Texas 2025 - 89th Regular

Texas Senate Bill SB85 Compare Versions

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

Old	New	Differences
1	1	89R2524 MLH-D
2	2	By: Hall, Middleton S.B. No. 85
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to investigations of child abuse and neglect and the
10	10	procedures for adding names to or removing names from the central
11	11	registry of child abuse and neglect.
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), and (b-1) to read as follows:
16	16	(a) The department shall establish and maintain a central
17	17	registry of the names of persons [individuals] found by the
18	18	department to have abused or neglected a child other than persons
19	19	whose case was assigned the severity code "Low". Except as provided
20	20	by Subsection (a-1), the department shall maintain the person's
21	21	name in the registry until:
22	22	(1) the fifth anniversary of the date of the finding
23	23	for a case assigned the severity code "Moderate";
24	24	(2) the 15th anniversary of the date of the finding for
25	25	a case assigned the severity code "Serious";
26	26	(3) the 30th anniversary of the date of the finding for
27	27	a case assigned the severity code "Severe" or the 15th anniversary
28	28	of the date of the finding if the court returned the child to the
29	29	child's home during the period within which the court must render a
30	30	final order under Chapter 263; and
31	31	(4) the 99th anniversary of the date of the finding for
32	32	a case assigned the severity code "Near Fatal" or "Fatal".
33	33	(a-1) If the department's finding of abuse or neglect is
34	34	sustained by an administrative law judge of the State Office of
35	35	Administrative Hearings, the department shall maintain the
36	36	person's name in the central registry until the 20th anniversary of
37	37	the date of the finding or the date designated under Subsection (a),
38	38	whichever is longer.
39	39	(a-2) The department may not maintain a person's name in the
40	40	central registry after the date the department disposes of the case
41	41	records related to the investigation.
42	42	(b) The [executive] commissioner shall adopt rules
43	43	necessary to carry out this section. The rules shall:
44	44	(1) prohibit the department from making a finding of
45	45	abuse or neglect against a person in a case in which the department
46	46	is named managing conservator of a child who has a severe emotional
47	47	disturbance only because the child's family is unable to obtain
48	48	mental health services for the child;
49	49	(2) establish guidelines for reviewing the records in
50	50	the registry and removing those records in which the department was
51	51	named managing conservator of a child who has a severe emotional
52	52	disturbance only because the child's family was unable to obtain
53	53	mental health services for the child;
54	54	(3) require the department to remove a person's name
55	55	from the central registry maintained under this section not later
56	56	than the 10th business day after:
57	57	(A) the date the department receives notice that
58	58	a finding of abuse and neglect against the person is overturned in:
59	59	(i) [(A)] an administrative review or an
60	60	appeal of the review conducted under Section 261.309(c);
61	61	(ii) [(B)] a review or an appeal of the
62	62	review conducted by the office of consumer relations [affairs] of
63	63	the department or its successor; or
64	64	(iii) [(C)] a hearing or an appeal
65	65	conducted by the State Office of Administrative Hearings; or
66	66	(B) the date the expungement review panel renders
67	67	a decision to remove a person's name from the registry after
68	68	conducting an expungement hearing under Subchapter G; and
69	69	(4) require the department to update any relevant
70	70	department files to reflect an overturned finding of abuse or
71	71	neglect against a person not later than the 10th business day after
72	72	the date the finding is overturned in a review, hearing, or appeal
73	73	described by Subdivision (3).
74	74	(b-1) The department shall remove from the central registry
75	75	the name of any person against whom the department made a finding of
76	76	abuse or neglect when the person was younger than 18 years of age
77	77	if:
78	78	(1) two years have passed since the department made
79	79	the finding;
80	80	(2) the department has not made any subsequent finding
81	81	of abuse or neglect against the person;
82	82	(3) the person has not had a juvenile offender
83	83	adjudication for any act other than the incident that resulted in
84	84	the finding made by the department; and
85	85	(4) the person has not had any criminal adjudications
86	86	for an offense involving child abuse or neglect other than the
87	87	incident that resulted in the finding made by the department.
