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Senate Bill 68 |
Senate Author: Nelson |
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Effective: See below |
House Sponsor: Darby et al. |
Senate Bill 68 amends provisions of the Human Resources Code relating to licensing and inspection requirements of the Department of Family and Protective Services (DFPS) for certain facilities and homes that provide child care. The bill defines "before-school or after-school program" and "school-age program," for purposes of establishing these programs as child-care facilities that are required under current law to be licensed by DFPS, and adds these programs to the list of facilities for which DFPS must adopt standards.
Among other provisions, Senate Bill 68 exempts DFPS from complying with Occupations Code provisions relating to a criminal conviction for purposes of a license issued or a background check conducted under the Human Resources Code. The bill expands the exemptions from licensing requirements that apply to certain facilities, homes, and agencies and repeals law relating to exemptions from licensing requirements that apply to an educational facility operating in a county with a population of less than 25,000. Senate Bill 68 establishes new provisions and modifies existing provisions relating to rules and standards for certain child-care facilities, including the standards relating to background check information for a child-care facility located in a temporary shelter, including a family violence or homeless shelter, in which a child may temporarily reside.
Previous law required DFPS to adopt rules on background and criminal history checks for certain people and to establish the violations that pose a risk to the health and safety of children. Senate Bill 68 instead directs the executive commissioner to adopt these rules and to establish the criteria for determining whether the operation of a facility or family home poses such a risk. The bill requires a child-placing agency, foster home, or foster group to submit a complete set of fingerprints for specified people before a child for whom DFPS is the managing conservator is placed in such a facility, and establishes exemptions to this requirement. The bill also expands the list of people for whom a child-care facility is required to submit information to DFPS for use in conducting a background and criminal history check and prohibits a person from interfering with an investigation or inspection of a facility or family home conducted by DFPS. Senate Bill 68 expands the list of violations that are subject to a civil penalty to include knowingly failing to meet or maintain any criterion of an authorized exemption and engaging in activities that require a license or registration, or failing to inform DFPS of a change in status and knowing that the change requires a person to be licensed or registered. Except for the provisions relating to the licensing of before-school or after-school programs and child-care facilities located in a temporary shelter, which take effect on the later of the date on which minimum standards are adopted or September 1, 2010, the bill takes effect September 1, 2009.