Enrolled Bill Summary

            Senate Bill 1539 amends the Human Resources Code to clarify that provisions relating to the regulation of child-care facilities apply to facilities that are licensed, certified, or registered by the Department of Protective and Regulatory Services to provide certain child-care services. The act requires the department to establish minimum standards that apply to registered family homes, expands the list of required minimum standards to include standards that prevent the breakdown of foster care and adoptive placement, and clarifies that provisions relating to inspections apply to registered family homes.

            Senate Bill 1539 requires a family home to be listed with the department if it is compensated for providing regular care to fewer than four children who are not related to the caretaker. The act establishes an application fee and an annual administrative fee for a listed family home. The department is required to inspect a listed family home upon receipt of a complaint of abuse or neglect.

            Senate Bill 1539 requires DPRS to conduct background and criminal history checks on licensed child-care facilities and registered or listed family homes and authorizes DPRS to deny or revoke a license, registration, or listing based on the results of a background or criminal history check. The act requires DPRS to collect an administrative fee from a licensed child-care facility and a registered family home to cover the cost of conducting a background and criminal history check. It also establishes criminal penalties for operating a family home without a registration or listing and for placing a public advertisement for an unregistered or unlisted family home. The act extends to family homes the civil penalties to which licensed facilities are subject. The act also provides for the denial, suspension, or revocation of the registration or listing of a family home.

            Senate Bill 1539 specifies that licensure required of child-care facilities does not apply to an after-school program operated by an accredited educational facility or by another entity under contract with the educational facility if the curriculum of the after-school program has been approved by the Texas Education Agency or the Southern Association of Colleges and Schools. The act also includes a day-care center in the definition of "school" in provisions that establish drug-free zones.