79R1240 KEG/MCK-F
By: Hupp H.B. No. 6
A BILL TO BE ENTITLED
AN ACT
relating to protective services; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CHILD PROTECTIVE SERVICES AND FOSTER CARE SYSTEMS
SECTION 1.01. The heading to Chapter 42, Human Resources
Code, is amended to read as follows:
CHAPTER 42. REGULATION OF NONRESIDENTIAL CHILD-CARE
[CERTAIN] FACILITIES AND[,] HOMES[, AND AGENCIES THAT PROVIDE
CHILD-CARE SERVICES]
SECTION 1.02. Section 42.001, Human Resources Code, is
amended to read as follows:
Sec. 42.001. PURPOSE. The purpose of this chapter is to
protect the health, safety, and well-being of the children of the
state who receive services [reside] in child-care facilities by
establishing statewide minimum standards for their safety and
protection and by regulating the facilities through a licensing
program [or by requiring child-care facilities to be regulated by
alternative accreditation bodies]. It is the policy of the state to
ensure the protection of all children under care in child-care
facilities and to encourage and assist in the improvement of
child-care programs. It is also the intent of the legislature that
freedom of religion of all citizens is inviolate. With respect to a
school or child-care facility sponsored by a religious
organization, nothing in this chapter gives a governmental agency
authority to regulate, control, supervise, or in any way be
involved in the:
(1) form, manner, or content of religious instruction,
ministry, teaching, or the curriculum offered by the school or
facility;
(2) ability of the school or facility to select and
supervise qualified personnel, and otherwise control the terms of
employment, including the right to employ individuals who share the
religious views of the school or facility;
(3) internal self-governance and autonomy of the
school or facility; or
(4) religious environment of the school or facility,
such as symbols, art, icons, and scripture.
SECTION 1.03. (a) Sections 42.002(3), (7), (8), and (13),
Human Resources Code, are amended to read as follows:
(3) "Child-care facility" means a facility licensed,
certified, or registered by the department to provide assessment,
care, training, education, custody, treatment, or supervision for a
child who is not related by blood, marriage, or adoption to the
owner or operator of the facility, for less than 24 hours a [all or
part of the 24-hour] day, whether or not the facility is operated
for profit or charges for the services it offers.
(7) "Day-care center" means a child-care facility that
provides care for more than 12 children under 14 years of age [for
less than 24 hours a day].
(8) "Group day-care home" means a child-care facility
that provides care for 7 to 12 children under 14 years of age [for
less than 24 hours a day].
(13) "Facility" means a ["Facilities" includes]
child-care facility [facilities and child-placing agencies].
(b) Sections 42.002(4), (5), (6), (10), (11), and (12),
Human Resources Code, are repealed.
SECTION 1.04. Subchapter A, Chapter 42, Human Resources
Code, is amended by adding Section 42.003 to read as follows:
Sec. 42.003. REFERENCES IN OTHER LAW TO DEFINITIONS. (a)
Except as provided by Subsection (b), a reference in law providing
that a term has the meaning assigned by Section 42.002 means that
the term has the meaning assigned by Section 42.002 or 49.002, as
applicable.
(b) A reference in law providing that "child-care facility"
has the meaning assigned by Section 42.002 means that the term has
the meaning assigned by Section 42.002 or the meaning assigned the
term "residential child-care facility" by Section 49.002, as
applicable.
SECTION 1.05. (a) Sections 42.022(a), (c), (e), and (h),
Human Resources Code, are amended to read as follows:
(a) The State Advisory Committee on Nonresidential
Child-Care [Administrators and] Facilities is appointed by the
executive commissioner [board] on the recommendation of the
director.
(c) The advisory committee is composed of 12 members
[appointed by the board]. The members must have the following
qualifications:
(1) two must be parents, guardians, or custodians of
children who use child-care [the] facilities;
(2) two must be representatives of child advocacy
groups;
(3) two must be operators of nonprofit child-care
facilities that are licensed under this chapter;
(4) two must be experts in various professional fields
that are relevant to child care and development;
(5) two must be members of the general public; and
(6) two must be operators of proprietary child-care
facilities that are licensed under this chapter.
(e) The committee shall review rules and minimum standards
for [child-care administrators,] child-care facilities[, and
child-placing agencies] promulgated by state agencies[,] and shall
advise the department, the council, and state agencies on problems
of [child-care administrators,] child-care facilities[, and
child-placing agencies].
(h) In making appointments to the committee, the executive
commissioner [board] shall consider whether the committee reflects
the race, ethnicity, and age of the residents of this state and
whether the committee provides representation of the geographic
regions of the state.
(b) Section 42.022(g), Human Resources Code, is repealed.
(c) The advisory subcommittee on child-care administration
appointed under Section 42.022(g), Human Resources Code, is
abolished on the effective date of this section.
SECTION 1.06. The heading to Subchapter C, Chapter 42,
Human Resources Code, is amended to read as follows:
SUBCHAPTER C. REGULATION [OF CERTAIN FACILITIES, HOMES, AND
AGENCIES]
SECTION 1.07. (a) Sections 42.041(a), (b), and (d), Human
Resources Code, are 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.
(b) This section does not apply to:
(1) a state-operated child-care facility;
(2) [an agency foster home or agency foster group
home;
[(3)] a child-care facility that is operated in
connection with a shopping center, business, religious
organization, or establishment where children are cared for during
short periods while parents or persons responsible for the children
are attending religious services, shopping, or engaging in other
activities on or near the premises, including [but not limited to]
retreats or classes for religious instruction;
(3) [(4)] a school or class for religious instruction
that does not last longer than two weeks and is conducted by a
religious organization during the summer months;
(4) [(5) a youth camp licensed by the Texas Department
of Health;
[(6)] a child-care facility licensed, operated,
certified, or registered by another state agency;
(5) [(7)] an educational facility accredited by the
Texas Education Agency or the Southern Association of Colleges and
Schools that operates primarily for educational purposes in grades
kindergarten and above, an after-school program operated directly
by an accredited educational facility, or an after-school program
operated by another entity under contract with the educational
facility, if the Texas Education Agency or Southern Association of
Colleges and Schools has approved the curriculum content of the
after-school program operated under the contract;
(6) [(8)] an educational facility that operates solely
for educational purposes in grades kindergarten through at least
grade two, that does not provide custodial care for more than one
hour during the hours before or after the customary school day, and
that is a member of an organization that promulgates, publishes,
and requires compliance with health, safety, fire, and sanitation
standards equal to standards required by state, municipal, and
county codes;
(7) [(9)] a kindergarten or preschool educational
program that is operated as part of a public school or a private
school accredited by the Texas Education Agency, that offers
educational programs through grade six, and that does not provide
custodial care during the hours before or after the customary
school day;
(8) [(10)] a family home, whether registered or
listed;
(9) [(11)] an educational facility that is integral to
and inseparable from its sponsoring religious organization or an
educational facility both of which do not provide custodial care
for more than two hours maximum per day, and that offers educational
programs for children age five and above in one or more of the
following: kindergarten through at least grade three, elementary,
or secondary grades;
(10) [(12) an emergency shelter facility providing
shelter to minor mothers who are the sole support of their natural
children under Section 32.201, Family Code, unless the facility
would otherwise require a license as a child-care facility under
this section;
[(13) a juvenile detention facility certified under
Section 51.12, Family Code, or Section 141.042(d), a juvenile
facility providing services solely for the Texas Youth Commission,
or any other correctional facility for children operated or
regulated by another state agency or by a political subdivision of
the state;
[(14)] an elementary-age (ages 5-13) recreation
program operated by a municipality provided the governing body of
the municipality annually adopts standards of care by ordinance
after a public hearing for such programs, that such standards are
provided to the parents of each program participant, and that the
ordinances shall include, at a minimum, staffing ratios, minimum
staff qualifications, minimum facility, health, and safety
standards, and mechanisms for monitoring and enforcing the adopted
local standards; and further provided that parents be informed that
the program is not licensed by the state and the program may not be
advertised as a child-care facility; or
(11) [(15)] an annual youth camp held in a
municipality with a population of more than 1.5 million that
operates for not more than three months and that has been operated
for at least 10 years by a nonprofit organization that provides care
for the homeless.
