An agency must require residential child-care facilities to report each child-on-child incident of physical or sexual abuse, and the agency must compile a funded report using that information.
Sec. 261.410. REPORT OF ABUSE BY OTHER CHILDREN. (a) In this section: (1) "Physical abuse" means: (A) physical injury that results in substantial harm to the child requiring emergency medical treatment and excluding an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm; or (B) failure to make a reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child. (2) "Sexual abuse" means: (A) sexual conduct harmful to a child's mental, emotional, or physical welfare; or (B) failure to make a reasonable effort to prevent sexual conduct harmful to a child. (b) An agency that operates, licenses, certifies, or registers a facility shall require a residential child-care facility to report each incident of physical or sexual abuse committed by a child against another child. (c) Using information received under Subsection (b), the agency that operates, licenses, certifies, or registers a facility shall, subject to the availability of funds, compile a report that includes information: (1) regarding the number of cases of physical and sexual abuse committed by a child against another child; (2) identifying the residential child-care facility; (3) regarding the date each allegation of abuse was made; (4) regarding the date each investigation was started and concluded; (5) regarding the findings and results of each investigation; and (6) regarding the number of children involved in each incident investigated. Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.31, eff. September 1, 2005. SUBCHAPTER F. PROTECTIVE ORDER IN CERTAIN CASES OF ABUSE OR NEGLECT