By Smithee, Corte, Counts, Edwards, H.B. No. 2482
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of an accreditation program for
1-3 child-care facilities and child-placing agencies as an alternative
1-4 to state licensure; providing a criminal penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 42, Human Resources Code, is amended by
1-7 adding Subchapter E to read as follows:
1-8 SUBCHAPTER E. ACCREDITATION OF CHILD-CARE FACILITIES AND
1-9 CHILD-PLACING AGENCIES
1-10 Sec. 42.101. ALTERNATIVE ACCREDITATION PROGRAM. The
1-11 department shall establish a streamlined procedure by which the
1-12 department authorizes a child-care facility or child-placing agency
1-13 that is otherwise required to obtain a license under Subchapter C
1-14 to operate the facility or agency without a license if the facility
1-15 or agency is accredited by an accreditation organization approved
1-16 by the department.
1-17 Sec. 42.102. ACCREDITATION ORGANIZATION. (a) To qualify
1-18 for approval by the department under Section 42.101, an
1-19 accreditation organization must:
1-20 (1) be a recognized private organization that
1-21 promulgates, publishes, and requires compliance with standards and
1-22 inspection procedures for child-care facilities or child-placing
1-23 agencies that meet or exceed the state's minimum requirements for
1-24 child-care facilities and child-placing agencies under Subchapter
1-25 C, with the exception of standards relating to the internal
2-1 self-governance of a facility or agency and to the curriculum,
2-2 teaching, or instruction of the facility or agency; and
2-3 (2) demonstrate a strong commitment to ensuring the
2-4 provision of high-quality child-care services.
2-5 (b) An accreditation organization must file a copy of its
2-6 minimum standards and inspection procedures for child-care
2-7 facilities or child-placing agencies with the department to enable
2-8 the department to make its determination under Subsection (a).
2-9 Sec. 42.103. APPROVED ACCREDITATION ORGANIZATION. (a) The
2-10 department shall approve an accreditation organization under this
2-11 subchapter if the department determines that the accreditation
2-12 organization has satisfied the requirements prescribed by this
2-13 subchapter.
2-14 (b) An approval granted by the department under this section
2-15 is valid for one year.
2-16 (c) The department shall prescribe an annual renewal
2-17 procedure for an approved accreditation organization that ensures
2-18 continued compliance with this subchapter.
2-19 (d) The department may use the remedies specified in
2-20 Subchapter D to address exigent situations in which an approved
2-21 accreditation organization does not timely correct an action that
2-22 endangers the health and safety of children.
2-23 Sec. 42.104. REGISTRATION TO OPERATE UNDER ACCREDITATION.
2-24 (a) A child-care facility or child-placing agency that is
2-25 accredited by an approved accreditation organization may register
2-26 with the department to operate under that accreditation by filing:
2-27 (1) a registration in a simple form prescribed by the
3-1 department;
3-2 (2) a copy of the certificate, license, or award
3-3 letter of accreditation from the accreditation body showing that
3-4 the facility or agency is accredited; and
3-5 (3) a copy of the written accreditation report of the
3-6 agency or facility from the accreditation body.
3-7 (b) In addition to any fee that may be required under
3-8 Section 411.114(b), Government Code, the department may charge a
3-9 child-care facility or child-placing agency a single administrative
3-10 fee in a reasonable amount that is sufficient to cover the costs of
3-11 the department in processing and acting on the registration.
3-12 (c) The department shall process and act on a registration
3-13 not later than the 30th day after the date on which the department
3-14 receives all of the required information.
3-15 Sec. 42.105. BACKGROUND AND CRIMINAL HISTORY CHECKS. (a)
3-16 An approved accreditation organization shall obtain from the
3-17 department information from the central registry of reported cases
3-18 of child abuse or neglect established under Section 261.002, Family
3-19 Code, and information from the Department of Public Safety under
3-20 Section 411.114, Government Code, for purposes of reviewing the
3-21 general character and fitness of:
3-22 (1) a child-care administrator seeking accreditation
3-23 under Section 43.003;
3-24 (2) a person who registers with the department to
3-25 operate under this subchapter or a holder of a certificate issued
3-26 under this subchapter;
3-27 (3) an operator of a child-care facility or
4-1 child-placing agency accredited by the organization and seeking to
4-2 register with the department under Section 42.104 or issued a
4-3 certificate to operate under that accreditation under this
4-4 subchapter; and
4-5 (4) an employee of or an applicant for employment by a
4-6 child-care facility or child-placing agency accredited by the
4-7 organization and seeking to register with the department under
4-8 Section 42.104 or issued a certificate to operate under that
4-9 accreditation under this chapter.
