Bill Text: TX HB3234 | 2011-2012 | 82nd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the prioritization of requests to release certain case records maintained by the Department of Family and Protective Services.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB3234 Detail]

Download: Texas-2011-HB3234-Introduced.html
  82R1895 TJB-D
 
  By: Hernandez Luna H.B. No. 3234
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the preparation of case records of children discharged
  from foster care.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 264, Family Code, is
  amended by adding Section 264.0145 to read as follows:
         Sec. 264.0145.  PREPARATION AND RELEASE OF CASE RECORD.  (a)  
  In this section, "case record" means those files, reports, records,
  communications, audiotapes, videotapes, or working papers under
  the custody and control of the department that are collected,
  developed, or used:
               (1)  in a child abuse or neglect investigation; or
               (2)  in providing services as a result of an
  investigation, including substitute care services for a child.
         (b)  Not later than the 30th day before the date a child is
  discharged from foster care, the department shall assemble and
  prepare the child's case record for release to the child.  The
  department shall redact any information from the case record that
  is confidential and may not be provided to the child under statute
  or department rule.
         (c)  The department is not required to release a copy of the
  case record except as provided by law.
         SECTION 2.  The change in law made by this Act applies only
  to the case record of a child discharged from foster care on or
  after the 30th day following the effective date of this Act.  The
  case record of a child discharged from foster care before the 30th
  day following the effective date of this Act is governed by the law
  applicable at the time of the child's discharge, and the former law
  is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2011.
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