89R9107 DNC-D
By: Hall S.B. No. 1693
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 only if
multiple professionals would be responsible for a report arising
from the same incident or occurrence and a delegated professional
makes the report on behalf of and includes the contact information
for the other professionals. [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
not later than the 48th hour after 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 261.103(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 5. Subchapter B, Chapter 261, Family Code, is
amended by adding Section 261.1031 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).
(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.
SECTION 6. Sections 261.104(b) and (c), Family Code, are
amended to read as follows:
(b) If the individual making a report of child abuse or
neglect uses the toll-free telephone number the department operates
for reporting child abuse or neglect and the individual is
unwilling to provide the information described by Subsection
(a)(4), the department representative receiving the report shall
notify the individual that:
(1) the individual is required to provide the
individual's name and contact information to the department [is not
authorized to accept an anonymous report of abuse or neglect];
(2) the individual may report the abuse or neglect by
making a report to any local or state law enforcement agency; and
(3) the identity of an individual making a report
under this subchapter is confidential and may be disclosed only:
(A) as provided by Section 261.1011(b) or
261.201; or
(B) to a law enforcement officer for the purposes
of conducting a criminal investigation of the report.
(c) The department representative or other person receiving
a report of child abuse or neglect shall make reasonable efforts
[use the person's best efforts] to obtain the information described
by Subsection (a). If the department is unable to obtain the
reporting individual's name and contact information, the
department may investigate the report as provided by Section
261.304.
SECTION 7. 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 8. 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 9. 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 10. 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 11. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2025.