SB85 - Relating to investigations of child abuse and neglect and the procedures for adding names to or removing names from the central registry of child abuse and neglect.

  89R2524 MLH-D     By: Hall, Middleton S.B. No. 85       A BILL TO BE ENTITLED   AN ACT   relating to investigations of child abuse and neglect and the   procedures for adding names to or removing names from the central   registry of child abuse and neglect.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 261.002, Family Code, is amended by   amending Subsections (a) and (b) and adding Subsections (a-1),   (a-2), and (b-1) to read as follows:          (a)  The department shall establish and maintain a central   registry of the names of persons [ individuals ] found by the   department to have abused or neglected a child other than persons   whose case was assigned the severity code "Low". Except as provided   by Subsection (a-1), the department shall maintain the person's   name in the registry until:                 (1)     the fifth anniversary of the date of the finding   for a case assigned the severity code "Moderate";                 (2)     the 15th anniversary of the date of the finding for   a case assigned the severity code "Serious";                 (3)     the 30th anniversary of the date of the finding for   a case assigned the severity code "Severe" or the 15th anniversary   of the date of the finding if the court returned the child to the   child's home during the period within which the court must render a   final order under Chapter 263; and                 (4)     the 99th anniversary of the date of the finding for   a case assigned the severity code "Near Fatal" or "Fatal" .           (a-1)     If the department's finding of abuse or neglect is   sustained by an administrative law judge of the State Office of   Administrative Hearings, the department shall maintain the   person's name in the central registry until the 20th anniversary of   the date of the finding or the date designated under Subsection (a),   whichever is longer.           (a-2)     The department may not maintain a person's name in the   central registry after the date the department disposes of the case   records related to the investigation.          (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 :                       (A)   the date the department receives notice that   a finding of abuse and neglect against the person is overturned in:                             (i)  [ (A) ]  an administrative review or an   appeal of the review conducted under Section 261.309(c);                             (ii)  [ (B) ]  a review or an appeal of the   review conducted by the office of consumer relations [ affairs ] of   the department or its successor ; or                             (iii)  [ (C) ]  a hearing or an appeal   conducted by the State Office of Administrative Hearings; or                       (B)     the date the expungement review panel renders   a decision to remove a person's name from the registry after   conducting an expungement hearing under Subchapter G; 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).           (b-1)     The department shall remove from the central registry   the name of any person against whom the department made a finding of   abuse or neglect when the person was younger than 18 years of age   if:                 (1)     two years have passed since the department made   the finding;                 (2)     the department has not made any subsequent finding   of abuse or neglect against the person;                 (3)     the person has not had a juvenile offender   adjudication for any act other than the incident that resulted in   the finding made by the department; and                 (4)     the person has not had any criminal adjudications   for an offense involving child abuse or neglect other than the   incident that resulted in the finding made by the department.          SECTION 2.  Subchapter A, Chapter 261, Family Code, is   amended by adding Section 261.0021 to read as follows:           Sec.   261.0021.     NOTICE BEFORE ADDING OFFENDER TO CENTRAL   REGISTRY. Before the department may add a person's name and   information regarding the reported case of abuse or neglect to the   central registry maintained under Section 261.002, the department   shall provide written notice to the person that the person will be   added to the registry. The notice must include:                 (1)     a clear statement of what the central registry is;   and                 (2)     the consequences of being listed in the central   registry, including any possible negative impact on the person's   ability to obtain employment or certain licenses and to have future   contact with children, including any limit on the person's ability   to volunteer at or be involved in school activities.          SECTION 3.  Subchapter D, Chapter 261, Family Code, is   amended by adding Section 261.3082 to read as follows:           Sec.   261.3082.     SEVERITY CODES. (a) The department shall   assign a severity code as provided by this section to each   substantiated finding of abuse or neglect made by the department in   an investigation relating to a person described in Sections   261.001(5)(A)-(D).           (b)     The department shall assign the severity code "Low" to   an isolated incident where there was a threat of harm but no injury   to a child and the incident was due to an accident or parental   mistake that does not pose an ongoing risk of harm beyond the   incident. The "Low" severity code is limited to substantiated   findings of neglectful supervision. The department may not use the   severity code "Low" in an investigation of a school under Section   261.406 in which the department substantiated findings of abuse or   neglect.           (c)     The department shall assign the severity code   "Moderate" to an incident of abuse or neglect in which there is a   low or moderate risk of future harm to a child, there are no   unmanaged dangers in the home, the incident does not result in   removal, and the department closes the investigation with a   recommendation for community services. The severity code   "Moderate" is limited to substantiated findings of emotional abuse,   neglectful supervision, and physical abuse consisting of an   isolated incident of inappropriate discipline that does not require   care by a medical provider or result in substantial injury to the   child.           (d)     The department shall assign the severity code "Serious"   to an incident of abuse or neglect in which there is a high risk of   future harm to a child, there are unmanaged dangers in the home, and   without services to the family removal of the child from the home   would be necessary. The severity code "Serious" is limited to   substantiated findings of emotional abuse, neglectful supervision,   refusal to accept parental responsibility, medical or physical   neglect if the incident did not result in any harm or injury to the   child, and physical abuse excluding circumstances of physical abuse   that resulted in serious injury to the child.           (e)     The department shall assign the severity code "Severe"   to an incident of abuse or neglect in which there is a very high risk   of future harm to a child, there are unmanaged dangers in the home,   and a court in a suit affecting the parent-child relationship   renders an order removing the child from the home. The severity   code "Severe" is limited to substantiated findings of sexual abuse,   physical abuse that resulted in serious injury to the child,   medical or physical neglect that resulted or could have resulted in   impairment to the child's overall health or well-being, sex or   labor trafficking, forced marriage, and abandonment.           (f)     The department shall assign the severity code "Near   Fatal" to an incident of abuse or neglect that meets the definition   of near fatality in Section 264.5031.           (g)     The department shall assign the severity code "Fatal" to   an incident of abuse or neglect that results in a child fatality.           (h)     This section does not apply to a person alleged to have   abused or neglected a child at a child-care facility or family home   as defined by Section 42.002, Human Resources Code.           (i)     The commissioner may adopt rules to implement this   section.          SECTION 4.  Subchapter D, Chapter 261, Family Code, is   amended by adding Section 261.317 to read as follows:           Sec.   261.317.     RECORDS RETENTION; EXPUNCTION. (a) The   department may retain records related to an investigation under   this chapter in accordance with the department's records retention   schedule after a person's name has been removed from the central   registry in order to perform background checks required under   Section 42.056, Human Resources Code, and to conduct risk and   safety assessments.           (b)     The department shall comply with a court order directing   expunction of the department's records concerning a person for whom   the department maintains records.          SECTION 5.  Chapter 261, Family Code, is amended by adding   Subchapter G to read as follows:   SUBCHAPTER G. REMOVING NAMES FROM CENTRAL REGISTRY OF ABUSE AND   NEGLECT           Sec.   261.601.     DEFINITION. In this subchapter, "central   registry" means the central registry of the names of persons found   by the department to have abused or neglected a child maintained by   the department under Section 261.002.           Sec.   261.602.     NONAPPLICABILITY OF SUBCHAPTER. This   subchapter does not apply to persons alleged to have abused or   neglected a child in a child-care facility or family home as defined   by Section 42.002, Human Resources Code, or to school   investigations conducted under Section 261.406.           Sec.   261.603.     EXPUNGEMENT REVIEW PANEL; MEMBERS. (a) The   department shall establish an expungement review panel to review   requests to have a person's name removed from the central registry.           (b)     The expungement [Text truncated for display. Full text available on LegiScan.]