83R1455 MCK-F
 
  By: Zaffirini, West S.B. No. 44
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to maintaining and reporting certain information
  regarding certain child abuse or neglect cases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 261.002, Family Code, is amended by
  adding Subsections (d), (e), and (f) to read as follows:
         (d)  The department may not include in the registry a record
  of a case of child abuse or neglect in which a finding of abuse or
  neglect is based solely on the fact that the person relinquished
  custody of a child who suffers from a mental illness in order to
  obtain mental health services for the child.
         (e)  On petition by a person who relinquished custody of a
  child under circumstances described by Subsection (d), a court
  shall order the department to remove the record from the registry if
  the court finds that the finding of abuse or neglect is based solely
  on the fact that the person relinquished custody of a child who
  suffers from a mental illness in order to obtain mental health
  services for the child. A person may not file a petition under this
  subsection before the first anniversary of the date the department
  was named managing conservator of the child.
         (f)  In this section, "mental illness" has the meaning
  assigned by Section 571.003, Health and Safety Code.
         SECTION 2.  Section 261.004(b), Family Code, is amended to
  read as follows:
         (b)  The department shall report the following information:
               (1)  the number of initial phone calls received by the
  department alleging abuse and neglect;
               (2)  the number of children reported to the department
  as having been abused and neglected;
               (3)  the number of reports received by the department
  alleging abuse or neglect and assigned by the department for
  investigation;
               (4)  of the children to whom Subdivision (2) applies:
                     (A)  the number for whom the report was
  substantiated;
                     (B)  the number for whom the report was
  unsubstantiated;
                     (C)  the number for whom the report was determined
  to be false;
                     (D)  the number who did not receive services from
  the department under a state or federal program;
                     (E)  the number who received services, including
  preventative services, from the department under a state or federal
  program; and
                     (F)  the number who were removed from the child's
  home during the preceding year;
               (5)  the number of families in which the child was not
  removed, but the child or family received services from the
  department;
               (6)  the number of children who died during the
  preceding year as a result of child abuse or neglect;
               (7)  of the children to whom Subdivision (6) applies,
  the number who were in foster care at the time of death;
               (8)  the number of child protective services workers
  responsible for report intake, assessment, or investigation;
               (9)  the response time by the department with respect
  to conducting an initial investigation of a report of child abuse or
  neglect;
               (10)  the response time by the department with respect
  to commencing services to families and children for whom an
  allegation of abuse or neglect has been made;
               (11)  the number of children who were returned to their
  families or who received family preservation services and who,
  before the fifth anniversary of the date of return or receipt, were
  the victims of substantiated reports of child abuse or neglect,
  including abuse or neglect resulting in the death of the child;
               (12)  the number of cases pursued by the department in
  each stage of the judicial process, including civil and criminal
  proceedings and the results of each proceeding; [and]
               (13)  the number of children for whom a person was
  appointed by the court to represent the best interests of the child
  and the average number of out-of-court contacts between the person
  and the child; and
               (14)  the number of children who suffer from a mental
  illness, as defined by Section 571.003, Health and Safety Code, and
  for whom the department is appointed managing conservator because a
  person voluntarily relinquished custody of the child solely to
  obtain mental health services for the child.
         SECTION 3.  This Act takes effect September 1, 2013.