By: Moncrief S.B. No. 1238
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creation of a voluntary child-care registry for certain
1-3 child-care providers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle D, Title 2, Human Resources Code, is
1-6 amended by adding Chapter 41 to read as follows:
1-7 CHAPTER 41. CHILD-CARE VOLUNTARY REGISTRY
1-8 Sec. 41.001. DEFINITIONS. In this chapter:
1-9 (1) "Child-care provider" means an individual who is
1-10 at least 18 years of age and who provides child care or supervision
1-11 to a minor and includes a babysitter, nanny, and au pair.
1-12 (2) "Registered child-care provider" means a
1-13 child-care provider who is registered by the department and listed
1-14 in the registry.
1-15 (3) "Registry" means the registry established under
1-16 Section 41.002.
1-17 Sec. 41.002. CREATION OF VOLUNTARY CHILD-CARE REGISTRY.
1-18 (a) The department shall establish and maintain a voluntary
1-19 registry of child-care providers who meet the requirements of this
1-20 chapter.
1-21 (b) Registration of a child-care provider under this chapter
1-22 is voluntary.
1-23 Sec. 41.003. ADMINISTRATION OF CHAPTER. The department
1-24 shall make rules, employ sufficient personnel, and provide training
1-25 for the personnel to carry out the provisions of this chapter. The
2-1 department shall also provide standard forms for applications and
2-2 for the submission of fingerprints.
2-3 Sec. 41.004. APPLICATION PROCEDURE. (a) An applicant for
2-4 registration in the registry shall submit to the department:
2-5 (1) a completed application on a form provided by the
2-6 department;
2-7 (2) a set of legible and classifiable fingerprints;
2-8 and
2-9 (3) the appropriate fee prescribed by Section 41.010.
2-10 (b) The application for registration must:
2-11 (1) state the applicant's name, including married and
2-12 maiden names and all aliases of the applicant, address, telephone
2-13 number, age, place of birth, Texas driver's license number or
2-14 identification number, and social security number, and resident
2-15 alien number, if applicable;
2-16 (2) disclose any arrest or conviction of the applicant
2-17 for a misdemeanor or a felony or any civil order or judgment
2-18 involving domestic violence or child abuse;
2-19 (3) state the educational history and training of the
2-20 applicant, including whether the applicant has received training in
2-21 the prevention of shaken baby syndrome and sudden infant death
2-22 syndrome, risk reduction, cardiopulmonary resuscitation, and early
2-23 brain development; and
2-24 (4) provide any other information requested by the
2-25 department.
2-26 (c) After receiving the application, fingerprints, and fee
3-1 as provided under Subsection (a), the department shall complete the
3-2 background and criminal history check required by Section 41.005.
3-3 (d) An applicant must obtain the sets of fingerprints from
3-4 an agency authorized by law to take fingerprints. The agency may
3-5 charge a reasonable fee to cover the costs of fingerprinting.
3-6 Sec. 41.005. BACKGROUND AND CRIMINAL HISTORY CHECKS. The
3-7 department shall conduct a background and criminal history check on
3-8 an applicant using information provided by the:
3-9 (1) application under Section 41.004;
3-10 (2) central registry of reported cases of child abuse
3-11 or neglect established under Section 261.002, Family Code;
3-12 (3) Department of Public Safety of the State of Texas
3-13 under Section 411.114, Government Code;
3-14 (4) Federal Bureau of Investigation or other criminal
3-15 justice agency under Section 411.087, Government Code; and
3-16 (5) department records of reported abuse and neglect.
3-17 (b) The background and criminal history check shall be
3-18 completed and the application for registration accepted or denied
3-19 not later than two months after the date the department received
3-20 the application except where delayed by the response time of the
3-21 Federal Bureau of Investigation or in the case of a pending
3-22 investigation.
3-23 Sec. 41.006. DENIAL OF APPLICATION FOR REGISTRATION.
3-24 (a) The department shall deny the application for registration in
3-25 the registry if the department determines that the applicant:
3-26 (1) has not furnished all required information to the
4-1 department;
4-2 (2) has not paid the appropriate fee prescribed by
4-3 Section 41.010;
4-4 (3) is a person with a criminal history according to
4-5 information made available by the Department of Public Safety of
4-6 the State of Texas under Section 411.114, Government Code;
4-7 (4) is a person with a criminal history according to
4-8 information made available by the Federal Bureau of Investigation
4-9 or other criminal justice agency under Section 411.087, Government
4-10 Code; or
4-11 (5) is listed in the department's records of reported
4-12 abuse and neglect as a person who abused or neglected a child.
4-13 (b) The department may make provisions governing the right
4-14 of appeal by an applicant from the denial of an application for
4-15 registration under this section.
4-16 Sec. 41.007. REGISTRATION. If the department determines
4-17 that no grounds to deny the person's application under Section
4-18 41.006 exist, the department shall register the applicant and
4-19 notify the applicant of the registration. A registration remains
4-20 valid until revoked or surrendered.
4-21 Sec. 41.008. REVOCATION OF REGISTRATION. (a) The
4-22 department shall revoke the registration of a registered child-care
4-23 provider if the provider:
4-24 (1) is convicted of a crime for which an application
4-25 for registration would have been denied under Section 41.006;
4-26 (2) is determined by the department to be a person who
5-1 has abused or neglected a child; or
5-2 (3) does not comply with the requirements of this
5-3 chapter, the rules of the department, or the specific terms of the
5-4 registration.
5-5 (b) If the department revokes a registration, the child-care
5-6 provider's listing as a registered child-care provider shall be
5-7 removed from the registry.
5-8 Sec. 41.009. UPDATE OF REGISTRY. The department shall
5-9 continually update the registry to reflect criminal convictions and
5-10 substantiated child abuse information concerning registered
5-11 child-care providers.
5-12 Sec. 41.010. FEES. (a) The department by rule shall
5-13 require an applicant to pay to the department a fee in an amount
5-14 not to exceed the administrative costs the department incurs in
5-15 conducting a background and criminal history check under Section
5-16 41.005.
5-17 (b) Fees authorized by this chapter and received by the
5-18 department shall be retained by the department for the purpose of
5-19 administering the child-care registry.
5-20 Sec. 41.011. INFORMATION PROVIDED. (a) An individual may
5-21 receive information about a registered child-care provider from the
5-22 department if the individual provides to the department the name
5-23 and the Texas driver's license number or state identification
5-24 number of the registered child-care provider.
5-25 (b) The information provided about a registered child-care
5-26 provider by the department shall include:
6-1 (1) the name, address, telephone number, age, and
6-2 place of birth of the registered child-care provider;
6-3 (2) the date of registration;
6-4 (3) a statement as to whether the registered
6-5 child-care provider has received training in the prevention of
6-6 shaken baby syndrome and sudden infant death syndrome, risk
6-7 reduction, cardiopulmonary resuscitation, and early brain
6-8 development; and
6-9 (4) a general description of the background and
6-10 criminal history check to which applicants for registration are
6-11 subjected.
6-12 Sec. 41.012. TOLL-FREE TELEPHONE NUMBER. The department
6-13 shall provide a toll-free telephone number for use by the public to
6-14 obtain access to registry information. A caller may inquire
6-15 whether an individual is a registered child-care provider and may
6-16 receive the information available under Section 41.011.
6-17 Sec. 41.013. PROMOTION OF REGISTRY. The department shall
6-18 develop a plan to publicize the availability, benefits, and methods
6-19 of accessing the registry and to distribute applications for
6-20 registration.
6-21 Sec. 41.014. ACCESS TO REGISTRY. The department shall
6-22 prepare and maintain a written plan that describes how persons who
6-23 do not speak English can be provided reasonable access to the
6-24 registry.
