87(R) HB 1204 - Introduced version - Bill Text

	87R1808 MCK-F
	By:  Gates	H.B.  No.  1204

	A BILL TO BE ENTITLED
	AN ACT
	relating to the procedures 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
	adding Subsections (a-1) and (a-2) and amending Subsection (b) to
	read as follows:
	(a-1)    Except as provided by Subsection (a-2), the
	department may not add to the central registry maintained under
	this section the name of an individual found by the department to
	have abused or neglected a child unless the department's finding is
	sustained by an administrative law judge at an administrative
	hearing before the State Office of Administrative Hearings under
	Section 261.0021.
	(a-2)    The department may add the name of an individual to
	the central registry maintained under this section without an
	administrative hearing under Section 261.0021 if in a civil,
	criminal, administrative, or juvenile proceeding in which the
	allegations of abuse or neglect are at issue, a court finds the
	individual abused or neglected a child.
	(b)    The [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;
	(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;
	(3)    require the department to remove 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 person is
	overturned in:
	(A)    an administrative review or an appeal of the
	review conducted under Section 261.309(c);
	(B)    a review or an appeal of the review conducted
	by the office of consumer affairs of the department; or
	(C)    a hearing or an appeal conducted by the State
	Office of Administrative Hearings; and
	(4)    require the department to update any relevant
	department files to reflect an overturned finding of abuse or
	neglect against 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 (3).
	SECTION  2.    Subchapter A, Chapter 261, Family Code, is
	amended by adding Sections 261.0021 and 261.0022 to read as
	follows:
	Sec.  261.0021.    PROCEDURES FOR ADDING ALLEGED OFFENDERS TO
	CENTRAL REGISTRY; ADMINISTRATIVE HEARING. (a) Not later than the
	14th day after the date the department makes a finding that an
	individual abused or neglected a child, the department shall:
	(1)    submit a request for a hearing to the State Office
	of Administrative Hearings; and
	(2)    provide written notice to the individual that the
	department intends to add the individual's name and information
	regarding the reported case of abuse or neglect to the central
	registry maintained under Section 261.002.
	(b)    The notice required by Subsection (a)(2) must include:
	(1)    a clear statement of the specific allegations that
	will be added to the central registry, including:
	(A)    the name of the alleged victim;
	(B)    the injury or harm alleged to have resulted
	from the abuse or neglect; and
	(C)    the date the report of abuse or neglect was
	made to the department;
	(2)    the consequences of being listed in the central
	registry, including any possible negative impact on the
	individual's ability to obtain employment or certain licenses and
	to have future contact with children, including any limitation on
	volunteering or involvement in school activities;
	(3)    th