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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of certain information relating to child |
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fatalities resulting from abuse 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(a), Family Code, is amended to |
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read as follows: |
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(a) Except as provided by Section 261.203, the [The] |
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following information is confidential, is not subject to public |
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release under Chapter 552, Government Code, and may be disclosed |
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only for purposes consistent with this code and applicable federal |
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or state law or under rules adopted by an investigating agency: |
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(1) a report of alleged or suspected abuse or neglect |
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made under this chapter and the identity of the person making the |
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report; and |
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(2) except as otherwise provided in this section, the |
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files, reports, records, communications, audiotapes, videotapes, |
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and working papers used or developed in an investigation under this |
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chapter or in providing services as a result of an investigation. |
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SECTION 2. Subchapter C, Chapter 261, Family Code, is |
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amended by adding Section 261.203 to read as follows: |
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Sec. 261.203. INFORMATION RELATING TO CHILD FATALITY. (a) |
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Not later than the fifth day after the date the department is |
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notified of a child fatality in which there is a reasonable |
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suspicion that the fatality was caused by abuse or neglect, the |
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department, on request, shall release the following information |
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about the fatality: |
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(1) the age and sex of the child; |
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(2) the date of death; |
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(3) whether the state was the managing conservator of |
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the child at the time of the child's death; |
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(4) whether the child resided with the child's parent |
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or guardian at the time of the child's death; and |
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(5) whether an investigation of the child's death is |
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being conducted by the department or a law enforcement agency. |
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(b) If, after a child abuse or neglect investigation is |
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completed, the department, a medical examiner, or a justice of the |
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peace determines that abuse or neglect led to a child's death, the |
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department shall release the following information on request, |
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after providing the notice required by Subsection (d) and redacting |
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the information required by Subsection (e): |
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(1) the information described by Subsection (a); |
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(2) for cases in which the child's death occurred while |
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the child was living with the child's parent or guardian: |
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(A) any previous report of abuse or neglect of |
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the deceased child made while the child was living with that parent |
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or guardian; |
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(B) the results of the investigation of any |
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report under Paragraph (A); |
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(C) any risk or safety assessment completed by |
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the department relating to the deceased child; |
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(D) all medical records of the deceased child, |
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excluding mental health records, related to the child's death and |
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of any previous injury that reflects a pattern of abuse or neglect; |
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and |
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(E) copies of any police report concerning the |
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person the department determines abused or neglected the child; and |
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(3) for a case in which the child's death occurred |
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while the state was the managing conservator of the child, the |
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following documents relating to the substitute care provider with |
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whom the child was placed: |
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(A) records relating to the substitute care |
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provider's initial licensing and license renewals, including the |
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type of license held; |
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(B) any reported licensing violations, including |
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notice of any action taken by the department regarding a violation; |
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and |
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(C) records of the training completed by the |
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substitute care provider. |
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(c) The department shall release the information required |
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by Subsection (b) not later than the 10th day after the date the |
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department receives a request for the information or the date the |
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investigation is completed, whichever is later. |
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(d) After receiving a request for information required by |
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Subsection (b), the department shall notify and provide a copy of |
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the request to the attorney ad litem for the deceased child, if any. |
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(e) Before the department may release a document under |
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Subsection (b), the department must redact the following |
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information: |
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(1) the name, address, telephone number, ethnicity, |
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religion, or other identifying information of any person or |
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institution, other than the department or a law enforcement agency; |
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(2) any information that would, after consultation |
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with the appropriate prosecuting attorney, jeopardize a criminal |
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investigation or judicial proceeding; and |
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(3) any information that is privileged or confidential |
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under other state or federal law. |
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SECTION 3. Section 261.203, Family Code, as added by this |
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Act, applies only to information relating to a child fatality that |
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occurs on or after the effective date of this Act. Information |
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relating to a child fatality that occurred before the effective |
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date of this Act is governed by the law as it existed on the date the |
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child fatality occurred, and the former law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |