| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the preparation of case records of children discharged |
|
|
from foster care. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 264, Family Code, is |
|
|
amended by adding Section 264.0145 to read as follows: |
|
|
Sec. 264.0145. PREPARATION AND RELEASE OF CASE RECORD. (a) |
|
|
In this section, "case record" means those files, reports, records, |
|
|
communications, audiotapes, videotapes, or working papers under |
|
|
the custody and control of the department that are collected, |
|
|
developed, or used: |
|
|
(1) in a child abuse or neglect investigation; or |
|
|
(2) in providing services as a result of an |
|
|
investigation, including substitute care services for a child. |
|
|
(b) Not later than the 30th day before the date a child is |
|
|
discharged from foster care, the department shall assemble and |
|
|
prepare the child's case record for release to the child. The |
|
|
department shall redact any information from the case record that |
|
|
is confidential and may not be provided to the child under statute |
|
|
or department rule. |
|
|
(c) The department is not required to release a copy of the |
|
|
case record except as provided by law. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to the case record of a child discharged from foster care on or |
|
|
after the 30th day following the effective date of this Act. The |
|
|
case record of a child discharged from foster care before the 30th |
|
|
day following the effective date of this Act is governed by the law |
|
|
applicable at the time of the child's discharge, and the former law |
|
|
is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2011. |