78R5956 KKA-F
By: Christian H.B. No. 1415
A BILL TO BE ENTITLED
AN ACT
relating to an accreditation program for child-care facilities and
child-placing agencies as an alternative to state licensure;
providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 42, Human Resources Code,
is reenacted and amended to read as follows:
SUBCHAPTER E. ACCREDITATION OF CHILD-CARE FACILITIES AND
CHILD-PLACING AGENCIES
Sec. 42.101. ALTERNATIVE ACCREDITATION PROGRAM. The
department shall establish a streamlined procedure by which the
department authorizes a child-care facility or child-placing
agency that is otherwise required to obtain a license under
Subchapter C to operate the facility or agency without a license if
the facility or agency is accredited by an accreditation
organization approved by the department.
Sec. 42.102. ACCREDITATION ORGANIZATION. (a) To qualify
for approval by the department under Section 42.101, an
accreditation organization must:
(1) be a recognized private organization that
promulgates, publishes, and requires compliance with standards and
inspection procedures for child-care facilities or child-placing
agencies that meet or exceed the state's minimum requirements for
child-care facilities and child-placing agencies under Subchapter
C, with the exception of standards relating to the internal
self-governance of a facility or agency and to the curriculum,
teaching, or instruction of the facility or agency;
(2) not have any person serve as a member of the
governing body of the accrediting organization who has a
proprietary or financial interest in a child-care facility or
child-placing agency that is accredited by the accrediting
organization; and
(3) demonstrate a strong commitment to ensuring the
provision of high-quality child-care services.
(b) An accreditation organization must file a copy of its
minimum standards and inspection procedures for child-care
facilities or child-placing agencies with the department to enable
the department to make its determination under Subsection (a).
Sec. 42.103. APPROVED ACCREDITATION ORGANIZATION. (a) The
department shall approve an accreditation organization under this
subchapter if the department determines that the accreditation
organization has satisfied the requirements prescribed by this
subchapter.
(b) An approval granted by the department under this section
is valid for one year.
(c) The department shall prescribe an annual renewal
procedure for an approved accreditation organization that ensures
continued compliance with this subchapter.
(d) The department may use the remedies specified in
Subchapter D to address exigent situations in which an approved
accreditation organization does not timely correct an action that
endangers the health and safety of children.
Sec. 42.104. REGISTRATION TO OPERATE UNDER
ACCREDITATION. (a) A child-care facility or child-placing agency
that is accredited by an approved accreditation organization may
register with the department to operate under that accreditation by
filing:
(1) a registration in a simple form prescribed by the
department;
(2) a copy of the certificate, license, or award
letter of accreditation from the accreditation body showing that
the facility or agency is accredited; and
(3) a copy of the written accreditation report of the
agency or facility from the accreditation body.
(b) In addition to any fee that may be required under
Section 411.114(c) [411.114(b)], Government Code, the department
may charge a child-care facility or child-placing agency a single
administrative fee in a reasonable amount that is sufficient to
cover the costs of the department in processing and acting on the
registration.
(c) The department shall process and act on a registration
not later than the 30th day after the date on which the department
receives all of the required information.
Sec. 42.105. BACKGROUND AND CRIMINAL HISTORY CHECKS. (a) An
approved accreditation organization shall obtain from the
department information from the central registry of reported cases
of child abuse or neglect established under Section 261.002, Family
Code, and information from the Department of Public Safety under
Section 411.114, Government Code, for purposes of reviewing the
general character and fitness of:
(1) a child-care administrator seeking accreditation
under Section 43.003;
(2) a person who registers with the department to
operate under this subchapter or a holder of a certificate issued
under this subchapter;
(3) an operator of a child-care facility or
child-placing agency accredited by the organization and seeking to
register with the department under Section 42.104 or issued a
certificate to operate under that accreditation under this
subchapter; and
(4) an employee of or an applicant for employment by a
child-care facility or child-placing agency accredited by the
organization and seeking to register with the department under
Section 42.104 or issued a certificate to operate under that
accreditation under this chapter.
(b) The department by rule may provide for not issuing or
not renewing a certificate to operate under accreditation or may
revoke a certificate based on the results of a background or
criminal history check conducted by the department under this
section.
Sec. 42.106. ACCEPTANCE OF ACCREDITATION INSTEAD OF
LICENSE. (a) Except as provided by Section 42.105(b), the
department shall issue a certificate to operate under accreditation
to a child-care facility or child-placing agency that registers
with the department under Section 42.104 if:
(1) the facility or agency submits all of the
information required by Section 42.104(a);
(2) the facility or agency remits any required
administrative fee under Section 42.104(b); and
(3) the department verifies that the facility or
agency is accredited by and in good standing with an approved
accreditation organization.
(b) A certificate issued under this section is not
transferrable and applies only to the operator named in the
registration.
(c) A certificate is valid for one year.
Sec. 42.107. RENEWAL OF CERTIFICATE. The department shall
provide for an annual renewal of a certificate issued to an operator
of a child-care facility or child-placing agency under Section
42.106. The department shall renew the certificate if the
child-care facility or child-placing agency maintains
accreditation from the approved accreditation organization.
