Texas 2017 - 85th Regular

Texas House Bill HB4100 Compare Versions

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

Old	New	Differences
1	1	85R11872 TYPED
2	2	By: Klick H.B. No. 4100
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain procedures regarding addition or removal of
8	8	names from the central registry of individuals found to have abused
9	9	or neglected a child.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 261.002, Family Code, is amended by
12	12	adding Subsection (a-1) to read as follows:
13	13	(a-1) The department shall immediately remove from the
14	14	central registry the name of an individual placed in the registry
15	15	with respect to a child if:
16	16	(1) the department determines, after contacting a
17	17	professional or other credible source, that the child's safety can
18	18	be assured without further investigation, response, services, or
19	19	assistance and administratively closes the case alleging the
20	20	individual's abuse or neglect of the child;
21	21	(2) the department makes a formal determination that
22	22	the individual did not abuse or neglect the child;
23	23	(3) after an administrative review conducted under
24	24	Section 261.309(c), the department alters or reverses the
25	25	department's original determination in the investigation and
26	26	determines that the individual did not abuse or neglect the child;
27	27	or
28	28	(4) a court does not make the findings required under
29	29	Chapter 262 for the department to be appointed temporary or
30	30	permanent managing conservator of the child and the court's ruling
31	31	is not overturned on appeal.
32	32	SECTION 2. Section 261.002, Family Code, is amended by
33	33	amending Subsection (b) and adding Subsections (d), (e), and (f) to
34	34	read as follows:
35	35	(b) The executive commissioner shall adopt rules necessary
36	36	to carry out this section. The rules must include procedural
37	37	protections for individuals found by the department to have abused
38	38	or neglected a child. The rules shall:
39	39	(1) prohibit the department from making a finding of
40	40	abuse or neglect against a person in a case in which the department
41	41	is named managing conservator of a child who has a severe emotional
42	42	disturbance only because the child's family is unable to obtain
43	43	mental health services for the child; and
44	44	(2) establish guidelines for reviewing the records in
45	45	the registry and removing those records in which the department was
46	46	named managing conservator of a child who has a severe emotional
47	47	disturbance only because the child's family was unable to obtain
48	48	mental health services for the child.
49	49	(d) Before the department may add to the central registry
50	50	the name of an individual found by the department to have abused or
51	51	neglected a child, the department must provide to the individual:
52	52	(1) written notice that the individual's name and
53	53	information regarding the reported case of abuse or neglect will be
54	54	added to the registry;
55	55	(2) a copy of the information that will be added to the
56	56	registry; and
57	57	(3) information regarding the opportunity to appeal
58	58	the department's finding of abuse or neglect as provided by
59	59	Subsection (e).
60	60	(e) An individual who is found by the department to have
61	61	abused or neglected a child may appeal the department's finding by
62	62	requesting a hearing conducted by the State Office of
63	63	Administrative Hearings solely on the issue of whether the
64	64	individual's name should be added to the central registry. The
65	65	hearing must be conducted at the State Office of Administrative
66	66	Hearings site that is closest in proximity to the individual's
67	67	county of residence unless all parties to the hearing agree to a
68	68	different location. An appeal under this subsection is a contested
69	69	case under Chapter 2001, Government Code.
70	70	(f) The department may not include an individual's name in
71	71	central registry if the department's finding of abuse or neglect is
72	72	not sustained by an administrative law judge following a hearing
73	73	under this section.
74	74	SECTION 3. The changes in law made by this Act in Section 1
75	75	apply only to a finding that an individual abused or neglected a
76	76	child made by the Department of Family and Protective Services on or
77	77	after the effective date of this Act. A finding made by the
78	78	department before that date is governed by the law in effect on the
79	79	date the finding was made, and the former law is continued in effect
80	80	for that purpose.
81	81	SECTION 4. This Act takes effect September 1, 2017.