Texas 2021 - 87th Regular

Texas House Bill HB2055 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R22445 MLH-D
2		-	By: Klick, et al. H.B. No. 2055
3		-	Substitute the following for H.B. No. 2055:
4		-	By: Shaheen C.S.H.B. No. 2055
	1	+	87R6956 MLH-D
	2	+	By: Klick H.B. No. 2055
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to investigations of child abuse and neglect and the
10	8		procedures for adding names to or removing names from the central
11	9		registry of child abuse and neglect.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Section 261.002, Family Code, is amended by
14	12		amending Subsections (a) and (b) and adding Subsections (a-1),
15		-	(a-2~~), (a-3~~), and (b-1) to read as follows:
	13	+	(a-2), and (b-1) to read as follows:
16	14		(a) The department shall establish and maintain a central
17	15		registry of the names of persons [individuals] found by the
18	16		department to have abused or neglected a child other than persons
19		-	whose case was assigned the severity code "Low". Except as required
20		-	for an investigation of a person working at a facility or family
21		-	home regulated under Chapter 42, Human Resources Code, or as
22		-	provided by Subsection (a-1), the department shall maintain the
23		-	person's name in the registry until:
	17	+	whose case was assigned the severity code "Low". Except as provided
	18	+	by Subsection (a-1), the department shall maintain the person's
	19	+	name in the registry until:
24	20		(1) the fifth anniversary of the date of the finding
25	21		for a case assigned the severity code "Moderate";
26	22		(2) the 15th anniversary of the date of the finding for
27	23		a case assigned the severity code "Serious";
28	24		(3) the 30th anniversary of the date of the finding for
29	25		a case assigned the severity code "Severe" or the 15th anniversary
30	26		of the date of the finding if the court returned the child to the
31	27		child's home during the period within which the court must render a
32	28		final order under Chapter 263; and
33	29		(4) the 99th anniversary of the date of the finding for
34	30		a case assigned the severity code "Near Fatal" or "Fatal".
35	31		(a-1) If the department's finding of abuse or neglect is
36	32		sustained by an administrative law judge of the State Office of
37	33		Administrative Hearings, the department shall maintain the
38	34		person's name in the central registry until the 20th anniversary of
39	35		the date of the finding or the date designated under Subsection (a),
40	36		whichever is longer.
41		-	(a-2) If a person is found by the department to have
42		-	committed multiple acts of abuse or neglect and the findings are
43		-	assigned different severity codes, the department shall maintain
44		-	the person's name in the central registry until the latest date
45		-	applicable under Subsection (a) or (a-1).
46		-	(a-3) The department may not maintain a person's name in the
	37	+	(a-2) The department may not maintain a person's name in the
47	38		central registry after the date the department disposes of the case
48	39		records related to the investigation.
49	40		(b) The [executive] commissioner shall adopt rules
50	41		necessary to carry out this section. The rules shall:
51	42		(1) prohibit the department from making a finding of
52	43		abuse or neglect against a person in a case in which the department
53	44		is named managing conservator of a child who has a severe emotional
54	45		disturbance only because the child's family is unable to obtain
55	46		mental health services for the child;
56	47		(2) establish guidelines for reviewing the records in
57	48		the registry and removing those records in which the department was
58	49		named managing conservator of a child who has a severe emotional
59	50		disturbance only because the child's family was unable to obtain
60	51		mental health services for the child;
61	52		(3) require the department to remove a person's name
62	53		from the central registry maintained under this section not later
63	54		than the 10th business day after:
64	55		(A) the date the department receives notice that
65	56		a finding of abuse and neglect against the person is overturned in:
66	57		(i) [(A)] an administrative review or an
67	58		appeal of the review conducted under Section 261.309(c);
68	59		(ii) [(B)] a review or an appeal of the
69	60		review conducted by the office of consumer relations [affairs] of
70	61		the department; or
71	62		(iii) [(C)] a hearing or an appeal
72	63		conducted by the State Office of Administrative Hearings; or
73	64		(B) the date the expungement review panel renders
74	65		a decision to remove a person's name from the registry after
75	66		conducting an expungement hearing under Subchapter G; and
76	67		(4) require the department to update any relevant
77	68		department files to reflect an overturned finding of abuse or
78	69		neglect against a person not later than the 10th business day after
79	70		the date the finding is overturned in a review, hearing, or appeal
80	71		described by Subdivision (3).
