H.B. No. 2849
 
 
 
 
AN ACT
  relating to the procedures for removing certain persons' names from
  the child abuse and neglect central registry.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 261.002(b), Family Code, is amended to
  read as follows:
         (b)  The executive commissioner shall adopt rules necessary
  to carry out this section.  The rules shall:
               (1)  prohibit the department from making a finding of
  abuse or neglect against a person in a case in which the department
  is named managing conservator of a child who has a severe emotional
  disturbance only because the child's family is unable to obtain
  mental health services for the child; [and]
               (2)  establish guidelines for reviewing the records in
  the registry and removing those records in which the department was
  named managing conservator of a child who has a severe emotional
  disturbance only because the child's family was unable to obtain
  mental health services for the child;
               (3)  require the department to remove a person's name
  from the central registry maintained under this section not later
  than the 10th business day after the date the department receives
  notice that a finding of abuse and neglect against the person is
  overturned in:
                     (A)  an administrative review or an appeal of the
  review conducted under Section 261.309(c);
                     (B)  a review or an appeal of the review conducted
  by the office of consumer affairs of the department; or
                     (C)  a hearing or an appeal conducted by the State
  Office of Administrative Hearings; and
               (4)  require the department to update any relevant
  department 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 a review, hearing, or appeal
  described by Subdivision (3).
         SECTION 2.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2849 was passed by the House on May 4,
  2017, by the following vote:  Yeas 143, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2849 was passed by the Senate on May
  19, 2017, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor