By: Moncrief S.B. No. 1238
2001S0294/1
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creation of a 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 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. The department shall establish and
1-18 maintain a registry of child-care providers who meet the
1-19 requirements of this chapter.
1-20 Sec. 41.003. ADMINISTRATION OF CHAPTER. The department
1-21 shall make rules, employ sufficient personnel, and provide training
1-22 for the personnel to carry out the provisions of this chapter. The
1-23 department shall also provide standard forms for applications and
1-24 for the submission of fingerprints.
1-25 Sec. 41.004. APPLICATION PROCEDURE. (a) An applicant for
2-1 registration in the registry shall submit to the department:
2-2 (1) a completed application on a form provided by the
2-3 department;
2-4 (2) a set of legible and classifiable fingerprints;
2-5 and
2-6 (3) the appropriate fee prescribed by Section 41.010.
2-7 (b) The application for registration must:
2-8 (1) state the applicant's name, address, telephone
2-9 number, age, place of birth, Texas driver's license number or
2-10 identification number, and social security number;
2-11 (2) disclose any arrest or conviction of the applicant
2-12 for a misdemeanor or a felony;
2-13 (3) state the educational history and training of the
2-14 applicant, including whether the applicant has received training in
2-15 the prevention of shaken baby syndrome; and
2-16 (4) provide any other information requested by the
2-17 department.
2-18 (c) After receiving the application, fingerprints, and fee
2-19 as provided under Subsection (a), the department shall complete the
2-20 background and criminal history check required by Section 41.005.
2-21 (d) An applicant must obtain the sets of fingerprints from
2-22 an agency authorized by law to take fingerprints. The agency may
2-23 charge a reasonable fee to cover the costs of fingerprinting.
2-24 Sec. 41.005. BACKGROUND AND CRIMINAL HISTORY CHECKS. The
2-25 department shall conduct a background and criminal history check on
2-26 an applicant using information provided by the:
3-1 (1) application under Section 41.004;
3-2 (2) central registry of reported cases of child abuse
3-3 or neglect established under Section 261.002, Family Code;
3-4 (3) Department of Public Safety of the State of Texas
3-5 under Section 411.114, Government Code;
3-6 (4) Federal Bureau of Investigation or other criminal
3-7 justice agency under Section 411.087, Government Code; and
3-8 (5) department records of reported abuse and neglect.
3-9 (b) The background and criminal history check shall be
3-10 completed and the application for registration accepted or denied
3-11 not later than two months after the date the department received
3-12 the application.
3-13 Sec. 41.006. DENIAL OF APPLICATION FOR REGISTRATION.
3-14 (a) The department shall deny the application for registration in
3-15 the registry if the department determines that the applicant:
3-16 (1) has not furnished all required information to the
3-17 department;
3-18 (2) has not paid the appropriate fee prescribed by
3-19 Section 41.010;
3-20 (3) is listed in the central registry of reported
3-21 cases of child abuse or neglect established under Section 261.002,
3-22 Family Code, as a person who abused or neglected a child;
3-23 (4) is a person with a criminal history according to
3-24 information made available by the Department of Public Safety of
3-25 the State of Texas under Section 411.114, Government Code;
3-26 (5) is a person with a criminal history according to
4-1 information made available by the Federal Bureau of Investigation
4-2 or other criminal justice agency under Section 411.087, Government
4-3 Code; or
4-4 (6) is listed in the department's records of reported
4-5 abuse and neglect as a person who abused or neglected a child.
4-6 (b) The department may make provisions governing the right
4-7 of appeal by an applicant from the denial of an application for
4-8 registration under this section.
4-9 Sec. 41.007. REGISTRATION. (a) If the department
4-10 determines that no grounds to deny the person's application under
4-11 Section 41.006 exist, the department shall register the applicant
4-12 and notify the applicant of the registration. A registration
4-13 remains valid until revoked or surrendered.
4-14 Sec. 41.008. REVOCATION OF REGISTRATION. (a) The
4-15 department shall revoke the registration of a registered child-care
4-16 provider if the provider:
4-17 (1) is convicted of a crime for which an application
4-18 for registration would have been denied under Section 41.006;
4-19 (2) is determined by the department to be a person who
4-20 has abused or neglected a child; or
4-21 (3) does not comply with the requirements of this
4-22 chapter, the rules of the department, or the specific terms of the
4-23 registration.
4-24 (b) If the department revokes a registration, the child-care
4-25 provider's listing as a registered child-care provider shall be
4-26 removed from the registry.
5-1 Sec. 41.009. UPDATE OF REGISTRY. The department shall
5-2 continually update the registry to reflect criminal convictions and
5-3 substantiated child abuse information concerning registered
5-4 child-care providers.
5-5 Sec. 41.010. FEES. (a) The department by rule shall
5-6 require an applicant to pay to the department a fee in an amount
5-7 not to exceed the administrative costs the department incurs in
5-8 conducting a background and criminal history check under Section
5-9 41.005.
5-10 (b) Fees authorized by this chapter and received by the
5-11 department shall be deposited in the general revenue fund.
5-12 Sec. 41.011. INFORMATION PROVIDED. (a) An individual may
5-13 receive information about a registered child-care provider from the
5-14 department if the individual provides to the department the name
5-15 and the Texas driver's license number or state identification
5-16 number of the registered child-care provider.
