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AN ACT
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relating to the release of certain child fatality and near-fatality |
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information for abused or neglected children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.203(b), Family Code, is amended to |
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read as follows: |
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(b) If, after a child abuse or neglect investigation |
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described by Subsection (a) is completed, the department determines |
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a child's death or a child's near fatality was caused by abuse or |
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neglect, the department on request shall promptly release |
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investigation information not prohibited from release under |
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federal law, including the following information [on request]: |
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(1) the information described by Subsection (a), if |
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not previously released to the person requesting the information; |
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(2) information on whether a child's death or near |
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fatality: |
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(A) was determined by the department to be |
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attributable to abuse or neglect; or |
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(B) resulted in a criminal investigation or the |
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filing of criminal charges if known at the time the investigation is |
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completed; |
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(3) for cases in which the child's death or near |
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fatality occurred while the child was living with the child's |
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parent, managing conservator, guardian, or other person entitled to |
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possession of the child: |
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(A) a summary of any previous reports of abuse or |
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neglect of the [deceased] child or another child made while the |
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child was living with that parent, managing conservator, guardian, |
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or other person entitled to possession of the child; |
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(B) the disposition of any report under Paragraph |
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(A); |
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(C) a description of any [the] services, |
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including family-based safety services [if any], that were provided |
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or offered by the department to the child or the child's family as a |
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result of any report under Paragraph (A) and whether the services |
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were accepted or declined; and |
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(D) the results of any risk or safety assessment |
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completed by the department relating to the [deceased] child; and |
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(4) [(3)] for a case in which the child's death or near |
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fatality occurred while the child was in substitute care with the |
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department or with a residential child-care provider regulated |
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under Chapter 42, Human Resources Code, the following information: |
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(A) the date the substitute care provider with |
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whom the child was residing at the time of death or near fatality |
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was licensed or verified; |
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(B) a summary of any previous reports of abuse or |
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neglect investigated by the department relating to the substitute |
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care provider, including the disposition of any investigation |
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resulting from a report; |
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(C) any reported licensing violations, including |
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notice of any action taken by the department regarding a violation; |
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and |
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(D) records of any training completed by the |
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substitute care provider while the child was placed with the |
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provider. |
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SECTION 2. Subchapter C, Chapter 261, Family Code, is |
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amended by adding Section 261.204 to read as follows: |
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Sec. 261.204. ANNUAL CHILD FATALITY REPORT. (a) The |
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department shall publish an annual aggregated report using |
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information compiled from each child fatality investigation for |
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which the department made a finding regarding abuse or neglect, |
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including cases in which the department determined the fatality was |
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not the result of abuse or neglect. The report must protect the |
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identity of individuals involved and contain the following |
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information: |
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(1) the age and sex of the child and the county in |
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which the fatality occurred; |
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(2) whether the state was the managing conservator of |
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the child or whether the child resided with the child's parent, |
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managing conservator, guardian, or other person entitled to the |
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possession of the child at the time of the fatality; |
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(3) the relationship to the child of the individual |
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alleged to have abused or neglected the child, if any; |
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(4) the number of any department abuse or neglect |
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investigations involving the child or the individual alleged to |
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have abused or neglected the child during the two years preceding |
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the date of the fatality and the results of the investigations; |
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(5) whether the department offered family-based |
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safety services or conservatorship services to the child or family; |
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(6) the types of abuse and neglect alleged in the |
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reported investigations, if any; and |
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(7) any trends identified in the investigations |
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contained in the report. |
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(b) The report published under Subsection (a) must: |
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(1) accurately represent all abuse-related and |
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neglect-related child fatalities in this state, including child |
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fatalities investigated under Subchapter F, Chapter 264, and other |
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child fatalities investigated by the department; and |
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(2) aggregate the fatalities by investigative |
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findings and case disposition, including the following |
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dispositions: |
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(A) abuse and neglect ruled out; |
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(B) unable to determine cause of death; |
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(C) reason to believe abuse or neglect occurred; |
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(D) reason to believe abuse or neglect |
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contributed to child's death; |
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(E) unable to complete review; and |
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(F) administrative closure. |
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(c) The department may release additional information in |
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the annual report if the release of the information is not |
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prohibited by state or federal law. |
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(d) The department shall post the annual report on the |
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department's Internet website and otherwise make the report |
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available to the public. |
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(e) The executive commissioner of the Health and Human |
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Services Commission may adopt rules to implement this section. |
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(f) At least once every 10 years, the department shall use |
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the information reported under this section to provide guidance for |
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possible department policy changes. |
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SECTION 3. Section 261.203(b), Family Code, as amended by |
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this Act, applies only to a child fatality or near fatality that |
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occurs on or after the effective date of this Act. |
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SECTION 4. Not later than March 1, 2016, the Department of |
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Family and Protective Services shall publish on its Internet |
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website the initial report required by Section 261.204, Family |
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Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 949 passed the Senate on |
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April 14, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 949 passed the House on |
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May 19, 2015, by the following vote: Yeas 146, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |