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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures for 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. 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. 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 the general |
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counsel of the department, the department's chief accountability |
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and internal affairs officer, and a member of the State Bar of Texas |
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who specializes in defending individuals accused of child abuse or |
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neglect appointed by the commissioner. The member of the State Bar |
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of Texas shall serve a two-year term and may serve for not more than |
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three terms. |
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(c) 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. 261.603. 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 must submit a written request to the commissioner. |
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(b) A person may not make a request under this section |
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before the second anniversary of the date the department added the |
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person's name to the central registry. |
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(c) 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 most recent request. |
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Sec. 261.604. HEARING DATE AND NOTICE; LIMITATION. (a) On |
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receipt of a request under Section 261.603(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. |
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(b) Not later than the 15th day before the hearing, the |
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expungement review panel shall send written notice of the hearing |
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to the requestor. The notice must include: |
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(1) the date, time, and location of the hearing; and |
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(2) the regional office that conducted the original |
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investigation that resulted in the finding of abuse or neglect. |
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Sec. 261.605. REVIEW HEARING. (a) At the hearing, the |
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person requesting the review has the right to be represented by |
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legal counsel. |
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(b) The person requesting the review has the burden of |
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providing the expungement review panel with the basis for granting |
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the request and may present evidence supporting removal of the |
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person's name from the central registry. |
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(c) 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. 261.606. EXPUNGEMENT REVIEW PANEL'S DECISION. (a) |
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The panel shall render a written decision on the request that |
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includes the review panel's reasons for the decision not later than |
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the 30th day after the date of the hearing. The review panel's |
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decision must be by majority vote. |
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(b) Not later than the 45th day after the date of the |
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hearing, 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 department's findings regarding the nature and |
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severity of the incident of abuse or neglect and the circumstances |
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surrounding the incident; |
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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) the person's age at the time of the incident, and |
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whether the person was a child at the 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; |
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(6) evidence that: |
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(A) the person no longer poses a similar risk; |
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and |
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(B) continued listing of the person's name in the |
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central registry would not serve a significant public purpose; and |
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(7) 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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(d) If the expungement review panel grants a person's |
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request for removal from the central registry, the department |
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shall, not later than the 10th day after rendering the decision, |
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remove the person's name from the central registry and update any |
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relevant department files to reflect the removal and the reasons |
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for removal given in the decision. |
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Sec. 261.607. AUTOMATIC REMOVAL. (a) The department shall |
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remove a person's name and related information from the central |
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registry if more than 18 years have passed since the department's |
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last finding of abuse or neglect against the person, unless any |
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finding of abuse or neglect against the person involved aggravated |
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circumstances described by Section 262.2015(b). |
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(b) The department shall remove a person's name and related |
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information from the central registry if: |
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(1) the person was a minor at the time of the incident |
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that resulted in the finding of abuse or neglect against the person; |
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and |
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(2) more than two years have passed since the |
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department's last finding of abuse or neglect against the person. |
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Sec. 261.608. 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. 261.609. RULEMAKING. The commissioner shall adopt |
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rules necessary to implement this subchapter, including rules to |
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ensure substantial compliance with this subchapter. |
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SECTION 2. This Act takes effect September 1, 2023. |