Bill Text: TX HB4189 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to the duty of certain professionals to report child abuse and neglect.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-04-02 - Left pending in committee [HB4189 Detail]

Download: Texas-2019-HB4189-Introduced.html

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86R5303 EAS-D
By: Middleton H.B. No. 4189

A BILL TO BE ENTITLED
AN ACT
relating to the duty of certain professionals to report child abuse
and neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.101, Family Code, is amended by
amending Subsections (b) and (b-1) and adding Subsection (b-2) to
read as follows:
(b) If a professional has actual knowledge [cause to
believe] that a child has been abused or neglected [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 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 learns [suspects]
that the child has been [or may be] abused or neglected or is a
victim of an offense under Section 21.11, Penal Code. A
professional may not delegate to or rely on another person to make
the report. 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-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 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.
(b-2) In addition to the duty to make a report under
Subsection (b), a professional shall make a report in the manner
required by Subsection (b), as applicable, if the professional has
actual knowledge that an adult was a victim of abuse or neglect as a
child and the 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.
SECTION 2. This Act does not relieve a person of any duty
that arose before the effective date of this Act to report abuse or
neglect under Section 261.101, Family Code. A person who did not
comply with the law in effect before the effective date of this Act
remains subject to prosecution or disciplinary action under the
provisions of law that existed before the effective date of this
Act, and those provisions continue in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019.