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House Bill 877 |
House Author: Talton |
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Effective: 9-1-05 |
Senate Sponsor: Madla |
House Bill 877 amends the Human Resources Code to require the executive commissioner of the Health and Human Services Commission to adopt rules relating to anonymous complaints made regarding child-care facilities and family homes to limit the number of complaints investigated by the Department of Family and Protective Services. The bill requires the executive commissioner to adopt rules relating to a procedure for removing from the department's website certain information regarding a complaint against a facility or home if on investigation the information is determined to be false or to lack factual foundation. The bill also provides that certain proceedings for a disciplinary action by the department against a facility or home qualify as a contested case and are subject to judicial review under the substantial evidence rule. House Bill 877 creates a Class A misdemeanor offense for knowingly or intentionally filing a complaint alleging that a child-care facility or family home failed to comply with the department's minimum standards that the person knows is false or lacks factual foundation. A repeat offense is a state jail felony.