This section requires certain licensed, registered, employee, volunteer, and foster parent actors to report or notify child incidents and abuse-related violations to the commission, department, statewide intake system, or parents/guardians.
Sec. 42.063. REPORTING OF INCIDENTS AND VIOLATIONS. (a) In this section, "serious incident" means a suspected or actual incident that threatens or impairs the basic health, safety, or well-being of a child. The term includes: (1) the arrest, abuse, neglect, exploitation, running away, attempted suicide, or death of a child; (2) a critical injury of a child; and (3) an illness of a child that requires hospitalization. (b) A person licensed under this chapter shall report to the commission each serious incident involving a child who receives services from the person, regardless of whether the department is the managing conservator of the child. (b-1) A person licensed or registered under this chapter shall notify in accordance with commission rule a parent or guardian of a child in the care of the person of an incident of abuse, neglect, or exploitation of the child, injury of the child that requires treatment by a medical professional or hospitalization, or illness of the child that requires hospitalization. (b-2) A person licensed or registered under this chapter shall notify in accordance with commission rule a parent or guardian of each child in the care of the person of a violation that constitutes abuse, neglect, or exploitation of a child. (c) An employee of a person described by Subsection (b) shall report suspected abuse or neglect directly to the statewide intake system. (d) An employee or volunteer of a general residential operation, child-placing agency, continuum-of-care residential operation, cottage home operation, or specialized child-care home shall report any serious incident directly to the commission if the incident involves a child under the care of the operation, agency, or home. (e) A foster parent shall report any serious incident directly to the department if the incident involves a child under the care of the parent. (f) The executive commissioner by rule shall prescribe: (1) procedures governing reporting required under this section; and (2) the manner in which a report under this section must be provided. (g) The commission shall implement this section using existing appropriations. Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.106, eff. September 1, 2005. Amended by: Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 12, eff. September 1, 2009. Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 66, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 588 (S.B. 568), Sec. 7, eff. September 1, 2019.