88	88	SECTION 2. Subchapter A, Chapter 261, Family Code, is
89	89	amended by adding Section 261.0021 to read as follows:
90	90	Sec. 261.0021. NOTICE BEFORE ADDING OFFENDER TO CENTRAL
91	91	REGISTRY. Before the department may add a person's name and
92	92	information regarding the reported case of abuse or neglect to the
93	93	central registry maintained under Section 261.002, the department
94	94	shall provide written notice to the person that the person will be
95	95	added to the registry. The notice must include:
96	96	(1) a clear statement of what the central registry is;
97	97	and
98	98	(2) the consequences of being listed in the central
99	99	registry, including any possible negative impact on the person's
100	100	ability to obtain employment or certain licenses and to have future
101	101	contact with children, including any limit on the person's ability
102	102	to volunteer at or be involved in school activities.
103	103	SECTION 3. Subchapter D, Chapter 261, Family Code, is
104	104	amended by adding Section 261.3082 to read as follows:
105	105	Sec. 261.3082. SEVERITY CODES. (a) The department shall
106	106	assign a severity code as provided by this section to each
107	107	substantiated finding of abuse or neglect made by the department in
108	108	an investigation relating to a person described in Sections
109	109	261.001(5)(A)-(D).
110	110	(b) The department shall assign the severity code "Low" to
111	111	an isolated incident where there was a threat of harm but no injury
112	112	to a child and the incident was due to an accident or parental
113	113	mistake that does not pose an ongoing risk of harm beyond the
114	114	incident. The "Low" severity code is limited to substantiated
115	115	findings of neglectful supervision. The department may not use the
116	116	severity code "Low" in an investigation of a school under Section
117	117	261.406 in which the department substantiated findings of abuse or
118	118	neglect.
119	119	(c) The department shall assign the severity code
120	120	"Moderate" to an incident of abuse or neglect in which there is a
121	121	low or moderate risk of future harm to a child, there are no
122	122	unmanaged dangers in the home, the incident does not result in
123	123	removal, and the department closes the investigation with a
124	124	recommendation for community services. The severity code
125	125	"Moderate" is limited to substantiated findings of emotional abuse,
126	126	neglectful supervision, and physical abuse consisting of an
127	127	isolated incident of inappropriate discipline that does not require
128	128	care by a medical provider or result in substantial injury to the
129	129	child.
130	130	(d) The department shall assign the severity code "Serious"
131	131	to an incident of abuse or neglect in which there is a high risk of
132	132	future harm to a child, there are unmanaged dangers in the home, and
133	133	without services to the family removal of the child from the home
134	134	would be necessary. The severity code "Serious" is limited to
135	135	substantiated findings of emotional abuse, neglectful supervision,
136	136	refusal to accept parental responsibility, medical or physical
137	137	neglect if the incident did not result in any harm or injury to the
138	138	child, and physical abuse excluding circumstances of physical abuse
139	139	that resulted in serious injury to the child.
140	140	(e) The department shall assign the severity code "Severe"
141	141	to an incident of abuse or neglect in which there is a very high risk
142	142	of future harm to a child, there are unmanaged dangers in the home,
143	143	and a court in a suit affecting the parent-child relationship
144	144	renders an order removing the child from the home. The severity
145	145	code "Severe" is limited to substantiated findings of sexual abuse,
146	146	physical abuse that resulted in serious injury to the child,
147	147	medical or physical neglect that resulted or could have resulted in
148	148	impairment to the child's overall health or well-being, sex or
149	149	labor trafficking, forced marriage, and abandonment.
150	150	(f) The department shall assign the severity code "Near
151	151	Fatal" to an incident of abuse or neglect that meets the definition
152	152	of near fatality in Section 264.5031.
153	153	(g) The department shall assign the severity code "Fatal" to
154	154	an incident of abuse or neglect that results in a child fatality.
155	155	(h) This section does not apply to a person alleged to have
156	156	abused or neglected a child at a child-care facility or family home
157	157	as defined by Section 42.002, Human Resources Code.
158	158	(i) The commissioner may adopt rules to implement this
159	159	section.
