82R1895 TJB-D
By: Davis S.B. No. 277
A BILL TO BE ENTITLED
AN ACT
relating to the preparation of case records of children discharged
from foster care.
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. PREPARATION AND 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) Not later than the 30th day before the date a child is
discharged from foster care, the department shall assemble and
prepare the child's case record for release to the child. The
department shall redact any information from the case record that
is confidential and may not be provided to the child under statute
or department rule.
(c) The department is not required to release a copy of the
case record except as provided by law.
SECTION 2. The change in law made by this Act applies only
to the case record of a child discharged from foster care on or
after the 30th day following the effective date of this Act. The
case record of a child discharged from foster care before the 30th
day following the effective date of this Act is governed by the law
applicable at the time of the child's discharge, and the former law
is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.