| 1 | 1 | | 88R11296 MLH-D |
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| 2 | 2 | | By: Lujan, Gerdes, Garcia, et al. H.B. No. 2572 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the central registry of names of individuals found to |
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| 8 | 8 | | have abused or neglected a child. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 261.002, Family Code, is amended by |
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| 11 | 11 | | amending Subsections (a) and (b) and adding Subsection (d) to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | (a) The department shall establish and maintain a central |
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| 14 | 14 | | registry of the names of individuals found by the department, the |
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| 15 | 15 | | Health and Human Services Commission, or the Texas Juvenile Justice |
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| 16 | 16 | | Department to have abused or neglected a child. |
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| 17 | 17 | | (b) The [executive] commissioner shall adopt rules |
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| 18 | 18 | | necessary to carry out this section. The rules shall: |
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| 19 | 19 | | (1) prohibit the department from making a finding of |
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| 20 | 20 | | abuse or neglect against a person in a case in which the department |
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| 21 | 21 | | is named managing conservator of a child who has a severe emotional |
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| 22 | 22 | | disturbance only because the child's family is unable to obtain |
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| 23 | 23 | | mental health services for the child; |
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| 24 | 24 | | (2) establish guidelines for reviewing the records in |
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| 25 | 25 | | the registry and removing those records in which the department was |
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| 26 | 26 | | named managing conservator of a child who has a severe emotional |
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| 27 | 27 | | disturbance only because the child's family was unable to obtain |
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| 28 | 28 | | mental health services for the child; |
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| 29 | 29 | | (3) require the department to remove a person's name |
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| 30 | 30 | | from the central registry maintained under this section not later |
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| 31 | 31 | | than the 10th business day after the date the department receives |
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| 32 | 32 | | notice that a finding of abuse and neglect against the person is |
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| 33 | 33 | | overturned in: |
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| 34 | 34 | | (A) an administrative review or an appeal of the |
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| 35 | 35 | | review conducted under Section 261.309(c); |
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| 36 | 36 | | (B) a review or an appeal of the review conducted |
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| 37 | 37 | | by the office of consumer affairs of the department; or |
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| 38 | 38 | | (C) a hearing or an appeal conducted by the State |
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| 39 | 39 | | Office of Administrative Hearings; [and] |
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| 40 | 40 | | (4) require the department to update any relevant |
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| 41 | 41 | | department files to reflect an overturned finding of abuse or |
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| 42 | 42 | | neglect against a person not later than the 10th business day after |
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| 43 | 43 | | the date the finding is overturned in a review, hearing, or appeal |
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| 44 | 44 | | described by Subdivision (3); and |
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| 45 | 45 | | (5) specify that the registry includes names of |
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| 46 | 46 | | individuals found to have abused or neglected a child by: |
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| 47 | 47 | | (A) the relevant divisions of the department; |
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| 48 | 48 | | (B) the Health and Human Services Commission; and |
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| 49 | 49 | | (C) the Texas Juvenile Justice Department. |
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| 50 | 50 | | (d) If the Health and Human Services Commission or the Texas |
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| 51 | 51 | | Juvenile Justice Department investigates an allegation of abuse or |
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| 52 | 52 | | neglect and finds that an individual abused or neglected a child, |
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| 53 | 53 | | the agency shall notify the department of its findings and provide |
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| 54 | 54 | | the department the information the department requires to add the |
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| 55 | 55 | | person's name to the central registry. |
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| 56 | 56 | | SECTION 2. This Act takes effect September 1, 2023. |
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