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