88R2251 MCK-F
By: Klick H.B. No. 4269
A BILL TO BE ENTITLED
AN ACT
relating to the procedures and notice required before an
individual's name is added to the central child abuse or neglect
registry.
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 Subsections (a-1),
(a-2), (b-1), and (d) to read as follows:
(a) The department shall establish and maintain a central
registry of the names of individuals found [by the department] to
have abused or neglected a child.
(a-1) Except as provided by Subsection (a-2), the
department may not add the name of an individual to the central
registry maintained under this section unless a court in any civil,
criminal, administrative, or juvenile proceeding, including a
proceeding under Subchapter C, Chapter 262, or Section 264.203,
issues a final order finding that the individual abused or
neglected a child.
(a-2) If the department finds that an individual subjected a
child to aggravated circumstances as described by Section 262.2015,
the department may add the individual's name to the central
registry maintained under this section without a court order
finding that the individual abused or neglected the child.
(b) The department may not find that an individual abused or
neglected a child [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. The department shall[;
[(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.
(b-1) The department shall:[;]
(1) [(3) require the department to] remove an
individual's [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 individual [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 internal [consumer] affairs of the department; or
(C) a hearing or an appeal conducted by the State
Office of Administrative Hearings, a court of appeals, the court of
criminal appeals, or the supreme court; and
(2) [(4) require the department to] update any
relevant department files to reflect an overturned finding of abuse
or neglect against an individual [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 (1) [(3)].
(d) The commissioner shall adopt rules necessary to carry
out this section, including rules to ensure substantial compliance
with this section.
SECTION 2. Subchapter A, Chapter 261, Family Code, is
amended by adding Section 261.0021 to read as follows:
Sec. 261.0021. NOTICE BEFORE ALLEGED OFFENDER ADDED TO
CENTRAL REGISTRY. Not later than the 10th business day before the
date the department adds an individual's name and information to
the central registry maintained under Section 261.002, the
department shall provide written notice to the individual of the
prospective addition to the registry. The notice must include:
(1) a clear statement describing the purposes and
scope of the registry;
(2) an explanation of the consequences of being listed
in the registry, including any possible negative impact on the
individual's ability to:
(A) obtain employment or certain licenses; and
(B) have future contact with children, including
any limitation on volunteering or involvement in school activities;
and
(3) information regarding the individual's right to
challenge inclusion of the individual's name in the registry,
including the procedures for challenging inclusion of the
individual's name in the registry.
SECTION 3. (a) The commissioner of the Department of Family
and Protective Services shall adopt the rules necessary to
implement the changes in law made by this Act by amending Section
261.002, Family Code, and adding Section 261.0021, Family Code.
(b) The changes in law made by this Act by amending Section
261.002, Family Code, and adding Section 261.0021, Family Code,
apply only to a finding that an individual abused or neglected a
child made on or after the effective date of this Act. A finding
made before that date is governed by the law in effect on the date
the finding was made, and the former law is continued in effect for
that purpose.
SECTION 4. This Act takes effect September 1, 2023.