Texas 2025 - 89th Regular

Texas Senate Bill SB1196 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3472 DNC-F
2	2	By: Birdwell S.B. No. 1196
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the procedures and notice required before an
10	10	individual's name is added to the central child abuse or neglect
11	11	registry.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 261.002, Family Code, is amended by
14	14	amending Subsections (a) and (b) and adding Subsections (a-1),
15	15	(a-2), (b-1), (e), and (f) to read as follows:
16	16	(a) The department shall establish and maintain a central
17	17	registry of the names of individuals found [by the department] to
18	18	have abused or neglected a child.
19	19	(a-1) Except as provided by Subsection (a-2), the
20	20	department may not add the name of an individual to the central
21	21	registry maintained under this section unless a final order issued
22	22	by the State Office of Administrative Hearings after an
23	23	administrative hearing or by a court in a civil proceeding,
24	24	including a proceeding under Subchapter C or F, Chapter 262, or
25	25	Section 264.203, includes a finding that the individual abused or
26	26	neglected a child.
27	27	(a-2) The department may add an individual's name to the
28	28	central registry maintained under this section without a final
29	29	order that includes a finding that the individual abused or
30	30	neglected a child if the department determines that:
31	31	(1) the individual abandoned the child without
32	32	identification or a means for identifying the child;
33	33	(2) a child of the individual is a victim of serious
34	34	bodily injury or sexual abuse inflicted by the individual or by
35	35	another person with the individual's consent;
36	36	(3) the individual has engaged in conduct against a
37	37	child that would constitute an offense under the following
38	38	provisions of the Penal Code:
39	39	(A) Section 19.02 (murder);
40	40	(B) Section 19.03 (capital murder);
41	41	(C) Section 19.04 (manslaughter);
42	42	(D) Section 20A.02(a)(7) or (8) (trafficking of
43	43	persons);
44	44	(E) Section 21.02 (continuous sexual abuse of
45	45	young child or disabled individual);
46	46	(F) Section 21.11 (indecency with a child);
47	47	(G) Section 22.011 (sexual assault);
48	48	(H) Section 22.02 (aggravated assault);
49	49	(I) Section 22.021 (aggravated sexual assault);
50	50	(J) Section 22.04 (injury to a child, elderly
51	51	individual, or disabled individual);
52	52	(K) Section 22.041 (abandoning or endangering
53	53	child);
54	54	(L) Section 25.02 (prohibited sexual conduct);
55	55	(M) Section 43.05(a)(2) (compelling
56	56	prostitution);
57	57	(N) Section 43.25 (sexual performance by a
58	58	child); or
59	59	(O) Section 43.26 (possession or promotion of
60	60	child pornography);
61	61	(4) the individual voluntarily left the child alone or
62	62	in the possession of another person not the parent of the child for
63	63	at least six months without expressing an intent to return and
64	64	without providing adequate support for the child;
65	65	(5) the individual has been convicted for:
66	66	(A) the murder of another child and the offense
67	67	would have been an offense under 18 U.S.C. Section 1111(a) if the
68	68	offense had occurred in the special maritime or territorial
69	69	jurisdiction of the United States;
70	70	(B) the voluntary manslaughter of another child
71	71	and the offense would have been an offense under 18 U.S.C. Section
72	72	1112(a) if the offense had occurred in the special maritime or
73	73	territorial jurisdiction of the United States;
74	74	(C) aiding or abetting, attempting, conspiring,
75	75	or soliciting an offense under Paragraph (A) or (B); or
76	76	(D) the felony assault of a child that resulted
77	77	in serious bodily injury to the child or another child of the
78	78	parent; or
79	79	(6) the individual is required under any state or
80	80	federal law to register with a sex offender registry.
