Bill Text: TX HB3379 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the duty to report child abuse and neglect.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB3379 Detail]
Download: Texas-2021-HB3379-Enrolled.html
| H.B. No. 3379 | ||
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| relating to the duty to report child abuse and neglect. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Sections 261.101(a), (b), and (b-1), Family | ||
| Code, are amended to read as follows: | ||
| (a) 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) If a professional has reasonable 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 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 | ||
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| 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 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. | ||
| SECTION 2. 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 3. This Act takes effect September 1, 2021. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 3379 was passed by the House on April | ||
| 16, 2021, by the following vote: Yeas 112, Nays 33, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 3379 on May 28, 2021, by the following vote: Yeas 134, Nays 9, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 3379 was passed by the Senate, with | ||
| amendments, on May 24, 2021, by the following vote: Yeas 30, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