(d) A child-care 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.
(b) Section 42.041(c), Human Resources Code, is repealed.
SECTION 1.08. (a) Sections 42.042(a), (b), (e), (f), (g),
(i)-(n), and (p), Human Resources Code, are amended to read as
follows:
(a) The executive commissioner [department] shall adopt
[make] rules to carry out the provisions of this chapter.
(b) The executive commissioner [department] shall conduct a
comprehensive review of all rules and standards at least every six
years. For purposes of this subsection, the six-year period begins
on the latest of the date of:
(1) the conclusion of the review of the rules and
standards;
(2) a decision by the executive commissioner
[department] not to revise the rules and standards; or
(3) [a decision by the board not to revise the rules
and standards; or
[(4) board] action by the executive commissioner
adopting new standards.
(e) The executive commissioner [department] shall adopt
[promulgate] minimum standards that apply to licensed child-care
facilities and to registered family homes covered by this chapter
and that will:
(1) promote the health, safety, and welfare of
children receiving services in [attending] a facility or registered
family home;
(2) promote safe, comfortable, and healthy physical
facilities and registered family homes for children;
(3) ensure adequate supervision of children by
capable, qualified, and healthy personnel;
(4) ensure adequate and healthy food service where
food service is offered;
(5) prohibit racial discrimination by child-care
facilities and registered family homes; and
(6) require procedures for parental and guardian
consultation in the formulation of children's educational [and
therapeutic] programs[; and
[(7) prevent the breakdown of foster care and adoptive
placement].
(f) In adopting [promulgating] minimum standards for the
provision of child-care services, the executive commissioner
[department] shall recognize the various categories of services,
including services for specialized care and[,] the various
categories of children and their particular needs[, and the
differences in the organization and operation of child-care
facilities and institutions. Standards for child-care
institutions must require an intake study before a child is placed
in an institution. The intake study may be conducted at a community
mental health and mental retardation center].
(g) In adopting [promulgating] minimum standards, the
executive commissioner [department] may recognize and treat
differently the types of services provided by the following:
(1) registered family homes; and
(2) child-care facilities, including [child-care
institutions, foster group homes, foster homes,] group day-care
homes[,] and day-care centers[;
[(3) child-placing agencies;
[(4) agency foster homes; and
[(5) agency foster group homes].
(i) Before adopting minimum standards, the executive
commissioner [department] shall present the proposed standards to
the State Advisory Committee on Nonresidential Child-Care
Facilities for review and comment, and shall send a copy of the
proposed standards to each license holder [licensee] covered by the
proposed standards at least 60 days before the standards take
effect to provide the license holder [licensee] an opportunity to
review and to send written suggestions to the committee and the
executive commissioner [department].
(j) The executive commissioner or the department may waive
compliance with a minimum standard in a specific instance after a
determination [if it determines] that the economic impact of
compliance is sufficiently great to make compliance impractical.
(k) The executive commissioner or the department may not
regulate or attempt to regulate or control the content or method of
any instruction or curriculum of a school sponsored by a religious
organization.
(l) In adopting [promulgating] minimum standards for the
regulation of family homes that register with the department, the
executive commissioner [department] must address the minimum
qualifications, education, and training required of a person who
operates a family home registered with the department.
(m) In determining minimum standards relating to
staff-to-child ratios, group sizes, or square footage requirements
applicable to [nonresidential] child-care facilities [that provide
care for less than 24 hours a day], the executive commissioner
[department] shall, within available appropriations, conduct a
comprehensive cost-benefit analysis and economic impact study that
includes families and licensed child-care providers.
(n) Not later than the 60th day before the date the
executive commissioner [board] adopts a revision to the minimum
standards for child-care facilities, the executive commissioner
[department] shall present the revision to the appropriate
legislative oversight committees that have jurisdiction over
child-care facilities for review and comment.
