89R3472 DNC-F
By: Birdwell S.B. No. 1196
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), (e), and (f) 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 final order issued
by the State Office of Administrative Hearings after an
administrative hearing or by a court in a civil proceeding,
including a proceeding under Subchapter C or F, Chapter 262, or
Section 264.203, includes a finding that the individual abused or
neglected a child.
(a-2) The department may add an individual's name to the
central registry maintained under this section without a final
order that includes a finding that the individual abused or
neglected a child if the department determines that:
(1) the individual abandoned the child without
identification or a means for identifying the child;
(2) a child of the individual is a victim of serious
bodily injury or sexual abuse inflicted by the individual or by
another person with the individual's consent;
(3) the individual has engaged in conduct against a
child that would constitute an offense under the following
provisions of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 19.04 (manslaughter);
(D) Section 20A.02(a)(7) or (8) (trafficking of
persons);
(E) Section 21.02 (continuous sexual abuse of
young child or disabled individual);
(F) Section 21.11 (indecency with a child);
(G) Section 22.011 (sexual assault);
(H) Section 22.02 (aggravated assault);
(I) Section 22.021 (aggravated sexual assault);
(J) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(K) Section 22.041 (abandoning or endangering
child);
(L) Section 25.02 (prohibited sexual conduct);
(M) Section 43.05(a)(2) (compelling
prostitution);
(N) Section 43.25 (sexual performance by a
child); or
(O) Section 43.26 (possession or promotion of
child pornography);
(4) the individual voluntarily left the child alone or
in the possession of another person not the parent of the child for
at least six months without expressing an intent to return and
without providing adequate support for the child;
(5) the individual has been convicted for:
(A) the murder of another child and the offense
would have been an offense under 18 U.S.C. Section 1111(a) if the
offense had occurred in the special maritime or territorial
jurisdiction of the United States;
(B) the voluntary manslaughter of another child
and the offense would have been an offense under 18 U.S.C. Section
1112(a) if the offense had occurred in the special maritime or
territorial jurisdiction of the United States;
(C) aiding or abetting, attempting, conspiring,
or soliciting an offense under Paragraph (A) or (B); or
(D) the felony assault of a child that resulted
in serious bodily injury to the child or another child of the
parent; or
(6) the individual is required under any state or
federal law to register with a sex offender registry.
(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 of the department's
determination or an appeal of the review conducted under Section
261.309(c);
(B) a review of the department's determination or
an appeal of the review conducted by the office of consumer affairs
of the department under department rules; [or]
(C) a hearing or an appeal conducted by the State
Office of Administrative Hearings;
(D) an internal department review of the
department's determination conducted under Section 261.0023 while
an administrative hearing is pending; or
(E) an order by a county court at law, an
associate judge under Section 201.201, a district court, a court of
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)].
(e) This section does not limit the ability of the Health
and Human Services Commission to access the department's records of
reports of child abuse or neglect to conduct a background check
under Section 42.056, Human Resources Code, or commission rules.
(f) 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 Sections 261.0021, 261.0022, and 261.0023 to read
as follows:
Sec. 261.0021. NOTICE BEFORE NAME OF INDIVIDUAL ADDED TO
CENTRAL REGISTRY. (a) If the department determines that an
individual has abused or neglected a child, the department shall,
not later than the 10th day after the date the determination is
made, provide written notice to the individual of the department's
prospective addition of the individual's name to the central
registry maintained under Section 261.002. 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 through:
(A) an administrative review of the department's
determination or an appeal of the review conducted under Section
261.309(c);
(B) a review of the department's determination or
an appeal of the review conducted by the office of consumer affairs
of the department under department rules;
(C) a hearing or an appeal conducted by the State
Office of Administrative Hearings;
(D) an internal department review of the
department's determination conducted under Section 261.0023 while
an administrative hearing is pending; or
(E) an order by a county court at law, an
associate judge under Section 201.201, a district court, a court of
appeals, or the supreme court.
(b) The department may not add an individual's name to the
central registry:
(1) before the 31st day after the date the department
provides notice to the individual under this section;
(2) if the individual requests a hearing under Section
261.0022, before the conclusion of the hearing process; or
(3) if the department's determination that the
individual abused or neglected a child is overturned by a process
available to the individual and listed under Subsection (a)(3).
Sec. 261.0022. HEARING CONDUCTED BY STATE OFFICE OF
ADMINISTRATIVE HEARINGS. (a) Not later than the 30th day after the
date an individual receives notice under Section 261.0021, the
individual may request a hearing with the State Office of
Administrative Hearings to review the finding of abuse and neglect.
(b) If an individual requests a hearing under this section,
the department shall refer the individual's case to the State
Office of Administrative Hearings to hold the hearing.
(c) An administrative law judge of the State Office of
Administrative Hearings shall:
(1) conduct a hearing for a request under this section
in accordance with Chapter 2001, Government Code;
(2) make findings of fact and conclusions of law; and
(3) issue an order containing a final decision
regarding the abuse and neglect findings.
(d) Notice of the administrative law judge's order given to
the individual under Chapter 2001, Government Code, must include a
statement of the individual's right to judicial review of the
order.
