By Smithee H.B. No. 2825
77R8116 KKA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to continuation of an accreditation program for child-care
1-3 facilities and child-placing agencies as an alternative to state
1-4 licensure; providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter E, Chapter 42, Human Resources Code, is
1-7 reenacted and amended 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(c) [411.114(b)], Government Code, the department
3-15 may charge a child-care facility or child-placing agency a single
3-16 administrative fee in a reasonable amount that is sufficient to
3-17 cover the costs of the department in processing and acting on the
3-18 registration.
3-19 (c) The department shall process and act on a registration
3-20 not later than the 30th day after the date on which the department
3-21 receives all of the required information.
3-22 Sec. 42.105. BACKGROUND AND CRIMINAL HISTORY CHECKS. (a) An
3-23 approved accreditation organization shall obtain from the
3-24 department information from the central registry of reported cases
3-25 of child abuse or neglect established under Section 261.002, Family
3-26 Code, and information from the Department of Public Safety under
3-27 Section 411.114, Government Code, for purposes of reviewing the
4-1 general character and fitness of:
4-2 (1) a child-care administrator seeking accreditation
4-3 under Section 43.003;
4-4 (2) a person who registers with the department to
4-5 operate under this subchapter or a holder of a certificate issued
4-6 under this subchapter;
4-7 (3) an operator of a child-care facility or
4-8 child-placing agency accredited by the organization and seeking to
4-9 register with the department under Section 42.104 or issued a
4-10 certificate to operate under that accreditation under this
4-11 subchapter; and
4-12 (4) an employee of or an applicant for employment by a
4-13 child-care facility or child-placing agency accredited by the
4-14 organization and seeking to register with the department under
4-15 Section 42.104 or issued a certificate to operate under that
4-16 accreditation under this chapter.
4-17 (b) The department by rule may provide for not issuing or
4-18 not renewing a certificate to operate under accreditation or may
4-19 revoke a certificate based on the results of a background or
4-20 criminal history check conducted by the department under this
4-21 section.
4-22 Sec. 42.106. ACCEPTANCE OF ACCREDITATION INSTEAD OF LICENSE.
4-23 (a) Except as provided by Section 42.105(b), the department shall
4-24 issue a certificate to operate under accreditation to a child-care
4-25 facility or child-placing agency that registers with the department
4-26 under Section 42.104 if:
4-27 (1) the facility or agency submits all of the
5-1 information required by Section 42.104(a);
5-2 (2) the facility or agency remits any required
5-3 administrative fee under Section 42.104(b); and
5-4 (3) the department verifies that the facility or
5-5 agency is accredited by and in good standing with an approved
5-6 accreditation organization.
5-7 (b) A certificate issued under this section is not
5-8 transferrable and applies only to the operator named in the
5-9 registration.
5-10 (c) A certificate is valid for one year.
5-11 Sec. 42.107. RENEWAL OF CERTIFICATE. The department shall
5-12 provide for an annual renewal of a certificate issued to an
5-13 operator of a child-care facility or child-placing agency under
5-14 Section 42.106. The department shall renew the certificate if the
5-15 child-care facility or child-placing agency maintains accreditation
5-16 from the approved accreditation organization.
5-17 Sec. 42.108. NOTIFICATION OF REVOCATION OR WITHDRAWAL OF
5-18 ACCREDITATION. Not later than the seventh day after the date on
5-19 which an approved accreditation organization revokes or withdraws
5-20 the accreditation of a child-care facility or child-placing agency
5-21 that is exempt from licensing under this subchapter, the
5-22 organization shall notify the department of the revocation or
5-23 withdrawal.
5-24 Sec. 42.109. REVOCATION OR WITHDRAWAL OF APPROVAL TO OPERATE
5-25 UNDER ACCREDITATION. (a) A holder of a certificate issued under
5-26 Section 42.106 may not operate a child-care facility or child-care
5-27 placing agency under this subchapter if an accreditation
6-1 organization has revoked or withdrawn the accreditation of the
6-2 child-care facility or child-placing agency, unless the department
6-3 grants the holder a license under Subchapter C or a provisional
6-4 license.
6-5 (b) The department may adopt rules as necessary to implement
6-6 this section.
6-7 Sec. 42.110. AUTHORITY TO CONDUCT LIMITED INSPECTIONS. (a)
6-8 The department may inspect a child-care facility or child-placing
6-9 agency that has received a certificate to operate under
6-10 accreditation as provided by Section 42.106 if:
6-11 (1) the department has received a complaint or report
6-12 of child abuse or neglect alleged to have occurred at the facility
6-13 or agency; or
6-14 (2) the department has received a complaint indicating
6-15 that despite efforts made by an accreditation organization approved
6-16 under Section 42.103, a facility or agency certified to operate
6-17 under accreditation under Section 42.104 has violated the standards
6-18 of the accreditation organization and the violation creates an
6-19 immediate threat to the health or safety of children attending or
6-20 residing in the facility or agency.
6-21 (b) This chapter does not affect the authority of local,
6-22 regional, or state health department officials, the state fire
6-23 marshal, or local fire prevention officials to inspect a child-care
6-24 facility or child-placing agency that is certified to operate under
6-25 accreditation under this subchapter.
6-26 (c) If, as provided by Subsection (a), the department has
6-27 inspected a child-care facility or child-placing agency that has
7-1 received a certificate to operate under accreditation as provided
7-2 by Section 42.106, the department may require the facility or
7-3 agency to take appropriate corrective action to eliminate any
7-4 violations of the standards of the accreditation organization or
7-5 such other action as the department determines necessary to ensure
7-6 the health or safety of the children attending or residing in the
7-7 facility or agency. The department may continue to inspect the
7-8 facility or agency until corrective action has been taken and for
7-9 such reasonable time after corrective action to ensure continued
7-10 compliance with standards.
7-11 Sec. 42.111. EMERGENCY SUSPENSION OF CHILD-CARE FACILITY OR
7-12 CHILD-PLACING AGENCY. (a) The department shall suspend a
7-13 certificate of a child-care facility or child-placing agency issued
7-14 under Section 42.041 and, if appropriate, place the children
7-15 attending or residing in the facility or agency elsewhere if:
7-16 (1) the department finds the facility or agency is
7-17 operating in violation of the standards of its accrediting
7-18 organization; and
7-19 (2) the violation creates an immediate threat to the
7-20 health and safety of the children attending or residing in the
7-21 facility or agency.
7-22 (b) An order suspending the certificate of a child-care
7-23 facility or child-placing agency is immediately effective on the
7-24 date on which the certificate holder receives written notice or on
7-25 a later date specified in the order.
7-26 (c) An order is valid for 10 days after the effective date
7-27 of the order.
8-1 (d) The suspension of a certificate and the appeal from that
8-2 action are governed by the procedures for a contested case hearing
8-3 under Chapter 2001, Government Code.
8-4 Sec. 42.112. EXPIRATION. This subchapter expires September
8-5 1, 2007.
8-6 SECTION 2. Section 42.001, Human Resources Code, as amended
8-7 by Chapters 664 and 1063, Acts of the 75th Legislature, Regular
8-8 Session, 1997, is reenacted to read as follows:
8-9 Sec. 42.001. PURPOSE. The purpose of this chapter is to
8-10 protect the health, safety, and well-being of the children of the
8-11 state who reside in child-care facilities by establishing statewide
8-12 minimum standards for their safety and protection and by regulating
8-13 the facilities through a licensing program or by requiring
8-14 child-care facilities to be regulated by alternative accreditation
8-15 bodies. It is the policy of the state to ensure the protection of
8-16 all children under care in child-care facilities and to encourage
8-17 and assist in the improvement of child-care programs. It is also
8-18 the intent of the legislature that freedom of religion of all
8-19 citizens is inviolate. With respect to a school or child-care
8-20 facility sponsored by a religious organization, nothing in this
8-21 chapter gives a governmental agency authority to regulate, control,
8-22 supervise, or in any way be involved in the:
8-23 (1) form, manner, or content of religious instruction,
8-24 ministry, teaching, or the curriculum offered by the school or
8-25 facility;
8-26 (2) ability of the school or facility to select and
8-27 supervise qualified personnel, and otherwise control the terms of
9-1 employment, including the right to employ individuals who share the
9-2 religious views of the school or facility;
9-3 (3) internal self-governance and autonomy of the
9-4 school or facility; or
9-5 (4) religious environment of the school or facility,
9-6 such as symbols, art, icons, and scripture.
9-7 SECTION 3. The heading to Section 42.041, Human Resources
9-8 Code, is reenacted to read as follows:
9-9 Sec. 42.041. REQUIRED LICENSE OR ACCREDITATION.
9-10 SECTION 4. Sections 42.041(a) and (d), Human Resources Code,
9-11 are reenacted to read as follows:
9-12 (a) No person may operate a child-care facility or
9-13 child-placing agency without a license issued by the department or
9-14 a certificate to operate under accreditation issued by the
9-15 department under Subchapter E.
9-16 (d) Unless accredited under Subchapter E, a facility exempt
9-17 from the provisions of Subsection (a) of this section that desires
9-18 to receive or participate in federal or state funding shall be
9-19 required to comply with all other provisions of this chapter and
9-20 with all regulations promulgated under this chapter.
9-21 SECTION 5. Section 42.076(a), Human Resources Code, is
9-22 reenacted to read as follows:
9-23 (a) A person who operates a child-care facility or
9-24 child-placing agency without a license or certificate to operate
9-25 under accreditation under Subchapter E commits a Class B
9-26 misdemeanor.
9-27 SECTION 6. Section 43.003, Human Resources Code, is reenacted
10-1 to read as follows:
10-2 Sec. 43.003. LICENSE OR ACCREDITATION REQUIRED. (a) Except
10-3 as provided by Subsections (b) and (c) of this section, a person
10-4 may not serve as a child-care administrator of a child-care
10-5 institution without a license issued by the department under this
10-6 chapter.