4-10 (b) The department by rule may provide for not issuing or
4-11 not renewing a certificate to operate under accreditation or may
4-12 revoke a certificate based on the results of a background or
4-13 criminal history check conducted by the department under this
4-14 section.
4-15 Sec. 42.106. ACCEPTANCE OF ACCREDITATION INSTEAD OF LICENSE.
4-16 (a) Except as provided by Section 42.105(b), the department shall
4-17 issue a certificate to operate under accreditation to a child-care
4-18 facility or child-placing agency that registers with the department
4-19 under Section 42.104 if:
4-20 (1) the facility or agency submits all of the
4-21 information required by Section 42.104(a);
4-22 (2) the facility or agency remits any required
4-23 administrative fee under Section 42.104(b); and
4-24 (3) the department verifies that the facility or
4-25 agency is accredited by and in good standing with an approved
4-26 accreditation organization.
4-27 (b) A certificate issued under this section is not
5-1 transferrable and applies only to the operator named in the
5-2 registration.
5-3 (c) A certificate is valid for one year.
5-4 Sec. 42.107. RENEWAL OF CERTIFICATE. The department shall
5-5 provide for an annual renewal of a certificate issued to an
5-6 operator of a child-care facility or child-placing agency under
5-7 Section 42.106. The department shall renew the certificate if the
5-8 child-care facility or child-placing agency maintains accreditation
5-9 from the approved accreditation organization.
5-10 Sec. 42.108. NOTIFICATION OF REVOCATION OR WITHDRAWAL OF
5-11 ACCREDITATION. Not later than the seventh day after the date on
5-12 which an approved accreditation organization revokes or withdraws
5-13 the accreditation of a child-care facility or child-placing agency
5-14 that is exempt from licensing under this subchapter, the
5-15 organization shall notify the department of the revocation or
5-16 withdrawal.
5-17 Sec. 42.109. REVOCATION OR WITHDRAWAL OF APPROVAL TO OPERATE
5-18 UNDER ACCREDITATION. (a) A holder of a certificate issued under
5-19 Section 42.106 may not operate a child-care facility or child-care
5-20 placing agency under this subchapter if an accreditation
5-21 organization has revoked or withdrawn the accreditation of the
5-22 child-care facility or child-placing agency, unless the department
5-23 grants the holder a license under Subchapter C or a provisional
5-24 license.
5-25 (b) The department may adopt rules as necessary to implement
5-26 this section.
5-27 Sec. 42.110. AUTHORITY TO CONDUCT LIMITED INSPECTIONS. (a)
6-1 The department may inspect a child-care facility or child-placing
6-2 agency that has received a certificate to operate under
6-3 accreditation as provided by Section 42.106 if:
6-4 (1) the department has received a complaint or report
6-5 of child abuse or neglect alleged to have occurred at the facility
6-6 or agency; or
6-7 (2) the department has received a complaint indicating
6-8 that despite efforts made by an accreditation organization approved
6-9 under Section 42.103, a facility or agency certified to operate
6-10 under accreditation under Section 42.104 has violated the standards
6-11 of the accreditation organization and the violation creates an
6-12 immediate threat to the health or safety of children attending or
6-13 residing in the facility or agency.
6-14 (b) This chapter does not affect the authority of local,
6-15 regional, or state health department officials, the state fire
6-16 marshal, or local fire prevention officials to inspect a child-care
6-17 facility or child-placing agency that is certified to operate under
6-18 accreditation under this subchapter.
6-19 (c) If, as provided by Subsection (a), the department has
6-20 inspected a child-care facility or child-placing agency that has
6-21 received a certificate to operate under accreditation as provided
6-22 by Section 42.106, the department may require the facility or
6-23 agency to take appropriate corrective action to eliminate any
6-24 violations of the standards of the accreditation organization or
6-25 such other action as the department determines necessary to ensure
6-26 the health or safety of the children attending or residing in the
6-27 facility or agency. The department may continue to inspect the
7-1 facility or agency until corrective action has been taken and for
7-2 such reasonable time after corrective action to ensure continued
7-3 compliance with standards.
7-4 Sec. 42.111. EMERGENCY SUSPENSION OF CHILD-CARE FACILITY OR
7-5 CHILD-PLACING AGENCY. (a) The department shall suspend a
7-6 certificate of a child-care facility or child-placing agency issued
7-7 under Section 42.041 and, if appropriate, place the children
7-8 attending or residing in the facility or agency elsewhere if:
7-9 (1) the department finds the facility or agency is
7-10 operating in violation of the standards of its accrediting
7-11 organization; and
7-12 (2) the violation creates an immediate threat to the
7-13 health and safety of the children attending or residing in the
7-14 facility or agency.
