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A BILL TO BE ENTITLED
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AN ACT
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relating to investigations of abuse, neglect, or exploitation |
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conducted by the Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.001, Family Code, is amended by |
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adding Subdivision (3) and amending Subdivision (5) to read as |
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follows: |
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(3) "Exploitation" means the illegal or improper use |
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of a child or of the resources of a child for monetary or personal |
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benefit, profit, or gain by an employee, volunteer, or other |
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individual working under the auspices of a facility or program as |
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further described by rule or policy. |
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(5) "Person responsible for a child's care, custody, |
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or welfare" means a person who traditionally is responsible for a |
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child's care, custody, or welfare, including: |
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(A) a parent, guardian, managing or possessory |
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conservator, or foster parent of the child; |
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(B) a member of the child's family or household |
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as defined by Chapter 71; |
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(C) a person with whom the child's parent |
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cohabits; |
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(D) school personnel or a volunteer at the |
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child's school; [or] |
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(E) personnel or a volunteer at a public or |
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private child-care facility that provides services for the child or |
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at a public or private residential institution or facility where |
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the child resides; or |
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(F) an employee, volunteer, or other person |
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working under the supervision of a licensed or unlicensed |
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child-care facility, including a family home, residential |
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child-care facility, employer-based day-care facility, or shelter |
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day-care facility, as those terms are defined in Chapter 42, Human |
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Resources Code. |
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SECTION 2. Section 261.101(b), Family Code, is amended to |
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read as follows: |
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(b) If a professional has cause to believe that a child has |
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been abused or neglected or may be abused or neglected, or that a |
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child is a victim of an offense under Section 21.11, Penal Code, and |
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the professional has cause to believe that the child has been abused |
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as defined by Section 261.001 [or 261.401], the professional shall |
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make a report not later than the 48th hour after the hour the |
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professional first suspects that the child has been or may be abused |
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or neglected or is a victim of an offense under Section 21.11, Penal |
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Code. A professional may not delegate to or rely on another person |
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to make the report. In this subsection, "professional" means an |
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individual who is licensed or certified by the state or who is an |
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employee of a facility licensed, certified, or operated by the |
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state and who, in the normal course of official duties or duties for |
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which a license or certification is required, has direct contact |
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with children. The term includes teachers, nurses, doctors, |
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day-care employees, employees of a clinic or health care facility |
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that provides reproductive services, juvenile probation officers, |
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and juvenile detention or correctional officers. |
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SECTION 3. Sections 261.301(b), (c), (f), and (h), Family |
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Code, are amended to read as follows: |
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(b) The department [A state agency] shall investigate a |
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report that alleges abuse, [or] neglect, or exploitation occurred |
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in a facility operated, licensed, certified, or registered by a |
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state [that] agency, [as provided by Subchapter E. In conducting an
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investigation for] including a facility operated, licensed, |
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certified, registered, or listed by the department, [the department
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shall perform the investigation] as provided by: |
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(1) Subchapter E; and |
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(2) the Human Resources Code. |
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(c) The department is not required to investigate a report |
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that alleges child abuse, [or] neglect, or exploitation by a person |
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except as provided by Subsections (a) and (b) [other than a person
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responsible for a child's care, custody, or welfare]. The |
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appropriate state or local law enforcement agency shall investigate |
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other reports of child abuse, neglect, or exploitation [that
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report] if the agency determines an investigation should be |
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conducted. |
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(f) An investigation of a report to the department that |
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alleges that a child has been or may be the victim of conduct that |
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constitutes a criminal offense that poses an immediate risk of |
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physical or sexual abuse of a child that could result in the death |
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of or serious harm to the child shall be conducted jointly by a |
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peace officer, as defined by Article 2.12, Code of Criminal |
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Procedure, from the appropriate local law enforcement agency and |
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the department [or the agency responsible for conducting an
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investigation under Subchapter E]. |
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(h) The department and the appropriate local law |
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enforcement agency shall conduct an investigation[, other than an
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investigation under Subchapter E,] as provided by this section and |
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Article 2.27, Code of Criminal Procedure, if the investigation is |
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of a report that alleges that a child has been or may be the victim |
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of conduct that constitutes a criminal offense that poses an |
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immediate risk of physical or sexual abuse of a child that could |
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result in the death of or serious harm to the child. Immediately on |
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receipt of a report described by this subsection, the department |
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shall notify the appropriate local law enforcement agency of the |
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report. |
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SECTION 4. Section 531.02013, Government Code, is amended |
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to read as follows: |
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Sec. 531.02013. FUNCTIONS REMAINING WITH CERTAIN |
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AGENCIES. The following functions are not subject to transfer |
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under Sections 531.0201 and 531.02011: |
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(1) the functions of the Department of Family and |
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Protective Services, including the statewide intake of reports and |
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other information, related to the following: |
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(A) child protective services, including |
