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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), (e), and (f) 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 final order issued |
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by the State Office of Administrative Hearings after an |
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administrative hearing or by a court in a civil proceeding, |
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including a proceeding under Subchapter C or F, Chapter 262, or |
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Section 264.203, includes a finding that the individual abused or |
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neglected a child. |
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(a-2) The department may add an individual's name to the |
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central registry maintained under this section without a final |
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order that includes a finding that the individual abused or |
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neglected a child if the department determines that: |
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(1) the individual abandoned the child without |
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identification or a means for identifying the child; |
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(2) a child of the individual is a victim of serious |
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bodily injury or sexual abuse inflicted by the individual or by |
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another person with the individual's consent; |
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(3) the individual has engaged in conduct against a |
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child that would constitute an offense under the following |
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provisions of the Penal Code: |
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(A) Section 19.02 (murder); |
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(B) Section 19.03 (capital murder); |
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(C) Section 19.04 (manslaughter); |
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(D) Section 20A.02(a)(7) or (8) (trafficking of |
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persons); |
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(E) Section 21.02 (continuous sexual abuse of |
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young child or disabled individual); |
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(F) Section 21.11 (indecency with a child); |
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(G) Section 22.011 (sexual assault); |
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(H) Section 22.02 (aggravated assault); |
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(I) Section 22.021 (aggravated sexual assault); |
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(J) Section 22.04 (injury to a child, elderly |
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individual, or disabled individual); |
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(K) Section 22.041 (abandoning or endangering |
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child); |
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(L) Section 25.02 (prohibited sexual conduct); |
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(M) Section 43.05(a)(2) (compelling |
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prostitution); |
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(N) Section 43.25 (sexual performance by a |
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child); or |
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(O) Section 43.26 (possession or promotion of |
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child pornography); |
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(4) the individual voluntarily left the child alone or |
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in the possession of another person not the parent of the child for |
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at least six months without expressing an intent to return and |
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without providing adequate support for the child; |
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(5) the individual has been convicted for: |
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(A) the murder of another child and the offense |
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would have been an offense under 18 U.S.C. Section 1111(a) if the |
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offense had occurred in the special maritime or territorial |
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jurisdiction of the United States; |
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(B) the voluntary manslaughter of another child |
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and the offense would have been an offense under 18 U.S.C. Section |
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1112(a) if the offense had occurred in the special maritime or |
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territorial jurisdiction of the United States; |
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(C) aiding or abetting, attempting, conspiring, |
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or soliciting an offense under Paragraph (A) or (B); or |
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(D) the felony assault of a child that resulted |
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in serious bodily injury to the child or another child of the |
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parent; or |
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(6) the individual is required under any state or |
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federal law to register with a sex offender registry. |
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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 of the department's |
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determination or an appeal of the review conducted under Section |
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261.309(c); |
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(B) a review of the department's determination or |
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an appeal of the review conducted by the office of consumer affairs |
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of the department under department rules; [or] |
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(C) a hearing or an appeal conducted by the State |
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Office of Administrative Hearings; |
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(D) an internal department review of the |
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department's determination conducted under Section 261.0023 while |
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an administrative hearing is pending; or |
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(E) an order by a county court at law, an |
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associate judge under Section 201.201, a district court, a court of |
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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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(e) This section does not limit the ability of the Health |
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and Human Services Commission to access the department's records of |
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reports of child abuse or neglect to conduct a background check |
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under Section 42.056, Human Resources Code, or commission rules. |
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(f) 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 Sections 261.0021, 261.0022, and 261.0023 to read |
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as follows: |
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Sec. 261.0021. NOTICE BEFORE NAME OF INDIVIDUAL ADDED TO |
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CENTRAL REGISTRY. (a) If the department determines that an |
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individual has abused or neglected a child, the department shall, |
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not later than the 10th day after the date the determination is |
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made, provide written notice to the individual of the department's |