Sec. 42.108. NOTIFICATION OF REVOCATION OR WITHDRAWAL OF
ACCREDITATION. Not later than the seventh day after the date on
which an approved accreditation organization revokes or withdraws
the accreditation of a child-care facility or child-placing agency
that is exempt from licensing under this subchapter, the
organization shall notify the department of the revocation or
withdrawal.
Sec. 42.109. REVOCATION OR WITHDRAWAL OF APPROVAL TO
OPERATE UNDER ACCREDITATION. (a) A holder of a certificate
issued under Section 42.106 may not operate a child-care facility
or child-care placing agency under this subchapter if an
accreditation organization has revoked or withdrawn the
accreditation of the child-care facility or child-placing agency,
unless the department grants the holder a license under Subchapter
C or a provisional license.
(b) The department may adopt rules as necessary to implement
this section.
Sec. 42.110. AUTHORITY TO CONDUCT LIMITED
INSPECTIONS. (a) The department may inspect a child-care
facility or child-placing agency that has received a certificate to
operate under accreditation as provided by Section 42.106 if:
(1) the department has received a complaint or report
of child abuse or neglect alleged to have occurred at the facility
or agency; or
(2) the department has received a complaint indicating
that despite efforts made by an accreditation organization approved
under Section 42.103, a facility or agency certified to operate
under accreditation under Section 42.104 has violated the standards
of the accreditation organization and the violation creates an
immediate threat to the health or safety of children attending or
residing in the facility or agency.
(b) This chapter does not affect the authority of local,
regional, or state health department officials, the state fire
marshal, or local fire prevention officials to inspect a child-care
facility or child-placing agency that is certified to operate under
accreditation under this subchapter.
(c) If, as provided by Subsection (a), the department has
inspected a child-care facility or child-placing agency that has
received a certificate to operate under accreditation as provided
by Section 42.106, the department may require the facility or
agency to take appropriate corrective action to eliminate any
violations of the standards of the accreditation organization or
such other action as the department determines necessary to ensure
the health or safety of the children attending or residing in the
facility or agency. The department may continue to inspect the
facility or agency until corrective action has been taken and for
such reasonable time after corrective action to ensure continued
compliance with standards.
Sec. 42.111. EMERGENCY SUSPENSION OF CHILD-CARE FACILITY OR
CHILD-PLACING AGENCY. (a) The department shall suspend a
certificate of a child-care facility or child-placing agency issued
under Section 42.106 [42.041] and, if appropriate, place the
children attending or residing in the facility or agency elsewhere
if:
(1) the department finds the facility or agency is
operating in violation of the standards of its accrediting
organization; and
(2) the violation creates an immediate threat to the
health and safety of the children attending or residing in the
facility or agency.
(b) An order suspending the certificate of a child-care
facility or child-placing agency is immediately effective on the
date on which the certificate holder receives written notice or on a
later date specified in the order.
(c) An order is valid for 10 days after the effective date of
the order.
(d) The suspension of a certificate and the appeal from that
action are governed by the procedures for a contested case hearing
under Chapter 2001, Government Code.
SECTION 2. The heading to Section 42.041, Human Resources
Code, is reenacted to read as follows:
Sec. 42.041. REQUIRED LICENSE OR ACCREDITATION.
SECTION 3. Sections 42.041(a) and (d), Human Resources
Code, are reenacted and amended to read as follows:
(a) No person may operate a child-care facility or
child-placing agency without a license issued by the department or
a certificate to operate under accreditation issued by the
department under Subchapter E.
(d) Unless accredited under Subchapter E, a facility exempt
from the provisions of Subsection (a) [of this section] that
desires to receive or participate in federal or state funding shall
be required to comply with all other provisions of this chapter and
with all regulations promulgated under this chapter.
SECTION 4. Section 42.076(a), Human Resources Code, is
reenacted to read as follows:
(a) A person who operates a child-care facility or
child-placing agency without a license or certificate to operate
under accreditation under Subchapter E commits a Class B
misdemeanor.
SECTION 5. The heading to Section 43.003, Human Resources
Code, is reenacted to read as follows:
Sec. 43.003. LICENSE OR ACCREDITATION REQUIRED.
SECTION 6. Sections 43.003(a) and (c), Human Resources
Code, are reenacted and amended to read as follows:
(a) Except as provided by Subsections (b) and (c) [of this
section], a person may not serve as a child-care administrator of a
child-care institution without a license issued by the department
under this chapter.
(c) A person may serve as the child-care administrator of a
child-care institution if the person is accredited by a private
organization that has qualifications that apply to the child-care
administrators and that meet or exceed the state's qualifications,
as determined by the department, with the exception of those
qualifications relating to the internal self-governance of the
child-care institution and to the curriculum, teaching, or
instruction of the institution. This subsection applies only to a
child-care institution that operates under a certificate to operate
under accreditation issued by the department under Subchapter E,
Chapter 42.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.