Texas 2023 - 88th Regular

Texas House Bill HB4267 Compare Versions

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Version 2 (New)

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1	1	88R2252 MLH-D
2	2	By: Klick H.B. No. 4267
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the procedures for removing names from the central
8	8	registry of child abuse and neglect.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 261, Family Code, is amended by adding
11	11	Subchapter G to read as follows:
12	12	SUBCHAPTER G. REMOVING NAMES FROM CENTRAL REGISTRY OF ABUSE AND
13	13	NEGLECT
14	14	Sec. 261.601. DEFINITION. In this subchapter, "central
15	15	registry" means the central registry of the names of persons found
16	16	by the department to have abused or neglected a child maintained by
17	17	the department under Section 261.002.
18	18	Sec. 261.602. EXPUNGEMENT REVIEW PANEL; MEMBERS. (a) The
19	19	department shall establish an expungement review panel to review
20	20	requests to have a person's name removed from the central registry.
21	21	(b) The expungement review panel is composed of the general
22	22	counsel of the department, the department's chief accountability
23	23	and internal affairs officer, and a member of the State Bar of Texas
24	24	who specializes in defending individuals accused of child abuse or
25	25	neglect appointed by the commissioner. The member of the State Bar
26	26	of Texas shall serve a two-year term and may serve for not more than
27	27	three terms.
28	28	(c) The members of the expungement review panel are immune
29	29	from civil or criminal liability for any act or omission that
30	30	relates to their duty or responsibility as a member of the review
31	31	panel if they acted in good faith and within the scope of their
32	32	responsibility, as provided in Section 40.061, Human Resources
33	33	Code.
34	34	Sec. 261.603. REQUEST FOR REMOVAL OF NAME. (a) A person
35	35	who desires to have the person's name removed from the central
36	36	registry must submit a written request to the commissioner.
37	37	(b) A person may not make a request under this section
38	38	before the second anniversary of the date the department added the
39	39	person's name to the central registry.
40	40	(c) If the expungement review panel denies a request under
41	41	this section after a hearing, the person may not submit a subsequent
42	42	request until the first anniversary of the date the review panel
43	43	rendered a decision on the person's most recent request.
44	44	Sec. 261.604. HEARING DATE AND NOTICE; LIMITATION. (a) On
45	45	receipt of a request under Section 261.603(a), the commissioner
46	46	shall notify the expungement review panel of the request. The
47	47	review panel shall set a date for a hearing on the request. The
48	48	review panel shall hold the hearing not later than the 60th day
49	49	after the date the commissioner receives the request.
50	50	(b) Not later than the 15th day before the hearing, the
51	51	expungement review panel shall send written notice of the hearing
52	52	to the requestor. The notice must include:
53	53	(1) the date, time, and location of the hearing; and
54	54	(2) the regional office that conducted the original
55	55	investigation that resulted in the finding of abuse or neglect.
56	56	Sec. 261.605. REVIEW HEARING. (a) At the hearing, the
57	57	person requesting the review has the right to be represented by
58	58	legal counsel.
59	59	(b) The person requesting the review has the burden of
60	60	providing the expungement review panel with the basis for granting
61	61	the request and may present evidence supporting removal of the
62	62	person's name from the central registry.
63	63	(c) The regional office of the department that conducted the
64	64	original investigation may:
65	65	(1) present evidence in support of or in opposition to
66	66	the request; and
67	67	(2) make a recommendation regarding the request.
68	68	Sec. 261.606. EXPUNGEMENT REVIEW PANEL'S DECISION. (a)
69	69	The panel shall render a written decision on the request that
70	70	includes the review panel's reasons for the decision not later than
71	71	the 30th day after the date of the hearing. The review panel's
72	72	decision must be by majority vote.
73	73	(b) Not later than the 45th day after the date of the
74	74	hearing, the expungement review panel shall provide the written
75	75	decision to the person requesting the review and to the
76	76	department's commissioner, deputy commissioner, chief of staff,
77	77	and associate commissioner for child protective investigations.
78	78	(c) The expungement review panel shall consider the
79	79	following factors in making its decision:
80	80	(1) the department's findings regarding the nature and
81	81	severity of the incident of abuse or neglect and the circumstances
82	82	surrounding the incident;
83	83	(2) the number of findings of abuse or neglect
84	84	involving the person;
85	85	(3) the person's age at the time of the incident, and
86	86	whether the person was a child at the time of the incident;
87	87	(4) whether the circumstances that contributed to the
88	88	incident of abuse or neglect still exist;
89	89	(5) actions taken by the person since the incident to
90	90	prevent the reoccurrence of abuse or neglect, including
91	91	participation in and completion of services and programs related to
92	92	the allegations;
93	93	(6) evidence that:
94	94	(A) the person no longer poses a similar risk;
95	95	and
96	96	(B) continued listing of the person's name in the
97	97	central registry would not serve a significant public purpose; and
98	98	(7) any other relevant information that shows that the
99	99	person no longer poses a risk to the safety and well-being of the
100	100	alleged victim, other children, and vulnerable adults.
101	101	(d) If the expungement review panel grants a person's
102	102	request for removal from the central registry, the department
103	103	shall, not later than the 10th day after rendering the decision,
104	104	remove the person's name from the central registry and update any
105	105	relevant department files to reflect the removal and the reasons
106	106	for removal given in the decision.
107	107	Sec. 261.607. AUTOMATIC REMOVAL. (a) The department shall
108	108	remove a person's name and related information from the central
109	109	registry if more than 18 years have passed since the department's
110	110	last finding of abuse or neglect against the person, unless any
111	111	finding of abuse or neglect against the person involved aggravated
112	112	circumstances described by Section 262.2015(b).
113	113	(b) The department shall remove a person's name and related
114	114	information from the central registry if:
115	115	(1) the person was a minor at the time of the incident
116	116	that resulted in the finding of abuse or neglect against the person;
117	117	and
118	118	(2) more than two years have passed since the
119	119	department's last finding of abuse or neglect against the person.
120	120	Sec. 261.608. CONFIDENTIALITY. The review conducted under
121	121	this subchapter is confidential and not subject to disclosure under
122	122	Chapter 552, Government Code.
123	123	Sec. 261.609. RULEMAKING. The commissioner shall adopt
124	124	rules necessary to implement this subchapter, including rules to
125	125	ensure substantial compliance with this subchapter.
126	126	SECTION 2. This Act takes effect September 1, 2023.