Bill Text: TX HB4100 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to certain procedures regarding addition or removal of names from the central registry of individuals found to have abused or neglected a child.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-31 - Referred to Human Services [HB4100 Detail]
Download: Texas-2017-HB4100-Introduced.html
| 85R11872 TYPED | ||
| By: Klick | H.B. No. 4100 | |
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| relating to certain procedures regarding addition or removal of | ||
| names from the central registry 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 | ||
| adding Subsection (a-1) to read as follows: | ||
| (a-1) The department shall immediately remove from the | ||
| central registry the name of an individual placed in the registry | ||
| with respect to a child if: | ||
| (1) the department determines, after contacting a | ||
| professional or other credible source, that the child's safety can | ||
| be assured without further investigation, response, services, or | ||
| assistance and administratively closes the case alleging the | ||
| individual's abuse or neglect of the child; | ||
| (2) the department makes a formal determination that | ||
| the individual did not abuse or neglect the child; | ||
| (3) after an administrative review conducted under | ||
| Section 261.309(c), the department alters or reverses the | ||
| department's original determination in the investigation and | ||
| determines that the individual did not abuse or neglect the child; | ||
| or | ||
| (4) a court does not make the findings required under | ||
| Chapter 262 for the department to be appointed temporary or | ||
| permanent managing conservator of the child and the court's ruling | ||
| is not overturned on appeal. | ||
| SECTION 2. Section 261.002, Family Code, is amended by | ||
| amending Subsection (b) and adding Subsections (d), (e), and (f) to | ||
| read as follows: | ||
| (b) The executive commissioner shall adopt rules necessary | ||
| to carry out this section. The rules must include procedural | ||
| protections for individuals found by the department to have abused | ||
| or neglected a child. 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. | ||
| (d) Before the department may add to the central registry | ||
| the name of an individual found by the department to have abused or | ||
| neglected a child, the department must provide to the individual: | ||
| (1) written notice that the individual's name and | ||
| information regarding the reported case of abuse or neglect will be | ||
| added to the registry; | ||
| (2) a copy of the information that will be added to the | ||
| registry; and | ||
| (3) information regarding the opportunity to appeal | ||
| the department's finding of abuse or neglect as provided by | ||
| Subsection (e). | ||
| (e) An individual who is found by the department to have | ||
| abused or neglected a child may appeal the department's finding by | ||
| requesting a hearing conducted by the State Office of | ||
| Administrative Hearings solely on the issue of whether the | ||
| individual's name should be added to the central registry. The | ||
| hearing must be conducted at the State Office of Administrative | ||
| Hearings site that is closest in proximity to the individual's | ||
| county of residence unless all parties to the hearing agree to a | ||
| different location. An appeal under this subsection is a contested | ||
| case under Chapter 2001, Government Code. | ||
| (f) The department may not include an individual's name in | ||
| central registry if the department's finding of abuse or neglect is | ||
| not sustained by an administrative law judge following a hearing | ||
| under this section. | ||
| SECTION 3. The changes in law made by this Act in Section 1 | ||
| apply only to a finding that an individual abused or neglected a | ||
| child made by the Department of Family and Protective Services on or | ||
| after the effective date of this Act. A finding made by the | ||
| department before that date is governed by the law in effect on the | ||
| date the finding was made, and the former law is continued in effect | ||
| for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2017. | ||
