Bill Text: TX SB949 | 2015-2016 | 84th Legislature | Enrolled

---

Bill Title: Relating to the release of certain child fatality and near-fatality information for abused or neglected children.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Passed) 2015-05-29 - Effective on 9/1/15 [SB949 Detail]

Download: Texas-2015-SB949-Enrolled.html

---

S.B. No. 949

AN ACT
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 near fatality was caused by abuse or
neglect, the department on request shall promptly release
investigation information not prohibited from release under
federal law, including the following information [on request]:
(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 or near
fatality:
(A) was determined by the department to be
attributable to abuse or neglect; or
(B) resulted in a criminal investigation or the
filing of criminal charges if known at the time the investigation is
completed;
(3) for cases in which the child's death or near
fatality 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 [the] services,
including family-based safety services [if any], that were provided
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) [(3)] for a case in which the child's death or near
fatality 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 or near fatality
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 publish an annual aggregated report using
information compiled from each child fatality investigation 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 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 report published under Subsection (a) must:
(1) accurately represent all abuse-related and
neglect-related child fatalities in this state, including child
fatalities investigated under Subchapter F, Chapter 264, and other
child fatalities investigated by the department; and
(2) aggregate the fatalities by investigative
findings and case disposition, including the following
dispositions:
(A) abuse and neglect ruled out;
(B) unable to determine cause of death;
(C) reason to believe abuse or neglect occurred;
(D) reason to believe abuse or neglect
contributed to child's death;
(E) unable to complete review; and
(F) administrative closure.
(c) The department may release additional information in
the annual report if the release of the information is not
prohibited by state or federal law.
(d) The department shall post the annual report on the
department's Internet website and otherwise make the report
available to the public.
(e) The executive commissioner of the Health and Human
Services Commission may adopt rules to implement this section.
(f) At least once every 10 years, the department shall use
the information reported under this section to provide guidance for
possible department policy changes.
SECTION 3. Section 261.203(b), Family Code, as amended by
this Act, applies only to a child fatality or near fatality that
occurs 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 949 passed the Senate on
April 14, 2015, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 949 passed the House on
May 19, 2015, by the following vote: Yeas 146, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor