77R11627 KKA-F
By Moncrief S.B. No. 1238
Substitute the following for S.B. No. 1238:
By Naishtat C.S.S.B. No. 1238
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a voluntary child-care registry for
1-3 certain 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. VOLUNTARY CHILD-CARE 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 child 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 this chapter.
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. RULES; ADMINISTRATION OF CHAPTER. (a) The
1-24 department shall adopt rules, employ sufficient personnel, and
2-1 provide training for the personnel to carry out this chapter.
2-2 (b) The department shall adopt and provide standard forms
2-3 for applications and for the submission of fingerprints.
2-4 Sec. 41.004. APPLICATION. (a) An applicant for
2-5 registration in the registry shall submit to the department:
2-6 (1) a completed application;
2-7 (2) a set of legible and classifiable fingerprints;
2-8 and
2-9 (3) the appropriate fee prescribed by the department
2-10 under Section 41.010.
2-11 (b) The application must:
2-12 (1) state the applicant's name, including married and
2-13 maiden names and all aliases of the applicant, address, telephone
2-14 number, age, place of birth, Texas driver's license number or
2-15 identification number, social security number, and resident alien
2-16 number, if applicable;
2-17 (2) disclose:
2-18 (A) any arrest or conviction of the applicant
2-19 for a misdemeanor or a felony; or
2-20 (B) any civil order or judgment involving
2-21 domestic violence or child abuse;
2-22 (3) state the educational history and training of the
2-23 applicant, including whether the applicant has received training in
2-24 the prevention of shaken baby syndrome and sudden infant death
2-25 syndrome, risk reduction, cardiopulmonary resuscitation, and early
2-26 brain development; and
2-27 (4) provide any other information required by the
3-1 department.
3-2 (c) After receiving the application, fingerprints, and fee
3-3 as provided by Subsection (a), the department shall complete the
3-4 background and criminal history check required by Section 41.005.
3-5 (d) An applicant must obtain the sets of fingerprints from
3-6 an agency authorized by law to take fingerprints. The agency may
3-7 charge a reasonable fee to cover the costs of fingerprinting.
3-8 Sec. 41.005. BACKGROUND AND CRIMINAL HISTORY CHECK.
3-9 (a) The department shall conduct a background and criminal history
3-10 check on an applicant using information provided through the:
3-11 (1) applicant's application;
3-12 (2) central registry of reported cases of child abuse
3-13 or neglect established under Section 261.002, Family Code;
3-14 (3) Department of Public Safety under Section 411.114,
3-15 Government Code;
3-16 (4) Federal Bureau of Investigation or other criminal
3-17 justice agency under Section 411.087, Government Code; and
3-18 (5) department records of reported abuse and neglect.
3-19 (b) The department shall complete the background and
3-20 criminal history check and accept or deny the application for
3-21 registration not later than the 60th day after the date the
3-22 department received the application, except where delayed by the
3-23 response time of the Federal Bureau of Investigation or in the case
3-24 of a pending investigation.
3-25 Sec. 41.006. DENIAL OF APPLICATION. (a) The department
3-26 shall deny an application for registration in the registry if the
3-27 department determines that the applicant:
4-1 (1) has not furnished all required information to the
4-2 department;
4-3 (2) has not paid the appropriate fee prescribed by the
4-4 department under Section 41.010;
4-5 (3) is a person with a criminal history according to
4-6 information made available by the Department of Public Safety under
4-7 Section 411.114, Government Code, or the Federal Bureau of
4-8 Investigation or other criminal justice agency under Section
4-9 411.087, Government Code, that indicates that the person may lack
4-10 the qualities necessary to serve as a safe and reliable child-care
4-11 provider, as determined by the department; or
4-12 (4) is listed in the department's records of reported
4-13 abuse and neglect as a person who abused or neglected a child.
4-14 (b) The department may provide for an applicant's right to
4-15 appeal the denial of an application for registration under this
4-16 section.
4-17 Sec. 41.007. REGISTRATION. (a) If the department determines
4-18 that there is no basis to deny an application under Section 41.006,
4-19 the department shall register the applicant and notify the
4-20 applicant of the registration.
4-21 (b) A registration remains valid until revoked or
4-22 surrendered.
4-23 Sec. 41.008. REVOCATION OF REGISTRATION. (a) The
4-24 department shall revoke the registration of a registered child-care
4-25 provider if the provider:
4-26 (1) is convicted of a crime for which an application
4-27 for registration would have been denied under Section 41.006;
5-1 (2) is determined by the department to be a person who
5-2 has abused or neglected a child; or
5-3 (3) does not comply with the requirements of this
5-4 chapter, the rules of the department, or the specific terms of the
5-5 registration.
5-6 (b) If the department revokes a registration, the department
5-7 shall remove the child-care provider 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 may be appropriated only to the department for the
5-19 purpose of administering the registry.
