85R11872 TYPED By: Klick H.B. No. 4100 A BILL TO BE ENTITLED AN ACT relating to certain procedures regarding addition or removal of names from the central registry 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 adding Subsection (a-1) to read as follows: (a-1) The department shall immediately remove from the central registry the name of an individual placed in the registry with respect to a child if: (1) the department determines, after contacting a professional or other credible source, that the child's safety can be assured without further investigation, response, services, or assistance and administratively closes the case alleging the individual's abuse or neglect of the child; (2) the department makes a formal determination that the individual did not abuse or neglect the child; (3) after an administrative review conducted under Section 261.309(c), the department alters or reverses the department's original determination in the investigation and determines that the individual did not abuse or neglect the child; or (4) a court does not make the findings required under Chapter 262 for the department to be appointed temporary or permanent managing conservator of the child and the court's ruling is not overturned on appeal. SECTION 2. 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 must include procedural protections for individuals found by the department to have abused or neglected a child. 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; and (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. (d) Before the department may add to the central registry the name of an individual found by the department to have abused or neglected a child, the department must provide to the individual: (1) written notice that the individual's name and information regarding the reported case of abuse or neglect will be added to the registry; (2) a copy of the information that will be added to the registry; and (3) information regarding the opportunity to appeal the department's finding of abuse or neglect as provided by Subsection (e). (e) An individual who is found by the department to have abused or neglected a child may appeal the department's finding by requesting a hearing conducted by the State Office of Administrative Hearings solely on the issue of whether the individual's name should be added to the central registry. The hearing must be conducted at the State Office of Administrative Hearings site that is closest in proximity to the individual's county of residence unless all parties to the hearing agree to a different location. An appeal under this subsection is a contested case under Chapter 2001, Government Code. (f) The department may not include an individual's name in central registry if the department's finding of abuse or neglect is not sustained by an administrative law judge following a hearing under this section. SECTION 3. The changes in law made by this Act in Section 1 apply only to a finding that an individual abused or neglected a child made by the Department of Family and Protective Services on or after the effective date of this Act. A finding made by the department 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 4. This Act takes effect September 1, 2017.