SRC-TNM S.B. 65 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 65
By: Moncrief
Health and Human Services
2-23-97
As Filed
DIGEST

Currently, day care in family homes is only regulated by the state if the
home cares for four or more children unrelated to the caretaker.  The
Department of Protective and Regulatory Services's (DPRS) range of
sanctions available, should corrective or disciplinary action become
necessary, is somewhat limited.  The Sunset Commission noted these
limitations in its 1996 report on the agency, and recommended that all
child care licensing sanctions apply to registered family homes.  S.B. 65
extends the licensing requirement for family homes providing day care to
include those providers caring for fewer than four children unrelated to
the caretaker.  The bill also gives DPRS more effective sanctioning
authority as recommended by the Sunset Commission, and prohibits a family
home with fewer than three children from registering with the DPRS. 

PURPOSE

As proposed, S.B. 65 outlines provisions and provides penalties for the
regulation of family homes that care for children who are not the
caretaker's own. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 42.052(c) and (f), Human Resources Code, to
delete text allowing a family home caring for three or fewer children,
excluding the caretaker's own children, to register with the designated
division (division) of the Department of Protective and Regulatory
Services (department).  Deletes text prohibiting a family home from
placing a public advertisement using the title "registered family home" or
any variation unless the home is registered with the division. 

SECTION 2. Amends Section 42.054(e), Human Resources Code, to require the
division to charge each family home an annual registration fee to cover
the departments cost in regulating family homes.  Authorizes the division
to implement a graduated fee schedule based on the number of children in
care in a family home that are not the caretaker's own.  Deletes a
requirement that charges each registered family home a $15 registration
fee. 

SECTION 3. Amends Section 42.054(e), Human Resources Code, to make
conforming changes. 

SECTION 4. Amends Section 42.071, Human Resources Code, as follows:

 Sec. 42.071. New heading: SUSPENSION, EVALUATION, OR PROBATION.   Sets
forth  the provisions by which a facility or family home is suspended,
evaluated, or placed on  probation as a result of noncompliance with
standards that do not endanger the health and  safety of children.  Makes
conforming changes. 

SECTION 5. Amends Section 42.072, Human Resources Code, as follows:

 Sec. 42.072. New heading: DENIAL OR REVOCATION.  Sets forth the
provisions  regarding the denial or revocation of a license or
certification of approval of a facility or the  registration of a family
home in noncompliance with the requirements of this chapter,  standards of
the department, or the terms of the license, certification, or
registration.  Makes  conforming changes. 
 
SECTION 6. Amends Section 42.073, Human Resources Code, as follows: 

 Sec. 42.073. New heading: EMERGENCY SUSPENSION AND CLOSURE.   Requires
the  division to suspend the license or registration, order the closing,
and place children residing  or attending the home elsewhere if the
division finds the family home is in noncompliance  of standards
prescribed by this chapter and the violation endangers the children
residing in  the facility or attending the family home.  Makes conforming
changes. 

SECTION 7. Amends Sections 42.074(a) and (c), Human Resources Code, to
make conforming changes. 

SECTION 8. Amends Section 42.075(a), Human Resources Code, to make
conforming changes. 

SECTION 9. Amends Sections 42.076(a) and (b), Human Resources Code, to
provide that a person who operates a family home without the required
registration commits a class B misdemeanor. Provides that a person who
places a public advertisement for an unregistered family home commits a
Class C misdemeanor. Makes conforming changes. 

SECTION 10. Amends Section 42.077, Human Resources Code, as follows:

 Sec. 42.077. New heading: NOTICE OF ACTION AGAINST A FACILITY OR HOME.
Makes conforming changes. 

SECTION 11. Emergency clause.
  Effective date: upon passage.