SB1196 - Relating to the procedures and notice required before an individual's name is added to the central child abuse or neglect registry.

  89R3472 DNC-F     By: Birdwell S.B. No. 1196       A BILL TO BE ENTITLED   AN ACT   relating to the procedures and notice 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   amending Subsections (a) and (b) and adding Subsections (a-1),   (a-2), (b-1), (e), and (f) to read as follows:          (a)  The department shall establish and maintain a central   registry of the names of individuals found [ by the department ] to   have abused or neglected a child.           (a-1)     Except as provided by Subsection (a-2), the   department may not add the name of an individual to the central   registry maintained under this section unless a final order issued   by the State Office of Administrative Hearings after an   administrative hearing or by a court in a civil proceeding,   including a proceeding under Subchapter C or F, Chapter 262, or   Section 264.203, includes a finding that the individual abused or   neglected a child.           (a-2)     The department may add an individual's name to the   central registry maintained under this section without a final   order that includes a finding that the individual abused or   neglected a child if the department determines that:                 (1)     the individual abandoned the child without   identification or a means for identifying the child;                 (2)     a child of the individual is a victim of serious   bodily injury or sexual abuse inflicted by the individual or by   another person with the individual's consent;                 (3)     the individual has engaged in conduct against a   child that would constitute an offense under the following   provisions of the Penal Code:                       (A)  Section 19.02 (murder);                       (B)  Section 19.03 (capital murder);                       (C)  Section 19.04 (manslaughter);                       (D)     Section 20A.02(a)(7) or (8) (trafficking of   persons);                       (E)     Section 21.02 (continuous sexual abuse of   young child or disabled individual);                       (F)  Section 21.11 (indecency with a child);                       (G)  Section 22.011 (sexual assault);                       (H)  Section 22.02 (aggravated assault);                       (I)  Section 22.021 (aggravated sexual assault);                       (J)     Section 22.04 (injury to a child, elderly   individual, or disabled individual);                       (K)     Section 22.041 (abandoning or endangering   child);                       (L)  Section 25.02 (prohibited sexual conduct);                       (M)     Section 43.05(a)(2) (compelling   prostitution);                       (N)     Section 43.25 (sexual performance by a   child); or                       (O)     Section 43.26 (possession or promotion of   child pornography);                 (4)     the individual voluntarily left the child alone or   in the possession of another person not the parent of the child for   at least six months without expressing an intent to return and   without providing adequate support for the child;                 (5)  the individual has been convicted for:                       (A)     the murder of another child and the offense   would have been an offense under 18 U.S.C. Section 1111(a) if the   offense had occurred in the special maritime or territorial   jurisdiction of the United States;                       (B)     the voluntary manslaughter of another child   and the offense would have been an offense under 18 U.S.C. Section   1112(a) if the offense had occurred in the special maritime or   territorial jurisdiction of the United States;                       (C)     aiding or abetting, attempting, conspiring,   or soliciting an offense under Paragraph (A) or (B); or                       (D)     the felony assault of a child that resulted   in serious bodily injury to the child or another child of the   parent; or                 (6)     the individual is required under any state or   federal law to register with a sex offender registry.          (b)  The department may not find that an individual abused or   neglected a child [ 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 . The department shall [ ;                [ (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 .           (b-1)  The department shall: [ ; ]                 (1)   [ (3) require the department to ] remove an   individual's [ 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 individual [ person ] is overturned in:                      (A)  an administrative review of the department's   determination or an appeal of the review conducted under Section   261.309(c);                      (B)  a review of the department's determination or   an appeal of the review conducted by the office of consumer affairs   of the department under department rules ; [ or ]                      (C)  a hearing or an appeal conducted by the State   Office of Administrative Hearings;                       (D)     an internal department review of the   department's determination conducted under Section 261.0023 while   an administrative hearing is pending; or                       (E)     an order by a county court at law, an   associate judge under Section 201.201, a district court, a court of   appeals, or the supreme court;  and                 (2)   [ (4) require the department to ] update any   relevant department files to reflect an overturned finding of abuse   or neglect against an individual [ 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 (1) [ (3) ].           (e)     This section does not limit the ability of the Health   and Human Services Commission to access the department's records of   reports of child abuse or neglect to conduct a background check   under Section 42.056, Human Resources Code, or commission rules.           (f)     The commissioner shall adopt rules necessary to carry   out this section, including rules to ensure substantial compliance   with this section.          SECTION 2.  Subchapter A, Chapter 261, Family Code, is   amended by adding Sections 261.0021, 261.0022, and 261.0023 to read   as follows:           Sec.   261.0021.     NOTICE BEFORE NAME OF INDIVIDUAL ADDED TO   CENTRAL REGISTRY.   (a)   If the department determines that an   individual has abused or neglected a child, the department shall,   not later than the 10th day after the date the determination is   made, provide written notice to the individual of the department's   prospective addition of the individual's name to the central   registry maintained under Section 261.002.   The notice must   include:                 (1)     a clear statement describing the purposes and   scope of the registry;                 (2)     an explanation of the consequences of being listed   in the registry, including any possible negative impact on the   individual's ability to:                       (A)  obtain employment or certain licenses; and                       (B)     have future contact with children, including   any limitation on volunteering or involvement in school activities;   and                 (3)     information regarding the individual's right to   challenge inclusion of the individual's name in the registry,   including the procedures for challenging inclusion of the   individual's name in the registry through:                       (A)     an administrative review of the department's   determination or an appeal of the review conducted under Section   261.309(c);                       (B)     a review of the department's determination or   an appeal of the review conducted by the office of consumer affairs   of the department under department rules;                       (C)     a hearing or an appeal conducted by the State   Office of Administrative Hearings;                       (D)     an internal department review of the   department's determination conducted under Section 261.0023 while   an administrative hearing is pending; or                       (E)     an order by a county court at law, an   associate judge under Section 201.201, a district court, a court of   appeals, or the supreme court.           (b)     The department may not add an individual's name to the   central registry:                 (1)     before t [Text truncated for display. 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