88R11296 MLH-D
By: Lujan, Gerdes, Garcia, et al. H.B. No. 2572
A BILL TO BE ENTITLED
AN ACT
relating to the central registry of names 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
amending Subsections (a) and (b) and adding Subsection (d) to read
as follows:
(a) The department shall establish and maintain a central
registry of the names of individuals found by the department, the
Health and Human Services Commission, or the Texas Juvenile Justice
Department to have abused or neglected a child.
(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;
(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); and
(5) specify that the registry includes names of
individuals found to have abused or neglected a child by:
(A) the relevant divisions of the department;
(B) the Health and Human Services Commission; and
(C) the Texas Juvenile Justice Department.
(d) If the Health and Human Services Commission or the Texas
Juvenile Justice Department investigates an allegation of abuse or
neglect and finds that an individual abused or neglected a child,
the agency shall notify the department of its findings and provide
the department the information the department requires to add the
person's name to the central registry.
SECTION 2. This Act takes effect September 1, 2023.