECTION 8. Section 261.110(a)(2), Family Code, is amended
195	195	to read as follows:
196	196	(2) "Professional" has the meaning assigned by Section
197	197	261.101(a) [261.101(b)].
198	198	SECTION 9. Section 261.201(b-1), Family Code, is amended to
199	199	read as follows:
200	200	(b-1) On a motion of one of the parties in a contested case
201	201	before an administrative law judge relating to the license or
202	202	certification of a professional, as defined by Section 261.101(a)
203	203	[261.101(b)], or an educator, as defined by Section 5.001,
204	204	Education Code, the administrative law judge may order the
205	205	disclosure of information that is confidential under this section
206	206	that relates to the matter before the administrative law judge
207	207	after a hearing for which notice is provided as required by
208	208	Subsection (b)(2) and making the review and determination required
209	209	by Subsection (b)(3). Before the department may release
210	210	information under this subsection, the department must edit the
211	211	information to protect the confidentiality of the identity of any
212	212	person who makes a report of abuse or neglect.
213	213	SECTION 10. The changes in law made by this Act apply only
214	214	to a report of suspected abuse or neglect of a child that is made on
215	215	or after the effective date of this Act. A report of suspected
216	216	abuse or neglect that is made before that date is governed by the
217	217	law in effect on the date the report was made, and that law is
218	218	continued in effect for that purpose.
219	219	SECTION 11. This Act takes effect immediately if it
220	220	receives a vote of two-thirds of all the members elected to each
221	221	house, as provided by Section 39, Article III, Texas Constitution.
222	222	If this Act does not receive the vote necessary for immediate
223	223	effect, this Act takes effect September 1, 2025.