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prospective addition of the individual's name to the central |
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registry maintained under Section 261.002. The notice must |
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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 through: |
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(A) an administrative review of the department's |
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determination or an appeal of the review conducted under Section |
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261.309(c); |
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(B) a review of the department's determination or |
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an appeal of the review conducted by the office of consumer affairs |
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of the department under department rules; |
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(C) a hearing or an appeal conducted by the State |
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Office of Administrative Hearings; |
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(D) an internal department review of the |
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department's determination conducted under Section 261.0023 while |
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an administrative hearing is pending; or |
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(E) an order by a county court at law, an |
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associate judge under Section 201.201, a district court, a court of |
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appeals, or the supreme court. |
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(b) The department may not add an individual's name to the |
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central registry: |
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(1) before the 31st day after the date the department |
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provides notice to the individual under this section; |
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(2) if the individual requests a hearing under Section |
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261.0022, before the conclusion of the hearing process; or |
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(3) if the department's determination that the |
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individual abused or neglected a child is overturned by a process |
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available to the individual and listed under Subsection (a)(3). |
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Sec. 261.0022. HEARING CONDUCTED BY STATE OFFICE OF |
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ADMINISTRATIVE HEARINGS. (a) Not later than the 30th day after the |
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date an individual receives notice under Section 261.0021, the |
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individual may request a hearing with the State Office of |
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Administrative Hearings to review the finding of abuse and neglect. |
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(b) If an individual requests a hearing under this section, |
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the department shall refer the individual's case to the State |
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Office of Administrative Hearings to hold the hearing. |
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(c) An administrative law judge of the State Office of |
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Administrative Hearings shall: |
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(1) conduct a hearing for a request under this section |
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in accordance with Chapter 2001, Government Code; |
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(2) make findings of fact and conclusions of law; and |
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(3) issue an order containing a final decision |
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regarding the abuse and neglect findings. |
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(d) Notice of the administrative law judge's order given to |
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the individual under Chapter 2001, Government Code, must include a |
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statement of the individual's right to judicial review of the |
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order. |
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(e) Not later than the 10th day after the date an order by an |
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administrative law judge affirming the department's determination |
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becomes final under Section 2001.144, Government Code, the |
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department shall add the individual's name to the central registry. |
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(f) If the individual seeks judicial review of the |
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administrative law judge's order, the order remains in effect |
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during the pendency of that appeal. |
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(g) An individual may not receive a hearing under this |
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section if the finding of abuse or neglect by the individual is |
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made: |
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(1) under Section 262.201, 262.406, or 264.203; or |
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(2) by a district or appellate court. |
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Sec. 261.0023. INTERNAL DEPARTMENT REVIEW. (a) If an |
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individual requests a hearing under Section 261.0022, the |
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department shall conduct an internal department review of the |
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findings while the administrative hearing is pending. |
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(b) The department by rule shall establish a process for |
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conducting an internal department review of a finding of abuse or |
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neglect of a child before the date of the administrative hearing. |
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(c) If the department determines in an internal department |
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review that the evidence does not support a finding of abuse or |
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neglect by a preponderance of the evidence, not later than the 10th |
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day after the date the department makes the determination the |
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department: |
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(1) shall notify the individual of the results of the |
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review; |
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(2) shall remove the case from the State Office of |
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Administrative Hearings docket; and |
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(3) may not add the individual's name to the central |
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registry. |
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(d) If the department determines in an internal department |
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review that the evidence supports a finding of abuse or neglect by a |
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preponderance of the evidence, the department shall, not later than |
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the 10th day after making the determination, notify the individual |
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of the results of the review and that the individual's case will |
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remain on the State Office of Administrative Hearings docket. |
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(e) Information and materials used or referred to in an |
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internal department review under this section, including case |
