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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of certain child fatality and near fatality |
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information for abused or neglected children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.203(b), Family Code, is amended to |
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read as follows: |
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(b) If, after a child abuse or neglect investigation |
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described by Subsection (a) is completed, the department determines |
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a child's death, or a child's critical injury that reasonably could |
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have resulted in the child's death, was caused by abuse or neglect, |
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the department on request shall promptly release all investigation |
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information not prohibited from release under federal law, |
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including the following information [on request]: |
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(1) the information described by Subsection (a), if |
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not previously released to the person requesting the information; |
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(2) information on whether a child's death was |
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determined by the department to be attributable to abuse or neglect |
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or resulted in a criminal investigation or the filing of criminal |
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charges; |
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(3) for cases in which the child's death occurred while |
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the child was living with the child's parent, managing conservator, |
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guardian, or other person entitled to possession of the child: |
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(A) a summary of any previous reports of abuse or |
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neglect of the deceased child or another child made while the child |
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was living with that parent, managing conservator, guardian, or |
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other person entitled to possession of the child; |
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(B) the disposition of any report under Paragraph |
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(A); |
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(C) a description of any [the] services, |
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including family-based safety services [if any], that were provided |
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or offered by the department to the child or the child's family as a |
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result of any report under Paragraph (A) and whether the services |
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were accepted or declined; and |
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(D) the results of any risk or safety assessment |
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completed by the department relating to the deceased child; and |
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(4) [(3)] for a case in which the child's death |
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occurred while the child was in substitute care with the department |
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or with a residential child-care provider regulated under Chapter |
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42, Human Resources Code, the following information: |
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(A) the date the substitute care provider with |
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whom the child was residing at the time of death was licensed or |
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verified; |
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(B) a summary of any previous reports of abuse or |
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neglect investigated by the department relating to the substitute |
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care provider, including the disposition of any investigation |
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resulting from a report; |
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(C) any reported licensing violations, including |
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notice of any action taken by the department regarding a violation; |
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and |
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(D) records of any training completed by the |
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substitute care provider while the child was placed with the |
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provider. |
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SECTION 2. Subchapter C, Chapter 261, Family Code, is |
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amended by adding Section 261.204 to read as follows: |
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Sec. 261.204. ANNUAL CHILD FATALITY REPORT. (a) The |
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department shall compile and publish an annual report on child |
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fatality investigations for which the department made a finding |
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regarding abuse or neglect, including cases in which the department |
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determined the fatality was not the result of abuse or neglect. The |
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report must protect the identity of individuals involved and |
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contain for each case the following information: |
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(1) the age and sex of the child and the county in |
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which the fatality occurred; |
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(2) whether the state was the managing conservator of |
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the child or whether the child resided with the child's parent, |
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managing conservator, guardian, or other person entitled to the |
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possession of the child at the time of the fatality; |
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(3) the relationship to the child of the individual |
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alleged to have abused or neglected the child, if any; |
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(4) the number of any department abuse or neglect |
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investigations involving the child or the individual alleged to |
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have abused or neglected the child during the two years preceding |
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the date of the fatality and the results of the investigations; |
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(5) whether the department offered family-based |
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safety services or conservatorship services to the child or family; |
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(6) the types of abuse and neglect alleged in the |
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reported investigations, if any; and |
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(7) any trends identified in the investigations |
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contained in the report. |
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(b) The department may release additional information in |
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the annual report if the release of the information is not |
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prohibited by state or federal law. |
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(c) The department shall post the annual report on the |
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department's Internet website and otherwise make the report |
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available to the public. |
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(d) The executive commissioner of the Health and Human |
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Services Commission may adopt rules to implement this section. |
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SECTION 3. Section 261.203(b), Family Code, as amended by |
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this Act, applies only to a request for information related to a |
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child fatality or near fatality submitted to the Department of |
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Family and Protective Services on or after the effective date of |
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this Act. |
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SECTION 4. Not later than March 1, 2016, the Department of |
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Family and Protective Services shall publish on its Internet |
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website the initial report required by Section 261.204, Family |
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Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2015. |