160	160	SECTION 4. Subchapter D, Chapter 261, Family Code, is
161	161	amended by adding Section 261.317 to read as follows:
162	162	Sec. 261.317. RECORDS RETENTION; EXPUNCTION. (a) The
163	163	department may retain records related to an investigation under
164	164	this chapter in accordance with the department's records retention
165	165	schedule after a person's name has been removed from the central
166	166	registry in order to perform background checks required under
167	167	Section 42.056, Human Resources Code, and to conduct risk and
168	168	safety assessments.
169	169	(b) The department shall comply with a court order directing
170	170	expunction of the department's records concerning a person for whom
171	171	the department maintains records.
172	172	SECTION 5. Chapter 261, Family Code, is amended by adding
173	173	Subchapter G to read as follows:
174	174	SUBCHAPTER G. REMOVING NAMES FROM CENTRAL REGISTRY OF ABUSE AND
175	175	NEGLECT
176	176	Sec. 261.601. DEFINITION. In this subchapter, "central
177	177	registry" means the central registry of the names of persons found
178	178	by the department to have abused or neglected a child maintained by
179	179	the department under Section 261.002.
180	180	Sec. 261.602. NONAPPLICABILITY OF SUBCHAPTER. This
181	181	subchapter does not apply to persons alleged to have abused or
182	182	neglected a child in a child-care facility or family home as defined
183	183	by Section 42.002, Human Resources Code, or to school
184	184	investigations conducted under Section 261.406.
185	185	Sec. 261.603. EXPUNGEMENT REVIEW PANEL; MEMBERS. (a) The
186	186	department shall establish an expungement review panel to review
187	187	requests to have a person's name removed from the central registry.
188	188	(b) The expungement review panel is composed of department
189	189	employees and a representative of the public appointed by the
190	190	commissioner. The public member of the review panel serves a
191	191	two-year term and may serve for not more than three terms.
192	192	(c) A person may not serve as a public member of the
193	193	expungement review panel if the person:
194	194	(1) has been convicted of or indicted for an offense
195	195	involving child abuse or neglect;
196	196	(2) has been determined by the department to have
197	197	engaged in child abuse or neglect; or
198	198	(3) is under investigation by the department for child
199	199	abuse or neglect.
200	200	(d) The public member of the expungement review panel is a
201	201	department volunteer for the purposes of Section 411.114,
202	202	Government Code.
203	203	(e) The members of the expungement review panel are immune
204	204	from civil or criminal liability for any act or omission that
205	205	relates to their duty or responsibility as a member of the review
206	206	panel if they acted in good faith and within the scope of their
207	207	responsibility, as provided in Section 40.061, Human Resources
208	208	Code.
209	209	Sec. 261.604. REQUEST FOR REMOVAL OF NAME. (a) A person
210	210	who desires to have the person's name removed from the central
211	211	registry shall submit a written request to the commissioner that
212	212	includes a letter describing the reason for the request.
213	213	(b) Only the following persons may make a request to have
214	214	their name removed from the central registry as provided by this
215	215	subchapter:
216	216	(1) a parent, guardian, or managing or possessory
217	217	conservator of the child;
218	218	(2) a member of the child's family or household as
219	219	defined by Chapter 71; and
220	220	(3) a person with whom the child's parent cohabits.
221	221	(c) A person may not make a request under this section
222	222	before the third anniversary of the date the department made its
223	223	most recent finding of child abuse or neglect.
224	224	(d) If the expungement review panel denies a request under
225	225	this section after a hearing, the person may not submit a subsequent
226	226	request until the first anniversary of the date the review panel
227	227	rendered a decision on the person's last request.
228	228	(e) A person who has been determined by the department to
229	229	have engaged in child abuse or neglect is not eligible for a review
230	230	under this subchapter if:
231	231	(1) the incident of abuse or neglect resulted in a
232	232	child fatality or near fatality;
233	233	(2) a court ordered termination of the parent-child
234	234	relationship as a result of the abuse or neglect; or
235	235	(3) following the date of the department's
236	236	determination, the department makes another substantiated finding
237	237	of abuse and neglect by the person or the person had a criminal
238	238	adjudication for an offense involving child abuse or neglect.
239	239	(f) A person found under Subsection (e)(3) to be ineligible
240	240	for a review under this subchapter may make another request under
241	241	this section after the period described in Subsection (c).
242	242	Sec. 261.605. HEARING DATE AND NOTICE; LIMITATION. (a) On
243	243	receipt of a request under Section 261.604(a), the commissioner
244	244	shall notify the expungement review panel of the request. The
245	245	review panel shall set a date for a hearing on the request. The
246	246	review panel shall hold the hearing not later than the 60th day
247	247	after the date the commissioner receives the request, unless the
248	248	panel has good cause for holding the hearing after that date.
249	249	(b) The expungement review panel shall send written notice
250	250	of the date, time, and location of the hearing to the requestor and
251	251	the regional office that conducted the original investigation.
252	252	Sec. 261.606. REVIEW HEARING. (a) At the hearing, the
253	253	person requesting the review may present evidence supporting
254	254	removal of the person's name from the central registry. The person
255	255	has the burden of providing the expungement review panel with the
256	256	basis for granting the request and may present evidence including:
257	257	(1) completion of treatment services or programs
258	258	related to the finding;
259	259	(2) letters of support from professionals or others;
260	260	(3) evidence of activities that would reflect upon the
261	261	person's changed behavior or circumstances such as therapy,
262	262	employment, or education; and
263	263	(4) any other relevant evidence that shows changed
264	264	circumstances.
265	265	(b) The regional office of the department that conducted the
266	266	original investigation may:
267	267	(1) present evidence in support of or in opposition to
268	268	the request; and
269	269	(2) make a recommendation regarding the request.
270	270	Sec. 261.607. EXPUNGEMENT REVIEW PANEL'S DECISION. (a)
271	271	Not later than the 45th day after the date of the hearing, the
272	272	expungement review panel shall render a written decision on the
273	273	request that includes the review panel's reasons for the decision.
274	274	The review panel's decision must be by majority vote.
275	275	(b) The expungement review panel shall provide the written
276	276	decision to the person requesting the review and to the
277	277	department's commissioner, deputy commissioner, chief of staff,
278	278	and associate commissioner for child protective investigations.
279	279	(c) The expungement review panel shall consider the
280	280	following factors in making its decision:
281	281	(1) the nature and severity of the allegations of
282	282	abuse or neglect and the circumstances surrounding the allegations;
283	283	(2) the number of findings of abuse or neglect
284	284	involving the person;
285	285	(3) whether the person was a child at the time the
286	286	finding of abuse or neglect was made and the person's age at the
287	287	time of the incident;
288	288	(4) whether the circumstances that contributed to the
289	289	incident of abuse or neglect still exist;
290	290	(5) actions taken by the person since the incident to
291	291	prevent the reoccurrence of abuse or neglect, including
292	292	participation in and completion of services and programs related to
293	293	the allegations; and
294	294	(6) any other relevant information that shows that the
295	295	person no longer poses a risk to the safety and well-being of the
296	296	alleged victim, other children, and vulnerable adults.
297	297	Sec. 261.608. LIMIT ON NUMBER OF REVIEW HEARINGS. A person
298	298	may not have more than four hearings under this subchapter.
299	299	Sec. 261.609. CONFIDENTIALITY. A review conducted under
300	300	this subchapter, including documents presented to and considered by
301	301	the expungement review panel, is confidential and not subject to
302	302	disclosure under Chapter 552, Government Code.
303	303	Sec. 261.610. RULEMAKING. The commissioner may adopt rules
304	304	to implement this subchapter.
305	305	SECTION 6. Section 261.3082, Family Code, as added by this
306	306	Act, applies only to a finding of abuse or neglect made by the
307	307	Department of Family and Protective Services on or after the
308	308	effective date of this Act.
309	309	SECTION 7. This Act takes effect immediately if it receives
310	310	a vote of two-thirds of all the members elected to each house, as
311	311	provided by Section 39, Article III, Texas Constitution. If this
312	312	Act does not receive the vote necessary for immediate effect, this
313	313	Act takes effect September 1, 2025.