6-25 Sec. 41.015. REFERRAL BY PRIVATE EMPLOYMENT AGENCY. A
6-26 private employment agency shall only refer for employment as a
7-1 child-care provider an individual who is a registered child-care
7-2 provider under this chapter.
7-3 SECTION 2. Subdivision (2), Subsection (a), Section 411.114,
7-4 Government Code, is amended to read as follows:
7-5 (2) The Department of Protective and Regulatory
7-6 Services shall obtain from the department criminal history record
7-7 information maintained by the department that relates to a person
7-8 who is:
7-9 (A) an applicant for a license, registration, or
7-10 certification under Chapter 42, Human Resources Code, or a person
7-11 who registers with or has been issued a certificate to operate
7-12 under accreditation by the Department of Protective and Regulatory
7-13 Services under Subchapter E, Chapter 42, Human Resources Code;
7-14 (B) an owner or employee of or an applicant for
7-15 employment by a child-care facility or family home licensed,
7-16 registered, or certified under Chapter 42, Human Resources Code, or
7-17 by a child-care facility or child-placing agency that is seeking to
7-18 register with or has been issued a certificate to operate under
7-19 accreditation by the Department of Protective and Regulatory
7-20 Services under Subchapter E, Chapter 42, Human Resources Code;
7-21 (C) a resident of a registered family home, but
7-22 not a child in the home's care or a parent of the child;
7-23 (D) an applicant for a position with the
7-24 Department of Protective and Regulatory Services, the duties of
7-25 which include direct delivery of protective services to children,
7-26 elderly persons, or persons with a disability;
8-1 (E) an employee of, an applicant for employment
8-2 with, or a volunteer or an applicant volunteer with a business
8-3 entity or person that contracts with the Department of Protective
8-4 and Regulatory Services to provide direct delivery of protective
8-5 services to children, elderly persons, or persons with a
8-6 disability, if the person's duties or responsibilities include
8-7 direct contact with children, elderly persons, or persons with a
8-8 disability;
8-9 (F) a volunteer or applicant volunteer with the
8-10 Department of Protective and Regulatory Services;
8-11 (G) a person providing or applying to provide
8-12 adoptive or foster care for children in the care of the Department
8-13 of Protective and Regulatory Services and other adults living with
8-14 that person in the residence in which the child will reside;
8-15 (H) a Department of Protective and Regulatory
8-16 Services employee who is engaged in the direct delivery of
8-17 protective services to children, elderly persons, or persons with a
8-18 disability;
8-19 (I) a person who is the subject of a report the
8-20 department receives alleging that the person has abused or
8-21 neglected a child, an elderly person, or a person with a
8-22 disability, provided that report has proven to have merit;
8-23 (J) a relative providing or applying to provide
8-24 in-home care for a child in the care of the Department of
8-25 Protective and Regulatory Services and other adults living with
8-26 that relative in the residence in which the child will reside;
9-1 (K) a person providing child care for a child
9-2 who is in the care of the Department of Protective and Regulatory
9-3 Services and who is or will be receiving adoptive, foster, or
9-4 in-home care;
9-5 (L) through a contract with a nonprofit
9-6 management center, an employee of, an applicant for employment
9-7 with, or a volunteer or an applicant volunteer with a nonprofit,
9-8 tax-exempt organization that provides any service that involves the
9-9 care of or access to children, elderly persons, or persons with a
9-10 disability;
9-11 (M) an operator of a child-care facility or
9-12 child-placing agency that is seeking to register with or has been
9-13 issued a certificate to operate under accreditation by the
9-14 Department of Protective and Regulatory Services under Subchapter
9-15 E, Chapter 42, Human Resources Code, subject to Section 42.105,
9-16 Human Resources Code; [or]
9-17 (N) a child-care administrator seeking
9-18 accreditation as provided by Section 43.003, Human Resources Code;
9-19 or
9-20 (O) a person who is an applicant for
9-21 registration or is registered in the child-care registry under
9-22 Chapter 41, Human Resources Code.
9-23 SECTION 3. This Act takes effect September 1, 2001.