SB1162 —

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This bill amends the Texas statutes.

• 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. 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 the general counsel of the department, the department's chief accountability and internal affairs officer, and a member of the State Bar of Texas who specializes in defending individuals accused of child abuse or neglect appointed by the commissioner. The member of the State Bar of Texas shall serve a two-year term and may serve for not more than three terms. (c) 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. 261.603. REQUEST FOR REMOVAL OF NAME. (a) A person who desires to have the person's name removed from the central registry must submit a written request to the commissioner. (b) A person may not make a request under this section before the second anniversary of the date the department added the person's name to the central registry. (c) 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 most recent request. Sec. 261.604. HEARING DATE AND NOTICE; LIMITATION. (a) On receipt of a request under Section 261.603(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. (b) Not later than the 15th day before the hearing, the expungement review panel shall send written notice of the hearing to the requestor. The notice must include: (1) the date, time, and location of the hearing; and (2) the regional office that conducted the original investigation that resulted in the finding of abuse or neglect. Sec. 261.605. REVIEW HEARING. (a) At the hearing, the person requesting the review has the right to be represented by legal counsel. (b) The person requesting the review has the burden of providing the expungement review panel with the basis for granting the request and may present evidence supporting removal of the person's name from the central registry. (c) 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. 261.606. EXPUNGEMENT REVIEW PANEL'S DECISION. (a) The panel shall render a written decision on the request that includes the review panel's reasons for the decision not later than the 30th day after the date of the hearing. The review panel's decision must be by majority vote. (b) Not later than the 45th day after the date of the hearing, 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 department's findings regarding the nature and severity of the incident of abuse or neglect and the circumstances surrounding the incident; (2) the number of findings of abuse or neglect involving the person; (3) the person's age at t

  amended

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