| 1 | 1 | | 81R23375 MCK-F |
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| 2 | 2 | | By: Ortiz, Jr., Darby H.B. No. 1315 |
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| 3 | 3 | | Substitute the following for H.B. No. 1315: |
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| 4 | 4 | | By: Rose C.S.H.B. No. 1315 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to access to information regarding reports of child abuse |
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| 10 | 10 | | or neglect. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 261.201, Family Code, is amended by |
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| 13 | 13 | | adding Subsections (k) and (l) to read as follows: |
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| 14 | 14 | | (k) Notwithstanding Subsection (a), an investigating |
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| 15 | 15 | | agency, other than the department or the Texas Youth Commission, on |
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| 16 | 16 | | request, shall provide to the parent, managing conservator, or |
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| 17 | 17 | | other legal representative of a child who is the subject of reported |
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| 18 | 18 | | abuse or neglect, or to the child if the child is at least 18 years |
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| 19 | 19 | | of age, information concerning the reported abuse or neglect that |
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| 20 | 20 | | would otherwise be confidential under this section. The |
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| 21 | 21 | | investigating agency shall withhold information under this |
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| 22 | 22 | | subsection if the parent, managing conservator, or other legal |
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| 23 | 23 | | representative of the child requesting the information is alleged |
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| 24 | 24 | | to have committed the abuse or neglect. |
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| 25 | 25 | | (l) Before a child or a parent, managing conservator, or |
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| 26 | 26 | | other legal representative of a child may inspect or copy a record |
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| 27 | 27 | | or file concerning the child under Subsection (k), the custodian of |
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| 28 | 28 | | the record or file must redact: |
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| 29 | 29 | | (1) any personally identifiable information about a |
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| 30 | 30 | | victim or witness under 18 years of age unless that victim or |
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| 31 | 31 | | witness is: |
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| 32 | 32 | | (A) the child who is the subject of the report; or |
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| 33 | 33 | | (B) another child of the parent, managing |
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| 34 | 34 | | conservator, or other legal representative requesting the |
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| 35 | 35 | | information; |
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| 36 | 36 | | (2) any information that is excepted from required |
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| 37 | 37 | | disclosure under Chapter 552, Government Code, or other law; and |
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| 38 | 38 | | (3) the identity of the person who made the report. |
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| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2009. |
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