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 the 31st day after the date the department   provides notice to the individual under this section;                (2)  if the individual requests a hearing under Section   261.0022, before the conclusion of the hearing process; or                (3)  if the department's determination that the   individual abused or neglected a child is overturned by a process   available to the individual and listed under Subsection (a)(3).          Sec. 261.0022.  HEARING CONDUCTED BY STATE OFFICE OF   ADMINISTRATIVE HEARINGS. (a)  Not later than the 30th day after the   date an individual receives notice under Section 261.0021, the   individual may request a hearing with the State Office of   Administrative Hearings to review the finding of abuse and neglect.          (b)  If an individual requests a hearing under this section,   the department shall refer the individual's case to the State   Office of Administrative Hearings to hold the hearing.          (c)  An administrative law judge of the State Office of   Administrative Hearings shall:                (1)  conduct a hearing for a request under this section   in accordance with Chapter 2001, Government Code;                (2)  make findings of fact and conclusions of law; and                (3)  issue an order containing a final decision   regarding the abuse and neglect findings.          (d)  Notice of the administrative law judge's order given to   the individual under Chapter 2001, Government Code, must include a   statement of the individual's right to judicial review of the   order.          (e)  Not later than the 10th day after the date an order by an   administrative law judge affirming the department's determination   becomes final under Section 2001.144, Government Code, the   department shall add the individual's name to the central registry.          (f)  If the individual seeks judicial review of the   administrative law judge's order, the order remains in effect   during the pendency of that appeal.          (g)  An individual may not receive a hearing under this   section if the finding of abuse or neglect by the individual is   made:                (1)  under Section 262.201, 262.406, or 264.203; or                (2)  by a district or appellate court.          Sec. 261.0023.  INTERNAL DEPARTMENT REVIEW. (a)  If an   individual requests a hearing under Section 261.0022, the   department shall conduct an internal department review of the   findings while the administrative hearing is pending.          (b)  The department by rule shall establish a process for   conducting an internal department review of a finding of abuse or   neglect of a child before the date of the administrative hearing.           (c)  If the department determines in an internal department   review that the evidence does not support a finding of abuse or   neglect by a preponderance of the evidence, not later than the 10th   day after the date the department makes the determination the   department:                (1)  shall notify the individual of the results of the   review;                (2)  shall remove the case from the State Office of   Administrative Hearings docket; and                (3)  may not add the individual's name to the central   registry.          (d)  If the department determines in an internal department   review that the evidence supports a finding of abuse or neglect by a   preponderance of the evidence, the department shall, not later than   the 10th day after making the determination, notify the individual   of the results of the review and that the individual's case will   remain on the State Office of Administrative Hearings docket.          (e)  Information and materials used or referred to in an   internal department review under this section, including case   records or other documents, are confidential and not subject to   disclosure under Chapter 552, Government Code.          SECTION 3.  Section 261.005, Family Code, is amended to read   as follows:          Sec. 261.005.  REFERENCE TO EXECUTIVE COMMISSIONER OR   COMMISSION.  (a) Unless otherwise provided by a provision of this   chapter, in this chapter:                (1)  a reference to the executive commissioner or the   executive commissioner of the Health and Human Services Commission   means the commissioner of the department; and                (2)  a reference to the Health and Human Services   Commission means the department.          (b)  This section does not apply to Section 261.002(e).          SECTION 4.  Section 262.201, Family Code, is amended by   adding Subsection (h-1) to read as follows:          (h-1)  A temporary order issued under Subsection (h) must   include, with regard to each parent, managing conservator,   possessory conservator, guardian, caretaker, or custodian entitled   to possession of the child, a determination by a preponderance of   the evidence:                (1)  whether that individual engaged in conduct that   would constitute abuse or neglect under Section 261.001; and                (2)  for an individual determined by the court to have   engaged in conduct that constitutes child abuse or neglect, a   finding listing the specific provisions of Section 261.001   applicable to the individual's conduct.          SECTION 5.  Section 262.406, Family Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  Except as provided by Subsection (d), at the conclusion   of the hearing in a suit filed under Section 262.404, the court   shall order the department to provide family preservation services   and to execute a family preservation services plan developed in   collaboration with the family of the child who is a candidate for   foster care if the court finds sufficient evidence to satisfy a   person of ordinary prudence and caution that:                (1)  as to each parent, managing conservator, guardian,   or other member of the child's household:                      (A)  the individual engaged in conduct that would   constitute abuse or neglect under Section 261.001;                      (B)  the individual's acts or omissions present an   immediate risk of abuse or neglect to the child; or                      (C)  [occurred or] there is a [substantial risk of   abuse or neglect or] continuing danger to the child's physical   health or safety caused by an act or failure to act of the   individual [parent, managing conservator, guardian, or other   member of the child's household];                (2)  family preservation services are necessary to   ensure the child's physical health or safety; and                (3)  family preservation services are appropriate   based on the child's safety risk assessment and the child's family   assessment.          (a-1)  If the court makes a finding under Subsection   (a)(1)(A), the court shall identify the specific parts of Section   261.001 that apply to the parent's, managing conservator's,   guardian's, or other member of the child's household's conduct.          SECTION 6.  Section 264.203, Family Code, is amended by   amending Subsection (m) and adding Subsection (m-1) to read as   follows:          (m)  At the conclusion of the hearing, the court shall deny   the petition unless the court finds sufficient evidence to satisfy   a person of ordinary prudence and caution that:                (1)  as to each parent, managing conservator, guardian,   or other member of the child's household:                      (A)  the individual engaged in conduct that would   constitute abuse or neglect under Section 261.001;                      (B)  the individual's acts or omissions present an   immediate risk of abuse or neglect to the child; or                      (C)  [has occurred or] there is a [substantial   risk of abuse or neglect or] continuing danger to the physical   health or safety of the child caused by an act or failure to act of   the individual [parent, managing conservator, guardian, or other   member of the child's household]; and                (2)  services are necessary to ensure the physical   health or safety of the child.          (m-1)  If the court makes a finding under Subsection   (m)(1)(A), the court shall identify the specific parts of Section   261.001 that apply to the parent's, managing conservator's,   guardian's, or other member of the child's household's conduct.          SECTION 7.  (a) The commissioner of the Department of Family   and Protective Services shall adopt the rules necessary to   implement the changes in law made by this Act.          (b)  The changes in law made by this Act apply only to a   finding that an individual abused or neglected a child made on or   after the effective date of this Act. A finding made before that   date is governed by the law in effect on the date the finding was   made, and the former law is continued in effect for that purpose.          SECTION 8.  This Act takes effect September 1, 2025.