HB 1128

Bill Subjects

Abstract

Provides that coaches and athletic facility staff members have a duty to report child abuse to: (1) the department of child services (department) or the local law enforcement agency; and (2) the individual in charge of the school or athletic facility. Provides that the individual in charge of the school or athletic facility has a duty to report or cause the child abuse to be reported. Provides that a criminal investigation under this law does not affect a victim's right to seek civil remedies. Requires that if a report alleges that a youth coach is the abuser, the department shall investigate the school or athletic facility to determine whether the school or athletic facility reasonably should have known that the alleged abuse was happening. Provides that in determining whether the school or athletic facility reasonably should have known, the department may consider: (1) whether there have been previous allegations against the coach; (2) whether there are disciplinary records for the coach involving inappropriate behavior with a minor; and (3) whether the school or athletic facility properly reported any previous allegations against the coach or disciplinary records involving the coach's inappropriate behavior with a minor. Raises the penalty for failure to report to a Level 5 felony. (Under current law, it is a Class B misdemeanor.)