| 1 | | - | By: Burkett, Bonnen of Galveston H.B. No. 2849 |
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| 2 | | - | (Senate Sponsor - Perry) |
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| 3 | | - | (In the Senate - Received from the House May 5, 2017; |
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| 4 | | - | May 9, 2017, read first time and referred to Committee on State |
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| 5 | | - | Affairs; May 12, 2017, reported favorably by the following vote: |
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| 6 | | - | Yeas 9, Nays 0; May 12, 2017, sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 2849 |
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| 11 | 4 | | AN ACT |
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| 12 | 5 | | relating to the procedures for removing certain persons' names from |
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| 13 | 6 | | the child abuse and neglect central registry. |
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| 14 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 8 | | SECTION 1. Section 261.002(b), Family Code, is amended to |
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| 16 | 9 | | read as follows: |
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| 17 | 10 | | (b) The executive commissioner shall adopt rules necessary |
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| 18 | 11 | | to carry out this section. The rules shall: |
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| 19 | 12 | | (1) prohibit the department from making a finding of |
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| 20 | 13 | | abuse or neglect against a person in a case in which the department |
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| 21 | 14 | | is named managing conservator of a child who has a severe emotional |
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| 22 | 15 | | disturbance only because the child's family is unable to obtain |
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| 23 | 16 | | mental health services for the child; [and] |
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| 24 | 17 | | (2) establish guidelines for reviewing the records in |
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| 25 | 18 | | the registry and removing those records in which the department was |
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| 26 | 19 | | named managing conservator of a child who has a severe emotional |
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| 27 | 20 | | disturbance only because the child's family was unable to obtain |
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| 28 | 21 | | mental health services for the child; |
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| 29 | 22 | | (3) require the department to remove a person's name |
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| 30 | 23 | | from the central registry maintained under this section not later |
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| 31 | 24 | | than the 10th business day after the date the department receives |
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| 32 | 25 | | notice that a finding of abuse and neglect against the person is |
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| 33 | 26 | | overturned in: |
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| 34 | 27 | | (A) an administrative review or an appeal of the |
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| 35 | 28 | | review conducted under Section 261.309(c); |
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| 36 | 29 | | (B) a review or an appeal of the review conducted |
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| 37 | 30 | | by the office of consumer affairs of the department; or |
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| 38 | 31 | | (C) a hearing or an appeal conducted by the State |
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| 39 | 32 | | Office of Administrative Hearings; and |
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| 40 | 33 | | (4) require the department to update any relevant |
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| 41 | 34 | | department files to reflect an overturned finding of abuse or |
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| 42 | 35 | | neglect against a person not later than the 10th business day after |
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| 43 | 36 | | the date the finding is overturned in a review, hearing, or appeal |
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| 44 | 37 | | described by Subdivision (3). |
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| 45 | 38 | | SECTION 2. This Act takes effect September 1, 2017. |
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| 46 | | - | * * * * * |
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| 39 | + | ______________________________ ______________________________ |
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| 40 | + | President of the Senate Speaker of the House |
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| 41 | + | I certify that H.B. No. 2849 was passed by the House on May 4, |
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| 42 | + | 2017, by the following vote: Yeas 143, Nays 0, 2 present, not |
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| 43 | + | voting. |
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| 44 | + | ______________________________ |
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| 45 | + | Chief Clerk of the House |
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| 46 | + | I certify that H.B. No. 2849 was passed by the Senate on May |
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| 47 | + | 19, 2017, by the following vote: Yeas 31, Nays 0. |
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| 48 | + | ______________________________ |
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| 49 | + | Secretary of the Senate |
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| 50 | + | APPROVED: _____________________ |
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| 51 | + | Date |
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| 52 | + | _____________________ |
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| 53 | + | Governor |
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