1-1 By: Moncrief S.B. No. 1238
1-2 (In the Senate - Filed March 7, 2001; March 12, 2001, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 5, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 1; April 5, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1238 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to creation of a child-care registry for certain
1-11 child-care providers.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subtitle D, Title 2, Human Resources Code, is
1-14 amended by adding Chapter 41 to read as follows:
1-15 CHAPTER 41. CHILD-CARE REGISTRY
1-16 Sec. 41.001. DEFINITIONS. In this chapter:
1-17 (1) "Child-care provider" means an individual who is
1-18 at least 18 years of age and who provides child care or supervision
1-19 to a minor and includes a babysitter, nanny, and au pair.
1-20 (2) "Registered child-care provider" means a
1-21 child-care provider who is registered by the department and listed
1-22 in the registry.
1-23 (3) "Registry" means the registry established under
1-24 Section 41.002.
1-25 Sec. 41.002. CREATION. The department shall establish and
1-26 maintain a registry of child-care providers who meet the
1-27 requirements of this chapter.
1-28 Sec. 41.003. ADMINISTRATION OF CHAPTER. The department
1-29 shall make rules, employ sufficient personnel, and provide training
1-30 for the personnel to carry out the provisions of this chapter. The
1-31 department shall also provide standard forms for applications and
1-32 for the submission of fingerprints.
1-33 Sec. 41.004. APPLICATION PROCEDURE. (a) An applicant for
1-34 registration in the registry shall submit to the department:
1-35 (1) a completed application on a form provided by the
1-36 department;
1-37 (2) a set of legible and classifiable fingerprints;
1-38 and
1-39 (3) the appropriate fee prescribed by Section 41.010.
1-40 (b) The application for registration must:
1-41 (1) state the applicant's name, including married and
1-42 maiden names and all aliases of the applicant, address, telephone
1-43 number, age, place of birth, Texas driver's license number or
1-44 identification number, and social security number, and resident
1-45 alien number, if applicable;
1-46 (2) disclose any arrest or conviction of the applicant
1-47 for a misdemeanor or a felony or any civil order or judgment
1-48 involving domestic violence or child abuse;
1-49 (3) state the educational history and training of the
1-50 applicant, including whether the applicant has received training in
1-51 the prevention of shaken baby syndrome and sudden infant death
1-52 syndrome, risk reduction, cardiopulmonary resuscitation, and early
1-53 brain development; and
1-54 (4) provide any other information requested by the
1-55 department.
1-56 (c) After receiving the application, fingerprints, and fee
1-57 as provided under Subsection (a), the department shall complete the
1-58 background and criminal history check required by Section 41.005.
1-59 (d) An applicant must obtain the sets of fingerprints from
1-60 an agency authorized by law to take fingerprints. The agency may
1-61 charge a reasonable fee to cover the costs of fingerprinting.
1-62 Sec. 41.005. BACKGROUND AND CRIMINAL HISTORY CHECKS. The
1-63 department shall conduct a background and criminal history check on
1-64 an applicant using information provided by the:
2-1 (1) application under Section 41.004;
2-2 (2) central registry of reported cases of child abuse
2-3 or neglect established under Section 261.002, Family Code;
2-4 (3) Department of Public Safety of the State of Texas
2-5 under Section 411.114, Government Code;
2-6 (4) Federal Bureau of Investigation or other criminal
2-7 justice agency under Section 411.087, Government Code; and
2-8 (5) department records of reported abuse and neglect.
2-9 (b) The background and criminal history check shall be
2-10 completed and the application for registration accepted or denied
2-11 not later than two months after the date the department received
2-12 the application except where delayed by the response time of the
2-13 Federal Bureau of Investigation or in the case of a pending
2-14 investigation.
2-15 Sec. 41.006. DENIAL OF APPLICATION FOR REGISTRATION.
