CLC H.B. 2498 75(R)BILL ANALYSIS


HUMAN SERVICES
H.B. 2498
By: Wise
5-6-97
Committee Report (Unamended)



BACKGROUND

Unfortunately, many child sexual assault victims are molested by those in
a position of trust and authority over them.  Of course, the majority of
people who work with children are dedicated, sincere professionals, deeply
concerned about the welfare of children; but, unfortunately, a few people
seek to harm or exploit children entrusted to their care and supervision.
Moreover, children are sometimes physically abused, neglected, or sexually
victimized by staff in small facilities, or by family members of licensed
child care providers, who may not be as closely monitored by licensing
agencies as are larger child care facilities. 

The screening of child care personnel is a critical step toward preventing
child sexual abuse, exploitation, and abduction.  Screening, especially in
child care facilities, is required in many states for current staff, new
applicants, and volunteers.  A few states include juvenile detention and
correction personnel as well as foster care providers.  Many states bar
those convicted of certain crimes from being involved in child care
programs.  Several states include their child abuse registries as part of
the screening process. 

Frequently, background checks of child care applicants, present and
prospective employees, volunteers, and even family members present at the
site are included as part of the licensing procedures in many states.
Most state statutes provide for inspection of the physical facilities as
well as screening for health problems and prior convictions of personnel.
Some states have provided for training programs for personnel working with
the children and education requirements for certain positions.  A review
of Texas' licensing requirements is necessary to ensure that it is
comprehensive enough to provide children with the safest possible
facility. 

PURPOSE

The main purpose of this legislation is to offer added protection against
abuse or neglect for children enrolled in child-care facilities and family
home settings.  It adds protection to children by enhancing the training
of personnel employed in these facilities and improving the parental
visitation communications between parents, children, and employees.
Finally, it adds further protection for children by requiring more
enhanced background checks of employees and facilities before issuing a
license, registration, or certification to a the day-care facility or
family home.   

SECTION BY SECTION ANALYSIS

SECTION 1.Amends the Human Resources Code, Section 42.052(f) by adding
"Regularly" to the provision on any public advertisement used for
advertising a registered family home which uses the title "registered
family home."  The advertisement must contain a provision in bold type
stating: "This Home Is Registered with the Department of Protective and
Regulatory Services but Is Not Licensed or Regularly Inspected."     

SECTION 2.Amends the Human Resources Code, Sections 42.044(a), (b), and
(c),  by  adding the "registered family home" language to the current
child-care facilities language already in the statutes.  It further states
that the department shall investigate a registered family home when the
department receives a complaint of abuse or neglect, as defined by Section
261.001, Family Code, of a child at the home. 

 SECTION 3.Adds new sections to the Human Resources Code by including
provisions on the training of personnel and parental visitation.  The
first provision states that a licensed facility or registered family home
shall provide training for staff members in: (1)  the recognition of
symptoms of child abuse, neglect, and sexual molestation and the
responsibility and   procedure of reporting suspected occurrences of child
abuse, neglect, and sexual molestation to the department or other
appropriate entity; (2)  the application of first aid; and (3)  the
prevention and spread of communicable diseases. The second provision
states that all areas of a licensed  facility must be accessible to a
parent of a child who is receiving care at the facility if the parent
visits the child during the facility's hours of operation. 
                                      
SECTION 4.Amends the Human Resources Code, Subchapter C, Chapter 42, by
adding Section 42.0445 relating to language on required background search
of personnel.  It states that before the division issues or renews a
license, registration, or certification  under this subchapter, the
division shall search the central registry of reported cases of child
abuse or neglect established under Section 261.002, Family Code, to
determine whether the applicant or the owner or an employee of the
facility or family home is listed in the registry as a person who abused
or neglected a child.  Finally, the section states that the department may
adopt rules to implement this section. 

SECTION 5.Effective Date: September 1, 1997.

SECTION 6.Emergency clause.