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A BILL TO BE ENTITLED
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AN ACT
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relating to investigations of child abuse and neglect and the |
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procedures for adding names to or removing names from the central |
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registry of child abuse and neglect. |
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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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amending Subsections (a) and (b) and adding Subsections (a-1), |
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(a-2), and (b-1) to read as follows: |
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(a) The department shall establish and maintain a central |
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registry of the names of persons [individuals] found by the |
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department to have abused or neglected a child other than persons |
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whose case was assigned the severity code "Low". Except as provided |
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by Subsection (a-1), the department shall maintain the person's |
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name in the registry until: |
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(1) the fifth anniversary of the date of the finding |
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for a case assigned the severity code "Moderate"; |
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(2) the 15th anniversary of the date of the finding for |
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a case assigned the severity code "Serious"; |
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(3) the 30th anniversary of the date of the finding for |
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a case assigned the severity code "Severe" or the 15th anniversary |
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of the date of the finding if the court returned the child to the |
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child's home during the period within which the court must render a |
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final order under Chapter 263; and |
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(4) the 99th anniversary of the date of the finding for |
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a case assigned the severity code "Near Fatal" or "Fatal". |
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(a-1) If the department's finding of abuse or neglect is |
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sustained by an administrative law judge of the State Office of |
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Administrative Hearings, the department shall maintain the |
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person's name in the central registry until the 20th anniversary of |
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the date of the finding or the date designated under Subsection (a), |
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whichever is longer. |
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(a-2) The department may not maintain a person's name in the |
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central registry after the date the department disposes of the case |
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records related to the investigation. |
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(b) The [executive] commissioner shall adopt rules |
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necessary to carry out this section. 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; |
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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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(3) require the department to remove a person's name |
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from the central registry maintained under this section not later |
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than the 10th business day after: |
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(A) the date the department receives notice that |
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a finding of abuse and neglect against the person is overturned in: |
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(i) [(A)] an administrative review or an |
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appeal of the review conducted under Section 261.309(c); |
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(ii) [(B)] a review or an appeal of the |
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review conducted by the office of consumer relations [affairs] of |
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the department; or |
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(iii) [(C)] a hearing or an appeal |
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conducted by the State Office of Administrative Hearings; or |
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(B) the date the expungement review panel renders |
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a decision to remove a person's name from the registry after |
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conducting an expungement hearing under Subchapter G; and |
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(4) require the department to update any relevant |
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department files to reflect an overturned finding of abuse or |
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neglect against a person not later than the 10th business day after |
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the date the finding is overturned in a review, hearing, or appeal |
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described by Subdivision (3). |
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(b-1) The department shall remove from the central registry |
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the name of any person against whom the department made a finding of |
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abuse or neglect when the person was younger than 18 years of age |
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if: |
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(1) two years have passed since the department made |
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the finding; |
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(2) the department has not made any subsequent finding |
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of abuse or neglect against the person; |
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(3) the person has not had a juvenile offender |
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adjudication for any act other than the same incident that resulted |
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in the finding made by the department; and |
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(4) the person has not had any criminal adjudications |
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for an offense involving child abuse or neglect other than the |
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incident that resulted in the finding made by the department. |
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SECTION 2. Subchapter D, Chapter 261, Family Code, is |
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amended by adding Section 261.3081 to read as follows: |
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Sec. 261.3081. SEVERITY CODES. (a) The department shall |
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assign a severity code as provided by this section to each |
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substantiated finding of abuse or neglect made by the department in |
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an investigation relating to a person described in Sections |
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261.001(5)(A)-(D). |
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(b) The department shall assign the severity code "Low" to |
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an isolated incident where there was a threat of harm but no injury |
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to the child and the incident was due to an accident or parental |
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mistake that does not pose an ongoing risk of harm beyond the |
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incident. The "Low" severity code is limited to substantiated |
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findings of neglectful supervision. The department may not use the |
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severity code "Low" in an investigation of a school under Section |
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261.406 in which the department substantiated findings of abuse or |
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neglect. |
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(c) The department shall assign the severity code |
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"Moderate" to an incident of abuse or neglect in which there is a |
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low or moderate risk of future harm to a child, there are no |
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unmanaged dangers in the home, the incident does not result in |
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removal, and the department closes the investigation with a |
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recommendation for community services. The severity code |
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"Moderate" is limited to substantiated findings of emotional abuse, |
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neglectful supervision, and physical abuse consisting of an |
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isolated incident of inappropriate discipline that does not require |
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care by a medical provider or result in substantial injury to the |
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child. |
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(d) The department shall assign the severity code "Serious" |
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to an incident of abuse or neglect in which there is a high risk of |
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future harm to a child, there are unmanaged dangers in the home, and |
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without services to the family removal of the child from the home |
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would be necessary. The severity code "Serious" is limited to |
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substantiated findings of emotional abuse, neglectful supervision, |
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refusal to accept parental responsibility, medical or physical |
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neglect if the incident did not result in any harm or injury to the |
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child, and physical abuse excluding circumstances of physical abuse |
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that resulted in serious injury to a child. |
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(e) The department shall assign the severity code "Severe" |
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to an incident of abuse or neglect in which there is a very high risk |
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of future harm to a child, there are unmanaged dangers in the home, |
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and a court in a suit affecting the parent-child relationship |
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renders an order removing the child from the home. The severity |
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code "Severe" is limited to substantiated findings of sexual abuse, |
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physical abuse that resulted in serious injury to the child, |
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medical or physical neglect that resulted or could have resulted in |
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impairment to the child's overall health or well-being, sex or |
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labor trafficking, forced marriage, and abandonment. |
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(f) The department shall assign the severity code "Near |
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Fatal" to an incident of abuse or neglect that meets the definition |
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of near fatality in Section 264.5031. |
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(g) The department shall assign the severity code "Fatal" to |
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an incident of abuse or neglect that results in a child fatality. |
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(h) This section does not apply to a person alleged to have |
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abused or neglected a child at a child-care facility as defined by |
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Section 42.002(3), Human Resources Code. |
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(i) The commissioner may adopt rules to implement this |
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section. |
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SECTION 3. Subchapter D, Chapter 261, Family Code, is |
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amended by adding Section 261.317 to read as follows: |
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Sec. 261.317. RECORDS RETENTION; EXPUNCTION. (a) The |
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department may retain records related to an investigation under |
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this chapter in accordance with the department's records retention |
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schedule after a person's name has been removed from the central |
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registry in order to perform background checks required under |
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Section 42.056, Human Resources Code, and to conduct risk and |
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safety assessments. |
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(b) The department shall comply with a court order directing |
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expunction of the department's records concerning a person for whom |
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the department maintains records. |
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SECTION 4. Chapter 261, Family Code, is amended by adding |
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Subchapter G to read as follows: |
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SUBCHAPTER G. REMOVING NAMES FROM CENTRAL REGISTRY OF ABUSE AND |
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NEGLECT |
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Sec. 261.601. DEFINITION. In this subchapter, "central |
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registry" means the central registry of the names of persons found |
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by the department to have abused or neglected a child maintained by |
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the department under Section 261.002. |
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Sec. 261.602. NONAPPLICABILITY OF SUBCHAPTER. This |
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subchapter does not apply to persons alleged to have abused or |
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neglected a child in a child-care facility as defined by Section |
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42.002(3), Human Resources Code, or to school investigations |
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conducted under Section 261.406. |
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Sec. 261.603. EXPUNGEMENT REVIEW PANEL; MEMBERS. (a) The |
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department shall establish an expungement review panel to review |
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requests to have a person's name removed from the central registry. |
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(b) The expungement review panel is composed of department |
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employees and a representative of the public appointed by the |
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commissioner. Members of the review panel serve two-year terms and |
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may serve for not more than three terms. |
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(c) A person may not serve as a public member of the |
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expungement review panel if the person: |
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(1) has been convicted of or indicted for an offense |
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involving child abuse or neglect; |
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(2) has been determined by the department to have |
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engaged in child abuse or neglect; or |
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(3) is under investigation by the department for child |
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abuse or neglect. |
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(d) The public member of the expungement review panel is a |
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department volunteer for the purposes of Section 411.114, |
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Government Code. |
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(e) The members of the expungement review panel are immune |
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from civil or criminal liability for any act or omission that |
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relates to their duty or responsibility as a member of the review |
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panel if they acted in good faith and within the scope of their |
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responsibility, as provided in Section 40.061, Human Resources |
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Code. |
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Sec. 261.604. REQUEST FOR REMOVAL OF NAME. (a) A person |
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who desires to have the person's name removed from the central |
