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H.B. No. 1970
AN ACT
relating to reports and investigations of child abuse and neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.103, Family Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Except as provided by Subsections [Subsection] (b) and
(c) and Section 261.405, a report shall be made to:
(1) any local or state law enforcement agency;
(2) the department [if the alleged or suspected abuse
involves a person responsible for the care, custody, or welfare of
the child];
(3) the state agency that operates, licenses,
certifies, or registers the facility in which the alleged abuse or
neglect occurred; or
(4) the agency designated by the court to be
responsible for the protection of children.
(c) Notwithstanding Subsection (a), a report, other than a
report under Subsection (a)(3) or Section 261.405, must be made to
the department if the alleged or suspected abuse or neglect
involves a person responsible for the care, custody, or welfare of
the child.
SECTION 2. Section 261.406(b), Family Code, is amended to
read as follows:
(b) The department shall send a written report of the
department's investigation, as appropriate, to the Texas Education
Agency, the agency responsible for teacher certification, the local
school board or the school's governing body, the superintendent of
the school district, and the school principal or director, unless
the principal or director is alleged to have committed the abuse or
neglect, for appropriate action. On request, the department shall
provide a copy of the report of investigation to the parent,
managing conservator, or legal guardian of a child who is the
subject of the investigation and to the person alleged to have
committed the abuse or neglect. The report of investigation shall
be edited to protect the identity of the persons who made the report
of abuse or neglect. Section 261.201(b) applies to the release of
confidential information relating to the investigation of a report
of abuse or neglect under this section and to the identity of the
person who made the report of abuse or neglect.
SECTION 3. (a) The change in law made by this Act to Section
261.103, Family Code, applies only to a report of the abuse or
neglect of a child that is made on or after the effective date of
this Act. A report made before that date is governed by the law in
effect at the time the report was made, and the former law is
continued in effect for that purpose.
(b) The change in law made by this Act to Section 261.406,
Family Code, applies only to a report of an investigation by the
Department of Family and Protective Services that is prepared on or
after the effective date of this Act. A report prepared before the
effective date of this Act is governed by the law in effect at the
time the report was completed, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1970 was passed by the House on April
21, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1970 was passed by the Senate on May
12, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor