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.