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registry shall submit a written request to the commissioner that |
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includes a letter describing the reason for the request. |
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(b) Only the following persons may make a request to have |
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their name removed from the central registry as provided by this |
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subchapter: |
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(1) a parent, guardian, or managing or possessory |
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conservator of the child; |
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(2) a member of the child's family or household as |
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defined by Chapter 71; and |
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(3) a person with whom the child's parent cohabits. |
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(c) A person may not make a request under this section |
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before the third anniversary of the date the department made the |
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finding of child abuse or neglect. |
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(d) If the expungement review panel denies a request under |
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this section after a hearing, the person may not submit a subsequent |
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request until the first anniversary of the date the review panel |
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rendered a decision on the person's last request. |
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(e) A person who has been determined by the department to |
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have engaged in child abuse or neglect is not eligible for a review |
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under this subchapter if: |
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(1) the incident of abuse or neglect resulted in a |
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child fatality or near fatality; |
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(2) a court ordered termination of the parent-child |
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relationship as a result of the abuse or neglect; or |
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(3) following the date of the department's |
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determination, the department makes another substantiated finding |
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of abuse and neglect by the person or the person had a criminal |
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adjudication for an offense involving child abuse or neglect. |
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Sec. 261.605. HEARING DATE AND NOTICE; LIMITATION. (a) On |
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receipt of a request under Section 261.604(a), the commissioner |
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shall notify the expungement review panel of the request. The |
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review panel shall set a date for a hearing on the request. The |
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review panel shall hold the hearing not later than the 60th day |
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after the date the commissioner receives the request, unless the |
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panel has good cause for holding the hearing after that date. |
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(b) The expungement review panel shall send written notice |
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of the date, time, and location of the hearing to the requestor and |
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the regional office that conducted the original investigation. |
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Sec. 261.606. REVIEW HEARING. (a) At the hearing, the |
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person requesting the review may present evidence supporting |
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removal of the person's name from the central registry. The person |
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has the burden of providing the expungement review panel with the |
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basis for granting the request and may present evidence including: |
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(1) completion of treatment services or programs |
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related to the finding; |
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(2) letters of support from professionals or others; |
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(3) evidence of activities that would reflect upon the |
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person's changed behavior or circumstances such as therapy, |
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employment, or education; and |
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(4) any other relevant evidence that shows changed |
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circumstances. |
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(b) The regional office of the department that conducted the |
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original investigation may: |
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(1) present evidence in support of or in opposition to |
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the request; and |
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(2) make a recommendation regarding the request. |
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Sec. 261.607. EXPUNGEMENT REVIEW PANEL'S DECISION. (a) |
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Not later than the 45th day after the date of the hearing, the |
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expungement review panel shall render a written decision on the |
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request that includes the review panel's reasons for the decision. |
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The review panel's decision must be by majority vote. |
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(b) The expungement review panel shall provide the written |
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decision to the person requesting the review and to the |
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department's commissioner, deputy commissioner, chief of staff, |
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and associate commissioner for child protective investigations. |
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(c) The expungement review panel shall consider the |
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following factors in making its decision: |
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(1) the nature and severity of the allegations of |
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abuse or neglect and the circumstances surrounding the allegations; |
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(2) the number of findings of abuse or neglect |
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involving the person; |
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(3) whether the person was a child at the time the |
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finding of abuse or neglect was made and the person's age at the |
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time of the incident; |
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(4) whether the circumstances that contributed to the |
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incident of abuse or neglect still exist; |
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(5) actions taken by the person since the incident to |
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prevent the reoccurrence of abuse or neglect, including |
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participation in and completion of services and programs related to |
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the allegations; and |
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(6) any other relevant information that shows that the |
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person no longer poses a risk to the safety and well-being of the |
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alleged victim, other children, and vulnerable adults. |
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Sec. 261.608. LIMIT ON NUMBER OF REVIEW HEARINGS. A person |
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may not have more than four hearings under this subchapter. |
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Sec. 261.609. CONFIDENTIALITY. The review conducted under |
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this subchapter is confidential and not subject to disclosure under |
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Chapter 552, Government Code. |
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Sec. 261.610. RULEMAKING. The commissioner may adopt rules |
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to implement this subchapter. |
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SECTION 5. This Act takes effect September 1, 2021. |