Bill Text: TX HB2849 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the procedures for removing certain persons' names from the child abuse and neglect central registry.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2017-06-01 - Effective on 9/1/17 [HB2849 Detail]
Download: Texas-2017-HB2849-Comm_Sub.html
Bill Title: Relating to the procedures for removing certain persons' names from the child abuse and neglect central registry.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2017-06-01 - Effective on 9/1/17 [HB2849 Detail]
Download: Texas-2017-HB2849-Comm_Sub.html
85R20995 MK-D | |||
By: Burkett, Bonnen of Galveston | H.B. No. 2849 | ||
Substitute the following for H.B. No. 2849: | |||
By: Schofield | C.S.H.B. No. 2849 |
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relating to the procedures for removing certain persons' names from | ||
the child abuse and neglect central registry. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 261.002(b), Family Code, is amended to | ||
read as follows: | ||
(b) The executive commissioner shall 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; [ |
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(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; and | ||
(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). | ||
SECTION 2. This Act takes effect September 1, 2017. |