2-16 (a) The department shall deny the application for registration in
2-17 the registry if the department determines that the applicant:
2-18 (1) has not furnished all required information to the
2-19 department;
2-20 (2) has not paid the appropriate fee prescribed by
2-21 Section 41.010;
2-22 (3) is a person with a criminal history according to
2-23 information made available by the Department of Public Safety of
2-24 the State of Texas under Section 411.114, Government Code;
2-25 (4) is a person with a criminal history according to
2-26 information made available by the Federal Bureau of Investigation
2-27 or other criminal justice agency under Section 411.087, Government
2-28 Code; or
2-29 (5) is listed in the department's records of reported
2-30 abuse and neglect as a person who abused or neglected a child.
2-31 (b) The department may make provisions governing the right
2-32 of appeal by an applicant from the denial of an application for
2-33 registration under this section.
2-34 Sec. 41.007. REGISTRATION. If the department determines
2-35 that no grounds to deny the person's application under Section
2-36 41.006 exist, the department shall register the applicant and
2-37 notify the applicant of the registration. A registration remains
2-38 valid until revoked or surrendered.
2-39 Sec. 41.008. REVOCATION OF REGISTRATION. (a) The
2-40 department shall revoke the registration of a registered child-care
2-41 provider if the provider:
2-42 (1) is convicted of a crime for which an application
2-43 for registration would have been denied under Section 41.006;
2-44 (2) is determined by the department to be a person who
2-45 has abused or neglected a child; or
2-46 (3) does not comply with the requirements of this
2-47 chapter, the rules of the department, or the specific terms of the
2-48 registration.
2-49 (b) If the department revokes a registration, the child-care
2-50 provider's listing as a registered child-care provider shall be
2-51 removed from the registry.
2-52 Sec. 41.009. UPDATE OF REGISTRY. The department shall
2-53 continually update the registry to reflect criminal convictions and
2-54 substantiated child abuse information concerning registered
2-55 child-care providers.
2-56 Sec. 41.010. FEES. (a) The department by rule shall
2-57 require an applicant to pay to the department a fee in an amount
2-58 not to exceed the administrative costs the department incurs in
2-59 conducting a background and criminal history check under Section
2-60 41.005.
2-61 (b) Fees authorized by this chapter and received by the
2-62 department shall be retained by the department for the purpose of
2-63 administering the child-care registry.
2-64 Sec. 41.011. INFORMATION PROVIDED. (a) An individual may
2-65 receive information about a registered child-care provider from the
2-66 department if the individual provides to the department the name
2-67 and the Texas driver's license number or state identification
2-68 number of the registered child-care provider.
2-69 (b) The information provided about a registered child-care
3-1 provider by the department shall include:
3-2 (1) the name, address, telephone number, age, and
3-3 place of birth of the registered child-care provider;
3-4 (2) the date of registration;
3-5 (3) a statement as to whether the registered
3-6 child-care provider has received training in the prevention of
3-7 shaken baby syndrome and sudden infant death syndrome, risk
3-8 reduction, cardiopulmonary resuscitation, and early brain
3-9 development; and
3-10 (4) a general description of the background and
3-11 criminal history check to which applicants for registration are
3-12 subjected.
3-13 Sec. 41.012. TOLL-FREE TELEPHONE NUMBER. The department
3-14 shall provide a toll-free telephone number for use by the public to
3-15 obtain access to registry information. A caller may inquire
3-16 whether an individual is a registered child-care provider and may
3-17 receive the information available under Section 41.011.
3-18 Sec. 41.013. PROMOTION OF REGISTRY. The department shall
3-19 develop a plan to publicize the availability, benefits, and methods
3-20 of accessing the registry and to distribute applications for
3-21 registration.
3-22 Sec. 41.014. ACCESS TO REGISTRY. The department shall
3-23 prepare and maintain a written plan that describes how persons who
3-24 do not speak English can be provided reasonable access to the
3-25 registry.
3-26 Sec. 41.015. REFERRAL BY PRIVATE EMPLOYMENT AGENCY. A
3-27 private employment agency shall only refer for employment as a
3-28 child-care provider an individual who is a registered child-care
3-29 provider under this chapter.
