Bill Text: TX HB2039 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the exclusion of certain information from the Department of Family and Protective Services central registry of child abuse or neglect cases and the report of certain information regarding those cases to the legislature.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2015-05-13 - Laid on the table subject to call [HB2039 Detail]
Download: Texas-2015-HB2039-Comm_Sub.html
84R24640 MCK-D | |||
By: Burkett | H.B. No. 2039 | ||
Substitute the following for H.B. No. 2039: | |||
By: Raymond | C.S.H.B. No. 2039 |
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relating to the exclusion of certain information from the | ||
Department of Family and Protective Services central registry of | ||
child abuse or neglect cases and the report of certain information | ||
regarding those cases to the legislature. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 261.002(b), Family Code, as amended by | ||
S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015, | ||
is amended to read as follows: | ||
(b) The executive commissioner may 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; and | ||
(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 [ |
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SECTION 2. Section 262.352, Family Code, is amended to read | ||
as follows: | ||
Sec. 262.352. JOINT MANAGING CONSERVATORSHIP OF CHILD. (a) | ||
Before the department files a suit affecting the parent-child | ||
relationship requesting managing conservatorship [ |
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emotional disturbance in order to obtain mental health services for | ||
the child, the department must, unless [ |
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interest of the child, discuss with the child's parent or legal | ||
guardian [ |
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seeking a court order for joint managing conservatorship of the | ||
child with the department. | ||
(b) Not later than November 1 of each even-numbered year, | ||
the department shall report the following information to the | ||
legislature: | ||
(1) with respect to children described by Subsection | ||
(a): | ||
(A) the number of children for whom the | ||
department has been appointed managing conservator; | ||
(B) the number of children for whom the | ||
department has been appointed joint managing conservator; and | ||
(C) the number of children who were diverted to | ||
community or residential mental health services through another | ||
agency; and | ||
(2) the number of persons whose names were entered | ||
into the central registry of cases of child abuse and neglect only | ||
because the department was named managing conservator of a child | ||
who has a severe emotional disturbance because the child's family | ||
was unable to obtain mental health services for the child. | ||
(c) Subsection (b) and this subsection expire September 1, | ||
2019. | ||
SECTION 3. Section 262.353, Family Code, is repealed. | ||
SECTION 4. The Department of Family and Protective Services | ||
shall implement the changes in law made by this Act using funds | ||
appropriated to the department for the state fiscal biennium ending | ||
August 31, 2017. | ||
SECTION 5. This Act takes effect September 1, 2015. |