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A BILL TO BE ENTITLED
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AN ACT
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relating to maintaining and reporting certain information |
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regarding certain child abuse or neglect cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.002, Family Code, is amended by |
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adding Subsections (d), (e), and (f) to read as follows: |
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(d) The department may not include in the registry a record |
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of a case of child abuse or neglect in which a finding of abuse or |
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neglect is based solely on the fact that the person relinquished |
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custody of a child who suffers from a mental illness in order to |
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obtain mental health services for the child. |
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(e) On petition by a person who relinquished custody of a |
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child under circumstances described by Subsection (d), a court |
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shall order the department to remove the record from the registry if |
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the court finds that the finding of abuse or neglect is based solely |
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on the fact that the person relinquished custody of a child who |
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suffers from a mental illness in order to obtain mental health |
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services for the child. A person may not file a petition under this |
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subsection before the first anniversary of the date the department |
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was named managing conservator of the child. |
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(f) In this section, "mental illness" has the meaning |
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assigned by Section 571.003, Health and Safety Code. |
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SECTION 2. Section 261.004(b), Family Code, is amended to |
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read as follows: |
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(b) The department shall report the following information: |
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(1) the number of initial phone calls received by the |
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department alleging abuse and neglect; |
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(2) the number of children reported to the department |
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as having been abused and neglected; |
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(3) the number of reports received by the department |
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alleging abuse or neglect and assigned by the department for |
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investigation; |
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(4) of the children to whom Subdivision (2) applies: |
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(A) the number for whom the report was |
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substantiated; |
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(B) the number for whom the report was |
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unsubstantiated; |
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(C) the number for whom the report was determined |
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to be false; |
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(D) the number who did not receive services from |
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the department under a state or federal program; |
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(E) the number who received services, including |
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preventative services, from the department under a state or federal |
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program; and |
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(F) the number who were removed from the child's |
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home during the preceding year; |
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(5) the number of families in which the child was not |
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removed, but the child or family received services from the |
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department; |
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(6) the number of children who died during the |
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preceding year as a result of child abuse or neglect; |
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(7) of the children to whom Subdivision (6) applies, |
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the number who were in foster care at the time of death; |
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(8) the number of child protective services workers |
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responsible for report intake, assessment, or investigation; |
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(9) the response time by the department with respect |
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to conducting an initial investigation of a report of child abuse or |
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neglect; |
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(10) the response time by the department with respect |
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to commencing services to families and children for whom an |
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allegation of abuse or neglect has been made; |
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(11) the number of children who were returned to their |
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families or who received family preservation services and who, |
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before the fifth anniversary of the date of return or receipt, were |
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the victims of substantiated reports of child abuse or neglect, |
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including abuse or neglect resulting in the death of the child; |
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(12) the number of cases pursued by the department in |
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each stage of the judicial process, including civil and criminal |
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proceedings and the results of each proceeding; [and] |
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(13) the number of children for whom a person was |
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appointed by the court to represent the best interests of the child |
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and the average number of out-of-court contacts between the person |
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and the child; and |
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(14) the number of children who suffer from a mental |
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illness, as defined by Section 571.003, Health and Safety Code, and |
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for whom the department is appointed managing conservator because a |
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person voluntarily relinquished custody of the child solely to |
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obtain mental health services for the child. |
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SECTION 3. This Act takes effect September 1, 2013. |