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