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.