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A BILL TO BE ENTITLED
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AN ACT
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relating to access to certain records and documents in an |
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investigation of child abuse or neglect. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 261, Family Code, is |
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amended by adding Section 261.3051 to read as follows: |
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Sec. 261.3051. ACCESS TO CHILD'S MEDICAL OR MENTAL HEALTH |
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RECORDS. (a) The department or designated agency investigating a |
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report of child abuse or neglect shall have access to any records or |
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documents relating to the child who is the subject of the report as |
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necessary to perform the department's or agency's duties under this |
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chapter to investigate the report of child abuse or neglect, |
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including client-identifying information and medical and mental |
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health records. A person or agency that has a record or document |
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that the department or designated agency needs to perform its |
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duties under this chapter shall, without unnecessary delay, make |
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the record or document available to the department or agency. |
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(b) If the department or agency cannot obtain access to a |
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record or document that is necessary to properly conduct an |
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investigation or to perform another duty under this chapter, the |
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department or agency may petition the court having family law |
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jurisdiction for access to the record or document. |
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(c) The following persons are entitled to notice and a |
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hearing on a petition under this section for access to a record or |
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document: |
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(1) the person denying access to the record or |
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document; and |
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(2) the parent or person responsible for the child's |
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care. |
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(d) On good cause shown, the court shall order the person |
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who denied access to a record or document to allow the department or |
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agency to have access to the record or document under terms |
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prescribed by the court. |
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(e) Access to a confidential record under this section does |
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not constitute a waiver of confidentiality. |
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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, 2009. |