81	72		(b-1) The department shall remove from the central registry
82	73		the name of any person against whom the department made a finding of
83	74		abuse or neglect when the person was younger than 18 years of age
84	75		if:
85	76		(1) two years have passed since the department made
86	77		the finding;
87	78		(2) the department has not made any subsequent finding
88	79		of abuse or neglect against the person;
89	80		(3) the person has not had a juvenile offender
90	81		adjudication for any act other than the same incident that resulted
91	82		in the finding made by the department; and
92	83		(4) the person has not had any criminal adjudications
93	84		for an offense involving child abuse or neglect other than the
94	85		incident that resulted in the finding made by the department.
95		-	SECTION 2. Subchapter A, Chapter 261, Family Code, is
96		-	amended by adding Section 261.0021 to read as follows:
97		-	Sec. 261.0021. NOTICE BEFORE ADDING ALLEGED OFFENDER TO
98		-	CENTRAL REGISTRY. Before the department may add a person's name and
99		-	information regarding the reported case of abuse or neglect to the
100		-	central registry maintained under Section 261.002, the department
101		-	shall provide written notice to the person that the person's name
102		-	will be added to the registry. The notice must include:
103		-	(1) a clear statement of what the central registry is;
104		-	and
105		-	(2) an explanation of the consequences of being listed
106		-	in the central registry, including any possible negative impact on
107		-	the person's ability to obtain employment or certain licenses and
108		-	to have future contact with children, including any limitation on
109		-	volunteering or involvement in school activities.
110		-	SECTION 3. Subchapter D, Chapter 261, Family Code, is
111		-	amended by adding Sections 261.3081 and 261.317 to read as follows:
	86	+	SECTION 2. Subchapter D, Chapter 261, Family Code, is
	87	+	amended by adding Section 261.3081 to read as follows:
112	88		Sec. 261.3081. SEVERITY CODES. (a) The department shall
113	89		assign a severity code as provided by this section to each
114	90		substantiated finding of abuse or neglect made by the department in
115	91		an investigation relating to a person described in Sections
116	92		261.001(5)(A)-(D).
117	93		(b) The department shall assign the severity code "Low" to
118	94		an isolated incident where there was a threat of harm but no injury
119	95		to the child and the incident was due to an accident or parental
120	96		mistake that does not pose an ongoing risk of harm beyond the
121	97		incident. The "Low" severity code is limited to substantiated
122	98		findings of neglectful supervision. The department may not use the
123	99		severity code "Low" in an investigation of a school under Section
124	100		261.406 in which the department substantiated findings of abuse or
125	101		neglect.
126	102		(c) The department shall assign the severity code
127	103		"Moderate" to an incident of abuse or neglect in which there is a
128	104		low or moderate risk of future harm to a child, there are no
129	105		unmanaged dangers in the home, the incident does not result in
130	106		removal, and the department closes the investigation with a
131	107		recommendation for community services. The severity code
132	108		"Moderate" is limited to substantiated findings of emotional abuse,
133	109		neglectful supervision, and physical abuse consisting of an
134	110		isolated incident of inappropriate discipline that does not require
135	111		care by a medical provider or result in substantial injury to the
136	112		child.
137	113		(d) The department shall assign the severity code "Serious"
138	114		to an incident of abuse or neglect in which there is a high risk of
139	115		future harm to a child, there are unmanaged dangers in the home, and
140	116		without services to the family removal of the child from the home
141	117		would be necessary. The severity code "Serious" is limited to
142	118		substantiated findings of emotional abuse, neglectful supervision,
143	119		refusal to accept parental responsibility, medical or physical
144	120		neglect if the incident did not result in any harm or injury to the
145	121		child, and physical abuse excluding circumstances of physical abuse
146	122		that resulted in serious injury to a child.
147	123		(e) The department shall assign the severity code "Severe"
148	124		to an incident of abuse or neglect in which there is a very high risk
149	125		of future harm to a child, there are unmanaged dangers in the home,
150	126		and a court in a suit affecting the parent-child relationship
151	127		renders an order removing the child from the home. The severity
152	128		code "Severe" is limited to substantiated findings of sexual abuse,
153	129		physical abuse that resulted in serious injury to the child,
154	130		medical or physical neglect that resulted or could have resulted in
155	131		impairment to the child's overall health or well-being, sex or
156	132		labor trafficking, forced marriage, and abandonment.
157	133		(f) The department shall assign the severity code "Near
158	134		Fatal" to an incident of abuse or neglect that meets the definition
159	135		of near fatality in Section 264.5031.
160	136		(g) The department shall assign the severity code "Fatal" to
161	137		an incident of abuse or neglect that results in a child fatality.
162	138		(h) This section does not apply to a person alleged to have
163		-	abused or neglected a child at a facility ~~or family home regulated~~
164		-	~~under Chapter~~ 42, Human Resources Code.
	139	+	abused or neglected a child at a child-care facility as defined by
	140	+	Section 42.002(3), Human Resources Code.
