Texas Senate Bill SB1196

Texas 2025 - 89th Regular

• Filed: 2/10/25

Caption

Relating to the procedures and notice required before an individual's name is added to the central child abuse or neglect registry.

Impact

The implementation of SB1196 is expected to enhance the procedural safeguards afforded to individuals implicated in child abuse or neglect. By requiring the Department to notify those individuals and allow for challenges before their names are officially added to the registry, the bill seeks to prevent unjust labeling of individuals without due process. Furthermore, the bill emphasizes the importance of maintaining accurate and fair records while ensuring that legitimate cases of abuse or neglect are addressed appropriately. Individuals will have an opportunity to present their case and potentially overturn erroneous findings, thereby strengthening legal protections for families.

Summary

SB1196 proposes significant modifications to the procedures and notice requirements for individuals whose names might be added to the central child abuse or neglect registry in Texas. Under this bill, the Department of Family and Protective Services must provide written notice to individuals within ten days of determining that they have abused or neglected a child. This notice will outline the implications of being listed in the registry, including obstacles related to employment and future interactions with children. It will also inform individuals of their right to contest their inclusion in the registry through various legal avenues, including administrative hearings and court appeals.

Contention

Despite its intent to clarify procedural elements, SB1196 may still spark debate among stakeholders. Supporters might argue that the measure is a necessary step for protecting the rights of individuals and preventing unfounded allegations from unduly impacting their lives. Critics, however, may contend that such protections could complicate and slow down the process of addressing genuine cases of child abuse, potentially putting children at risk. Concerns may also arise regarding the balance between protecting parental rights and ensuring the safety and welfare of children, indicating a need for careful consideration during discussions and eventual implementation.

Texas Constitutional Statutes Affected

Family Code

• Chapter 261. Investigation Of Report Of Child Abuse Or Neglect
  • Section: New Section

• Chapter 262. Procedures In Suit By Governmental Entity To Protect Health And Safety Of Child
  • Section: New Section
  • Section: 406

• Chapter 264. Child Welfare Services
  • Section: 203