Tex. Fam. Code Section 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 described by Subsection (a) is completed, the department determines a child’s death or a child’s near fatality was caused by abuse or neglect, the department on request shall promptly release investigation information not prohibited from release under federal law, including the following information:

(1)

the information described by Subsection (a), if not previously released to the person requesting the information;

(2)

information on whether a child’s death or near fatality:

(A)

was determined by the department to be attributable to abuse or neglect; or

(B)

resulted in a criminal investigation or the filing of criminal charges if known at the time the investigation is completed;

(3)

for cases in which the child’s death or near fatality 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 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 any services, including family-based safety services, that were provided or offered by the department to the child or the child’s family as a result of any report under Paragraph (A) and whether the services were accepted or declined; and

(D)

the results of any risk or safety assessment completed by the department relating to the child; and

(4)

for a case in which the child’s death or near fatality occurred while the child was in substitute care with the department or with a residential child-care provider regulated under Chapter 42 (Regulation of Certain Facilities, Homes, and Agencies that Provide Child-care Services), Human Resources Code, the following information:

(A)

the date the substitute care provider with whom the child was residing at the time of death or near fatality 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)

Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(7), eff. September 1, 2015.

(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.
Added by Acts 2009, 81st Leg., R.S., Ch. 779 (S.B. 1050), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 253 (S.B. 949), Sec. 1, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(7), eff. September 1, 2015.

Source: Section 261.203 — Information Relating to Child Fatality, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­261.­htm#261.­203 (accessed Mar. 23, 2024).

261.001
Definitions
261.002
Central Registry
261.003
Application to Students in School for Deaf or School for Blind and Visually Impaired
261.004
Tracking of Recurrence of Child Abuse or Neglect Reports
261.005
Reference to Executive Commissioner or Commission
261.101
Persons Required to Report
261.102
Matters to Be Reported
261.103
Report Made to Appropriate Agency
261.104
Contents of Report
261.105
Referral of Report by Department or Law Enforcement
261.106
Immunities
261.107
False Report
261.108
Frivolous Claims Against Person Reporting
261.109
Failure to Report
261.110
Employer Retaliation Prohibited
261.111
Refusal of Psychiatric or Psychological Treatment of Child
261.201
Confidentiality and Disclosure of Information
261.202
Privileged Communication
261.203
Information Relating to Child Fatality
261.204
Annual Child Fatality Report
261.301
Investigation of Report
261.302
Conduct of Investigation
261.303
Interference with Investigation
261.304
Investigation of Anonymous Report
261.305
Access to Mental Health Records
261.306
Removal of Child from State
261.307
Information Relating to Investigation Procedure and Child Placement Resources
261.308
Submission of Investigation Report
261.309
Review of Department Investigations
261.310
Investigation Standards
261.311
Notice of Report
261.312
Review Teams
261.314
Testing
261.315
Removal of Certain Investigation Information from Records
261.316
Exemption from Fees for Medical Records
261.401
Agency Investigation
261.402
Investigative Reports
261.403
Complaints
261.404
Investigations Regarding Certain Children Receiving Services from Certain Providers
261.405
Investigations in Juvenile Justice Programs and Facilities
261.406
Investigations in Schools
261.407
Minimum Standards
261.408
Information Collection
261.409
Investigations in Facilities Under Texas Juvenile Justice Department Jurisdiction
261.410
Report of Abuse by Other Children
261.501
Filing Application for Protective Order in Certain Cases of Abuse or Neglect
261.502
Certification of Findings
261.503
Temporary Ex Parte Order
261.504
Required Findings
261.505
Application of Other Law
261.1055
Notification of District Attorneys
261.3011
Joint Investigation Guidelines and Training
261.3013
Case Closure Agreements Prohibited
261.3015
Alternative Response System
261.3016
Training of Personnel Receiving Reports of Abuse and Neglect
261.3017
Consultation with Physician Networks and Systems Regarding Certain Medical Conditions
261.3018
Abbreviated Investigation and Administrative Closure of Certain Cases
261.3021
Casework Documentation and Management
261.3022
Child Safety Check Alert List
261.3023
Law Enforcement Response to Child Safety Check Alert
261.3024
Removal from Child Safety Check Alert List
261.3027
Notice of Right to Record Interview
261.3031
Failure to Cooperate with Investigation
261.3032
Interference with Investigation
261.3071
Informational Manuals
261.3081
Notice Regarding Changes Made by Department to Investigation Report
261.3091
Notice of Right to Request Administrative Review
261.3105
Training Program for Persons Investigating Suspected Child Abuse or Neglect
261.3125
Child Safety Specialists
261.3126
Colocation of Investigators
261.30175
Mitigation of Provider Conflicts in Abuse or Neglect Investigation Consultations

Accessed:
Mar. 23, 2024

§ 261.203’s source at texas​.gov