By: Hernandez Luna, Naishtat, Rodriguez H.B. No. 3234
(Senate Sponsor - Davis)
(In the Senate - Received from the House April 26, 2011;
April 27, 2011, read first time and referred to Committee on Health
and Human Services; May 11, 2011, reported favorably by the
following vote: Yeas 9, Nays 0; May 11, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the prioritization of requests to release certain case
records maintained by the Department of Family and Protective
Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 264, Family Code, is
amended by adding Section 264.0145 to read as follows:
Sec. 264.0145. RELEASE OF CASE RECORD. (a) In this
section, "case record" means those files, reports, records,
communications, audiotapes, videotapes, or working papers under
the custody and control of the department that are collected,
developed, or used:
(1) in a child abuse or neglect investigation; or
(2) in providing services as a result of an
investigation, including substitute care services for a child.
(b) The department by rule shall establish guidelines that
prioritize requests to release case records, including those made
by an adult previously in the department's managing
conservatorship.
(c) The department is not required to release a copy of the
case record except as provided by law and department rule.
SECTION 2. This Act takes effect September 1, 2011.
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