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records or other documents, are confidential and not subject to |
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disclosure under Chapter 552, Government Code. |
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SECTION 3. Section 261.005, Family Code, is amended to read |
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as follows: |
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Sec. 261.005. REFERENCE TO EXECUTIVE COMMISSIONER OR |
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COMMISSION. (a) Unless otherwise provided by a provision of this |
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chapter, in this chapter: |
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(1) a reference to the executive commissioner or the |
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executive commissioner of the Health and Human Services Commission |
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means the commissioner of the department; and |
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(2) a reference to the Health and Human Services |
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Commission means the department. |
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(b) This section does not apply to Section 261.002(e). |
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SECTION 4. Section 262.201, Family Code, is amended by |
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adding Subsection (h-1) to read as follows: |
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(h-1) A temporary order issued under Subsection (h) must |
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include, with regard to each parent, managing conservator, |
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possessory conservator, guardian, caretaker, or custodian entitled |
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to possession of the child, a determination by a preponderance of |
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the evidence: |
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(1) whether that individual engaged in conduct that |
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would constitute abuse or neglect under Section 261.001; and |
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(2) for an individual determined by the court to have |
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engaged in conduct that constitutes child abuse or neglect, a |
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finding listing the specific provisions of Section 261.001 |
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applicable to the individual's conduct. |
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SECTION 5. Section 262.406, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by Subsection (d), at the conclusion |
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of the hearing in a suit filed under Section 262.404, the court |
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shall order the department to provide family preservation services |
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and to execute a family preservation services plan developed in |
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collaboration with the family of the child who is a candidate for |
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foster care if the court finds sufficient evidence to satisfy a |
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person of ordinary prudence and caution that: |
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(1) as to each parent, managing conservator, guardian, |
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or other member of the child's household: |
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(A) the individual engaged in conduct that would |
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constitute abuse or neglect under Section 261.001; |
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(B) the individual's acts or omissions present an |
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immediate risk of abuse or neglect to the child; or |
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(C) [occurred or] there is a [substantial risk of |
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abuse or neglect or] continuing danger to the child's physical |
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health or safety caused by an act or failure to act of the |
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individual [parent, managing conservator, guardian, or other |
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member of the child's household]; |
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(2) family preservation services are necessary to |
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ensure the child's physical health or safety; and |
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(3) family preservation services are appropriate |
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based on the child's safety risk assessment and the child's family |
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assessment. |
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(a-1) If the court makes a finding under Subsection |
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(a)(1)(A), the court shall identify the specific parts of Section |
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261.001 that apply to the parent's, managing conservator's, |
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guardian's, or other member of the child's household's conduct. |
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SECTION 6. Section 264.203, Family Code, is amended by |
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amending Subsection (m) and adding Subsection (m-1) to read as |
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follows: |
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(m) At the conclusion of the hearing, the court shall deny |
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the petition unless the court finds sufficient evidence to satisfy |
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a person of ordinary prudence and caution that: |
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(1) as to each parent, managing conservator, guardian, |
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or other member of the child's household: |
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(A) the individual engaged in conduct that would |
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constitute abuse or neglect under Section 261.001; |
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(B) the individual's acts or omissions present an |
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immediate risk of abuse or neglect to the child; or |
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(C) [has occurred or] there is a [substantial |
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risk of abuse or neglect or] continuing danger to the physical |
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health or safety of the child caused by an act or failure to act of |
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the individual [parent, managing conservator, guardian, or other |
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member of the child's household]; and |
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(2) services are necessary to ensure the physical |
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health or safety of the child. |
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(m-1) If the court makes a finding under Subsection |
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(m)(1)(A), the court shall identify the specific parts of Section |
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261.001 that apply to the parent's, managing conservator's, |
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guardian's, or other member of the child's household's conduct. |
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SECTION 7. (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. |
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(b) The changes in law made by this Act apply only to a |
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finding that an individual abused or neglected a child made on or |
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after the effective date of this Act. A finding made before that |
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date is governed by the law in effect on the date the finding was |
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made, and the former law is continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2025. |