Texas 2023 - 88th Regular

Texas House Bill HB4269 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R2251 MCK-F
2	2	By: Klick H.B. No. 4269
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the procedures and notice required before an
8	8	individual's name is added to the central child abuse or neglect
9	9	registry.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 261.002, Family Code, is amended by
12	12	amending Subsections (a) and (b) and adding Subsections (a-1),
13	13	(a-2), (b-1), and (d) to read as follows:
14	14	(a) The department shall establish and maintain a central
15	15	registry of the names of individuals found [by the department] to
16	16	have abused or neglected a child.
17	17	(a-1) Except as provided by Subsection (a-2), the
18	18	department may not add the name of an individual to the central
19	19	registry maintained under this section unless a court in any civil,
20	20	criminal, administrative, or juvenile proceeding, including a
21	21	proceeding under Subchapter C, Chapter 262, or Section 264.203,
22	22	issues a final order finding that the individual abused or
23	23	neglected a child.
24	24	(a-2) If the department finds that an individual subjected a
25	25	child to aggravated circumstances as described by Section 262.2015,
26	26	the department may add the individual's name to the central
27	27	registry maintained under this section without a court order
28	28	finding that the individual abused or neglected the child.
29	29	(b) The department may not find that an individual abused or
30	30	neglected a child [executive commissioner shall adopt rules
31	31	necessary to carry out this section. The rules shall:
32	32	[(1) prohibit the department from making a finding of
33	33	abuse or neglect against a person] in a case in which the department
34	34	is named managing conservator of a child who has a severe emotional
35	35	disturbance only because the child's family is unable to obtain
36	36	mental health services for the child. The department shall[;
37	37	[(2)] establish guidelines for reviewing the records in
38	38	the registry and removing those records in which the department was
39	39	named managing conservator of a child who has a severe emotional
40	40	disturbance only because the child's family was unable to obtain
41	41	mental health services for the child.
42	42	(b-1) The department shall:[;]
43	43	(1) [(3) require the department to] remove an
44	44	individual's [a person's] name from the central registry maintained
45	45	under this section not later than the 10th business day after the
46	46	date the department receives notice that a finding of abuse and
47	47	neglect against the individual [person] is overturned in:
48	48	(A) an administrative review or an appeal of the
49	49	review conducted under Section 261.309(c);
50	50	(B) a review or an appeal of the review conducted
51	51	by the office of internal [consumer] affairs of the department; or
52	52	(C) a hearing or an appeal conducted by the State
53	53	Office of Administrative Hearings, a court of appeals, the court of
54	54	criminal appeals, or the supreme court; and
55	55	(2) [(4) require the department to] update any
56	56	relevant department files to reflect an overturned finding of abuse
57	57	or neglect against an individual [a person] not later than the 10th
58	58	business day after the date the finding is overturned in a review,
59	59	hearing, or appeal described by Subdivision (1) [(3)].
60	60	(d) The commissioner shall adopt rules necessary to carry
61	61	out this section, including rules to ensure substantial compliance
62	62	with this section.
63	63	SECTION 2. Subchapter A, Chapter 261, Family Code, is
64	64	amended by adding Section 261.0021 to read as follows:
65	65	Sec. 261.0021. NOTICE BEFORE ALLEGED OFFENDER ADDED TO
66	66	CENTRAL REGISTRY. Not later than the 10th business day before the
67	67	date the department adds an individual's name and information to
68	68	the central registry maintained under Section 261.002, the
69	69	department shall provide written notice to the individual of the
70	70	prospective addition to the registry. The notice must include:
71	71	(1) a clear statement describing the purposes and
72	72	scope of the registry;
73	73	(2) an explanation of the consequences of being listed
74	74	in the registry, including any possible negative impact on the
75	75	individual's ability to:
76	76	(A) obtain employment or certain licenses; and
77	77	(B) have future contact with children, including
78	78	any limitation on volunteering or involvement in school activities;
79	79	and
80	80	(3) information regarding the individual's right to
81	81	challenge inclusion of the individual's name in the registry,
82	82	including the procedures for challenging inclusion of the
83	83	individual's name in the registry.
84	84	SECTION 3. (a) The commissioner of the Department of Family
85	85	and Protective Services shall adopt the rules necessary to
86	86	implement the changes in law made by this Act by amending Section
87	87	261.002, Family Code, and adding Section 261.0021, Family Code.
88	88	(b) The changes in law made by this Act by amending Section
89	89	261.002, Family Code, and adding Section 261.0021, Family Code,
90	90	apply only to a finding that an individual abused or neglected a
91	91	child made on or after the effective date of this Act. A finding
92	92	made before that date is governed by the law in effect on the date
93	93	the finding was made, and the former law is continued in effect for
94	94	that purpose.
95	95	SECTION 4. This Act takes effect September 1, 2023.