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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. Subsection (a), Section 261.201, Family Code, is |
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amended to 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. |
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(a) Not later than the fifth day after the date the department |
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receives a request for information about a child fatality with |
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respect to which the department is conducting an investigation of |
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alleged abuse or neglect, the department shall release: |
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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; and |
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(4) whether the child resided with the child's parent, |
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managing conservator, guardian, or other person entitled to |
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possession of the child at the time of the child's death. |
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(b) If, after a child abuse or neglect investigation is |
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completed, the department determines a child's death was caused by |
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abuse or neglect, the department shall promptly release the |
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following information on request: |
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(1) the information described by Subsection (a), if |
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not previously released to the person requesting the information; |
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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, managing conservator, |
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guardian, or other person entitled to possession of the child: |
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(A) a summary of any previous reports of abuse or |
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neglect of the deceased child or another child made while the child |
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was living with that parent, managing conservator, guardian, or |
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other person entitled to possession of the child; |
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(B) the disposition of any report under Paragraph |
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(A); |
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(C) a description of the services, if any, that |
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were provided by the department to the child or the child's family |
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as a result of any report under Paragraph (A); and |
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(D) the results of any risk or safety assessment |
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completed by the department relating to the deceased child; and |
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(3) for a case in which the child's death occurred |
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while the child was in substitute care with the department or with a |
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residential child-care provider regulated under Chapter 42, Human |
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Resources Code, the following information: |
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(A) the date the substitute care provider with |
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whom the child was residing at the time of death was licensed or |
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verified; |
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(B) a summary of any previous reports of abuse or |
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neglect investigated by the department relating to the substitute |
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care provider, including the disposition of any investigation |
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resulting from a report; |
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(C) 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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(D) records of any training completed by the |
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substitute care provider while the child was placed with the |
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provider. |
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(c) If the department is unable to release the information |
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required by Subsection (b) before the 11th 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 of the child fatality is completed, whichever is |
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later, the department shall inform the person requesting the |
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information of the date the department will release the |
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information. |
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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 releases any information under |
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Subsection (b), the department shall redact from the records any |
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information the release of which would: |
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(1) identify: |
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(A) the individual who reported the abuse or |
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neglect; or |
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(B) any other individual other than the deceased |
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child or an alleged perpetrator of the abuse or neglect; |
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(2) jeopardize an ongoing criminal investigation or |
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prosecution; |
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(3) endanger the life or safety of any individual; or |
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(4) violate other state or federal law. |
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(f) The executive commissioner of the Health and Human |
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Services Commission shall adopt rules to implement this section. |
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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. |
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