Untitled Texas Attorney General Opinion ( 1974 )

,
THEAYTORNEY GENERAL
OF TEXAS
AUWRN. TEXAS 78711
February 22, 1974
The Honorable Raymond Vowell, Opinion No. H- 237
Commissioner
State Dept. of Public Welfare Re: Reports of cases of
John H. Reagan Building child abuse.
Austin, Texas 78701
Dear Mr. Vowell:
You have asked our opinion on two questions relating to the responsibility
to report cases of child abuse. Your first question iswhether Acts 1973, 63rd
Leg. ch. 398, p. 881 (hereafter H. B. 1414), which provides a penalty for a
failure to report instances of child abuse was repealed by Acts 1973, 63e.d Leg.
ch. 543, p. 1411, (hereafter Title 2) which is Title 2 of the~Family Code.
House Bill 1414 amended Article 695c-2, Vernon’s Texas Civil Statutes,
by adding Section 9 to read as follows:
“Sec. 9. Any person who knowingly fails to
report in accordance with Section 3 of this Act when
he has cause to believe that a child’s physical or
mental health or welfare has been or may be further
adversely affected by abuse or neglect commits a
misdemeanor punishable by a fine of not less than
than $100 or more than $500, or by imprisonment
in jail for not less than 10 days or more than 6
months, or both. ”
H. B. 1414, amending Article 695c-2, was passed by the Legislature on
May 17, 1973, and became effective on June 13, 1973, when it was approved by
the Governor. On May 24, 1973, the Legislature passed Title 2 of the Family
Code supra. It was approved by the Governor on June 15, 1973, and became
effective on January 1, 1974. Section 3 specifically provided that it repealed
Article 695c-2, supra.
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-. _
The Honorable Raymond Vowell, page 2 (H-237)
The Code Construction Act, Article 5429b-2, Vernon’s Texas Civil
Statutes, applies to the interpretation of codes enacted by the 60th or sub-
sequent Legislature and, inter alia, to the repeal of a statute by a code.
$ $ 1. 02(l) and 1. 02 (3). Its Section 3.11( c) provides:
l’(c) The repeal of a statute by a code does not
affect an amendment; revision, or reenactment of the
statute by the sane legislature which enacted the code.
The amendment; revision, or reenactment is preserved
and given effect as part of the code provision which
revised the statute so amended, revised, or reenacted. I’
In this case the repealed statute, Article 695c-2, was replaced by Chapter
34 of the Family Code. The “Section 3 of this Act, I’ referred to in H. B.
1414, is found, with minor additions, as Vernon’s Texas Family Code, $ 34. 02.
Therefore,. it is our opinion that H. B. 1414 was not repealed by Title 2 and is
effective and must be read in conjunction with Chapter 34 of the Family Code.
Your second question asks whether “the State Department of Public
Welfare and/or the county child welfare unit have the responsibility to report
cases of child abuse to state or local law enforcement officials? ”
Vernon’s Texas Family Code 5 $ 34.01 and 34.02(a) require that persons
report instances of child abuse or neglect to:
“(1) the county welfare unit;
“(2) the county agency responsible for the
protection of juveniles; or
“(3) any local or state 1aW enforcement agency. ”
(emphasis added)
The State Department of Public Welfare is a person for the purposes of this
section. Code Construction Act, supra, $ 1. 04(Z).
The use of the disjunctive indicates that a person is not required to report
to a law enforcement agency if he reports to a county welfare unit or other county
agency responsible for the protection of juveniles. This interpretation is sup-
I
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The Honorable Raymond Vowell, page 3 (H-237)
ported by Section 34. 02 (c) which provides that:
“All reports received by any local or
state law enforcement agency shall be referred
to the county child welfare unit, or to the county
agency responsible for the protection of juveniles. ”
and by Section 34. 05 (e) which provides that:
“The county agency responsible for the
protection of juveniles, or the county child
welfare unit, shall make a complete written
report of the investigation together with its
recommendations to the juvenile court or the
district court, the district attorney, and the
appropriate law enforcement agency. ”
The apparent designof the statute is that the county child welfare unit or other
county agency responsible for the protection of juveniles will make an initial
investigation of the report and then submit its findings to the appropriate law
enforcement officials.
Therefore, it is our opinion that the Department of Public Welfare is
not required to report cases of child abuse to law enforcement agencies if it
has reported these cases to the county child welfare unit or other countyagency
responsible for the protection of juveniles. Of course, if the Department
acquires its knowledge of a case of child abuse from a county agency it is not
required to re-report it to that same agency. It is also our opinion that the
county child welfare unit is required to report cases of child abuse to approb
priate law enforcement agencies, but only after it has made its investigation
and conclusions.
SUMMARY
Acts 1973, 63rd Leg. ch. 398, p. 881, which provides
a penalty for failure to report cases of child abuse, was not
repealed by Title 2 of the Family Code. The Department of
Public Welfare is not required to report cases of child abuse
p. 1104
,
The Honorable Raymond Vowell, page 4 (H-237)
to law enforcement agencies if it has brought the
case to the attention of the county child welfare unit
or other county agency responsible for the protection
of juveniles . The county child welfare unit is not
required to report cases of child abuse to appropriate
law enforcement agencies until it has completed its
investigation of the report.
Yours very truly,
Attorney General of Texas
ap
DAVID M. KENDALL, Chairman
Opinion Committee
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