165	141		(i) The commissioner may adopt rules to implement this
166	142		section.
	143	+	SECTION 3. Subchapter D, Chapter 261, Family Code, is
	144	+	amended by adding Section 261.317 to read as follows:
167	145		Sec. 261.317. RECORDS RETENTION; EXPUNCTION. (a) The
168	146		department may retain records related to an investigation under
169	147		this chapter in accordance with the department's records retention
170	148		schedule after a person's name has been removed from the central
171	149		registry in order to perform background checks required under
172	150		Section 42.056, Human Resources Code, and to conduct risk and
173	151		safety assessments.
174	152		(b) The department shall comply with a court order directing
175	153		expunction of the department's records concerning a person for whom
176	154		the department maintains records.
177	155		SECTION 4. Chapter 261, Family Code, is amended by adding
178	156		Subchapter G to read as follows:
179	157		SUBCHAPTER G. REMOVING NAMES FROM CENTRAL REGISTRY OF ABUSE AND
180	158		NEGLECT
181	159		Sec. 261.601. DEFINITION. In this subchapter, "central
182	160		registry" means the central registry of the names of persons found
183	161		by the department to have abused or neglected a child maintained by
184	162		the department under Section 261.002.
185	163		Sec. 261.602. NONAPPLICABILITY OF SUBCHAPTER. This
186	164		subchapter does not apply to persons alleged to have abused or
187		-	neglected a child in a facility ~~or family home regulated under~~
188		-	~~Chapter~~ 42, Human Resources Code, or to school investigations
	165	+	neglected a child in a child-care facility as defined by Section
	166	+	42.002(3), Human Resources Code, or to school investigations
189	167		conducted under Section 261.406.
190	168		Sec. 261.603. EXPUNGEMENT REVIEW PANEL; MEMBERS. (a) The
191	169		department shall establish an expungement review panel to review
192	170		requests to have a person's name removed from the central registry.
193	171		(b) The expungement review panel is composed of department
194	172		employees and a representative of the public appointed by the
195		-	commissioner. ~~The representative~~ of the ~~public shall~~ serve a
196		-	~~two-year term and~~ may serve for not more than three terms.
	173	+	commissioner. Members of the review panel serve two-year terms and
	174	+	may serve for not more than three terms.
197	175		(c) A person may not serve as a public member of the
198	176		expungement review panel if the person:
199	177		(1) has been convicted of or indicted for an offense
200	178		involving child abuse or neglect;
201	179		(2) has been determined by the department to have
202	180		engaged in child abuse or neglect; or
203	181		(3) is under investigation by the department for child
204	182		abuse or neglect.
205	183		(d) The public member of the expungement review panel is a
206	184		department volunteer for the purposes of Section 411.114,
207	185		Government Code.
208	186		(e) The members of the expungement review panel are immune
209	187		from civil or criminal liability for any act or omission that
210	188		relates to their duty or responsibility as a member of the review
211	189		panel if they acted in good faith and within the scope of their
212	190		responsibility, as provided in Section 40.061, Human Resources
213	191		Code.
214	192		Sec. 261.604. REQUEST FOR REMOVAL OF NAME. (a) A person
215	193		who desires to have the person's name removed from the central
216	194		registry shall submit a written request to the commissioner that
217	195		includes a letter describing the reason for the request.
218	196		(b) Only the following persons may make a request to have
219	197		their name removed from the central registry as provided by this
220	198		subchapter:
221	199		(1) a parent, guardian, or managing or possessory
222	200		conservator of the child;
223	201		(2) a member of the child's family or household as
224	202		defined by Chapter 71; and
225	203		(3) a person with whom the child's parent cohabits.
226	204		(c) A person may not make a request under this section
227	205		before the third anniversary of the date the department made the
228		-	most recent finding of child abuse or neglect against the person.
229		-	(d) The expungement review panel shall deny a person's
230		-	request under this section if, after the person submits the
231		-	request, the department makes a finding of child abuse or neglect
232		-	against the person.
233		-	(e) If the expungement review panel denies a request under
	206	+	finding of child abuse or neglect.
	207	+	(d) If the expungement review panel denies a request under
234	208		this section after a hearing, the person may not submit a subsequent
235	209		request until the first anniversary of the date the review panel
236	210		rendered a decision on the person's last request.
237		-	(f) A person who has been determined by the department to
	211	+	(e) A person who has been determined by the department to
238	212		have engaged in child abuse or neglect is not eligible for a review
239	213		under this subchapter if:
240	214		(1) the incident of abuse or neglect resulted in a
241	215		child fatality or near fatality;
242	216		(2) a court ordered termination of the parent-child
243	217		relationship as a result of the abuse or neglect; or
244		-	(3) the person has been convicted of an offense
245		-	involving child abuse or neglect.