(p) The executive commissioner [department] by rule shall
prescribe minimum training standards for an employee of a regulated
child-care facility, including the time required for completing the
training. The executive commissioner [department] may not require
an employee to repeat required training if the employee has
completed the training within the time prescribed by [department]
rule. The department's local offices shall make available at the
local office locations a copy of the rules regarding minimum
training standards, information enabling the owner or operator of a
regulated facility to apply for training funds from other agencies
to lower facility costs, and any other materials the department may
develop to assist the owner or operator or other entity in providing
the training.
(b) Section 42.042(h), Human Resources Code, is repealed.
SECTION 1.09. Section 42.045, Human Resources Code, is
amended to read as follows:
Sec. 42.045. RECORDS. [(a)] A person who operates a
licensed or certified facility shall maintain individual child
development records, individual health records, statistical
records, and complete financial records.
[(b) A person who provides adoption services under a license
to operate a child-placing agency shall furnish information
required by the department to determine whether adoption related
income and disbursements are reasonable, appropriate, and in
compliance with the department's minimum standards.
[(c) If a child-placing agency terminates operation as a
child-placing agency, it shall, after giving notice to the
department, transfer its files and records concerning adopted
children, their biological families, and their adoptive families to
the Bureau of Vital Statistics or, after giving notice to the Bureau
of Vital Statistics, to a facility licensed by the department to
place children for adoption.]
SECTION 1.10. Section 42.046(a), Human Resources Code, is
amended to read as follows:
(a) An applicant for a license to operate a child-care
facility [or child-placing agency] or for a listing or registration
to operate a family home shall submit to the department the
appropriate fee prescribed by Section 42.054 and a completed
application on a form provided by the department.
SECTION 1.11. (a) Section 42.052(a), Human Resources Code,
is amended to read as follows:
(a) A state-operated child-care facility [or child-placing
agency] must receive certification of approval from the department.
The certification of approval remains valid until revoked or
surrendered.
(b) Sections 42.052(g) and (h), Human Resources Code, are
repealed.
SECTION 1.12. (a) Sections 42.054(a), (b), and (f), Human
Resources Code, are amended to read as follows:
(a) The department shall charge an applicant a
nonrefundable application fee of $35 for an initial license to
operate a child-care facility [or a child-placing agency].
(b) The department shall charge each child-care facility a
fee of $35 for a provisional license. [The department shall charge
each child-placing agency a fee of $50 for a provisional license.]
(f) If a facility[, agency,] or home fails to pay the annual
fee when due, the license, listing, or registration, as
appropriate, is suspended until the fee is paid.
(b) Sections 42.054(d) and (g), Human Resources Code, are
repealed.
SECTION 1.13. Section 42.073(a), Human Resources Code, is
amended to read as follows:
(a) The department shall suspend a facility's license or a
family home's listing or registration and order the immediate
closing of the facility or family home if:
(1) the department finds the facility or family home
is operating in violation of the applicable standards prescribed by
this chapter; and
(2) the violation creates an immediate threat to the
health and safety of the children receiving services [attending or
residing] in the facility or family home.
SECTION 1.14. (a) Section 42.076(a), Human Resources Code,
is amended to read as follows:
(a) A person who operates a child-care facility [or
child-placing agency] without a license commits a Class B
misdemeanor.
(b) Section 42.076(d), Human Resources Code, is repealed.
SECTION 1.15. Sections 42.0425, 42.0461, 42.053, and
42.0535, Human Resources Code, are repealed.
