By Wise                                         H.B. No. 2498

      75R6044 CLG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of certain child-care facilities and

 1-3     registered family homes.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 42.052(f), Human Resources Code, is

 1-6     amended to read as follows:

 1-7           (f)  A family home may not place a public advertisement that

 1-8     uses the title "registered family home" or any variation of the

 1-9     phrase unless the home is registered with the division under this

1-10     chapter.  Any public advertisement for a registered family home

1-11     which uses the title "registered family home" must contain a

1-12     provision in bold type stating:  "THIS HOME IS REGISTERED WITH THE

1-13     DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES BUT IS NOT

1-14     LICENSED OR REGULARLY INSPECTED."

1-15           SECTION 2.  Sections 42.044(a), (b), and (c), Human Resources

1-16     Code, are amended to read as follows:

1-17           (a)  An authorized representative of the division may visit a

1-18     facility or registered family home during operating hours to

1-19     investigate, inspect, and evaluate.

1-20           (b)  The division shall inspect all licensed or certified

1-21     facilities at least once a year and may inspect other facilities or

1-22     registered family homes as necessary.   At least one of the annual

1-23     visits must be unannounced and all may be unannounced.

1-24           (c)  The division must investigate a facility when a

 2-1     complaint is received.   The department shall investigate a

 2-2     registered family home when the department receives a complaint of

 2-3     abuse or neglect, as defined by Section 261.001, Family Code, of a

 2-4     child at the home. The division representative must notify the

 2-5     facility's director or authorized representative when a complaint

 2-6     is being investigated and report in writing the results of the

 2-7     investigation to the director or the director's authorized

 2-8     representative.

 2-9           SECTION 3.  Subchapter C, Chapter 42, Human Resources Code,

2-10     is amended by adding Sections 42.0425 and 42.0426 to read as

2-11     follows:

2-12           Sec. 42.0425.  TRAINING OF PERSONNEL.  A licensed facility or

2-13     registered family home shall provide training for staff members in:

2-14                 (1)  the recognition of symptoms of child abuse,

2-15     neglect, and sexual molestation and the responsibility and

2-16     procedure of reporting suspected occurrences of child abuse,

2-17     neglect, and sexual molestation to the department or other

2-18     appropriate entity;

2-19                 (2)  the application of first aid; and

2-20                 (3)  the prevention and spread of communicable

2-21     diseases.

2-22           Sec. 42.0426.  PARENTAL VISITATION.  All areas of a licensed

2-23     facility must be accessible to a parent of a child who is receiving

2-24     care at the facility if the parent visits the child during the

2-25     facility's hours of operation.

2-26           SECTION 4.  Subchapter C, Chapter 42, Human Resources Code,

2-27     is amended by adding Section 42.0445 to read as follows:

 3-1           Sec. 42.0445.  REQUIRED BACKGROUND SEARCH.  (a)  Before the

 3-2     division issues or renews a license, registration, or certification

 3-3     under this subchapter, the division shall search the central

 3-4     registry of reported cases of child abuse or neglect established

 3-5     under Section 261.002, Family Code, to determine whether the

 3-6     applicant or the owner or an employee of the facility or family

 3-7     home is listed in the registry as a person who abused or neglected

 3-8     a child.

 3-9           (b)  The department may adopt rules to implement this

3-10     section.

3-11           SECTION 5.  This Act takes effect September 1, 1997.

3-12           SECTION 6.  The importance of this legislation and the

3-13     crowded condition of the calendars in both houses create an

3-14     emergency and an imperative public necessity that the

3-15     constitutional rule requiring bills to be read on three several

3-16     days in each house be suspended, and this rule is hereby suspended.