	218	+	(3) following the date of the department's
	219	+	determination, the department makes another substantiated finding
	220	+	of abuse and neglect by the person or the person had a criminal
	221	+	adjudication for an offense involving child abuse or neglect.
246	222		Sec. 261.605. HEARING DATE AND NOTICE; LIMITATION. (a) On
247	223		receipt of a request under Section 261.604(a), the commissioner
248	224		shall notify the expungement review panel of the request. The
249	225		review panel shall set a date for a hearing on the request. The
250	226		review panel shall hold the hearing not later than the 60th day
251	227		after the date the commissioner receives the request, unless the
252	228		panel has good cause for holding the hearing after that date.
253	229		(b) The expungement review panel shall send written notice
254	230		of the date, time, and location of the hearing to the requestor and
255	231		the regional office that conducted the original investigation.
256	232		Sec. 261.606. REVIEW HEARING. (a) At the hearing, the
257	233		person requesting the review may present evidence supporting
258	234		removal of the person's name from the central registry. The person
259	235		has the burden of providing the expungement review panel with the
260	236		basis for granting the request and may present evidence including:
261	237		(1) completion of treatment services or programs
262	238		related to the finding;
263	239		(2) letters of support from professionals or others;
264	240		(3) evidence of activities that would reflect upon the
265	241		person's changed behavior or circumstances such as therapy,
266	242		employment, or education; and
267	243		(4) any other relevant evidence that shows changed
268	244		circumstances.
269	245		(b) The regional office of the department that conducted the
270	246		original investigation may:
271	247		(1) present evidence in support of or in opposition to
272	248		the request; and
273	249		(2) make a recommendation regarding the request.
274	250		Sec. 261.607. EXPUNGEMENT REVIEW PANEL'S DECISION. (a)
275		-	Unless the expungement review panel has good cause for an
276		-	extension, the panel shall render a written decision on the request
277		-	that includes the review panel's reasons for the decision not later
278		-	than the 45th day after the date of the hearing. The review panel's
279		-	decision must be by majority vote.
	251	+	Not later than the 45th day after the date of the hearing, the
	252	+	expungement review panel shall render a written decision on the
	253	+	request that includes the review panel's reasons for the decision.
	254	+	The review panel's decision must be by majority vote.
280	255		(b) The expungement review panel shall provide the written
281	256		decision to the person requesting the review and to the
282	257		department's commissioner, deputy commissioner, chief of staff,
283	258		and associate commissioner for child protective investigations.
284	259		(c) The expungement review panel shall consider the
285	260		following factors in making its decision:
286		-	(1) the department's findings regarding the nature and
287		-	severity of the incident of abuse or neglect and the circumstances
288		-	surrounding the incident;
	261	+	(1) the nature and severity of the allegations of
	262	+	abuse or neglect and the circumstances surrounding the allegations;
289	263		(2) the number of findings of abuse or neglect
290	264		involving the person;
291		-	(3) the person's age at the time of the incident, and
292		-	whether the person was a child at the time of the incident;
	265	+	(3) whether the person was a child at the time the
	266	+	finding of abuse or neglect was made and the person's age at the
	267	+	time of the incident;
293	268		(4) whether the circumstances that contributed to the
294	269		incident of abuse or neglect still exist;
295	270		(5) actions taken by the person since the incident to
296	271		prevent the reoccurrence of abuse or neglect, including
297	272		participation in and completion of services and programs related to
298	273		the allegations; and
299	274		(6) any other relevant information that shows that the
300	275		person no longer poses a risk to the safety and well-being of the
301	276		alleged victim, other children, and vulnerable adults.
302	277		Sec. 261.608. LIMIT ON NUMBER OF REVIEW HEARINGS. A person
303	278		may not have more than four hearings under this subchapter.
304	279		Sec. 261.609. CONFIDENTIALITY. The review conducted under
305	280		this subchapter is confidential and not subject to disclosure under
306	281		Chapter 552, Government Code.
307	282		Sec. 261.610. RULEMAKING. The commissioner may adopt rules
308	283		to implement this subchapter.
309		-	SECTION 5. Section 261.002, Family Code, as amended by this
310		-	Act, and Section 261.3081, Family Code, as added by this Act, apply
311		-	only to a finding of abuse or neglect made by the Department of
312		-	Family and Protective Services on or after May 1, 2022. A finding
313		-	made by the Department of Family and Protective Services before
314		-	that date is governed by the law in effect prior to the effective
315		-	date of this Act, and the former law is continued in effect for that
316		-	purpose.
317		-	SECTION 6. This Act takes effect September 1, 2021.
	284	+	SECTION 5. This Act takes effect September 1, 2021.