| 1 | 1 | | 88R10126 MLH-F |
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| 2 | 2 | | By: Bettencourt S.B. No. 1472 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the central registry of names of individuals found to |
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| 8 | 8 | | have abused or neglected a child. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 261.002, Family Code, is amended by |
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| 11 | 11 | | amending Subsection (b) and adding Subsections (d), (e), and (f) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (b) The executive commissioner shall adopt rules necessary |
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| 14 | 14 | | to carry out this section. The rules shall: |
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| 15 | 15 | | (1) prohibit the department from making a finding of |
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| 16 | 16 | | abuse or neglect against a person in a case in which the department |
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| 17 | 17 | | is named managing conservator of a child who has a severe emotional |
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| 18 | 18 | | disturbance only because the child's family is unable to obtain |
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| 19 | 19 | | mental health services for the child; |
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| 20 | 20 | | (2) establish guidelines for reviewing the records in |
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| 21 | 21 | | the registry and removing those records in which the department was |
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| 22 | 22 | | named managing conservator of a child who has a severe emotional |
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| 23 | 23 | | disturbance only because the child's family was unable to obtain |
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| 24 | 24 | | mental health services for the child; |
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| 25 | 25 | | (3) require the department to remove a person's name |
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| 26 | 26 | | from the central registry maintained under this section not later |
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| 27 | 27 | | than the 10th business day after the date the department receives |
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| 28 | 28 | | notice that a finding of abuse and neglect against the person is |
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| 29 | 29 | | overturned in: |
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| 30 | 30 | | (A) an administrative review or an appeal of the |
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| 31 | 31 | | review conducted under Section 261.309(c); |
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| 32 | 32 | | (B) a review or an appeal of the review conducted |
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| 33 | 33 | | by the office of consumer affairs of the department; or |
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| 34 | 34 | | (C) a hearing or an appeal conducted by the State |
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| 35 | 35 | | Office of Administrative Hearings; [and] |
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| 36 | 36 | | (4) require the department to update any relevant |
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| 37 | 37 | | department files to reflect an overturned finding of abuse or |
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| 38 | 38 | | neglect against a person not later than the 10th business day after |
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| 39 | 39 | | the date the finding is overturned in a review, hearing, or appeal |
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| 40 | 40 | | described by Subdivision (3); and |
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| 41 | 41 | | (5) establish guidelines for providing access to the |
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| 42 | 42 | | registry to entities as required by Subsection (d). |
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| 43 | 43 | | (d) The department shall provide access to the central |
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| 44 | 44 | | registry maintained under this section to: |
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| 45 | 45 | | (1) a facility, home, or agency: |
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| 46 | 46 | | (A) licensed, certified, registered, or listed |
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| 47 | 47 | | under Chapter 42, Human Resources Code; or |
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| 48 | 48 | | (B) exempt from the licensing requirements under |
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| 49 | 49 | | Section 42.041(b), Human Resources Code; |
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| 50 | 50 | | (2) an independent school district; |
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| 51 | 51 | | (3) an open-enrollment charter school; and |
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| 52 | 52 | | (4) a private school accredited by an organization |
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| 53 | 53 | | recognized by: |
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| 54 | 54 | | (A) the Texas Education Agency; or |
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| 55 | 55 | | (B) the Texas Private School Accreditation |
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| 56 | 56 | | Commission. |
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| 57 | 57 | | (e) A state agency that maintains records of abuse and |
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| 58 | 58 | | neglect findings, including the Texas Education Agency, shall: |
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| 59 | 59 | | (1) provide a copy of the records to the department; |
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| 60 | 60 | | and |
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| 61 | 61 | | (2) not later than the 10th day after the date a state |
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| 62 | 62 | | agency receives a record of an abuse or neglect finding, provide a |
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| 63 | 63 | | copy of the record to the department. |
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| 64 | 64 | | (f) The department shall include information from a record |
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| 65 | 65 | | provided under Subsection (e) in the central registry under this |
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| 66 | 66 | | section. |
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| 67 | 67 | | SECTION 2. This Act takes effect immediately if it receives |
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| 68 | 68 | | a vote of two-thirds of all the members elected to each house, as |
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| 69 | 69 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 70 | 70 | | Act does not receive the vote necessary for immediate effect, this |
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| 71 | 71 | | Act takes effect September 1, 2023. |
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