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                                  * * * * *