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.