By: Burkett, Bonnen of Galveston H.B. No. 2849
(Senate Sponsor - Perry)
(In the Senate - Received from the House May 5, 2017;
May 9, 2017, read first time and referred to Committee on State
Affairs; May 12, 2017, reported favorably by the following vote:
Yeas 9, Nays 0; May 12, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the procedures for removing certain persons' names from
the child abuse and neglect central registry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.002(b), Family Code, is amended to
read as follows:
(b) The executive commissioner shall 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;
(3) require the department to remove a person's name
from the central registry maintained under this section not later
than the 10th business day after the date the department receives
notice that a finding of abuse and neglect against the person is
overturned in:
(A) an administrative review or an appeal of the
review conducted under Section 261.309(c);
(B) a review or an appeal of the review conducted
by the office of consumer affairs of the department; or
(C) a hearing or an appeal conducted by the State
Office of Administrative Hearings; and
(4) require the department to update any relevant
department files to reflect an overturned finding of abuse or
neglect against a person not later than the 10th business day after
the date the finding is overturned in a review, hearing, or appeal
described by Subdivision (3).
SECTION 2. This Act takes effect September 1, 2017.
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