Bill Text: TX HB4111 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the release of certain child fatality and near fatality information for abused or neglected children.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2015-05-06 - Reported favorably as substituted [HB4111 Detail]
Download: Texas-2015-HB4111-Introduced.html
84R11833 YDB-D | ||
By: Naishtat | H.B. No. 4111 |
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relating to the release of certain child fatality and near fatality | ||
information for abused or neglected children. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 261.203(b), Family Code, is amended to | ||
read as follows: | ||
(b) If, after a child abuse or neglect investigation | ||
described by Subsection (a) is completed, the department determines | ||
a child's death, or a child's critical injury that reasonably could | ||
have resulted in the child's death, was caused by abuse or neglect, | ||
the department on request shall promptly release all investigation | ||
information not prohibited from release under federal law, | ||
including the following information [ |
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(1) the information described by Subsection (a), if | ||
not previously released to the person requesting the information; | ||
(2) information on whether a child's death was | ||
determined by the department to be attributable to abuse or neglect | ||
or resulted in a criminal investigation or the filing of criminal | ||
charges; | ||
(3) for cases in which the child's death occurred while | ||
the child was living with the child's parent, managing conservator, | ||
guardian, or other person entitled to possession of the child: | ||
(A) a summary of any previous reports of abuse or | ||
neglect of the deceased child or another child made while the child | ||
was living with that parent, managing conservator, guardian, or | ||
other person entitled to possession of the child; | ||
(B) the disposition of any report under Paragraph | ||
(A); | ||
(C) a description of any [ |
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including family-based safety services [ |
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or offered by the department to the child or the child's family as a | ||
result of any report under Paragraph (A) and whether the services | ||
were accepted or declined; and | ||
(D) the results of any risk or safety assessment | ||
completed by the department relating to the deceased child; and | ||
(4) [ |
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occurred while the child was in substitute care with the department | ||
or with a residential child-care provider regulated under Chapter | ||
42, Human Resources Code, the following information: | ||
(A) the date the substitute care provider with | ||
whom the child was residing at the time of death was licensed or | ||
verified; | ||
(B) a summary of any previous reports of abuse or | ||
neglect investigated by the department relating to the substitute | ||
care provider, including the disposition of any investigation | ||
resulting from a report; | ||
(C) any reported licensing violations, including | ||
notice of any action taken by the department regarding a violation; | ||
and | ||
(D) records of any training completed by the | ||
substitute care provider while the child was placed with the | ||
provider. | ||
SECTION 2. Subchapter C, Chapter 261, Family Code, is | ||
amended by adding Section 261.204 to read as follows: | ||
Sec. 261.204. ANNUAL CHILD FATALITY REPORT. (a) The | ||
department shall compile and publish an annual report on child | ||
fatality investigations for which the department made a finding | ||
regarding abuse or neglect, including cases in which the department | ||
determined the fatality was not the result of abuse or neglect. The | ||
report must protect the identity of individuals involved and | ||
contain for each case the following information: | ||
(1) the age and sex of the child and the county in | ||
which the fatality occurred; | ||
(2) whether the state was the managing conservator of | ||
the child or whether the child resided with the child's parent, | ||
managing conservator, guardian, or other person entitled to the | ||
possession of the child at the time of the fatality; | ||
(3) the relationship to the child of the individual | ||
alleged to have abused or neglected the child, if any; | ||
(4) the number of any department abuse or neglect | ||
investigations involving the child or the individual alleged to | ||
have abused or neglected the child during the two years preceding | ||
the date of the fatality and the results of the investigations; | ||
(5) whether the department offered family-based | ||
safety services or conservatorship services to the child or family; | ||
(6) the types of abuse and neglect alleged in the | ||
reported investigations, if any; and | ||
(7) any trends identified in the investigations | ||
contained in the report. | ||
(b) The department may release additional information in | ||
the annual report if the release of the information is not | ||
prohibited by state or federal law. | ||
(c) The department shall post the annual report on the | ||
department's Internet website and otherwise make the report | ||
available to the public. | ||
(d) The executive commissioner of the Health and Human | ||
Services Commission may adopt rules to implement this section. | ||
SECTION 3. Section 261.203(b), Family Code, as amended by | ||
this Act, applies only to a request for information related to a | ||
child fatality or near fatality submitted to the Department of | ||
Family and Protective Services on or after the effective date of | ||
this Act. | ||
SECTION 4. Not later than March 1, 2016, the Department of | ||
Family and Protective Services shall publish on its Internet | ||
website the initial report required by Section 261.204, Family | ||
Code, as added by this Act. | ||
SECTION 5. This Act takes effect September 1, 2015. |