84R24640 MCK-D
By: Burkett H.B. No. 2039
Substitute the following for H.B. No. 2039:
By: Raymond C.S.H.B. No. 2039
A BILL TO BE ENTITLED
AN ACT
relating to the exclusion of certain information from 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(b), Family Code, as amended by
S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015,
is amended to read as follows:
(b) The executive commissioner may adopt rules necessary to
carry out this section. The rules shall:
(1) prohibit the department from making a finding of
abuse or neglect against a person in a case in which the department
is named managing conservator of a child who has a severe emotional
disturbance only because the child's family is unable to obtain
mental health services for the child; and
(2) establish guidelines for reviewing the records in
the registry and removing those records in which the department was
named managing conservator of a child who has a severe emotional
disturbance only because the child's family was unable to obtain
mental health services for the child [provide for cooperation with
local child service agencies, including hospitals, clinics, and
schools, and cooperation with other states in exchanging reports to
effect a national registration system].
SECTION 2. Section 262.352, Family Code, is amended to read
as follows:
Sec. 262.352. JOINT MANAGING CONSERVATORSHIP OF CHILD. (a)
Before the department files a suit affecting the parent-child
relationship requesting managing conservatorship [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, unless [if] it is not in the best
interest of the child, discuss with the child's parent or legal
guardian [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 November 1 of each even-numbered year,
the department shall report the following information to the
legislature:
(1) with respect to children described by Subsection
(a):
(A) the number of children for whom the
department has been appointed managing conservator;
(B) the number of children for whom the
department has been appointed joint managing conservator; and
(C) the number of children who were diverted to
community or residential mental health services through another
agency; and
(2) the number of persons whose names were entered
into the central registry of cases of child abuse and neglect only
because the department was named managing conservator of a child
who has a severe emotional disturbance because the child's family
was unable to obtain mental health services for the child.
(c) Subsection (b) and this subsection expire September 1,
2019.
SECTION 3. Section 262.353, Family Code, is repealed.
SECTION 4. The Department of Family and Protective Services
shall implement the changes in law made by this Act using funds
appropriated to the department for the state fiscal biennium ending
August 31, 2017.
SECTION 5. This Act takes effect September 1, 2015.