BILL ANALYSIS
HUMAN SERVICES
H.B. 2482 (Substituted)
By: Smithee (Hilderbran)
4-14-97
BACKGROUND
Currently, there is a lack of quality, affordable child care in Texas.
Many religious and social ministries operate child care facilities and
child placement agencies. These facilities include daycare centers,
maternity homes, foster homes, emergency shelters, family homes, and
halfway houses. However, many of these agencies and facilities view state
licensing standards as intrusive, burdensome and often conflicting with
the mission and goals of these groups. Consequently, state regulations
prevent many of these religious and social ministries from meeting the
needs of an under served population and provide some relief for
over-burdened public agencies.
These faith-based service providers support meaningful accountability and
oversight, but they value their religious identity and are very concerned
about subordinating their ministry to government regulation. They are,
however, amenable to accreditation by respected private-sector entities
even if the required accreditation standards are more stringent than
existing state licensing standards. Current Texas law permits for certain
facilities serving children to operate licensure free provided they are
accredited by a recognized organization. Texas' limited licensure law
parallels a growing number of states (e.g. Arizona, Florida, Georgia,
Iowa, etc.) which accept accreditation in lieu of state licensure.
PURPOSE
As substituted, HB 2482 establishes an "alternative accreditation" option
for providers of child care and child placing services who, while
committed to high-quality care, believe a non-government, accrediting body
can better credential and accommodate their program. This bill also
clarifies current law to define more fully how the religious freedom of a
provider who elects to remain licensed should be protected against
unwarranted government interference.
RULEMAKING AUTHORITY
SECTION 1. Sec. 42.105, Human Resource Code, grants rulemaking authority
to DPRS for denial or non-renewal of a certificate under accreditation
based on the results of the background and criminal history checks
conducted by DPRS through the Department of Public Safety under Sec. 411.
114, Government Code.
SECTION 1. Sec. 42.109, Human Resource Code, allows DPRS to adopt rules to
cover situations in which a provider's accreditation has been revoked or
withdrawn by the accrediting organization.
SECTION BY SECTION ANALYSIS
SECTION 1.Amends Chapter 42, Human Resources Code, by adding Subchapter E
as follows:
Sec. 42.101.Alternative Accreditation Program.
Requires DPRS to establish a procedure to authorize a child-care facility
or child-placing agency to operate without a license if the facility or
agency is accredited by an accreditation organization approved by DPRS.
Sec. 42.102.Accreditation Organization.
Establishes approval qualifications for organizations seeking
accreditation. Private organizations must meet standards which are either
very similar to or exceeding the state's minimum standards for child-care
facilities and child-placing agencies and must demonstrate a commitment to
ensure high-quality service. An accreditation organization must file a
copy of its minimum standards for child-care facilities or child placement
agencies with DPRS.
Sec. 42.103.Approved Accreditation Organization.
Directs DPRS to approve, for one year, an accreditation organization if
the accreditation organization has satisfied the requirements prescribed
by this subchapter. Further, DPRS must prescribe an annual renewal
procedure for an approved accreditation organization. Permits DPRS to use
specific remedies to address exigent situations if the accrediting
organization does not take timely corrective action.
Sec. 42.104.Registration to Operate Under Accreditation.
Allows a facility or agency that is accredited by an approved
accreditation organization to apply with DPRS for approval to operate
under that accreditation by filing: (1) a registration; (2) a copy of the
certificate, license, or letter of accreditation; and (3) a copy of the
accreditation report from the accreditation body. The DPRS may require an
administrative fee and must approve or deny an application within 30 days.
Sec. 42.105.Background and Criminal History Checks.
Requires an accrediting organization to obtain certain information from a
central registry of reported cases for child abuse or neglect. An
accrediting organization may submit to the DPRS information obtained while
conducting background or criminal history checks. Permits DPRS to conduct
background and criminal history checks through the Department of Public
Safety under Section 411.114, Government Code, if the approved
accreditation organization fails to do so. Also gives rulemaking authority
to DPRS for denial or non-renewal of a certificate under accreditation
based on the results of the background checks.
Sec. 42.106.Acceptance of Accreditation Instead of License.
Directs DPRS to approve operation of a facility or agency under Section
42.104 if the facility or agency submits all required information, pays
an administrative fee, and DPRS can verify the applicant's accreditation
by an approved accreditation organization. The certificate is
non-transferrable and valid for one year.
Sec. 42.107.Renewal of Certificate.
Directs DPRS to annually renew a certificate issued under Section 42.106
only if the applicant maintains approved accreditation.
Sec. 42.108.Notification of Revocation or Withdrawal of Accreditation.
An accreditation organization must notify DPRS not later than the 7th day
following the organization's accreditation revocation or withdrawal for a
child-care facility or child-placing agency.
Sec. 42.109.Revocation or Withdrawal of Approval to Operate under
Accreditation.