5-17 (b) The information provided about a registered child-care
5-18 provider by the department shall include:
5-19 (1) the name, address, telephone number, age, and
5-20 place of birth of the registered child-care provider;
5-21 (2) the date of registration;
5-22 (3) a statement as to whether the registered
5-23 child-care provider has received training in the prevention of
5-24 shaken baby syndrome; and
5-25 (4) a general description of the background and
5-26 criminal history check to which applicants for registration are
6-1 subjected.
6-2 Sec. 41.012. TOLL-FREE TELEPHONE NUMBER. The department
6-3 shall provide a toll-free telephone number for use by the public to
6-4 obtain access to registry information. A caller may inquire
6-5 whether an individual is a registered child-care provider and may
6-6 receive the information available under Section 41.011.
6-7 Sec. 41.013. PROMOTION OF REGISTRY. The department shall
6-8 develop a plan to publicize the availability, benefits, and methods
6-9 of accessing the registry and to distribute applications for
6-10 registration.
6-11 Sec. 41.014. ACCESS TO REGISTRY. The department shall
6-12 prepare and maintain a written plan that describes how persons who
6-13 do not speak English can be provided reasonable access to the
6-14 registry.
6-15 Sec. 41.015. REFERRAL BY PRIVATE EMPLOYMENT AGENCY. A
6-16 private employment agency shall only refer for employment as a
6-17 child-care provider an individual who is a registered child-care
6-18 provider under this chapter.
6-19 SECTION 2. Subdivision (2), Subsection (a), Section 411.114,
6-20 Government Code, is amended to read as follows:
6-21 (2) The Department of Protective and Regulatory
6-22 Services shall obtain from the department criminal history record
6-23 information maintained by the department that relates to a person
6-24 who is:
6-25 (A) an applicant for a license, registration, or
6-26 certification under Chapter 42, Human Resources Code, or a person
7-1 who registers with or has been issued a certificate to operate
7-2 under accreditation by the Department of Protective and Regulatory
7-3 Services under Subchapter E, Chapter 42, Human Resources Code;
7-4 (B) an owner or employee of or an applicant for
7-5 employment by a child-care facility or family home licensed,
7-6 registered, or certified under Chapter 42, Human Resources Code, or
7-7 by a child-care facility or child-placing agency that is seeking to
7-8 register with or has been issued a certificate to operate under
7-9 accreditation by the Department of Protective and Regulatory
7-10 Services under Subchapter E, Chapter 42, Human Resources Code;
7-11 (C) a resident of a registered family home, but
7-12 not a child in the home's care or a parent of the child;
7-13 (D) an applicant for a position with the
7-14 Department of Protective and Regulatory Services, the duties of
7-15 which include direct delivery of protective services to children,
7-16 elderly persons, or persons with a disability;
7-17 (E) an employee of, an applicant for employment
7-18 with, or a volunteer or an applicant volunteer with a business
7-19 entity or person that contracts with the Department of Protective
7-20 and Regulatory Services to provide direct delivery of protective
7-21 services to children, elderly persons, or persons with a
7-22 disability, if the person's duties or responsibilities include
7-23 direct contact with children, elderly persons, or persons with a
7-24 disability;
7-25 (F) a volunteer or applicant volunteer with the
7-26 Department of Protective and Regulatory Services;
8-1 (G) a person providing or applying to provide
8-2 adoptive or foster care for children in the care of the Department
8-3 of Protective and Regulatory Services and other adults living with
8-4 that person in the residence in which the child will reside;
8-5 (H) a Department of Protective and Regulatory
8-6 Services employee who is engaged in the direct delivery of
8-7 protective services to children, elderly persons, or persons with a
8-8 disability;
8-9 (I) a person who is the subject of a report the
8-10 department receives alleging that the person has abused or
8-11 neglected a child, an elderly person, or a person with a
8-12 disability, provided that report has proven to have merit;
8-13 (J) a relative providing or applying to provide
8-14 in-home care for a child in the care of the Department of
8-15 Protective and Regulatory Services and other adults living with
8-16 that relative in the residence in which the child will reside;
8-17 (K) a person providing child care for a child
8-18 who is in the care of the Department of Protective and Regulatory
8-19 Services and who is or will be receiving adoptive, foster, or
8-20 in-home care;
8-21 (L) through a contract with a nonprofit
8-22 management center, an employee of, an applicant for employment
8-23 with, or a volunteer or an applicant volunteer with a nonprofit,
8-24 tax-exempt organization that provides any service that involves the
8-25 care of or access to children, elderly persons, or persons with a
8-26 disability;
9-1 (M) an operator of a child-care facility or
9-2 child-placing agency that is seeking to register with or has been
9-3 issued a certificate to operate under accreditation by the
9-4 Department of Protective and Regulatory Services under Subchapter
9-5 E, Chapter 42, Human Resources Code, subject to Section 42.105,
9-6 Human Resources Code; [or]
9-7 (N) a child-care administrator seeking
9-8 accreditation as provided by Section 43.003, Human Resources Code;
9-9 or
9-10 (O) a person who is an applicant for
9-11 registration or is registered in the child-care registry under
9-12 Chapter 41, Human Resources Code.
9-13 SECTION 3. This Act takes effect September 1, 2001.