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A BILL TO BE ENTITLED
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AN ACT
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relating to the central registry of names of individuals found to |
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have abused or neglected a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.002, Family Code, is amended by |
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amending Subsection (b) and adding Subsections (d), (e), and (f) to |
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read as follows: |
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(b) The executive commissioner shall adopt rules necessary |
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to carry out this section. The rules shall: |
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(1) prohibit the department from making a finding of |
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abuse or neglect against a person in a case in which the department |
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is named managing conservator of a child who has a severe emotional |
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disturbance only because the child's family is unable to obtain |
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mental health services for the child; |
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(2) establish guidelines for reviewing the records in |
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the registry and removing those records in which the department was |
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named managing conservator of a child who has a severe emotional |
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disturbance only because the child's family was unable to obtain |
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mental health services for the child; |
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(3) require the department to remove a person's name |
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from the central registry maintained under this section not later |
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than the 10th business day after the date the department receives |
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notice that a finding of abuse and neglect against the person is |
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overturned in: |
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(A) an administrative review or an appeal of the |
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review conducted under Section 261.309(c); |
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(B) a review or an appeal of the review conducted |
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by the office of consumer affairs of the department; or |
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(C) a hearing or an appeal conducted by the State |
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Office of Administrative Hearings; [and] |
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(4) require the department to update any relevant |
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department files to reflect an overturned finding of abuse or |
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neglect against a person not later than the 10th business day after |
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the date the finding is overturned in a review, hearing, or appeal |
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described by Subdivision (3); and |
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(5) establish guidelines for providing access to the |
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registry to entities as required by Subsection (d). |
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(d) The department shall provide access to the central |
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registry maintained under this section to: |
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(1) a facility, home, or agency: |
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(A) licensed, certified, registered, or listed |
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under Chapter 42, Human Resources Code; or |
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(B) exempt from the licensing requirements under |
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Section 42.041(b), Human Resources Code; |
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(2) an independent school district; |
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(3) an open-enrollment charter school; and |
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(4) a private school accredited by an organization |
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recognized by: |
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(A) the Texas Education Agency; or |
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(B) the Texas Private School Accreditation |
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Commission. |
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(e) A state agency that maintains records of abuse and |
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neglect findings, including the Texas Education Agency, shall: |
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(1) provide a copy of the records to the department; |
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and |
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(2) not later than the 10th day after the date a state |
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agency receives a record of an abuse or neglect finding, provide a |
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copy of the record to the department. |
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(f) The department shall include information from a record |
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provided under Subsection (e) in the central registry under this |
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section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |