Bill Text: TX HB2572 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the central registry of names of individuals found to have abused or neglected a child.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Engrossed - Dead) 2023-05-10 - Referred to Health & Human Services [HB2572 Detail]
Download: Texas-2023-HB2572-Engrossed.html
| 88R11296 MLH-D | ||
| By: Lujan, Gerdes, Garcia, et al. | H.B. No. 2572 | |
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| 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 [ |
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| 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; [ |
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| (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. | ||
