81R23375 MCK-F
By: Ortiz, Jr., Darby H.B. No. 1315
Substitute the following for H.B. No. 1315:
By: Rose C.S.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
adding Subsections (k) and (l) to read as follows:
(k) Notwithstanding Subsection (a), an investigating
agency, other than the department or the Texas Youth Commission, on
request, shall provide to the parent, managing conservator, or
other legal representative of a child who is the subject of reported
abuse or neglect, or to the child if the child is at least 18 years
of age, information concerning the reported abuse or neglect that
would otherwise be confidential under this section. The
investigating 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.
(l) 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 (k), 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 who is the subject of the report; 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) the identity of the person who made the report.
SECTION 2. This Act takes effect September 1, 2009.