81R8254 MCK-D
By: Ortiz, Jr. H.B. No. 1315
A BILL TO BE ENTITLED
AN ACT
relating to access to information regarding reports of child abuse
or neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.201, Family Code, is amended by
amending Subsection (g) and adding Subsection (g-1) to read as
follows:
(g) Notwithstanding Subsection (a) [(b)], the department or
a law enforcement agency investigating a report of abuse or
neglect, on request [and subject to department rule], shall provide
to the child and the parent, managing conservator, or other legal
representative of the [a] child who is the subject of reported abuse
or neglect information concerning the reported abuse or neglect
that would otherwise be confidential under this section. The [if
the] department or law enforcement agency shall withhold
information under this subsection if the parent, managing
conservator, or other legal representative of the child requesting
the information is alleged to have committed the abuse or neglect.
(g-1) Before a child or a parent, managing conservator, or
other legal representative of a child may inspect or copy a record
or file concerning the child under Subsection (g), the custodian of
the record or file must redact:
(1) any personally identifiable information about a
victim or witness under 18 years of age unless that victim or
witness is:
(A) the child under Subsection (g); or
(B) another child of the parent, managing
conservator, or other legal representative requesting the
information;
(2) any information that is excepted from required
disclosure under Chapter 552, Government Code, or other law; and
(3) [has edited the information to protect the
confidentiality of] the identity of the person who made the report
of abuse or neglect [and any other person whose life or safety may
be endangered by the disclosure].
SECTION 2. This Act takes effect September 1, 2009.