89R3474 DNC-D
By: Birdwell S.B. No. 1195
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. NONAPPLICABILITY OF SUBCHAPTER. This
subchapter does not apply to persons alleged to have abused or
neglected a child in:
(1) a child-care facility or family home as defined by
Section 42.002, Human Resources Code; or
(2) a public or private primary or secondary school.
Sec. 261.603. EXPUNGEMENT REVIEW PANEL; MEMBERS. (a) The
department shall establish expungement review panels to review
requests to have a person's name removed from the central registry.
(b) An expungement review panel is composed of the general
counsel of the department or the general counsel's designee, the
department's chief consumer affairs and accountability officer or
the officer's designee, and a member of the State Bar of Texas
appointed by the commissioner of the department.
(c) The department shall create and maintain a list of
volunteers from which to select a member of the State Bar of Texas
for an expungement review panel.
(d) A member of the State Bar of Texas who volunteers to
serve on an expungement review panel must be board certified in
child welfare or family law and have a history of representing
families in suits affecting the parent-child relationship in which
the department is a party to the suit. A member of the State Bar of
Texas may not serve on an expungement review panel reviewing a
request from a person if the member represented any party in a suit
involving the person that resulted in the finding of abuse or
neglect at issue in the review.
(e) 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.
(f) Information and documents considered by an expungement
review panel are confidential, and a member of the panel may not
disclose any information or documents considered by the panel.
Sec. 261.604. 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 of the
department.
(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 an 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.
(d) A person may not make a request under this section for
more than three hearings on a single finding of child abuse or
neglect within a 10-year period.
(e) A person who has been determined by the department to
have engaged in child abuse or neglect is not eligible for a review
under this subchapter if:
(1) the incident of abuse or neglect resulted in a
child fatality or near fatality;
(2) a court ordered termination of the parent-child
relationship as a result of the abuse or neglect; or
(3) following the date of the department's
determination, the department makes another substantiated finding
of abuse or neglect by the person or the person was convicted or
placed on deferred adjudication community supervision for an
offense involving child abuse or neglect.
Sec. 261.605. HEARING DATE AND NOTICE; LIMITATION. (a) On
receipt of a request under Section 261.604(a), the commissioner of
the department shall establish an expungement review panel under
Section 261.603 and notify the 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 of the department 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.
(c) An expungement review panel may conduct a hearing by
telephone conference call, videoconference, or another similar
telecommunications method if the panel determines that the method
of appearance will facilitate the hearing.
Sec. 261.606. 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. 261.607. 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. 261.608. 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;
(2) more than two years have passed since the
department's last finding of abuse or neglect against the person;
and
(3) the incident that resulted in the finding of abuse
or neglect against the person did not involve sexual abuse,
fatality, or near fatality.
Sec. 261.609. CONFIDENTIALITY. The review conducted under
this subchapter and any records or documents related to the review
are confidential and not subject to disclosure under Chapter 552,
Government Code.
Sec. 261.610. RULEMAKING. The commissioner of the
department 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, 2025.