5-20 Sec. 41.011. PROVISION OF REGISTRY INFORMATION TO THE
5-21 PUBLIC. (a) A person may receive information about a registered
5-22 child-care provider from the department if the person provides to
5-23 the department the name and the Texas driver's license number or
5-24 state identification 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:
5-27 (1) the name, address, telephone number, age, and
6-1 place of birth of the registered child-care provider;
6-2 (2) the date of registration;
6-3 (3) a statement as to whether the registered
6-4 child-care provider has received training in the prevention of
6-5 shaken baby syndrome and sudden infant death syndrome, risk
6-6 reduction, cardiopulmonary resuscitation, and early brain
6-7 development; and
6-8 (4) a general description of the background and
6-9 criminal history check conducted by the department for each
6-10 applicant for registration.
6-11 Sec. 41.012. TOLL-FREE TELEPHONE NUMBER. The department
6-12 shall provide a toll-free telephone number for use by the public to
6-13 obtain access to registry information. A caller may inquire
6-14 whether an individual is a registered child-care provider and may
6-15 receive the information available under Section 41.011.
6-16 Sec. 41.013. PROMOTION OF REGISTRY. The department shall
6-17 develop a plan to:
6-18 (1) publicize the availability, benefits, and methods
6-19 of accessing the registry; and
6-20 (2) distribute applications for 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 SECTION 2. Section 411.114(a)(2), Government Code, is amended
6-26 to read as follows:
6-27 (2) The Department of Protective and Regulatory
7-1 Services shall obtain from the department criminal history record
7-2 information maintained by the department that relates to a person
7-3 who is:
7-4 (A) an applicant for a license, registration, or
7-5 certification under Chapter 42, Human Resources Code, or a person
7-6 who registers with or has been issued a certificate to operate
7-7 under accreditation by the Department of Protective and Regulatory
7-8 Services under Subchapter E, Chapter 42, Human Resources Code;
7-9 (B) an owner or employee of or an applicant for
7-10 employment by a child-care facility or family home licensed,
7-11 registered, or certified under Chapter 42, Human Resources Code, or
7-12 by a child-care facility or child-placing agency that is seeking to
7-13 register with or has been issued a certificate to operate under
7-14 accreditation by the Department of Protective and Regulatory
7-15 Services under Subchapter E, Chapter 42, Human Resources Code;
7-16 (C) a resident of a registered family home, but
7-17 not a child in the home's care or a parent of the child;
7-18 (D) an applicant for a position with the
7-19 Department of Protective and Regulatory Services, the duties of
7-20 which include direct delivery of protective services to children,
7-21 elderly persons, or persons with a disability;
7-22 (E) an employee of, an applicant for employment
7-23 with, or a volunteer or an applicant volunteer with a business
7-24 entity or person that contracts with the Department of Protective
7-25 and Regulatory Services to provide direct delivery of protective
7-26 services to children, elderly persons, or persons with a
7-27 disability, if the person's duties or responsibilities include
8-1 direct contact with children, elderly persons, or persons with a
8-2 disability;
8-3 (F) a volunteer or applicant volunteer with the
8-4 Department of Protective and Regulatory Services;
8-5 (G) a person providing or applying to provide
8-6 adoptive or foster care for children in the care of the Department
8-7 of Protective and Regulatory Services and other adults living with
8-8 that person in the residence in which the child will reside;
8-9 (H) a Department of Protective and Regulatory
8-10 Services employee who is engaged in the direct delivery of
8-11 protective services to children, elderly persons, or persons with a
8-12 disability;
8-13 (I) a person who is the subject of a report the
8-14 department receives alleging that the person has abused or
8-15 neglected a child, an elderly person, or a person with a
8-16 disability, provided that report has proven to have merit;
8-17 (J) a relative providing or applying to provide
8-18 in-home care for a child in the care of the Department of
8-19 Protective and Regulatory Services and other adults living with
8-20 that relative in the residence in which the child will reside;
8-21 (K) a person providing child care for a child
8-22 who is in the care of the Department of Protective and Regulatory
8-23 Services and who is or will be receiving adoptive, foster, or
8-24 in-home care;
8-25 (L) through a contract with a nonprofit
8-26 management center, an employee of, an applicant for employment
8-27 with, or a volunteer or an applicant volunteer with a nonprofit,
9-1 tax-exempt organization that provides any service that involves the
9-2 care of or access to children, elderly persons, or persons with a
9-3 disability;
9-4 (M) an operator of a child-care facility or
9-5 child-placing agency that is seeking to register with or has been
9-6 issued a certificate to operate under accreditation by the
9-7 Department of Protective and Regulatory Services under Subchapter
9-8 E, Chapter 42, Human Resources Code, subject to Section 42.105,
9-9 Human Resources Code; [or]
9-10 (N) a child-care administrator seeking
9-11 accreditation as provided by Section 43.003, Human Resources Code;
9-12 or
9-13 (O) an applicant for registration or is
9-14 registered in the child-care registry under Chapter 41, Human
9-15 Resources Code.
9-16 SECTION 3. This Act takes effect September 1, 2001.