BILL ANALYSIS |
C.S.H.B. 2849 |
By: Burkett |
Juvenile Justice & Family Issues |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties express concern that a family who is investigated by child protective services and against whom a finding of abuse and neglect is overturned may still suffer the stigma of having the person's name and records related to the case in certain Department of Family and Protective Services files. C.S.H.B. 2849 seeks to remedy this situation by providing for the removal of such information.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 2849 amends the Family Code to include among the rules the executive commissioner of the Health and Human Services Commission is required to adopt, for purposes of the central registry of the names of individuals found by the Department of Family and Protective Services (DFPS) to have abused or neglected a child, rules that require DFPS to remove a person's name from the central registry not later than the 10th business day after the date DFPS receives notice that a finding of abuse and neglect against the person is overturned in an administrative review or an appeal of a review relating to a DFPS child abuse or neglect investigation, a review or an appeal of the review conducted by the DFPS office of consumer affairs, or a hearing or an appeal conducted by the State Office of Administrative Hearings and rules that require DFPS to update any relevant DFPS files to reflect an overturned finding of abuse or neglect against a person not later than the 10th business day after the date the finding is overturned in such a review, hearing, or appeal.
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EFFECTIVE DATE
September 1, 2017.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 2849 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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