88R2252 MLH-D
By: Klick H.B. No. 4267
A BILL TO BE ENTITLED
AN ACT
relating to the procedures for removing names from the central
registry of child abuse and neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 261, Family Code, is amended by adding
Subchapter G to read as follows:
SUBCHAPTER G. REMOVING NAMES FROM CENTRAL REGISTRY OF ABUSE AND
NEGLECT
Sec. 261.601. DEFINITION. In this subchapter, "central
registry" means the central registry of the names of persons found
by the department to have abused or neglected a child maintained by
the department under Section 261.002.
Sec. 261.602. EXPUNGEMENT REVIEW PANEL; MEMBERS. (a) The
department shall establish an expungement review panel to review
requests to have a person's name removed from the central registry.
(b) The expungement review panel is composed of the general
counsel of the department, the department's chief accountability
and internal affairs officer, and a member of the State Bar of Texas
who specializes in defending individuals accused of child abuse or
neglect appointed by the commissioner. The member of the State Bar
of Texas shall serve a two-year term and may serve for not more than
three terms.
(c) The members of the expungement review panel are immune
from civil or criminal liability for any act or omission that
relates to their duty or responsibility as a member of the review
panel if they acted in good faith and within the scope of their
responsibility, as provided in Section 40.061, Human Resources
Code.
Sec. 261.603. REQUEST FOR REMOVAL OF NAME. (a) A person
who desires to have the person's name removed from the central
registry must submit a written request to the commissioner.
(b) A person may not make a request under this section
before the second anniversary of the date the department added the
person's name to the central registry.
(c) If the expungement review panel denies a request under
this section after a hearing, the person may not submit a subsequent
request until the first anniversary of the date the review panel
rendered a decision on the person's most recent request.
Sec. 261.604. HEARING DATE AND NOTICE; LIMITATION. (a) On
receipt of a request under Section 261.603(a), the commissioner
shall notify the expungement review panel of the request. The
review panel shall set a date for a hearing on the request. The
review panel shall hold the hearing not later than the 60th day
after the date the commissioner receives the request.
(b) Not later than the 15th day before the hearing, the
expungement review panel shall send written notice of the hearing
to the requestor. The notice must include:
(1) the date, time, and location of the hearing; and
(2) the regional office that conducted the original
investigation that resulted in the finding of abuse or neglect.
Sec. 261.605. REVIEW HEARING. (a) At the hearing, the
person requesting the review has the right to be represented by
legal counsel.
(b) The person requesting the review has the burden of
providing the expungement review panel with the basis for granting
the request and may present evidence supporting removal of the
person's name from the central registry.
(c) The regional office of the department that conducted the
original investigation may:
(1) present evidence in support of or in opposition to
the request; and
(2) make a recommendation regarding the request.
Sec. 261.606. EXPUNGEMENT REVIEW PANEL'S DECISION. (a)
The panel shall render a written decision on the request that
includes the review panel's reasons for the decision not later than
the 30th day after the date of the hearing. The review panel's
decision must be by majority vote.
(b) Not later than the 45th day after the date of the
hearing, the expungement review panel shall provide the written
decision to the person requesting the review and to the
department's commissioner, deputy commissioner, chief of staff,
and associate commissioner for child protective investigations.
(c) The expungement review panel shall consider the
following factors in making its decision:
(1) the department's findings regarding the nature and
severity of the incident of abuse or neglect and the circumstances
surrounding the incident;
(2) the number of findings of abuse or neglect
involving the person;
(3) the person's age at the time of the incident, and
whether the person was a child at the time of the incident;
(4) whether the circumstances that contributed to the
incident of abuse or neglect still exist;
(5) actions taken by the person since the incident to
prevent the reoccurrence of abuse or neglect, including
participation in and completion of services and programs related to
the allegations;
(6) evidence that:
(A) the person no longer poses a similar risk;
and
(B) continued listing of the person's name in the
central registry would not serve a significant public purpose; and
(7) any other relevant information that shows that the
person no longer poses a risk to the safety and well-being of the
alleged victim, other children, and vulnerable adults.
(d) If the expungement review panel grants a person's
request for removal from the central registry, the department
shall, not later than the 10th day after rendering the decision,
remove the person's name from the central registry and update any
relevant department files to reflect the removal and the reasons
for removal given in the decision.
Sec. 261.607. AUTOMATIC REMOVAL. (a) The department shall
remove a person's name and related information from the central
registry if more than 18 years have passed since the department's
last finding of abuse or neglect against the person, unless any
finding of abuse or neglect against the person involved aggravated
circumstances described by Section 262.2015(b).
(b) The department shall remove a person's name and related
information from the central registry if:
(1) the person was a minor at the time of the incident
that resulted in the finding of abuse or neglect against the person;
and
(2) more than two years have passed since the
department's last finding of abuse or neglect against the person.
Sec. 261.608. CONFIDENTIALITY. The review conducted under
this subchapter is confidential and not subject to disclosure under
Chapter 552, Government Code.
Sec. 261.609. RULEMAKING. The commissioner shall adopt
rules necessary to implement this subchapter, including rules to
ensure substantial compliance with this subchapter.
SECTION 2. This Act takes effect September 1, 2023.