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services that are required by federal law to be provided by this |
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state's child welfare agency; |
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(B) adult protective services, other than |
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investigations of the alleged abuse, neglect, or exploitation of an |
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elderly person or person with a disability: |
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(i) in a facility operated, or in a facility |
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or by a person licensed, certified, or registered, by a state |
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agency; or |
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(ii) by a provider that has contracted to |
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provide home and community-based services; [and] |
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(C) prevention and early intervention services; |
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and |
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(D) investigations of alleged abuse, neglect, or |
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exploitation occurring at a child-care facility, as that term is |
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defined in Section 40.042, Human Resources Code; and |
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(2) the public health functions of the Department of |
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State Health Services, including health care data collection and |
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maintenance of the Texas Health Care Information Collection |
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program. |
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SECTION 5. Subchapter B, Chapter 40, Human Resources Code, |
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is amended by adding Section 40.042 to read as follows: |
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Sec. 40.042. INVESTIGATIONS OF CHILD ABUSE, NEGLECT, AND |
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EXPLOITATION. (a) In this section, "child-care facility" includes |
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a facility, licensed or unlicensed child-care facility, family |
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home, residential child-care facility, employer-based day-care |
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facility, or shelter day-care facility, as those terms are defined |
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in Chapter 42. |
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(b) For all investigations of child abuse, neglect, or |
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exploitation conducted by the child protective services division of |
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the department, the department shall adopt the definitions of |
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abuse, neglect, and exploitation provided in Section 261.001, |
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Family Code. |
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(c) The department shall establish standardized policies to |
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be used during investigations. |
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(d) The commissioner may establish units within the child |
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protective services division of the department to specialize in |
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investigating allegations of child abuse, neglect, or exploitation |
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occurring at a child-care facility. |
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(e) The department may require that investigators who |
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specialize in allegations of child abuse, neglect, and exploitation |
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occurring at child-care facilities receive ongoing training on the |
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minimum licensing standards for any facilities that are applicable |
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to the investigator's specialization. |
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(f) After an investigation of abuse, neglect, or |
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exploitation occurring at a child-care facility, the department |
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shall provide the state agency responsible for regulating the |
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facility with access to any information relating to the |
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department's investigation. Providing access to confidential |
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information under this subsection does not constitute a waiver of |
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confidentiality. |
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(g) The executive commissioner may adopt rules to implement |
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this section. |
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SECTION 6. Section 42.002(23), Human Resources Code, is |
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amended to read as follows: |
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(23) "Other maltreatment" means: |
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(A) abuse, as defined by Section 261.001 [or
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261.401], Family Code; or |
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(B) neglect, as defined by Section 261.001 [or
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261.401], Family Code. |
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SECTION 7. Section 42.044(c-1), Human Resources Code, is |
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amended to read as follows: |
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(c-1) The department: |
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(1) shall investigate a listed family home if the |
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department receives a complaint that: |
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(A) a child in the home has been abused or |
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neglected, as defined by Section 261.001 [261.401], Family Code; or |
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(B) otherwise alleges an immediate risk of danger |
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to the health or safety of a child being cared for in the home; and |
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(2) may investigate a listed family home to ensure |
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that the home is providing care for compensation to not more than |
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three children, excluding children who are related to the |
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caretaker. |
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SECTION 8. Sections 261.401(a) and (b), Family Code, are |
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repealed. |
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SECTION 9. (a) The changes in law made by this Act apply |
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only to a report of suspected abuse, neglect, or exploitation of a |
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child that is made on or after the effective date of this Act. A |
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report of suspected abuse, neglect, or exploitation that is made |
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before that date is governed by the law in effect on the date the |
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report was made, and that law is continued in effect for that |
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purpose. |
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(b) Notwithstanding any provision of Subchapter A-1, |
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Chapter 531, Government Code, or any other law, the responsibility |
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for conducting investigations of reports of abuse, neglect, or |
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exploitation occurring at a child-care facility, as that term is |
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defined in Section 40.042, Human Resources Code, as added by this |
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Act, may not be transferred to the Health and Human Services |
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Commission and remains the responsibility of the Department of |
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Family and Protective Services. |
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(c) As soon as possible after the effective date of this |
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Act, the commissioner of the Department of Family and Protective |
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Services shall transfer the responsibility for conducting |
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investigations of reports of abuse, neglect, or exploitation |
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occurring at a child-care facility, as that term is defined in |
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Section 40.042, Human Resources Code, as added by this Act, to the |
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child protective services division of the department. The |
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commissioner shall transfer appropriate investigators and staff as |
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necessary to implement this subsection. |
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(d) The Department of Family and Protective Services shall |
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implement the standardized definitions and policies required under |
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Sections 40.042(b) and (c), Human Resources Code, as added by this |
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Act, not later than December 1, 2017. |
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SECTION 10. This Act takes effect September 1, 2017. |