Hall Registry Bill Puts Expiration Dates On Child Abuse Listings

The text as introduced · 2,750 words

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 review panel is composed of department

employees and a representative of the public appointed by the

commissioner. The public member of the review panel serves a

two-year term and may serve for not more than three terms.

(c) A person may not serve as a public member of the

expungement review panel if the person:

(1) has been convicted of or indicted for an offense

involving child abuse or neglect;

(2) has been determined by the department to have

engaged in child abuse or neglect; or

(3) is under investigation by the department for child

abuse or neglect.

(d) The public member of the expungement review panel is a

department volunteer for the purposes of Section 411.114,

Government Code.

(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.

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

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

registry shall submit a written request to the commissioner that

includes a letter describing the reason for the request.

(b) Only the following persons may make a request to have

their name removed from the central registry as provided by this

subchapter:

(1) a parent, guardian, or managing or possessory

conservator of the child;

(2) a member of the child's family or household as

defined by Chapter 71; and

(3) a person with whom the child's parent cohabits.

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

before the third anniversary of the date the department made its

most recent finding of child abuse or neglect.

(d) If the 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 last request.

(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 and neglect by the person or the person had a criminal

adjudication for an offense involving child abuse or neglect.

(f) A person found under Subsection (e)(3) to be ineligible

for a review under this subchapter may make another request under

this section after the period described in Subsection (c).

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

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

shall notify the expungement review 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 receives the request, unless the

panel has good cause for holding the hearing after that date.

(b) The expungement review panel shall send written notice

of the date, time, and location of the hearing to the requestor and

the regional office that conducted the original investigation.

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

person requesting the review may present evidence supporting

removal of the person's name from the central registry. The person

has the burden of providing the expungement review panel with the

basis for granting the request and may present evidence including:

(1) completion of treatment services or programs

related to the finding;

(2) letters of support from professionals or others;

(3) evidence of activities that would reflect upon the

person's changed behavior or circumstances such as therapy,

employment, or education; and

(4) any other relevant evidence that shows changed

circumstances.

(b) 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)

Not later than the 45th day after the date of the hearing, the

expungement review panel shall render a written decision on the

request that includes the review panel's reasons for the decision.

The review panel's decision must be by majority vote.

(b) 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 nature and severity of the allegations of

abuse or neglect and the circumstances surrounding the allegations;

(2) the number of findings of abuse or neglect

involving the person;

(3) whether the person was a child at the time the

finding of abuse or neglect was made and the person's age 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; and

(6) 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.

Sec. 261.608. LIMIT ON NUMBER OF REVIEW HEARINGS. A person

may not have more than four hearings under this subchapter.

Sec. 261.609. CONFIDENTIALITY. A review conducted under

this subchapter, including documents presented to and considered by

the expungement review panel, is confidential and not subject to

disclosure under Chapter 552, Government Code.

Sec. 261.610. RULEMAKING. The commissioner may adopt rules

to implement this subchapter.

SECTION 6. Section 261.3082, Family Code, as added by this

Act, applies only to a finding of abuse or neglect made by the

Department of Family and Protective Services on or after the

effective date of this Act.

SECTION 7. 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, 2025.