81	81	(b) The department may not find that an individual abused or
82	82	neglected a child [executive commissioner shall adopt rules
83	83	necessary to carry out this section. The rules shall:
84	84	[(1) prohibit the department from making a finding of
85	85	abuse or neglect against a person] in a case in which the department
86	86	is named managing conservator of a child who has a severe emotional
87	87	disturbance only because the child's family is unable to obtain
88	88	mental health services for the child. The department shall[;
89	89	[(2)] establish guidelines for reviewing the records in
90	90	the registry and removing those records in which the department was
91	91	named managing conservator of a child who has a severe emotional
92	92	disturbance only because the child's family was unable to obtain
93	93	mental health services for the child.
94	94	(b-1) The department shall:[;]
95	95	(1) [(3) require the department to] remove an
96	96	individual's [a person's] name from the central registry maintained
97	97	under this section not later than the 10th business day after the
98	98	date the department receives notice that a finding of abuse and
99	99	neglect against the individual [person] is overturned in:
100	100	(A) an administrative review of the department's
101	101	determination or an appeal of the review conducted under Section
102	102	261.309(c);
103	103	(B) a review of the department's determination or
104	104	an appeal of the review conducted by the office of consumer affairs
105	105	of the department under department rules; [or]
106	106	(C) a hearing or an appeal conducted by the State
107	107	Office of Administrative Hearings;
108	108	(D) an internal department review of the
109	109	department's determination conducted under Section 261.0023 while
110	110	an administrative hearing is pending; or
111	111	(E) an order by a county court at law, an
112	112	associate judge under Section 201.201, a district court, a court of
113	113	appeals, or the supreme court; and
114	114	(2) [(4) require the department to] update any
115	115	relevant department files to reflect an overturned finding of abuse
116	116	or neglect against an individual [a person] not later than the 10th
117	117	business day after the date the finding is overturned in a review,
118	118	hearing, or appeal described by Subdivision (1) [(3)].
119	119	(e) This section does not limit the ability of the Health
120	120	and Human Services Commission to access the department's records of
121	121	reports of child abuse or neglect to conduct a background check
122	122	under Section 42.056, Human Resources Code, or commission rules.
123	123	(f) The commissioner shall adopt rules necessary to carry
124	124	out this section, including rules to ensure substantial compliance
125	125	with this section.
126	126	SECTION 2. Subchapter A, Chapter 261, Family Code, is
127	127	amended by adding Sections 261.0021, 261.0022, and 261.0023 to read
128	128	as follows:
129	129	Sec. 261.0021. NOTICE BEFORE NAME OF INDIVIDUAL ADDED TO
130	130	CENTRAL REGISTRY. (a) If the department determines that an
131	131	individual has abused or neglected a child, the department shall,
132	132	not later than the 10th day after the date the determination is
133	133	made, provide written notice to the individual of the department's
134	134	prospective addition of the individual's name to the central
135	135	registry maintained under Section 261.002. The notice must
136	136	include:
137	137	(1) a clear statement describing the purposes and
138	138	scope of the registry;
139	139	(2) an explanation of the consequences of being listed
140	140	in the registry, including any possible negative impact on the
141	141	individual's ability to:
142	142	(A) obtain employment or certain licenses; and
143	143	(B) have future contact with children, including
144	144	any limitation on volunteering or involvement in school activities;
145	145	and
146	146	(3) information regarding the individual's right to
147	147	challenge inclusion of the individual's name in the registry,
148	148	including the procedures for challenging inclusion of the
149	149	individual's name in the registry through:
150	150	(A) an administrative review of the department's
151	151	determination or an appeal of the review conducted under Section
152	152	261.309(c);
153	153	(B) a review of the department's determination or
154	154	an appeal of the review conducted by the office of consumer affairs
155	155	of the department under department rules;
156	156	(C) a hearing or an appeal conducted by the State
157	157	Office of Administrative Hearings;
158	158	(D) an internal department review of the
159	159	department's determination conducted under Section 261.0023 while
160	160	an administrative hearing is pending; or
161	161	(E) an order by a county court at law, an
162	162	associate judge under Section 201.201, a district court, a court of
163	163	appeals, or the supreme court.