10-7 (b) A person who is not licensed under this chapter may
10-8 serve as the child-care administrator of an emergency shelter
10-9 located in a county with a population of less than 40,000 if the
10-10 governing body of the shelter by resolution adopted by a majority
10-11 vote of the membership of the governing body certifies that the
10-12 shelter has made a reasonable effort to hire a licensed child-care
10-13 administrator but is unable to hire a licensed child-care
10-14 administrator.
10-15 (c) A person may serve as the child-care administrator of a
10-16 child-care institution if the person is accredited by a private
10-17 organization that has qualifications that apply to the child-care
10-18 administrators and that meet or exceed the state's qualifications,
10-19 as determined by the department, with the exception of those
10-20 qualifications relating to the internal self-governance of the
10-21 child-care institution and to the curriculum, teaching, or
10-22 instruction of the institution. This subsection applies only to a
10-23 child-care institution that operates under a certificate to operate
10-24 under accreditation issued by the department under Subchapter E,
10-25 Chapter 42.
10-26 SECTION 7. Section 411.114(a)(2), Government Code, is
10-27 reenacted to read as follows:
11-1 (2) The Department of Protective and Regulatory
11-2 Services shall obtain from the department criminal history record
11-3 information maintained by the department that relates to a person
11-4 who is:
11-5 (A) an applicant for a license, registration, or
11-6 certification under Chapter 42, Human Resources Code, or a person
11-7 who registers with or has been issued a certificate to operate
11-8 under accreditation by the Department of Protective and Regulatory
11-9 Services under Subchapter E, Chapter 42, Human Resources Code;
11-10 (B) an owner or employee of or an applicant for
11-11 employment by a child-care facility or family home licensed,
11-12 registered, or certified under Chapter 42, Human Resources Code, or
11-13 by a child-care facility or child-placing agency that is seeking to
11-14 register with or has been issued a certificate to operate under
11-15 accreditation by the Department of Protective and Regulatory
11-16 Services under Subchapter E, Chapter 42, Human Resources Code;
11-17 (C) a resident of a registered family home, but
11-18 not a child in the home's care or a parent of the child;
11-19 (D) an applicant for a position with the
11-20 Department of Protective and Regulatory Services, the duties of
11-21 which include direct delivery of protective services to children,
11-22 elderly persons, or persons with a disability;
11-23 (E) an employee of, an applicant for employment
11-24 with, or a volunteer or an applicant volunteer with a business
11-25 entity or person that contracts with the Department of Protective
11-26 and Regulatory Services to provide direct delivery of protective
11-27 services to children, elderly persons, or persons with a
12-1 disability, if the person's duties or responsibilities include
12-2 direct contact with children, elderly persons, or persons with a
12-3 disability;
12-4 (F) a volunteer or applicant volunteer with the
12-5 Department of Protective and Regulatory Services;
12-6 (G) a person providing or applying to provide
12-7 adoptive or foster care for children in the care of the Department
12-8 of Protective and Regulatory Services and other adults living with
12-9 that person in the residence in which the child will reside;
12-10 (H) a Department of Protective and Regulatory
12-11 Services employee who is engaged in the direct delivery of
12-12 protective services to children, elderly persons, or persons with a
12-13 disability;
12-14 (I) a person who is the subject of a report the
12-15 department receives alleging that the person has abused or
12-16 neglected a child, an elderly person, or a person with a
12-17 disability, provided that report has proven to have merit;
12-18 (J) a relative providing or applying to provide
12-19 in-home care for a child in the care of the Department of
12-20 Protective and Regulatory Services and other adults living with
12-21 that relative in the residence in which the child will reside;
12-22 (K) a person providing child care for a child
12-23 who is in the care of the Department of Protective and Regulatory
12-24 Services and who is or will be receiving adoptive, foster, or
12-25 in-home care;
12-26 (L) through a contract with a nonprofit
12-27 management center, an employee of, an applicant for employment
13-1 with, or a volunteer or an applicant volunteer with a nonprofit,
13-2 tax-exempt organization that provides any service that involves the
13-3 care of or access to children, elderly persons, or persons with a
13-4 disability;
13-5 (M) an operator of a child-care facility or
13-6 child-placing agency that is seeking to register with or has been
13-7 issued a certificate to operate under accreditation by the
13-8 Department of Protective and Regulatory Services under Subchapter
13-9 E, Chapter 42, Human Resources Code, subject to Section 42.105,
13-10 Human Resources Code; or
13-11 (N) a child-care administrator seeking
13-12 accreditation as provided by Section 43.003, Human Resources Code.
13-13 SECTION 8. This Act takes effect immediately if it receives
13-14 a vote of two-thirds of all the members elected to each house, as
13-15 provided by Section 39, Article III, Texas Constitution. If this
13-16 Act does not receive the vote necessary for immediate effect, this
13-17 Act takes effect September 1, 2001.