SECTION 1.16. (a) Subtitle D, Title 2, Human Resources
Code, is amended by adding Chapter 49 to read as follows:
CHAPTER 49. REGULATION OF CERTAIN FACILITIES, HOMES,
AND AGENCIES THAT PROVIDE RESIDENTIAL CHILD-CARE SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 49.001. PURPOSE. The purpose of this chapter is to
protect the health, safety, and well-being of the children of the
state who reside in residential child-care facilities by
establishing statewide minimum standards for their safety and
protection and by regulating the facilities through a licensing
program. It is the policy of the state to ensure the protection of
all children under care in residential child-care facilities and to
encourage and assist in the improvement of child-care programs. It
is also the intent of the legislature that freedom of religion of
all citizens is inviolate. With respect to a school or residential
child-care facility sponsored by a religious organization, nothing
in this chapter gives a governmental agency authority to regulate,
control, supervise, or in any way be involved in the:
(1) form, manner, or content of religious instruction,
ministry, teaching, or the curriculum offered by the school or
facility;
(2) ability of the school or facility to select and
supervise qualified personnel, and otherwise control the terms of
employment, including the right to employ individuals who share the
religious views of the school or facility;
(3) internal self-governance and autonomy of the
school or facility; or
(4) religious environment of the school or facility,
such as symbols, art, icons, and scripture.
Sec. 49.002. DEFINITIONS. In this chapter:
(1) "Agency foster group home" means a residential
child-care facility that provides care for 7 to 12 children, is used
only by a licensed child-placing agency, and meets department
standards.
(2) "Agency foster home" means a residential
child-care facility that provides care for not more than six
children, is used only by a licensed child-placing agency, and
meets department standards.
(3) "Child" means a person under 18 years of age.
(4) "Child-care institution" means a residential
child-care facility that provides care for more than 12 children,
including facilities known as children's homes, halfway houses,
residential treatment centers, emergency shelters, and therapeutic
camps.
(5) "Child-placing agency" means a person, including
an organization, other than the natural parents or guardian of a
child who plans for the placement of or places a child in a
residential child-care facility, including an agency foster home or
agency foster group home, or in an adoptive home.
(6) "Controlling person" means a person who, either
alone or in connection with others, has the ability to directly or
indirectly influence or direct the management, expenditures, or
policies of a residential child-care facility.
(7) "Division" means the division designated by the
department to carry out the provisions of this chapter.
(8) "Facilities" includes residential child-care
facilities and child-placing agencies.
(9) "Foster group home" means a residential child-care
facility that provides care for 7 to 12 children.
(10) "Foster home" means a residential child-care
facility that provides care for not more than six children.
(11) "Religious organization" means a church,
synagogue, or other religious institution whose purpose is to
support and serve the propagation of truly held religious beliefs.
(12) "Residential child-care facility" means a
facility licensed or certified by the department to provide, for 24
hours a day, assessment, care, training, education, custody,
treatment, or supervision for a child who is not related by blood,
marriage, or adoption to the owner or operator of the facility,
regardless of whether the facility is operated for profit or
charges for the services it offers.
(13) "State of Texas" or "state" does not include
political subdivisions of the state.
[Sections 49.003-49.050 reserved for expansion]
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 49.051. DIVISION DESIGNATED. (a) The department may
designate a division within the department to carry out
responsibilities the department may delegate or assign under this
chapter.
(b) The commissioner shall appoint as director of a division
designated under Subsection (a) a person who meets the
qualifications set by the executive commissioner.
(c) The department shall employ sufficient personnel and
provide training for the personnel to carry out the provisions of
this chapter.
(d) The director may divide the state into regions for the
purpose of administering this chapter.
Sec. 49.052. STATE ADVISORY COMMITTEE. (a) The State
Advisory Committee on Residential Child-Care Administrators and
Facilities is appointed by the executive commissioner on the
recommendation of the director.
(b) Members of the committee serve for terms of two years
expiring on February 1 of each odd-numbered year.
(c) The advisory committee is composed of 16 members. The
members must have the following qualifications:
(1) two must be parents, guardians, or custodians of
children who use residential child-care facilities;
(2) two must be representatives of child advocacy
groups;
(3) two must be operators of nonprofit child-placing
agencies that are licensed under this chapter;
(4) two must be experts in various professional fields
that are relevant to child care and development;
(5) two must be members of the general public;
(6) two must be operators of child-care institutions
that are licensed under this chapter;
(7) one must be a child and adolescent psychiatrist
certified by the American Board of Psychiatry and Neurology;
(8) one must be a licensed psychologist with
experience working with children and adolescents; and
(9) two must be representatives from facilities not
otherwise represented.
(d) The department shall provide staff necessary for the
committee.
(e) The committee shall review rules and minimum standards
for child-care administrators, residential child-care facilities,
and child-placing agencies adopted by state agencies and shall
advise the department, the council, and state agencies on problems
of child-care administrators, residential child-care facilities,
and child-placing agencies.
(f) The committee shall receive and review the department's
annual report prepared under Section 49.053.
(g) The executive commissioner, on the recommendation of
the director, shall appoint an advisory subcommittee on residential
child-care administration from the membership of the State Advisory
Committee on Residential Child-Care Administrators and Facilities.
The subcommittee shall advise the executive commissioner on
licensing child-care administrators, including the content of the
examination administered to license applicants under Section
43.004. The subcommittee on residential child-care administration
shall meet at the same time the committee meets.
(h) In making appointments to the committee, the executive
commissioner shall consider whether the committee reflects the
race, ethnicity, and age of the residents of this state and whether
the committee provides representation of the geographic regions of
the state.
Sec. 49.053. ANNUAL REPORT. (a) The commissioner shall
prepare an annual written report regarding the department's
activities under this chapter.
(b) The annual report must include:
(1) a report by regions of applications for licensure
or certification, of provisional licenses issued, denied, or
revoked, of licenses issued, denied, suspended, or revoked, of
emergency closures and injunctions, and of the compliance of
state-operated agencies with certification requirements;
(2) a summary of the amount and kind of in-service
training and other professional development opportunities provided
for department staff;
(3) a summary of training and other professional
development opportunities offered to facilities' staffs; and
(4) a report of new administrative procedures, of the
number of staff and staff changes, and of plans for the coming year.
(c) Copies of the annual report shall be available to any
state citizen on request.
Sec. 49.054. ADMINISTRATIVE PROCEDURE. Chapter 2001,
Government Code, applies to all procedures under this chapter
except where Chapter 2001 is contrary to or inconsistent with the
provisions of this chapter.
[Sections 49.055-49.100 reserved for expansion]
SUBCHAPTER C. REGULATION
Sec. 49.101. REQUIRED LICENSE OR ACCREDITATION. (a) A
person may not operate a residential child-care facility or
child-placing agency without a license issued by the department.
(b) This section does not apply to:
(1) a state-operated facility;
(2) an agency foster home or agency foster group home;
(3) a school or class for religious instruction that
does not last longer than two weeks and is conducted by a religious
organization during the summer months;
(4) a youth camp licensed by the Department of State
Health Services;
(5) a facility licensed, operated, certified, or
registered by another state agency;
(6) an emergency shelter facility providing shelter to
minor mothers who are the sole support of their natural children
under Section 32.201, Family Code, unless the facility would
otherwise require a license as a residential child-care facility
under this section;
(7) a juvenile detention facility certified under
Section 51.12, Family Code, or Section 141.042(d), a juvenile
facility providing services solely for the Texas Youth Commission,
or any other correctional facility for children operated or
regulated by another state agency or by a political subdivision of
the state; or
(8) an annual youth camp held in a municipality with a
population of more than 1.5 million that operates for not more than
three months and that has been operated for at least 10 years by a
nonprofit organization that provides care for the homeless.
(c) A single license that lists addresses and the
appropriate facilities may be issued to a child-care institution
that operates noncontiguous facilities that are nearby and that are
demonstrably a single operation as indicated by patterns of
staffing, finance, administrative supervision, and programs.
(d) A facility exempt from the provisions of Subsection (a)
that desires to receive or participate in federal or state funding
is required to comply with all other provisions of this chapter and
with all regulations adopted under this chapter.
(e) The exemptions provided by Subsection (b) do not affect
the authority of local, regional, or state health department
officials, the state fire marshal, or local fire prevention
officials to inspect residential child-care facilities.
Sec. 49.102. RULES AND STANDARDS. (a) The executive
commissioner shall adopt rules to carry out the provisions of this
chapter.
