1. (a) In this section:

   1. (1) "Physical abuse" means:

      1. (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
      2. (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. (2) "Sexual abuse" means:

      1. (A) sexual conduct harmful to a child's mental, emotional, or physical welfare; or
      2. (B) failure to make a reasonable effort to prevent sexual conduct harmful to a child.
2. (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.

3. (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. (1) regarding the number of cases of physical and sexual abuse committed by a child against another child;
   2. (2) identifying the residential child-care facility;
   3. (3) regarding the date each allegation of abuse was made;
   4. (4) regarding the date each investigation was started and concluded;
   5. (5) regarding the findings and results of each investigation; and
   6. (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.