84R11833 YDB-D
By: Naishtat H.B. No. 4111
A BILL TO BE ENTITLED
AN ACT
relating to the release of certain child fatality and near fatality
information for abused or neglected children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.203(b), Family Code, is amended to
read as follows:
(b) If, after a child abuse or neglect investigation
described by Subsection (a) is completed, the department determines
a child's death, or a child's critical injury that reasonably could
have resulted in the child's death, was caused by abuse or neglect,
the department on request shall promptly release all investigation
information not prohibited from release under federal law,
including the following information [on request]:
(1) the information described by Subsection (a), if
not previously released to the person requesting the information;
(2) information on whether a child's death was
determined by the department to be attributable to abuse or neglect
or resulted in a criminal investigation or the filing of criminal
charges;
(3) for cases in which the child's death occurred while
the child was living with the child's parent, managing conservator,
guardian, or other person entitled to possession of the child:
(A) a summary of any previous reports of abuse or
neglect of the deceased child or another child made while the child
was living with that parent, managing conservator, guardian, or
other person entitled to possession of the child;
(B) the disposition of any report under Paragraph
(A);
(C) a description of any [the] services,
including family-based safety services [if any], that were provided
or offered by the department to the child or the child's family as a
result of any report under Paragraph (A) and whether the services
were accepted or declined; and
(D) the results of any risk or safety assessment
completed by the department relating to the deceased child; and
(4) [(3)] for a case in which the child's death
occurred while the child was in substitute care with the department
or with a residential child-care provider regulated under Chapter
42, Human Resources Code, the following information:
(A) the date the substitute care provider with
whom the child was residing at the time of death was licensed or
verified;
(B) a summary of any previous reports of abuse or
neglect investigated by the department relating to the substitute
care provider, including the disposition of any investigation
resulting from a report;
(C) any reported licensing violations, including
notice of any action taken by the department regarding a violation;
and
(D) records of any training completed by the
substitute care provider while the child was placed with the
provider.
SECTION 2. Subchapter C, Chapter 261, Family Code, is
amended by adding Section 261.204 to read as follows:
Sec. 261.204. ANNUAL CHILD FATALITY REPORT. (a) The
department shall compile and publish an annual report on child
fatality investigations for which the department made a finding
regarding abuse or neglect, including cases in which the department
determined the fatality was not the result of abuse or neglect. The
report must protect the identity of individuals involved and
contain for each case the following information:
(1) the age and sex of the child and the county in
which the fatality occurred;
(2) whether the state was the managing conservator of
the child or whether the child resided with the child's parent,
managing conservator, guardian, or other person entitled to the
possession of the child at the time of the fatality;
(3) the relationship to the child of the individual
alleged to have abused or neglected the child, if any;
(4) the number of any department abuse or neglect
investigations involving the child or the individual alleged to
have abused or neglected the child during the two years preceding
the date of the fatality and the results of the investigations;
(5) whether the department offered family-based
safety services or conservatorship services to the child or family;
(6) the types of abuse and neglect alleged in the
reported investigations, if any; and
(7) any trends identified in the investigations
contained in the report.
(b) The department may release additional information in
the annual report if the release of the information is not
prohibited by state or federal law.
(c) The department shall post the annual report on the
department's Internet website and otherwise make the report
available to the public.
(d) The executive commissioner of the Health and Human
Services Commission may adopt rules to implement this section.
SECTION 3. Section 261.203(b), Family Code, as amended by
this Act, applies only to a request for information related to a
child fatality or near fatality submitted to the Department of
Family and Protective Services on or after the effective date of
this Act.
SECTION 4. Not later than March 1, 2016, the Department of
Family and Protective Services shall publish on its Internet
website the initial report required by Section 261.204, Family
Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2015.