164	164	(b) The department may not add an individual's name to the
165	165	central registry:
166	166	(1) before the 31st day after the date the department
167	167	provides notice to the individual under this section;
168	168	(2) if the individual requests a hearing under Section
169	169	261.0022, before the conclusion of the hearing process; or
170	170	(3) if the department's determination that the
171	171	individual abused or neglected a child is overturned by a process
172	172	available to the individual and listed under Subsection (a)(3).
173	173	Sec. 261.0022. HEARING CONDUCTED BY STATE OFFICE OF
174	174	ADMINISTRATIVE HEARINGS. (a) Not later than the 30th day after the
175	175	date an individual receives notice under Section 261.0021, the
176	176	individual may request a hearing with the State Office of
177	177	Administrative Hearings to review the finding of abuse and neglect.
178	178	(b) If an individual requests a hearing under this section,
179	179	the department shall refer the individual's case to the State
180	180	Office of Administrative Hearings to hold the hearing.
181	181	(c) An administrative law judge of the State Office of
182	182	Administrative Hearings shall:
183	183	(1) conduct a hearing for a request under this section
184	184	in accordance with Chapter 2001, Government Code;
185	185	(2) make findings of fact and conclusions of law; and
186	186	(3) issue an order containing a final decision
187	187	regarding the abuse and neglect findings.
188	188	(d) Notice of the administrative law judge's order given to
189	189	the individual under Chapter 2001, Government Code, must include a
190	190	statement of the individual's right to judicial review of the
191	191	order.
192	192	(e) Not later than the 10th day after the date an order by an
193	193	administrative law judge affirming the department's determination
194	194	becomes final under Section 2001.144, Government Code, the
195	195	department shall add the individual's name to the central registry.
196	196	(f) If the individual seeks judicial review of the
197	197	administrative law judge's order, the order remains in effect
198	198	during the pendency of that appeal.
199	199	(g) An individual may not receive a hearing under this
200	200	section if the finding of abuse or neglect by the individual is
201	201	made:
202	202	(1) under Section 262.201, 262.406, or 264.203; or
203	203	(2) by a district or appellate court.
204	204	Sec. 261.0023. INTERNAL DEPARTMENT REVIEW. (a) If an
205	205	individual requests a hearing under Section 261.0022, the
206	206	department shall conduct an internal department review of the
207	207	findings while the administrative hearing is pending.
208	208	(b) The department by rule shall establish a process for
209	209	conducting an internal department review of a finding of abuse or
210	210	neglect of a child before the date of the administrative hearing.
211	211	(c) If the department determines in an internal department
212	212	review that the evidence does not support a finding of abuse or
213	213	neglect by a preponderance of the evidence, not later than the 10th
214	214	day after the date the department makes the determination the
215	215	department:
216	216	(1) shall notify the individual of the results of the
217	217	review;
218	218	(2) shall remove the case from the State Office of
219	219	Administrative Hearings docket; and
220	220	(3) may not add the individual's name to the central
221	221	registry.
222	222	(d) If the department determines in an internal department
223	223	review that the evidence supports a finding of abuse or neglect by a
224	224	preponderance of the evidence, the department shall, not later than
225	225	the 10th day after making the determination, notify the individual
226	226	of the results of the review and that the individual's case will
227	227	remain on the State Office of Administrative Hearings docket.
228	228	(e) Information and materials used or referred to in an
229	229	internal department review under this section, including case
230	230	records or other documents, are confidential and not subject to
231	231	disclosure under Chapter 552, Government Code.
232	232	SECTION 3. Section 261.005, Family Code, is amended to read
233	233	as follows:
234	234	Sec. 261.005. REFERENCE TO EXECUTIVE COMMISSIONER OR
235	235	COMMISSION. (a) Unless otherwise provided by a provision of this
236	236	chapter, in this chapter:
237	237	(1) a reference to the executive commissioner or the
238	238	executive commissioner of the Health and Human Services Commission
239	239	means the commissioner of the department; and
240	240	(2) a reference to the Health and Human Services
241	241	Commission means the department.
242	242	(b) This section does not apply to Section 261.002(e).
