81R8944 MCK-D
By: Watson S.B. No. 1064
A BILL TO BE ENTITLED
AN ACT
relating to access to certain records and documents in an
investigation of child abuse or neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 261, Family Code, is
amended by adding Section 261.3051 to read as follows:
Sec. 261.3051. ACCESS TO CHILD'S MEDICAL OR MENTAL HEALTH
RECORDS. (a) The department or designated agency investigating a
report of child abuse or neglect shall have access to any records or
documents relating to the child who is the subject of the report as
necessary to perform the department's or agency's duties under this
chapter to investigate the report of child abuse or neglect,
including client-identifying information and medical and mental
health records. A person or agency that has a record or document
that the department or designated agency needs to perform its
duties under this chapter shall, without unnecessary delay, make
the record or document available to the department or agency.
(b) If the department or agency cannot obtain access to a
record or document that is necessary to properly conduct an
investigation or to perform another duty under this chapter, the
department or agency may petition the court having family law
jurisdiction for access to the record or document.
(c) The following persons are entitled to notice and a
hearing on a petition under this section for access to a record or
document:
(1) the person denying access to the record or
document; and
(2) the parent or person responsible for the child's
care.
(d) On good cause shown, the court shall order the person
who denied access to a record or document to allow the department or
agency to have access to the record or document under terms
prescribed by the court.
(e) Access to a confidential record under this section does
not constitute a waiver of confidentiality.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.