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A BILL TO BE ENTITLED
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AN ACT
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relating to the central registry of names of individuals found to |
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have abused or neglected a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.002, Family Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (d) to read |
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as follows: |
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(a) The department shall establish and maintain a central |
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registry of the names of individuals found by the department, the |
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Health and Human Services Commission, or the Texas Juvenile Justice |
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Department to have abused or neglected a child. |
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(b) The [executive] commissioner shall adopt rules |
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necessary to carry out this section. The rules shall: |
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(1) prohibit the department from making a finding of |
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abuse or neglect against a person in a case in which the department |
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is named managing conservator of a child who has a severe emotional |
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disturbance only because the child's family is unable to obtain |
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mental health services for the child; |
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(2) establish guidelines for reviewing the records in |
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the registry and removing those records in which the department was |
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named managing conservator of a child who has a severe emotional |
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disturbance only because the child's family was unable to obtain |
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mental health services for the child; |
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(3) require the department to remove a person's name |
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from the central registry maintained under this section not later |
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than the 10th business day after the date the department receives |
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notice that a finding of abuse and neglect against the person is |
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overturned in: |
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(A) an administrative review or an appeal of the |
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review conducted under Section 261.309(c); |
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(B) a review or an appeal of the review conducted |
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by the office of consumer affairs of the department; or |
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(C) a hearing or an appeal conducted by the State |
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Office of Administrative Hearings; [and] |
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(4) require the department to update any relevant |
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department files to reflect an overturned finding of abuse or |
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neglect against a person not later than the 10th business day after |
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the date the finding is overturned in a review, hearing, or appeal |
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described by Subdivision (3); and |
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(5) specify that the registry includes names of |
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individuals found to have abused or neglected a child by: |
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(A) the relevant divisions of the department; |
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(B) the Health and Human Services Commission; and |
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(C) the Texas Juvenile Justice Department. |
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(d) If the Health and Human Services Commission or the Texas |
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Juvenile Justice Department investigates an allegation of abuse or |
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neglect and finds that an individual abused or neglected a child, |
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the agency shall notify the department of its findings and provide |
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the department the information the department requires to add the |
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person's name to the central registry. |
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SECTION 2. This Act takes effect September 1, 2023. |