By: Hall  S.B. No. 515          (In the Senate - Filed January 20, 2023; February 17, 2023,   read first time and referred to Committee on Health & Human   Services; April 11, 2023, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 8, Nays 0;   April 11, 2023, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 515 By:  Hancock     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 261.3081 to read as follows:          Sec. 261.3081.  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 261.3081, 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, 2023.     * * * * *