(e) Not later than the 10th day after the date an order by an
administrative law judge affirming the department's determination
becomes final under Section 2001.144, Government Code, the
department shall add the individual's name to the central registry.
(f) If the individual seeks judicial review of the
administrative law judge's order, the order remains in effect
during the pendency of that appeal.
(g) An individual may not receive a hearing under this
section if the finding of abuse or neglect by the individual is
made:
(1) under Section 262.201, 262.406, or 264.203; or
(2) by a district or appellate court.
Sec. 261.0023. INTERNAL DEPARTMENT REVIEW. (a) If an
individual requests a hearing under Section 261.0022, the
department shall conduct an internal department review of the
findings while the administrative hearing is pending.
(b) The department by rule shall establish a process for
conducting an internal department review of a finding of abuse or
neglect of a child before the date of the administrative hearing.
(c) If the department determines in an internal department
review that the evidence does not support a finding of abuse or
neglect by a preponderance of the evidence, not later than the 10th
day after the date the department makes the determination the
department:
(1) shall notify the individual of the results of the
review;
(2) shall remove the case from the State Office of
Administrative Hearings docket; and
(3) may not add the individual's name to the central
registry.
(d) If the department determines in an internal department
review that the evidence supports a finding of abuse or neglect by a
preponderance of the evidence, the department shall, not later than
the 10th day after making the determination, notify the individual
of the results of the review and that the individual's case will
remain on the State Office of Administrative Hearings docket.
(e) Information and materials used or referred to in an
internal department review under this section, including case
records or other documents, are confidential and not subject to
disclosure under Chapter 552, Government Code.
SECTION 3. Section 261.005, Family Code, is amended to read
as follows:
Sec. 261.005. REFERENCE TO EXECUTIVE COMMISSIONER OR
COMMISSION. (a) Unless otherwise provided by a provision of this
chapter, in this chapter:
(1) a reference to the executive commissioner or the
executive commissioner of the Health and Human Services Commission
means the commissioner of the department; and
(2) a reference to the Health and Human Services
Commission means the department.
(b) This section does not apply to Section 261.002(e).
SECTION 4. Section 262.201, Family Code, is amended by
adding Subsection (h-1) to read as follows:
(h-1) A temporary order issued under Subsection (h) must
include, with regard to each parent, managing conservator,
possessory conservator, guardian, caretaker, or custodian entitled
to possession of the child, a determination by a preponderance of
the evidence:
(1) whether that individual engaged in conduct that
would constitute abuse or neglect under Section 261.001; and
(2) for an individual determined by the court to have
engaged in conduct that constitutes child abuse or neglect, a
finding listing the specific provisions of Section 261.001
applicable to the individual's conduct.
SECTION 5. Section 262.406, Family Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Subsection (d), at the conclusion
of the hearing in a suit filed under Section 262.404, the court
shall order the department to provide family preservation services
and to execute a family preservation services plan developed in
collaboration with the family of the child who is a candidate for
foster care if the court finds sufficient evidence to satisfy a
person of ordinary prudence and caution that:
(1) as to each parent, managing conservator, guardian,
or other member of the child's household:
(A) the individual engaged in conduct that would
constitute abuse or neglect under Section 261.001;
(B) the individual's acts or omissions present an
immediate risk of abuse or neglect to the child; or
(C) [occurred or] there is a [substantial risk of
abuse or neglect or] continuing danger to the child's physical
health or safety caused by an act or failure to act of the
individual [parent, managing conservator, guardian, or other
member of the child's household];
(2) family preservation services are necessary to
ensure the child's physical health or safety; and
(3) family preservation services are appropriate
based on the child's safety risk assessment and the child's family
assessment.
(a-1) If the court makes a finding under Subsection
(a)(1)(A), the court shall identify the specific parts of Section
261.001 that apply to the parent's, managing conservator's,
guardian's, or other member of the child's household's conduct.
SECTION 6. Section 264.203, Family Code, is amended by
amending Subsection (m) and adding Subsection (m-1) to read as
follows:
(m) At the conclusion of the hearing, the court shall deny
the petition unless the court finds sufficient evidence to satisfy
a person of ordinary prudence and caution that:
(1) as to each parent, managing conservator, guardian,
or other member of the child's household:
(A) the individual engaged in conduct that would
constitute abuse or neglect under Section 261.001;
(B) the individual's acts or omissions present an
immediate risk of abuse or neglect to the child; or
(C) [has occurred or] there is a [substantial
risk of abuse or neglect or] continuing danger to the physical
health or safety of the child caused by an act or failure to act of
the individual [parent, managing conservator, guardian, or other
member of the child's household]; and
(2) services are necessary to ensure the physical
health or safety of the child.
(m-1) If the court makes a finding under Subsection
(m)(1)(A), the court shall identify the specific parts of Section
261.001 that apply to the parent's, managing conservator's,
guardian's, or other member of the child's household's conduct.
SECTION 7. (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.
(b) The changes in law made by this Act 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 8. This Act takes effect September 1, 2025.