84R8059 MCK-D
By: Burkett H.B. No. 2039
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure and use of certain information in the
Department of Family and Protective Services central registry of
child abuse or neglect cases and the report of certain information
regarding those cases to the legislature.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.002, Family Code, is amended by
adding Subsections (b-1) and (d) and amending Subsection (c) to
read as follows:
(b-1) The department may not disclose the name of a person
who is included in the registry due to a finding of abuse or neglect
that was based solely on the fact that the person relinquished
custody of a child who suffers from a severe emotional disturbance
in order to obtain mental health services for the child.
(c) Except as provided by Subsection (d), the [The]
department may enter into agreements with other states to allow for
the exchange of reports of child abuse and neglect in other states'
central registry systems. The department shall use information
obtained under this subsection in performing the background checks
required under Section 42.056, Human Resources Code. The
department shall cooperate with federal agencies and shall provide
information and reports of child abuse and neglect to the
appropriate federal agency that maintains the national registry for
child abuse and neglect, if a national registry exists.
(d) The department may not provide to another state or a
federal agency information regarding a person who is included in
the registry due to a finding of abuse or neglect that was based
solely on the fact that the person relinquished custody of a child
who suffers from a severe emotional disturbance in order to obtain
mental health services for the child.
SECTION 2. Section 262.352, Family Code, is amended to read
as follows:
Sec. 262.352. JOINT MANAGING CONSERVATORSHIP OF CHILD. (a)
Before a person relinquishes custody of a child who suffers from a
severe emotional disturbance in order to obtain mental health
services for the child, the department must, if it is in the best
interest of the child, discuss with the person relinquishing
custody of the child the option of seeking a court order for joint
managing conservatorship of the child with the department.
(b) Not later than December 31 of each year, the department
shall report the following information to the legislature with
respect to persons described by Subsection (a):
(1) the number of persons to whom the department has
offered the option of seeking a court order for joint managing
conservatorship of a child with the department; and
(2) the number of persons with whom the department
shares joint managing conservatorship of a child.
SECTION 3. This Act takes effect September 1, 2015.