85R11872 TYPED
By: Klick H.B. No. 4100
A BILL TO BE ENTITLED
AN ACT
relating to certain procedures regarding addition or removal of
names from the central registry of individuals found to have abused
or neglected a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.002, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The department shall immediately remove from the
central registry the name of an individual placed in the registry
with respect to a child if:
(1) the department determines, after contacting a
professional or other credible source, that the child's safety can
be assured without further investigation, response, services, or
assistance and administratively closes the case alleging the
individual's abuse or neglect of the child;
(2) the department makes a formal determination that
the individual did not abuse or neglect the child;
(3) after an administrative review conducted under
Section 261.309(c), the department alters or reverses the
department's original determination in the investigation and
determines that the individual did not abuse or neglect the child;
or
(4) a court does not make the findings required under
Chapter 262 for the department to be appointed temporary or
permanent managing conservator of the child and the court's ruling
is not overturned on appeal.
SECTION 2. Section 261.002, Family Code, is amended by
amending Subsection (b) and adding Subsections (d), (e), and (f) to
read as follows:
(b) The executive commissioner shall adopt rules necessary
to carry out this section. The rules must include procedural
protections for individuals found by the department to have abused
or neglected a child. 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.
(d) Before the department may add to the central registry
the name of an individual found by the department to have abused or
neglected a child, the department must provide to the individual:
(1) written notice that the individual's name and
information regarding the reported case of abuse or neglect will be
added to the registry;
(2) a copy of the information that will be added to the
registry; and
(3) information regarding the opportunity to appeal
the department's finding of abuse or neglect as provided by
Subsection (e).
(e) An individual who is found by the department to have
abused or neglected a child may appeal the department's finding by
requesting a hearing conducted by the State Office of
Administrative Hearings solely on the issue of whether the
individual's name should be added to the central registry. The
hearing must be conducted at the State Office of Administrative
Hearings site that is closest in proximity to the individual's
county of residence unless all parties to the hearing agree to a
different location. An appeal under this subsection is a contested
case under Chapter 2001, Government Code.
(f) The department may not include an individual's name in
central registry if the department's finding of abuse or neglect is
not sustained by an administrative law judge following a hearing
under this section.
SECTION 3. The changes in law made by this Act in Section 1
apply only to a finding that an individual abused or neglected a
child made by the Department of Family and Protective Services on or
after the effective date of this Act. A finding made by the
department before that date is governed by the law in effect on the
date the finding was made, and the former law is continued in effect
for that purpose.
SECTION 4. This Act takes effect September 1, 2017.