| |
| |
| |
|
|
AN ACT
|
|
|
relating to the release of certain information relating to child |
|
|
fatalities resulting from abuse or neglect. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subsection (a), Section 261.201, Family Code, is |
|
|
amended to read as follows: |
|
|
(a) Except as provided by Section 261.203, the [The] |
|
|
following information is confidential, is not subject to public |
|
|
release under Chapter 552, Government Code, and may be disclosed |
|
|
only for purposes consistent with this code and applicable federal |
|
|
or state law or under rules adopted by an investigating agency: |
|
|
(1) a report of alleged or suspected abuse or neglect |
|
|
made under this chapter and the identity of the person making the |
|
|
report; and |
|
|
(2) except as otherwise provided in this section, the |
|
|
files, reports, records, communications, audiotapes, videotapes, |
|
|
and working papers used or developed in an investigation under this |
|
|
chapter or in providing services as a result of an investigation. |
|
|
SECTION 2. Subchapter C, Chapter 261, Family Code, is |
|
|
amended by adding Section 261.203 to read as follows: |
|
|
Sec. 261.203. INFORMATION RELATING TO CHILD FATALITY. |
|
|
(a) Not later than the fifth day after the date the department |
|
|
receives a request for information about a child fatality with |
|
|
respect to which the department is conducting an investigation of |
|
|
alleged abuse or neglect, the department shall release: |
|
|
(1) the age and sex of the child; |
|
|
(2) the date of death; |
|
|
(3) whether the state was the managing conservator of |
|
|
the child at the time of the child's death; and |
|
|
(4) whether the child resided with the child's parent, |
|
|
managing conservator, guardian, or other person entitled to |
|
|
possession of the child at the time of the child's death. |
|
|
(b) If, after a child abuse or neglect investigation is |
|
|
completed, the department determines a child's death was caused by |
|
|
abuse or neglect, the department shall promptly release the |
|
|
following information on request: |
|
|
(1) the information described by Subsection (a), if |
|
|
not previously released to the person requesting the information; |
|
|
(2) for cases in which the child's death occurred while |
|
|
the child was living with the child's parent, managing conservator, |
|
|
guardian, or other person entitled to possession of the child: |
|
|
(A) a summary of any previous reports of abuse or |
|
|
neglect of the deceased child or another child made while the child |
|
|
was living with that parent, managing conservator, guardian, or |
|
|
other person entitled to possession of the child; |
|
|
(B) the disposition of any report under Paragraph |
|
|
(A); |
|
|
(C) a description of the services, if any, that |
|
|
were provided by the department to the child or the child's family |
|
|
as a result of any report under Paragraph (A); and |
|
|
(D) the results of any risk or safety assessment |
|
|
completed by the department relating to the deceased child; and |
|
|
(3) for a case in which the child's death occurred |
|
|
while the child was in substitute care with the department or with a |
|
|
residential child-care provider regulated under Chapter 42, Human |
|
|
Resources Code, the following information: |
|
|
(A) the date the substitute care provider with |
|
|
whom the child was residing at the time of death was licensed or |
|
|
verified; |
|
|
(B) a summary of any previous reports of abuse or |
|
|
neglect investigated by the department relating to the substitute |
|
|
care provider, including the disposition of any investigation |
|
|
resulting from a report; |
|
|
(C) any reported licensing violations, including |
|
|
notice of any action taken by the department regarding a violation; |
|
|
and |
|
|
(D) records of any training completed by the |
|
|
substitute care provider while the child was placed with the |
|
|
provider. |
|
|
(c) If the department is unable to release the information |
|
|
required by Subsection (b) before the 11th day after the date the |
|
|
department receives a request for the information or the date the |
|
|
investigation of the child fatality is completed, whichever is |
|
|
later, the department shall inform the person requesting the |
|
|
information of the date the department will release the |
|
|
information. |
|
|
(d) After receiving a request for information required by |
|
|
Subsection (b), the department shall notify and provide a copy of |
|
|
the request to the attorney ad litem for the deceased child, if any. |
|
|
(e) Before the department releases any information under |
|
|
Subsection (b), the department shall redact from the records any |
|
|
information the release of which would: |
|
|
(1) identify: |
|
|
(A) the individual who reported the abuse or |
|
|
neglect; or |
|
|
(B) any other individual other than the deceased |
|
|
child or an alleged perpetrator of the abuse or neglect; |
|
|
(2) jeopardize an ongoing criminal investigation or |
|
|
prosecution; |
|
|
(3) endanger the life or safety of any individual; or |
|
|
(4) violate other state or federal law. |
|
|
(f) The executive commissioner of the Health and Human |
|
|
Services Commission shall adopt rules to implement this section. |
|
|
SECTION 3. Section 261.203, Family Code, as added by this |
|
|
Act, applies only to information relating to a child fatality that |
|
|
occurs on or after the effective date of this Act. Information |
|
|
relating to a child fatality that occurred before the effective |
|
|
date of this Act is governed by the law as it existed on the date the |
|
|
child fatality occurred, and the former law is continued in effect |
|
|
for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2009. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 1050 passed the Senate on |
|
|
May 5, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 1050 passed the House on |
|
|
May 27, 2009, by the following vote: Yeas 146, Nays 2, one |
|
|
present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |