| 1 | 1 | | By: Hernandez Luna, Naishtat, Rodriguez H.B. No. 3234 |
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| 2 | 2 | | (Senate Sponsor - Davis) |
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| 3 | 3 | | (In the Senate - Received from the House April 26, 2011; |
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| 4 | 4 | | April 27, 2011, read first time and referred to Committee on Health |
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| 5 | 5 | | and Human Services; May 11, 2011, reported favorably by the |
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| 6 | 6 | | following vote: Yeas 9, Nays 0; May 11, 2011, sent to printer.) |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to the prioritization of requests to release certain case |
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| 12 | 12 | | records maintained by the Department of Family and Protective |
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| 13 | 13 | | Services. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Subchapter A, Chapter 264, Family Code, is |
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| 16 | 16 | | amended by adding Section 264.0145 to read as follows: |
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| 17 | 17 | | Sec. 264.0145. RELEASE OF CASE RECORD. (a) In this |
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| 18 | 18 | | section, "case record" means those files, reports, records, |
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| 19 | 19 | | communications, audiotapes, videotapes, or working papers under |
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| 20 | 20 | | the custody and control of the department that are collected, |
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| 21 | 21 | | developed, or used: |
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| 22 | 22 | | (1) in a child abuse or neglect investigation; or |
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| 23 | 23 | | (2) in providing services as a result of an |
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| 24 | 24 | | investigation, including substitute care services for a child. |
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| 25 | 25 | | (b) The department by rule shall establish guidelines that |
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| 26 | 26 | | prioritize requests to release case records, including those made |
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| 27 | 27 | | by an adult previously in the department's managing |
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| 28 | 28 | | conservatorship. |
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| 29 | 29 | | (c) The department is not required to release a copy of the |
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| 30 | 30 | | case record except as provided by law and department rule. |
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| 31 | 31 | | SECTION 2. This Act takes effect September 1, 2011. |
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| 32 | 32 | | * * * * * |
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