HB0731113th GA (Historical)Introduced

Amends TCA Title 4; Title 37; Title 38 and Title 39.

Under this bill, if the department of children's services investigates an individual pursuant to the laws governing juveniles on or after July 1, 2023, and closes the case without finding probable cause to believe that a child in the individual's care was dependent and neglected, or that the individual committed a violation of the criminal code, then this bill provides the following:<br /> <br /> (1) The department must remove and destroy all records of the investigation within one year following the closure of the case; and<br /> <br /> (2) The individual may submit a written request to the department to remove and destroy all records of the investigation within one year of receipt of the written request.<br /> <br /> This bill requires the department to promulgate rules that describe the process by which the individual may make the written request under (2) above to have records removed and destroyed. If the individual follows the process, then the department is required to remove and destroy all records of the investigation within one year of receipt of the written request.<br /> <br /> However, the above provisions do not apply to records that are relevant to a separate ongoing investigation that is known to the department.<br />

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Overview

Under this bill, if the department of children's services investigates an individual pursuant to the laws governing juveniles on or after July 1, 2023, and closes the case without finding probable cause to believe that a child in the individual's care was dependent and neglected, or that the individual committed a violation of the criminal code, then this bill provides the following:<br /> <br /> (1) The department must remove and destroy all records of the investigation within one year following the closure of the case; and<br /> <br /> (2) The individual may submit a written request to the department to remove and destroy all records of the investigation within one year of receipt of the written request.<br /> <br /> This bill requires the department to promulgate rules that describe the process by which the individual may make the written request under (2) above to have records removed and destroyed. If the individual follows the process, then the department is required to remove and destroy all records of the investigation within one year of receipt of the written request.<br /> <br /> However, the above provisions do not apply to records that are relevant to a separate ongoing investigation that is known to the department.<br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 27, 2023

Subjects
076338950750

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HB0731: Amends TCA Title 4; Title 37; Title 38 and Title 39. | LegisGo