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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures and notice required before an |
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individual's name is added to the central child abuse or neglect |
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registry. |
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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), (b-1), and (d) 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 individuals found [by the department] to |
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have abused or neglected a child. |
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(a-1) Except as provided by Subsection (a-2), the |
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department may not add the name of an individual to the central |
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registry maintained under this section unless a court in any civil, |
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criminal, administrative, or juvenile proceeding, including a |
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proceeding under Subchapter C, Chapter 262, or Section 264.203, |
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issues a final order finding that the individual abused or |
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neglected a child. |
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(a-2) If the department finds that an individual subjected a |
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child to aggravated circumstances as described by Section 262.2015, |
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the department may add the individual's name to the central |
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registry maintained under this section without a court order |
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finding that the individual abused or neglected the child. |
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(b) The department may not find that an individual abused or |
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neglected a child [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. The department shall[; |
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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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(b-1) The department shall:[;] |
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(1) [(3) require the department to] remove an |
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individual's [a person's] name from the central registry maintained |
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under this section not later than the 10th business day after the |
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date the department receives notice that a finding of abuse and |
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neglect against the individual [person] is overturned in: |
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(A) an administrative review or an appeal of the |
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review conducted under Section 261.309(c); |
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(B) a review or an appeal of the review conducted |
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by the office of internal [consumer] affairs of the department; or |
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(C) a hearing or an appeal conducted by the State |
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Office of Administrative Hearings, a court of appeals, the court of |
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criminal appeals, or the supreme court; and |
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(2) [(4) require the department to] update any |
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relevant department files to reflect an overturned finding of abuse |
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or neglect against an individual [a person] not later than the 10th |
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business day after the date the finding is overturned in a review, |
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hearing, or appeal described by Subdivision (1) [(3)]. |
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(d) The commissioner shall adopt rules necessary to carry |
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out this section, including rules to ensure substantial compliance |
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with this section. |
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SECTION 2. Subchapter A, Chapter 261, Family Code, is |
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amended by adding Section 261.0021 to read as follows: |
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Sec. 261.0021. NOTICE BEFORE ALLEGED OFFENDER ADDED TO |
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CENTRAL REGISTRY. Not later than the 10th business day before the |
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date the department adds an individual's name and information to |
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the central registry maintained under Section 261.002, the |
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department shall provide written notice to the individual of the |
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prospective addition to the registry. The notice must include: |
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(1) a clear statement describing the purposes and |
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scope of the registry; |
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(2) an explanation of the consequences of being listed |
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in the registry, including any possible negative impact on the |
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individual's ability to: |
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(A) obtain employment or certain licenses; and |
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(B) have future contact with children, including |
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any limitation on volunteering or involvement in school activities; |
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and |
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(3) information regarding the individual's right to |
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challenge inclusion of the individual's name in the registry, |
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including the procedures for challenging inclusion of the |
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individual's name in the registry. |
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SECTION 3. (a) The commissioner of the Department of Family |
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and Protective Services shall adopt the rules necessary to |
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implement the changes in law made by this Act by amending Section |
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261.002, Family Code, and adding Section 261.0021, Family Code. |
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(b) The changes in law made by this Act by amending Section |
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261.002, Family Code, and adding Section 261.0021, Family Code, |
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apply only to a finding that an individual abused or neglected a |
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child made on or after the effective date of this Act. A finding |
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made before that date is governed by the law in effect on the date |
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the finding was made, and the former law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |