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. |