Texas 2015 - 84th Regular

Texas House Bill HB4111 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R11833 YDB-D
2	2	By: Naishtat H.B. No. 4111
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the release of certain child fatality and near fatality
8	8	information for abused or neglected children.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 261.203(b), Family Code, is amended to
11	11	read as follows:
12	12	(b) If, after a child abuse or neglect investigation
13	13	described by Subsection (a) is completed, the department determines
14	14	a child's death, or a child's critical injury that reasonably could
15	15	have resulted in the child's death, was caused by abuse or neglect,
16	16	the department on request shall promptly release all investigation
17	17	information not prohibited from release under federal law,
18	18	including the following information [on request]:
19	19	(1) the information described by Subsection (a), if
20	20	not previously released to the person requesting the information;
21	21	(2) information on whether a child's death was
22	22	determined by the department to be attributable to abuse or neglect
23	23	or resulted in a criminal investigation or the filing of criminal
24	24	charges;
25	25	(3) for cases in which the child's death occurred while
26	26	the child was living with the child's parent, managing conservator,
27	27	guardian, or other person entitled to possession of the child:
28	28	(A) a summary of any previous reports of abuse or
29	29	neglect of the deceased child or another child made while the child
30	30	was living with that parent, managing conservator, guardian, or
31	31	other person entitled to possession of the child;
32	32	(B) the disposition of any report under Paragraph
33	33	(A);
34	34	(C) a description of any [the] services,
35	35	including family-based safety services [if any], that were provided
36	36	or offered by the department to the child or the child's family as a
37	37	result of any report under Paragraph (A) and whether the services
38	38	were accepted or declined; and
39	39	(D) the results of any risk or safety assessment
40	40	completed by the department relating to the deceased child; and
41	41	(4) [(3)] for a case in which the child's death
42	42	occurred while the child was in substitute care with the department
43	43	or with a residential child-care provider regulated under Chapter
44	44	42, Human Resources Code, the following information:
45	45	(A) the date the substitute care provider with
46	46	whom the child was residing at the time of death was licensed or
47	47	verified;
48	48	(B) a summary of any previous reports of abuse or
49	49	neglect investigated by the department relating to the substitute
50	50	care provider, including the disposition of any investigation
51	51	resulting from a report;
52	52	(C) any reported licensing violations, including
53	53	notice of any action taken by the department regarding a violation;
54	54	and
55	55	(D) records of any training completed by the
56	56	substitute care provider while the child was placed with the
57	57	provider.
58	58	SECTION 2. Subchapter C, Chapter 261, Family Code, is
59	59	amended by adding Section 261.204 to read as follows:
60	60	Sec. 261.204. ANNUAL CHILD FATALITY REPORT. (a) The
61	61	department shall compile and publish an annual report on child
62	62	fatality investigations for which the department made a finding
63	63	regarding abuse or neglect, including cases in which the department
64	64	determined the fatality was not the result of abuse or neglect. The
65	65	report must protect the identity of individuals involved and
66	66	contain for each case the following information:
67	67	(1) the age and sex of the child and the county in
68	68	which the fatality occurred;
69	69	(2) whether the state was the managing conservator of
70	70	the child or whether the child resided with the child's parent,
71	71	managing conservator, guardian, or other person entitled to the
72	72	possession of the child at the time of the fatality;
73	73	(3) the relationship to the child of the individual
74	74	alleged to have abused or neglected the child, if any;
75	75	(4) the number of any department abuse or neglect
76	76	investigations involving the child or the individual alleged to
77	77	have abused or neglected the child during the two years preceding
78	78	the date of the fatality and the results of the investigations;
79	79	(5) whether the department offered family-based
80	80	safety services or conservatorship services to the child or family;
81	81	(6) the types of abuse and neglect alleged in the
82	82	reported investigations, if any; and
83	83	(7) any trends identified in the investigations
84	84	contained in the report.
85	85	(b) The department may release additional information in
86	86	the annual report if the release of the information is not
87	87	prohibited by state or federal law.
88	88	(c) The department shall post the annual report on the
89	89	department's Internet website and otherwise make the report
90	90	available to the public.
91	91	(d) The executive commissioner of the Health and Human
92	92	Services Commission may adopt rules to implement this section.
93	93	SECTION 3. Section 261.203(b), Family Code, as amended by
94	94	this Act, applies only to a request for information related to a
95	95	child fatality or near fatality submitted to the Department of
96	96	Family and Protective Services on or after the effective date of
97	97	this Act.
98	98	SECTION 4. Not later than March 1, 2016, the Department of
99	99	Family and Protective Services shall publish on its Internet
100	100	website the initial report required by Section 261.204, Family
101	101	Code, as added by this Act.
102	102	SECTION 5. This Act takes effect September 1, 2015.