S.B. No. 1196 amends the Family Code to establish new procedures and notice requirements for adding an individual's name to the central child abuse or neglect registry. The bill stipulates that the department cannot add a name to the registry without a final order from the State Office of Administrative Hearings or a court finding of abuse or neglect, except in cases of abandonment or serious bodily injury. It also requires the department to provide written notice to individuals within ten days of a determination to add their name, outlining the implications and their right to challenge the inclusion. Additionally, individuals can request a hearing to review the department's findings, and if an internal review finds insufficient evidence, the name cannot be added to the registry.
The bill further enhances the legal framework surrounding child abuse and neglect cases by ensuring confidentiality for information used in internal reviews and clarifying references to the executive commissioner and the Health and Human Services Commission. It mandates that temporary child custody orders include determinations of any abuse or neglect conduct and requires courts to specify applicable legal provisions for such findings. The bill emphasizes the importance of family preservation services when there is potential harm to a child and outlines the criteria for providing these services. These changes will take effect on September 1, 2025, and will apply only to findings made after that date.
Statutes affected: Introduced: Family Code 261.002, Family Code 261.005, Family Code 262.201, Family Code 262.406, Family Code 264.203 (Family Code 261, Family Code 264, Family Code 262)