By Zaffirini                                           S.B. No. 168
         77R2843 KKA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to inspection by the Department of Protective and
 1-3     Regulatory Services of child-care facilities, child-placing
 1-4     agencies, and family homes.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 42.044, Human Resources Code, as amended
 1-7     by Chapters 1022, 1063, and 1217, Acts of the 75th Legislature,
 1-8     Regular Session, 1997, is reenacted and amended to read as follows:
 1-9           Sec. 42.044.  INSPECTIONS. (a)  An authorized representative
1-10     of the department may visit a facility regulated under this chapter
1-11     or a registered family home during operating hours to investigate,
1-12     inspect, and evaluate.
1-13           (b)  The department shall inspect all licensed or certified
1-14     facilities, other than child-placing agencies, at least once a year
1-15     and may inspect other facilities or  registered family homes as
1-16     necessary.  The department shall investigate a listed family home
1-17     when the department receives a complaint of abuse or neglect of a
1-18     child, as defined by Section 261.001, Family Code. At least one of
1-19     the annual inspections [visits] must be unannounced and all may be
1-20     unannounced.
1-21           (c)  The department shall inspect all licensed child-placing
1-22     agencies at least once a year.
1-23           (d)  If the department determines that a licensed child-care
1-24     facility or registered family home presents an increased risk to
 2-1     children because of noncompliance with department standards, the
 2-2     department shall conduct an unannounced inspection of:
 2-3                 (1)  the licensed child-care facility at least every
 2-4     seven months until the facility is no longer considered by the
 2-5     department to present an increased risk to children; and
 2-6                 (2)  the registered family home at least every 18
 2-7     months until the home is no longer considered by the department to
 2-8     present an increased risk to children.
 2-9           (e)  The department must investigate a facility regulated
2-10     under this chapter or a registered family home when a complaint is
2-11     received.  The representative of the department must notify the
2-12     operator of a registered family home or the director or authorized
2-13     representative of a regulated facility when a complaint is being
2-14     investigated and report in writing the results of the investigation
2-15     to the family home's operator or to the regulated facility's
2-16     director or the director's authorized representative.
2-17           (f) [(d)]  The department may call on political subdivisions
2-18     and governmental agencies for assistance within their authorized
2-19     fields.
2-20           SECTION 2. This Act takes effect September 1, 2001.