243	243	SECTION 4. Section 262.201, Family Code, is amended by
244	244	adding Subsection (h-1) to read as follows:
245	245	(h-1) A temporary order issued under Subsection (h) must
246	246	include, with regard to each parent, managing conservator,
247	247	possessory conservator, guardian, caretaker, or custodian entitled
248	248	to possession of the child, a determination by a preponderance of
249	249	the evidence:
250	250	(1) whether that individual engaged in conduct that
251	251	would constitute abuse or neglect under Section 261.001; and
252	252	(2) for an individual determined by the court to have
253	253	engaged in conduct that constitutes child abuse or neglect, a
254	254	finding listing the specific provisions of Section 261.001
255	255	applicable to the individual's conduct.
256	256	SECTION 5. Section 262.406, Family Code, is amended by
257	257	amending Subsection (a) and adding Subsection (a-1) to read as
258	258	follows:
259	259	(a) Except as provided by Subsection (d), at the conclusion
260	260	of the hearing in a suit filed under Section 262.404, the court
261	261	shall order the department to provide family preservation services
262	262	and to execute a family preservation services plan developed in
263	263	collaboration with the family of the child who is a candidate for
264	264	foster care if the court finds sufficient evidence to satisfy a
265	265	person of ordinary prudence and caution that:
266	266	(1) as to each parent, managing conservator, guardian,
267	267	or other member of the child's household:
268	268	(A) the individual engaged in conduct that would
269	269	constitute abuse or neglect under Section 261.001;
270	270	(B) the individual's acts or omissions present an
271	271	immediate risk of abuse or neglect to the child; or
272	272	(C) [occurred or] there is a [substantial risk of
273	273	abuse or neglect or] continuing danger to the child's physical
274	274	health or safety caused by an act or failure to act of the
275	275	individual [parent, managing conservator, guardian, or other
276	276	member of the child's household];
277	277	(2) family preservation services are necessary to
278	278	ensure the child's physical health or safety; and
279	279	(3) family preservation services are appropriate
280	280	based on the child's safety risk assessment and the child's family
281	281	assessment.
282	282	(a-1) If the court makes a finding under Subsection
283	283	(a)(1)(A), the court shall identify the specific parts of Section
284	284	261.001 that apply to the parent's, managing conservator's,
285	285	guardian's, or other member of the child's household's conduct.
286	286	SECTION 6. Section 264.203, Family Code, is amended by
287	287	amending Subsection (m) and adding Subsection (m-1) to read as
288	288	follows:
289	289	(m) At the conclusion of the hearing, the court shall deny
290	290	the petition unless the court finds sufficient evidence to satisfy
291	291	a person of ordinary prudence and caution that:
292	292	(1) as to each parent, managing conservator, guardian,
293	293	or other member of the child's household:
294	294	(A) the individual engaged in conduct that would
295	295	constitute abuse or neglect under Section 261.001;
296	296	(B) the individual's acts or omissions present an
297	297	immediate risk of abuse or neglect to the child; or
298	298	(C) [has occurred or] there is a [substantial
299	299	risk of abuse or neglect or] continuing danger to the physical
300	300	health or safety of the child caused by an act or failure to act of
301	301	the individual [parent, managing conservator, guardian, or other
302	302	member of the child's household]; and
303	303	(2) services are necessary to ensure the physical
304	304	health or safety of the child.
305	305	(m-1) If the court makes a finding under Subsection
306	306	(m)(1)(A), the court shall identify the specific parts of Section
307	307	261.001 that apply to the parent's, managing conservator's,
308	308	guardian's, or other member of the child's household's conduct.
309	309	SECTION 7. (a) The commissioner of the Department of Family
310	310	and Protective Services shall adopt the rules necessary to
311	311	implement the changes in law made by this Act.
312	312	(b) The changes in law made by this Act apply only to a
313	313	finding that an individual abused or neglected a child made on or
314	314	after the effective date of this Act. A finding made before that
315	315	date is governed by the law in effect on the date the finding was
316	316	made, and the former law is continued in effect for that purpose.
317	317	SECTION 8. This Act takes effect September 1, 2025.