Bill Text: TX SB1472 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the central registry of names of individuals found to have abused or neglected a child.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-16 - Referred to Education [SB1472 Detail]
Download: Texas-2023-SB1472-Introduced.html
88R10126 MLH-F | ||
By: Bettencourt | S.B. No. 1472 |
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relating to the central registry of names of individuals found to | ||
have abused or neglected a child. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 261.002, Family Code, is amended by | ||
amending Subsection (b) and adding Subsections (d), (e), and (f) to | ||
read as follows: | ||
(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; [ |
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(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); and | ||
(5) establish guidelines for providing access to the | ||
registry to entities as required by Subsection (d). | ||
(d) The department shall provide access to the central | ||
registry maintained under this section to: | ||
(1) a facility, home, or agency: | ||
(A) licensed, certified, registered, or listed | ||
under Chapter 42, Human Resources Code; or | ||
(B) exempt from the licensing requirements under | ||
Section 42.041(b), Human Resources Code; | ||
(2) an independent school district; | ||
(3) an open-enrollment charter school; and | ||
(4) a private school accredited by an organization | ||
recognized by: | ||
(A) the Texas Education Agency; or | ||
(B) the Texas Private School Accreditation | ||
Commission. | ||
(e) A state agency that maintains records of abuse and | ||
neglect findings, including the Texas Education Agency, shall: | ||
(1) provide a copy of the records to the department; | ||
and | ||
(2) not later than the 10th day after the date a state | ||
agency receives a record of an abuse or neglect finding, provide a | ||
copy of the record to the department. | ||
(f) The department shall include information from a record | ||
provided under Subsection (e) in the central registry under this | ||
section. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |