1-1 By: Zaffirini S.B. No. 168
1-2 (In the Senate - Filed December 13, 2000; January 11, 2001,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; February 19, 2001, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; February 19, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to inspection by the Department of Protective and
1-9 Regulatory Services of child-care facilities, child-placing
1-10 agencies, and family homes.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 42.044, Human Resources Code, as amended
1-13 by Chapters 1022, 1063, and 1217, Acts of the 75th Legislature,
1-14 Regular Session, 1997, is reenacted and amended to read as follows:
1-15 Sec. 42.044. INSPECTIONS. (a) An authorized representative
1-16 of the department may visit a facility regulated under this chapter
1-17 or a registered family home during operating hours to investigate,
1-18 inspect, and evaluate.
1-19 (b) The department shall inspect all licensed or certified
1-20 facilities, other than child-placing agencies, at least once a year
1-21 and may inspect other facilities or registered family homes as
1-22 necessary. The department shall investigate a listed family home
1-23 when the department receives a complaint of abuse or neglect of a
1-24 child, as defined by Section 261.001, Family Code. At least one of
1-25 the annual inspections [visits] must be unannounced and all may be
1-26 unannounced.
1-27 (c) The department shall inspect all licensed child-placing
1-28 agencies at least once a year.
1-29 (d) If the department determines that a licensed child-care
1-30 facility or registered family home presents an increased risk to
1-31 children because of noncompliance with department standards, the
1-32 department shall conduct an unannounced inspection of:
1-33 (1) the licensed child-care facility at least every
1-34 seven months until the facility is no longer considered by the
1-35 department to present an increased risk to children; and
1-36 (2) the registered family home at least every 18
1-37 months until the home is no longer considered by the department to
1-38 present an increased risk to children.
1-39 (e) The department must investigate a facility regulated
1-40 under this chapter or a registered family home when a complaint is
1-41 received. The representative of the department must notify the
1-42 operator of a registered family home or the director or authorized
1-43 representative of a regulated facility when a complaint is being
1-44 investigated and report in writing the results of the investigation
1-45 to the family home's operator or to the regulated facility's
1-46 director or the director's authorized representative.
1-47 (f) [(d)] The department may call on political subdivisions
1-48 and governmental agencies for assistance within their authorized
1-49 fields.
1-50 SECTION 2. This Act takes effect September 1, 2001.
1-51 * * * * *