88R11296 MLH-D
 
  By: Lujan H.B. No. 2572
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the central registry of names of individuals found to
  have abused or neglected a child.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 261.002, Family Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (d) to read
  as follows:
         (a)  The department shall establish and maintain a central
  registry of the names of individuals found by the department, the
  Health and Human Services Commission, or the Texas Juvenile Justice
  Department to have abused or neglected a child.
         (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;
               (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); and
               (5)  specify that the registry includes names of
  individuals found to have abused or neglected a child by:
                     (A)  the relevant divisions of the department;
                     (B)  the Health and Human Services Commission; and
                     (C)  the Texas Juvenile Justice Department.
         (d)  If the Health and Human Services Commission or the Texas
  Juvenile Justice Department investigates an allegation of abuse or
  neglect and finds that an individual abused or neglected a child,
  the agency shall notify the department of its findings and provide
  the department the information the department requires to add the
  person's name to the central registry.
         SECTION 2.  This Act takes effect September 1, 2023.