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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure and use of certain information in 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, Family Code, is amended by |
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adding Subsections (b-1) and (d) and amending Subsection (c) to |
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read as follows: |
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(b-1) The department may not disclose the name of a person |
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who is included in the registry due to a finding of abuse or neglect |
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that was based solely on the fact that the person relinquished |
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custody of a child who suffers from a severe emotional disturbance |
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in order to obtain mental health services for the child. |
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(c) Except as provided by Subsection (d), the [The] |
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department may enter into agreements with other states to allow for |
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the exchange of reports of child abuse and neglect in other states' |
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central registry systems. The department shall use information |
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obtained under this subsection in performing the background checks |
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required under Section 42.056, Human Resources Code. The |
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department shall cooperate with federal agencies and shall provide |
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information and reports of child abuse and neglect to the |
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appropriate federal agency that maintains the national registry for |
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child abuse and neglect, if a national registry exists. |
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(d) The department may not provide to another state or a |
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federal agency information regarding a person who is included in |
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the registry due to a finding of abuse or neglect that was based |
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solely on the fact that the person relinquished custody of a child |
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who suffers from a severe emotional disturbance in order to obtain |
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mental health services for the child. |
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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 a person relinquishes custody of a child who suffers from a |
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severe emotional disturbance in order to obtain mental health |
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services for the child, the department must, if it is in the best |
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interest of the child, discuss with the person relinquishing |
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custody of the child the option of seeking a court order for joint |
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managing conservatorship of the child with the department. |
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(b) Not later than December 31 of each year, the department |
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shall report the following information to the legislature with |
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respect to persons described by Subsection (a): |
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(1) the number of persons to whom the department has |
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offered the option of seeking a court order for joint managing |
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conservatorship of a child with the department; and |
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(2) the number of persons with whom the department |
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shares joint managing conservatorship of a child. |
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SECTION 3. This Act takes effect September 1, 2015. |