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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedures regarding addition or removal of |
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names from the central registry of individuals found to have abused |
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or neglected a child. |
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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 Subsection (a-1) to read as follows: |
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(a-1) The department shall immediately remove from the |
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central registry the name of an individual placed in the registry |
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with respect to a child if: |
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(1) the department determines, after contacting a |
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professional or other credible source, that the child's safety can |
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be assured without further investigation, response, services, or |
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assistance and administratively closes the case alleging the |
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individual's abuse or neglect of the child; |
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(2) the department makes a formal determination that |
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the individual did not abuse or neglect the child; |
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(3) after an administrative review conducted under |
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Section 261.309(c), the department alters or reverses the |
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department's original determination in the investigation and |
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determines that the individual did not abuse or neglect the child; |
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or |
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(4) a court does not make the findings required under |
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Chapter 262 for the department to be appointed temporary or |
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permanent managing conservator of the child and the court's ruling |
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is not overturned on appeal. |
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SECTION 2. Section 261.002, Family Code, is amended by |
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amending Subsection (b) and adding Subsections (d), (e), and (f) to |
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read as follows: |
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(b) The executive commissioner shall adopt rules necessary |
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to carry out this section. The rules must include procedural |
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protections for individuals found by the department to have abused |
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or neglected a child. 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. |
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(d) Before the department may add to the central registry |
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the name of an individual found by the department to have abused or |
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neglected a child, the department must provide to the individual: |
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(1) written notice that the individual's name and |
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information regarding the reported case of abuse or neglect will be |
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added to the registry; |
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(2) a copy of the information that will be added to the |
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registry; and |
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(3) information regarding the opportunity to appeal |
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the department's finding of abuse or neglect as provided by |
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Subsection (e). |
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(e) An individual who is found by the department to have |
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abused or neglected a child may appeal the department's finding by |
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requesting a hearing conducted by the State Office of |
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Administrative Hearings solely on the issue of whether the |
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individual's name should be added to the central registry. The |
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hearing must be conducted at the State Office of Administrative |
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Hearings site that is closest in proximity to the individual's |
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county of residence unless all parties to the hearing agree to a |
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different location. An appeal under this subsection is a contested |
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case under Chapter 2001, Government Code. |
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(f) The department may not include an individual's name in |
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central registry if the department's finding of abuse or neglect is |
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not sustained by an administrative law judge following a hearing |
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under this section. |
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SECTION 3. The changes in law made by this Act in Section 1 |
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apply only to a finding that an individual abused or neglected a |
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child made by the Department of Family and Protective Services on or |
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after the effective date of this Act. A finding made by the |
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department before that date is governed by the law in effect on the |
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date the finding was made, and the former law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |