Texas HB 2849 (2017): Removing Names From the CPS Central Registry

This bill is law. It took effect September 1, 2017.

The short answer

HB 2849 deals with what happens after a CPS finding against a person is overturned. It requires rules that make DFPS take the person's name off the child abuse and neglect central registry within 10 business days after DFPS gets notice of the reversal. DFPS must also update its other files within 10 business days of the reversal.

What it changes

What the central registry is. The central registry is DFPS's list of the names of people DFPS found to have abused or neglected a child. The Senate Research Center's analysis (of the House-passed version) says the bill grew out of concern that a person whose finding is overturned may still carry the stigma of having their name and case records in DFPS files.

New rules for removing a name. HB 2849 amends Family Code Section 261.002(b). That subsection already required the executive commissioner of the Health and Human Services Commission to adopt rules for the central registry. HB 2849 adds that the rules must require DFPS to remove a person's name from the registry no later than the 10th business day after DFPS receives notice that the abuse or neglect finding was overturned.

Which reversals count. The rule covers a finding overturned in any of these:

• an administrative review, or an appeal of that review, under Family Code §261.309(c);
• a review, or an appeal of that review, by DFPS's office of consumer affairs; or
• a hearing or an appeal conducted by the State Office of Administrative Hearings.

Updating other files. The rules must also require DFPS to update any relevant DFPS files to show the overturned finding. This must happen no later than the 10th business day after the finding is overturned.

Older rules in the same subsection. Section 261.002(b) also keeps two earlier rules. DFPS may not make a finding of abuse or neglect against a person only because DFPS was named managing conservator of a child with a severe emotional disturbance when the family could not get mental health services for the child. And the rules must set guidelines for reviewing and removing registry records in those cases.

How a review starts. HB 2849 does not create a new review. It relies on the reviews that already exist. Under Tex. Fam. Code §261.309(c), a person who disputes DFPS's decision about whether abuse or neglect happened may ask for an administrative review of the findings. The review must sustain (keep), alter, or reverse the original findings. To learn how to ask for one, see How to Ask for an ARIF (Administrative Review of CPS Findings) in Texas.

Which laws it affects

• Family Code §261.002(b): the rules for the central registry. HB 2849 adds subdivisions (3) and (4) on removing names and updating files.
• Tex. Fam. Code §261.309: the administrative review that HB 2849 refers to. HB 2849 does not change this section.

Related

• CPS Investigation Findings in Texas: Reason to Believe, Ruled Out and More
• How to Ask for an ARIF (Administrative Review of CPS Findings) in Texas
• How to Get Your CPS Case Records in Texas
• Texas HB 135 (2021): CPS Must Tell You About Recording and Review Rights: the 2021 law requiring DFPS to tell alleged perpetrators, before an interview, that they can ask for an administrative review
• Texas SB 1141 (2025): Court Must Confirm CPS Gave Rights Notices: the 2025 law making the court confirm that notice was given