3-30 SECTION 2. Subdivision (2), Subsection (a), Section 411.114,
3-31 Government Code, is amended to read as follows:
3-32 (2) The Department of Protective and Regulatory
3-33 Services shall obtain from the department criminal history record
3-34 information maintained by the department that relates to a person
3-35 who is:
3-36 (A) an applicant for a license, registration, or
3-37 certification under Chapter 42, Human Resources Code, or a person
3-38 who registers with or has been issued a certificate to operate
3-39 under accreditation by the Department of Protective and Regulatory
3-40 Services under Subchapter E, Chapter 42, Human Resources Code;
3-41 (B) an owner or employee of or an applicant for
3-42 employment by a child-care facility or family home licensed,
3-43 registered, or certified under Chapter 42, Human Resources Code, or
3-44 by a child-care facility or child-placing agency that is seeking to
3-45 register with or has been issued a certificate to operate under
3-46 accreditation by the Department of Protective and Regulatory
3-47 Services under Subchapter E, Chapter 42, Human Resources Code;
3-48 (C) a resident of a registered family home, but
3-49 not a child in the home's care or a parent of the child;
3-50 (D) an applicant for a position with the
3-51 Department of Protective and Regulatory Services, the duties of
3-52 which include direct delivery of protective services to children,
3-53 elderly persons, or persons with a disability;
3-54 (E) an employee of, an applicant for employment
3-55 with, or a volunteer or an applicant volunteer with a business
3-56 entity or person that contracts with the Department of Protective
3-57 and Regulatory Services to provide direct delivery of protective
3-58 services to children, elderly persons, or persons with a
3-59 disability, if the person's duties or responsibilities include
3-60 direct contact with children, elderly persons, or persons with a
3-61 disability;
3-62 (F) a volunteer or applicant volunteer with the
3-63 Department of Protective and Regulatory Services;
3-64 (G) a person providing or applying to provide
3-65 adoptive or foster care for children in the care of the Department
3-66 of Protective and Regulatory Services and other adults living with
3-67 that person in the residence in which the child will reside;
3-68 (H) a Department of Protective and Regulatory
3-69 Services employee who is engaged in the direct delivery of
4-1 protective services to children, elderly persons, or persons with a
4-2 disability;
4-3 (I) a person who is the subject of a report the
4-4 department receives alleging that the person has abused or
4-5 neglected a child, an elderly person, or a person with a
4-6 disability, provided that report has proven to have merit;
4-7 (J) a relative providing or applying to provide
4-8 in-home care for a child in the care of the Department of
4-9 Protective and Regulatory Services and other adults living with
4-10 that relative in the residence in which the child will reside;
4-11 (K) a person providing child care for a child
4-12 who is in the care of the Department of Protective and Regulatory
4-13 Services and who is or will be receiving adoptive, foster, or
4-14 in-home care;
4-15 (L) through a contract with a nonprofit
4-16 management center, an employee of, an applicant for employment
4-17 with, or a volunteer or an applicant volunteer with a nonprofit,
4-18 tax-exempt organization that provides any service that involves the
4-19 care of or access to children, elderly persons, or persons with a
4-20 disability;
4-21 (M) an operator of a child-care facility or
4-22 child-placing agency that is seeking to register with or has been
4-23 issued a certificate to operate under accreditation by the
4-24 Department of Protective and Regulatory Services under Subchapter
4-25 E, Chapter 42, Human Resources Code, subject to Section 42.105,
4-26 Human Resources Code; [or]
4-27 (N) a child-care administrator seeking
4-28 accreditation as provided by Section 43.003, Human Resources Code;
4-29 or
4-30 (O) a person who is an applicant for
4-31 registration or is registered in the child-care registry under
4-32 Chapter 41, Human Resources Code.
4-33 SECTION 3. This Act takes effect September 1, 2001.
4-34 * * * * *