7-15 (b) An order suspending the certificate of a child-care
7-16 facility or child-placing agency is immediately effective on the
7-17 date on which the certificate holder receives written notice or on
7-18 a later date specified in the order.
7-19 (c) An order is valid for 10 days after the effective date
7-20 of the order.
7-21 (d) The suspension of a certificate and the appeal from that
7-22 action are governed by the procedures for a contested case hearing
7-23 under Chapter 2001, Government Code.
7-24 SECTION 2. Section 42.001, Human Resources Code, is amended
7-25 to read as follows:
7-26 Sec. 42.001. PURPOSE. The purpose of this chapter is to
7-27 protect the health, safety, and well-being of the children of the
8-1 state who reside in child-care facilities by establishing statewide
8-2 minimum standards for their safety and protection and by regulating
8-3 the facilities through a licensing program or by requiring
8-4 child-care facilities to be regulated by alternative accreditation
8-5 bodies. It is the policy of the state to ensure the protection of
8-6 all children under care in child-care facilities and to encourage
8-7 and assist in the improvement of child-care programs. It is also
8-8 the intent of the legislature that freedom of religion of all
8-9 citizens is inviolate. With respect to a school or child-care
8-10 facility sponsored by a religious organization, [and] nothing in
8-11 this chapter gives a governmental agency authority to regulate,
8-12 control, supervise, or in any way be involved in the:
8-13 (1) form, manner, or content of religious instruction,
8-14 ministry, teaching, or the curriculum offered by the [of a] school
8-15 or facility;
8-16 (2) ability of the school or facility to select and
8-17 supervise qualified personnel, and otherwise control the terms of
8-18 employment, including the right to employ individuals who share the
8-19 religious views of the school or facility;
8-20 (3) internal self-governance and autonomy of the
8-21 school or facility; or
8-22 (4) religious environment of the school or facility,
8-23 such as symbols, art, icons, and scripture [sponsored by a
8-24 religious organization].
8-25 SECTION 3. The heading of Section 42.041, Human Resources
8-26 Code, is amended to read as follows:
8-27 Sec. 42.041. REQUIRED LICENSE OR ACCREDITATION.
9-1 SECTION 4. Sections 42.041(a) and (d), Human Resources Code,
9-2 are amended to read as follows:
9-3 (a) No person may operate a child-care facility or
9-4 child-placing agency without a license issued by the division or a
9-5 certificate to operate under accreditation issued by the department
9-6 under Subchapter E.
9-7 (d) A person operating or desiring to operate a child-care
9-8 facility that is exempt from the provisions of Subsection (a) of
9-9 this section may apply to the division for a license as provided in
9-10 Section 42.046 of this code. The division may not deny an exempt
9-11 facility a license on the ground that it is exempt from Subsection
9-12 (a) of this section. Unless accredited under Subchapter E, a [A]
9-13 facility exempt from the provisions of Subsection (a) of this
9-14 section that desires to receive or participate in federal or state
9-15 funding shall be required to comply with all other provisions of
9-16 this Act and with all regulations promulgated thereunder.
9-17 SECTION 5. Section 42.076(a), Human Resources Code, is
9-18 amended to read as follows:
9-19 (a) A person who operates a child-care facility or
9-20 child-placing agency without a license or certificate to operate
9-21 under accreditation under Subchapter E commits a Class B
9-22 misdemeanor.
9-23 SECTION 6. Section 43.003, Human Resources Code, is amended
9-24 to read as follows:
9-25 Sec. 43.003. LICENSE OR ACCREDITATION REQUIRED. (a) Except
9-26 as provided by Subsections [Subsection] (b) and (c) of this
9-27 section, a person may not serve as a child-care administrator of a
10-1 child-care institution without a license issued by the department
10-2 under this chapter.
10-3 (b) A person who is not licensed under this chapter may
10-4 serve as the child-care administrator of an emergency shelter
10-5 located in a county with a population of less than 40,000 if the
10-6 governing body of the shelter by resolution adopted by a majority
10-7 vote of the membership of the governing body certifies that the
10-8 shelter has made a reasonable effort to hire a licensed child-care
10-9 administrator but is unable to hire a licensed child-care
10-10 administrator.
10-11 (c) A person may serve as the child-care administrator of a
10-12 child-care institution if the person is accredited by a private
10-13 organization that has qualifications that apply to the child-care
10-14 administrators and that meet or exceed the state's qualifications,
10-15 as determined by the department, with the exception of those
10-16 qualifications relating to the internal self-governance of the
10-17 child-care institution and to the curriculum, teaching, or
10-18 instruction of the institution. This subsection applies only to a
10-19 child-care institution that operates under a certificate to operate
10-20 under accreditation issued by the department under Subchapter E,
10-21 Chapter 42.
10-22 SECTION 7. Section 411.114(a)(2), Government Code, is
10-23 amended to read as follows:
10-24 (2) The Department of Protective and Regulatory
10-25 Services is entitled to obtain from the department criminal history
10-26 record information maintained by the department that relates to a
10-27 person who is:
11-1 (A) an applicant for a license, registration, or
11-2 certification under Chapter 42, Human Resources Code, or a person
11-3 who registers with or has been issued a certificate to operate
11-4 under accreditation by the Department of Protective and Regulatory
11-5 Services under Subchapter E, Chapter 42, Human Resources Code;
11-6 (B) an owner or employee of or an applicant for
11-7 employment by a child-care facility licensed, registered, or
11-8 certified under Chapter 42, Human Resources Code, or by a
11-9 child-care facility or child-placing agency that is seeking to
11-10 register with or has been issued a certificate to operate under
11-11 accreditation by the Department of Protective and Regulatory
11-12 Services under Subchapter E, Chapter 42, Human Resources Code [that
11-13 chapter];
11-14 (C) a resident of a registered family home, but
11-15 not a child in the home's care or a parent of the child;
11-16 (D) an applicant for a position with the
11-17 Department of Protective and Regulatory Services, the duties of
11-18 which include direct delivery of protective services to children,
11-19 elderly persons, or persons with a disability;
11-20 (E) a volunteer or applicant volunteer with a
11-21 local affiliate in this state of Big Brothers/Big Sisters of
11-22 America;
11-23 (F) a volunteer or applicant volunteer with the
11-24 "I Have a Dream/Houston" program;
11-25 (G) an employee of, an applicant for employment
11-26 with, or a volunteer or an applicant volunteer with a business
11-27 entity or person that contracts with the Department of Protective
12-1 and Regulatory Services to provide direct delivery of protective
12-2 services to children, elderly persons, or persons with a
12-3 disability, if the person's duties or responsibilities include
12-4 direct contact with children, elderly persons, or persons with a
12-5 disability;
12-6 (H) a volunteer or applicant volunteer with the
12-7 Department of Protective and Regulatory Services;
12-8 (I) a volunteer or applicant volunteer with an
12-9 organization that provides court-appointed special advocates for
12-10 abused or neglected children;
12-11 (J) a person providing or applying to provide
12-12 adoptive or foster care for children in the care of the Department
12-13 of Protective and Regulatory Services and other adults living with
12-14 that person in the residence in which the child will reside;
12-15 (K) a Department of Protective and Regulatory
12-16 Services employee who is engaged in the direct delivery of
12-17 protective services to children, elderly persons, or persons with a
12-18 disability;
12-19 (L) a person who is the subject of a report the
12-20 department receives alleging that the person has abused or
12-21 neglected a child, an elderly person, or a person with a
12-22 disability, provided that report has proven to have merit;
12-23 (M) a relative providing or applying to provide
12-24 in-home care for a child in the care of the Department of
12-25 Protective and Regulatory Services and other adults living with
12-26 that relative in the residence in which the child will reside;
12-27 (N) a person providing child care for a child
13-1 who is in the care of the Department of Protective and Regulatory
13-2 Services and who is or will be receiving adoptive, foster, or
13-3 in-home care;
13-4 (O) a person providing, at the request of the
13-5 child's parent, in-home care for a child who is the subject of a
13-6 report alleging the child has been abused or neglected; [or]
13-7 (P) a volunteer or applicant volunteer with a
13-8 Texas chapter of the Make-a-Wish Foundation of America;
13-9 (Q) an operator of a child-care facility or
13-10 child-placing agency that is seeking to register with or has been
13-11 issued a certificate to operate under accreditation by the
13-12 Department of Protective and Regulatory Services under Subchapter
13-13 E, Chapter 42, Human Resources Code, subject to Section 42.105,
13-14 Human Resources Code; or
13-15 (R) a child-care administrator seeking
13-16 accreditation as provided by Section 43.003, Human Resources Code.
13-17 SECTION 8. (a) This Act takes effect September 1, 1997.
13-18 (b) The Department of Protective and Regulatory Services
13-19 shall adopt rules under this Act not later than March 1, 1998.
13-20 SECTION 9. The importance of this legislation and the
13-21 crowded condition of the calendars in both houses create an
13-22 emergency and an imperative public necessity that the
13-23 constitutional rule requiring bills to be read on three several
13-24 days in each house be suspended, and this rule is hereby suspended.