Bill sets a way off the child abuse registry

The text as introduced · 1,449 words

89R3474 DNC-D

By: Birdwell
S.B. No. 1195

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for removing names from the central

registry of child abuse and neglect.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. 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:

(1) a child-care facility or family home as defined by

Section 42.002, Human Resources Code; or

(2) a public or private primary or secondary school.

Sec. 261.603. EXPUNGEMENT REVIEW PANEL; MEMBERS. (a) The

department shall establish expungement review panels to review

requests to have a person's name removed from the central registry.

(b) An expungement review panel is composed of the general

counsel of the department or the general counsel's designee, the

department's chief consumer affairs and accountability officer or

the officer's designee, and a member of the State Bar of Texas

appointed by the commissioner of the department.

(c) The department shall create and maintain a list of

volunteers from which to select a member of the State Bar of Texas

for an expungement review panel.

(d) A member of the State Bar of Texas who volunteers to

serve on an expungement review panel must be board certified in

child welfare or family law and have a history of representing

families in suits affecting the parent-child relationship in which

the department is a party to the suit. A member of the State Bar of

Texas may not serve on an expungement review panel reviewing a

request from a person if the member represented any party in a suit

involving the person that resulted in the finding of abuse or

neglect at issue in the review.

(e) The members of the expungement review panel are immune

from civil or criminal liability for any act or omission that

relates to their duty or responsibility as a member of the review

panel if they acted in good faith and within the scope of their

responsibility, as provided in Section 40.061, Human Resources

Code.

(f) Information and documents considered by an expungement

review panel are confidential, and a member of the panel may not

disclose any information or documents considered by the panel.

Sec. 261.604. REQUEST FOR REMOVAL OF NAME. (a) A person

who desires to have the person's name removed from the central

registry must submit a written request to the commissioner of the

department.

(b) A person may not make a request under this section

before the second anniversary of the date the department added the

person's name to the central registry.

(c) If an expungement review panel denies a request under

this section after a hearing, the person may not submit a subsequent

request until the first anniversary of the date the review panel

rendered a decision on the person's most recent request.

(d) A person may not make a request under this section for

more than three hearings on a single finding of child abuse or

neglect within a 10-year period.

(e) A person who has been determined by the department to

have engaged in child abuse or neglect is not eligible for a review

under this subchapter if:

(1) the incident of abuse or neglect resulted in a

child fatality or near fatality;

(2) a court ordered termination of the parent-child

relationship as a result of the abuse or neglect; or

(3) following the date of the department's

determination, the department makes another substantiated finding

of abuse or neglect by the person or the person was convicted or

placed on deferred adjudication community supervision for an

offense involving child abuse or neglect.

Sec. 261.605. HEARING DATE AND NOTICE; LIMITATION. (a) On

receipt of a request under Section 261.604(a), the commissioner of

the department shall establish an expungement review panel under

Section 261.603 and notify the panel of the request. The review

panel shall set a date for a hearing on the request. The review

panel shall hold the hearing not later than the 60th day after the

date the commissioner of the department receives the request.

(b) Not later than the 15th day before the hearing, the

expungement review panel shall send written notice of the hearing

to the requestor. The notice must include:

(1) the date, time, and location of the hearing; and

(2) the regional office that conducted the original

investigation that resulted in the finding of abuse or neglect.

(c) An expungement review panel may conduct a hearing by

telephone conference call, videoconference, or another similar

telecommunications method if the panel determines that the method

of appearance will facilitate the hearing.

Sec. 261.606. REVIEW HEARING. (a) At the hearing, the

person requesting the review has the right to be represented by

legal counsel.

(b) The person requesting the review has the burden of

providing the expungement review panel with the basis for granting

the request and may present evidence supporting removal of the

person's name from the central registry.

(c) The regional office of the department that conducted the

original investigation may:

(1) present evidence in support of or in opposition to

the request; and

(2) make a recommendation regarding the request.

Sec. 261.607. EXPUNGEMENT REVIEW PANEL'S DECISION. (a)

The panel shall render a written decision on the request that

includes the review panel's reasons for the decision not later than

the 30th day after the date of the hearing. The review panel's

decision must be by majority vote.

(b) Not later than the 45th day after the date of the

hearing, the expungement review panel shall provide the written

decision to the person requesting the review and to the

department's commissioner, deputy commissioner, chief of staff,

and associate commissioner for child protective investigations.

(c) The expungement review panel shall consider the

following factors in making its decision:

(1) the department's findings regarding the nature and

severity of the incident of abuse or neglect and the circumstances

surrounding the incident;

(2) the number of findings of abuse or neglect

involving the person;

(3) the person's age at the time of the incident, and

whether the person was a child at the time of the incident;

(4) whether the circumstances that contributed to the

incident of abuse or neglect still exist;

(5) actions taken by the person since the incident to

prevent the reoccurrence of abuse or neglect, including

participation in and completion of services and programs related to

the allegations;

(6) evidence that:

(A) the person no longer poses a similar risk;

and

(B) continued listing of the person's name in the

central registry would not serve a significant public purpose; and

(7) any other relevant information that shows that the

person no longer poses a risk to the safety and well-being of the

alleged victim, other children, and vulnerable adults.

(d) If the expungement review panel grants a person's

request for removal from the central registry, the department

shall, not later than the 10th day after rendering the decision,

remove the person's name from the central registry and update any

relevant department files to reflect the removal and the reasons

for removal given in the decision.

Sec. 261.608. AUTOMATIC REMOVAL. (a) The department shall

remove a person's name and related information from the central

registry if more than 18 years have passed since the department's

last finding of abuse or neglect against the person, unless any

finding of abuse or neglect against the person involved aggravated

circumstances described by Section 262.2015(b).

(b) The department shall remove a person's name and related

information from the central registry if:

(1) the person was a minor at the time of the incident

that resulted in the finding of abuse or neglect against the person;

(2) more than two years have passed since the

department's last finding of abuse or neglect against the person;

and

(3) the incident that resulted in the finding of abuse

or neglect against the person did not involve sexual abuse,

fatality, or near fatality.

Sec. 261.609. CONFIDENTIALITY. The review conducted under

this subchapter and any records or documents related to the review

are confidential and not subject to disclosure under Chapter 552,

Government Code.

Sec. 261.610. RULEMAKING. The commissioner of the

department shall adopt rules necessary to implement this

subchapter, including rules to ensure substantial compliance with

this subchapter.

SECTION 2. This Act takes effect September 1, 2025.