HBA-JRA H.B. 1759 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1759
By: Hupp
Human Services
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, many foster children are placed in foster homes in Texas by
private placing agencies licensed by the Department of Protective and
Regulatory Services (department).  The placement of foster children has a
significant impact on a small communities with small school districts.  The
purpose of this bill is to increase placement agencies' responsibility for
and sensitivity to the effect of placements and to the needs of the child.
H.B. 1759 requires the department set a limit on the total number of
children residing in foster homes, foster group homes, agency foster homes,
or agency foster group homes in a county with a population of less than
20,000.  This bill also prevents a child-placing agency from operating
branch offices in counties not contiguous to the county in which the
agency's principal place of business is located without the department's
approval. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Department of Protective and
Regulatory Services in SECTION 1 (Section 42.0462, Human Resources Code) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 42, Human Resources Code, by
adding Sections 42.0462, 42.0485, and 42.0536, as follows: 

42.0462.  CAPACITY RESTRICTIONS FOR CERTAIN CHILD-CARE FACILITIES IN
CERTAIN COUNTIES.  (a)  Requires the Department of Protective and
Regulatory Services (department), for each county with a population of less
than 20,000, to set a limit on the total number of children residing in the
county at a foster home, foster group home, agency foster home, or agency
foster group home that is licensed or required to be licensed by the
department, operating or proposing to be operated under a certificate
issued under Section 42.106 (Acceptance of Accreditation Instead of
License), or verified by a child-placing agency under this chapter.  

(b)  Requires the department, in adopting rules under this section, to
ensure that the limit is proportional to the total population of the county
and consider the impact on the county of the services provided by the such
facilities.  Prohibits the department from setting the limit for a
particular county under Subsection (a) at fewer than five children. 

Sec. 42.0485.  CAPACITY RESTRICTIONS FOR ISSUANCE OF LICENSE.  Prohibits
the department from issuing a license for the operation or expansion of the
capacity of a foster home, foster group home, agency foster home, or agency
foster group home if the limit set under Section 42.0462 for the county in
which the facility is located would be exceeded by the facility's capacity.

Sec. 42.0536.  PROHIBITED VERIFICATION OF CERTAIN AGENCY FOSTER HOMES OR
AGENCY FOSTER GROUP HOMES.  Prohibits a child-placing agency from verifying
an agency foster home or agency foster group home if the limit set under
Section 42.0462 for the county in which the facility is located would be
exceeded by the facility's capacity.  

 SECTION 2.  Amends Subchapter C, Chapter 42, Human Resources Code, by
adding Section 42.0495, as follows: 

Sec. 42.0495.  OPERATION OF BRANCH OFFICES BY CHILD-PLACING AGENCIES. (a)
Defines "branch office" in this section.  

(b)  Prohibits a child-placing agency that is licensed or required to be
licensed under this chapter from operating a branch office in a county that
is not contiguous to the county in which the principal place of business of
the agency is located without the approval of the department.  Requires the
child-placing agency to conduct a public hearing on the proposed operation
in accordance with the department rules after notifying the department of
the date, time, and location of the hearing and publish notice of the
hearing in a newspaper of general circulation in the county in which the
branch office is to be located at the agency's expense before the
department approves the proposed operation of a branch office under this
section. 

(c)  Sets forth the requirements for publication of the notice and the
information the notice must include. 

(d)  Requires the department to require a department representative to
attend the public hearing in an official capacity for the purpose of
receiving public comments on the proposed operation of the branch office.  

(e)  Requires the department to consider the impact on the community of the
proposed child-care services to be provided and the effect on opportunities
for social interaction for the children proposed to be served by the agency
through the branch office before approving the operation of a branch office
under this section.  Requires the department to prohibit a child-placing
agency from operating a branch office under this section if the department
determines that granting the authorization would have a significant adverse
impact on the county and would limit opportunities for social interaction
for the children proposed to be served by the agency through the proposed
branch office.  

SECTION 3.  Amends Section 42.106,  Human Resources Code, by amending
Subsection (a) and adding Subsection (d), as follows: 

(a)  Provides that Subsection (d) provides an exception to this subsection.

(d) Prohibits the department from issuing or renewing a certificate to
operate under accreditation to a foster home, foster group home, agency
foster home, or agency foster group home if the limit set under Section
42.0462 for the county in which the facility is located would be exceeded
by the facility's capacity.  

SECTION 4.  Amends Subchapter E, Chapter 42, Human Resources Code, by
adding Section 42.112 to read as follows:  

Sec. 42.112.  OPERATION OF BRANCH OFFICES BY CHILD-PLACING AGENCIES.
Defines "branch office" in this section.  Prohibits a holder of a
certificate issued under Section 42.106 to operate a child-placing agency
under this subchapter from operating a branch office in a county that is
not contiguous to the county in which the principal place of business of
the agency is located without the approval of the department.  Requires the
certificate holder and the department to follow the procedures prescribed
by Section 42.0495 before the department is authorized to approve the
proposed operation of a branch office under this section.  

SECTION 5.  (a)  Requires the department to adopt the rules required by
Section 42.0462, Human Resources Code, as added by this Act, not later than
January 1, 2000. 
 
(b)  Provides that, except as provided by Subsection (c), the rules adopted
by the department under Section 42.0462, Human Resources Code, as added by
this Act, apply to a child-care  facility that is being operated before,
on, or after the effective date of this Act. 

(c)  Prohibits the rules adopted under that section from requiring the
relocation of a child residing in a child-care facility subject to the
rules immediately before the effective date of this Act, notwithstanding
Section 42.0462, Human Resources Code, as added by this Act. 
 
SECTION 6.  Makes application of Sections 42.0485 and 42.0536, Human
Resources Code, as added by this Act, prospective. 

SECTION 7.  Effective date: September 1, 1999.

SECTION 8.  Emergency clause.