A child-care facility or child-placing agency may not operate following
accreditation revocation or withdrawal unless DPRS grants a license under
Subchapter C or has issued a provisional license. DPRS may adopt rules to
implement this section.
Sec. 42.110.Authority to Conduct Limited Inspections.
DPRS may inspect a child-care facility or child-placing agency accredited
under Section 42.106, if the department has received a complaint of child
abuse or neglect; or if the standards of the accrediting organization
has been violated and the violation creates an immediate threat to the
health or safety of the children attending the facility or agency.. Also
recognizes authority of certain local, regional, and state agencies to
conduct inspections.
Sec. 42.111. Emergency Suspension of Child-Care Facility or Child-Placing
Agency.
DPRS shall suspend a certificate of a child-care facility or child-placing
agency under Section 42.104 and if, appropriate, place the children
elsewhere if the accredited facility or agency is in violation of the
accrediting organization's standards; or the the violation creates an
immediate threat to the health or safety of the children attending the
agency or facility. An suspension order is immediately effective on the
date the certificate holder receives written or if a latter date is order.
An order is valid 10 days after the effective date of the order.
SECTION 2.Amends Section 42.001, Human Resources Code, as follows:
Section 42.001. Purpose.
Expands the existing language by allowing the regulation of child-care
facilities by private accreditation bodies as an alternative to the
current requirement that the state establish statewide standards for the
regulation of facilities. Also clarifies the language that protects the
religious freedom of Texas citizens, adding the language, "with respect to
a school or child-care facility sponsored by a religious organization,"
and additional language prohibiting a governmental agency from regulating,
controlling, supervising, or in any way becoming involved in the following
aspects of that facility or school: (1) ministry and teaching; (2)
employment; (3) internal selfgovernance and autonomy; and (4) the
religious environment, such as symbols, art, icons, and scripture.
SECTION 3.Amends the heading of Section 42.041, Human Resource Code, to
make conforming changes.
SECTION 4.Amends Section 42.041 (a) and (d), Human Resource Code, to make
conforming changes to allow a person who, in lieu of the DPRS issued
license, has been issued an accreditation certificate under Subchapter E
to operate a child-care facility or child-placing agency.
SECTION 5.Amends Section 42.076(a), Human Resource Code, to make
conforming changes to state that a person who operates a child-care
facility or child-placing agency without a DPRS issued license or
accreditation certificate under Subchapter E is committing a Class B
misdemeanor.
SECTION 6.Amends Section 43.003, Human Resource Code, to make conforming
changes and to authorize a person to serve as an administrator of a
child-care institution provided the applicant satisfies private
accreditation standards, according to the accreditation certificate issued
under Subchapter E, Chapter 42, which are substantially similar to or
exceed the state's minimum standards. This requirement excludes those
standards related to internal self-governance, curriculum, and teaching of
the institution.
SECTION 7.Amends Section 411.114(a)(2), Government Code, to make
conforming changes, authorizing DPRS to obtain criminal history records on
owners of facilities addressed in Chapter 42, Human Resources Code, in
addition to employees and applicants for employment, and applicants for
the certificate of approval of a child-care and childplacing facility
under that chapter. An accredited operator of a child-care facility or
child-placing agency issued under Subchapter E, Chapter 42, Human
Resources Code is subject to Section Section 42.105, Human Resources Code.
A child-care administrator seeking accreditation under Section 43.003,
Human Resources Code is subject to Section 42.105, Human Resources Code.
SECTION 8. Effective Date: September 1, 1997. Requires DPRS shall adopt
rules under this Act not later than March 1, 1998.
SECTION 9. Emergency Clause.
COMPARISON OF SUBSTITUTE TO FILED BILL
As substituted, HB 2482 clarifies that accredited providers are required
to have compliance monitoring procedures that either meet or exceed state
standards. Permits DPRS to use specific remedies to address exigent
situations if the accrediting organization does not take timely corrective
action. The substitute requires an accrediting organization to obtain
information from the central registry of child abuse or neglect maintained
by the Department of Protective and Regulatory Services on a child-care
administrator, operator, or employee seeking accreditation. The
substitute also requires an accrediting organization
to submit to inspection procedures of the Department of Protective and
Regulatory Services.
Additionally, the substitute to HB 2482 adds Sec. 42.111 to permit the
Department of Protective and Regulatory Services to suspend or revoke the
approval of an accrediting organization's status in certain circumstances.
The substitute also authorizes the Department of Protective and Regulatory
Services to investigate and require timely corrective action if the health
and safety of the children residing in the child-care facility or
child-placing agency is in immediate danger.
The substitute provides that an accredited operator of a child-care
facility or child-placing agency issued under Subchapter E, Chapter 42,
Human Resources Code is subject to Section Section 42.105, Human Resources
Code. A child-care administrator seeking accreditation under Section
43.003, Human Resources Code is subject to Section 42.105, Human Resources
Code. The substitute requires DPRS to adopt rules under this Act not
later than March 1, 1998.