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A BILL TO BE ENTITLED
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AN ACT
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relating to the exclusion of certain information from the |
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Department of Family and Protective Services central registry of |
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child abuse or neglect cases and the report of certain information |
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regarding those cases to the legislature. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.002(b), Family Code, as amended by |
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S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015, |
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is amended to read as follows: |
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(b) The executive commissioner may adopt rules necessary to |
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carry out this section. The rules shall: |
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(1) prohibit the department from making a finding of |
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abuse or neglect against a person in a case in which the department |
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is named managing conservator of a child who has a severe emotional |
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disturbance only because the child's family is unable to obtain |
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mental health services for the child; and |
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(2) establish guidelines for reviewing the records in |
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the registry and removing those records in which the department was |
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named managing conservator of a child who has a severe emotional |
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disturbance only because the child's family was unable to obtain |
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mental health services for the child [provide for cooperation with
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local child service agencies, including hospitals, clinics, and
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schools, and cooperation with other states in exchanging reports to
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effect a national registration system]. |
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SECTION 2. Section 262.352, Family Code, is amended to read |
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as follows: |
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Sec. 262.352. JOINT MANAGING CONSERVATORSHIP OF CHILD. (a) |
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Before the department files a suit affecting the parent-child |
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relationship requesting managing conservatorship [a person
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relinquishes custody] of a child who suffers from a severe |
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emotional disturbance in order to obtain mental health services for |
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the child, the department must, unless [if] it is not in the best |
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interest of the child, discuss with the child's parent or legal |
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guardian [person relinquishing custody of the child] the option of |
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seeking a court order for joint managing conservatorship of the |
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child with the department. |
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(b) Not later than November 1 of each even-numbered year, |
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the department shall report the following information to the |
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legislature: |
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(1) with respect to children described by Subsection |
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(a): |
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(A) the number of children for whom the |
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department has been appointed managing conservator; |
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(B) the number of children for whom the |
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department has been appointed joint managing conservator; and |
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(C) the number of children who were diverted to |
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community or residential mental health services through another |
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agency; and |
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(2) the number of persons whose names were entered |
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into the central registry of cases of child abuse and neglect only |
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because the department was named managing conservator of a child |
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who has a severe emotional disturbance because the child's family |
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was unable to obtain mental health services for the child. |
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(c) Subsection (b) and this subsection expire September 1, |
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2019. |
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SECTION 3. Section 262.353, Family Code, is repealed. |
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SECTION 4. The Department of Family and Protective Services |
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shall implement the changes in law made by this Act using funds |
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appropriated to the department for the state fiscal biennium ending |
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August 31, 2017. |
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SECTION 5. This Act takes effect September 1, 2015. |