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A BILL TO BE ENTITLED
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AN ACT
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relating to access to information regarding reports of child abuse |
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or neglect. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.201, Family Code, is amended by |
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amending Subsection (g) and adding Subsection (g-1) to read as |
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follows: |
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(g) Notwithstanding Subsection (a) [(b)], the department or |
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a law enforcement agency investigating a report of abuse or |
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neglect, on request [and subject to department rule], shall provide |
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to the child and the parent, managing conservator, or other legal |
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representative of the [a] child who is the subject of reported abuse |
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or neglect information concerning the reported abuse or neglect |
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that would otherwise be confidential under this section. The [if
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the] department or law enforcement agency shall withhold |
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information under this subsection if the parent, managing |
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conservator, or other legal representative of the child requesting |
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the information is alleged to have committed the abuse or neglect. |
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(g-1) Before a child or a parent, managing conservator, or |
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other legal representative of a child may inspect or copy a record |
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or file concerning the child under Subsection (g), the custodian of |
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the record or file must redact: |
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(1) any personally identifiable information about a |
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victim or witness under 18 years of age unless that victim or |
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witness is: |
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(A) the child under Subsection (g); or |
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(B) another child of the parent, managing |
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conservator, or other legal representative requesting the |
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information; |
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(2) any information that is excepted from required |
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disclosure under Chapter 552, Government Code, or other law; and |
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(3) [has edited the information to protect the
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confidentiality of] the identity of the person who made the report |
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of abuse or neglect [and any other person whose life or safety may
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be endangered by the disclosure]. |
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SECTION 2. This Act takes effect September 1, 2009. |