(b) The executive commissioner shall conduct a
comprehensive review of all rules and standards at least every
three years. For purposes of this subsection, the three-year
period begins on the latest of the date of:
(1) the conclusion of the review of the rules and
standards;
(2) a decision by the executive commissioner not to
revise the rules and standards; or
(3) action by the executive commissioner adopting new
standards.
(c) The department shall provide a standard procedure for
receiving and recording complaints.
(d) The department shall provide standard forms for
applications, inspection reports, and exit conferences.
(e) The executive commissioner shall adopt minimum
standards that apply to licensed residential child-care facilities
and child-placing agencies covered by this chapter and that will:
(1) promote the health, safety, and welfare of
children receiving services from a facility;
(2) promote safe, comfortable, and healthy physical
facilities for children;
(3) ensure adequate supervision of children by
capable, qualified, and healthy personnel;
(4) ensure adequate and healthy food service where
food service is offered;
(5) prohibit racial discrimination by facilities;
(6) require procedures for parental and guardian
consultation in the formulation of children's educational and
therapeutic programs; and
(7) prevent the breakdown of foster care and adoptive
placement.
(f) In adopting minimum standards for the provision of
residential child-care services, the executive commissioner shall
recognize the various categories of services, including services
for specialized care, the various categories of children and their
particular needs, and the differences in the organization and
operation of residential child-care facilities, child-care
institutions, and child-placing agencies. Standards for
child-care institutions must require an intake study before a child
is placed in an institution. The intake study may be conducted at a
community mental health and mental retardation center.
(g) In adopting minimum standards, the executive
commissioner may recognize and treat differently the types of
services provided by:
(1) residential child-care facilities, including
child-care institutions, foster homes, and foster group homes;
(2) child-placing agencies;
(3) agency foster homes; and
(4) agency foster group homes.
(h) The department shall develop and implement a
classification and risk-analysis system to:
(1) classify each minimum standard adopted by the
executive commissioner under Subsection (e) as:
(A) an immediate health and safety issue;
(B) a procedural issue; or
(C) an administrative function; and
(2) assign a priority designation to each standard
within a classification that identifies the degree of risk that the
issue that is the subject of the standard presents to a child's
health and safety.
(i) In developing the classification and risk-analysis
system under Subsection (h), the department shall consult with a
committee appointed by the executive commissioner and composed of
representatives of public and private entities.
(j) Before adopting minimum standards under Subsection (e),
the executive commissioner shall present the proposed standards to
the State Advisory Committee on Residential Child-Care
Administrators and Facilities for review and comment, and shall
send a copy of the proposed standards to each license holder covered
by the proposed standards at least 60 days before the standards take
effect to provide the license holder an opportunity to review and
send written suggestions to the committee and the executive
commissioner.
(k) The executive commissioner or the department may waive
compliance with a minimum standard in a specific instance after a
determination that:
(1) the economic impact of compliance is sufficiently
great to make compliance impractical; and
(2) the waiver is not likely to jeopardize the health,
safety, or welfare of children.
(l) Not later than the 60th day before the date the
executive commissioner adopts a revision to the minimum standards,
the executive commissioner shall present the revision to the
appropriate legislative oversight committees that have
jurisdiction over residential child-care facilities and
child-placing agencies for review and comment.
(m) The executive commissioner by rule shall prescribe
minimum training standards for an employee of a regulated
residential child-care facility, including the time required for
completing the training. The executive commissioner may not
require an employee to repeat required training if the employee has
completed the training within the time prescribed by rule. The
department's local offices shall make available at the local office
locations a copy of the rules regarding minimum training standards,
information enabling the owner or operator of a regulated facility
to apply for training funds from other agencies to lower facility
costs, and any other materials the department may develop to assist
the owner or operator or other entity in providing the training.
Sec. 49.103. BEHAVIOR INTERVENTION PROGRAMS. (a) Each
residential child-care facility that contracts with the department
to provide foster care services shall implement a certified
behavior intervention program for the benefit of children served by
the facility who need assistance in managing their conduct.
(b) The program must include:
(1) behavior intervention instruction by a certified
instructor for staff members who work directly with children served
by the facility; and
(2) training approved by the department for all staff
members regarding risks associated with the use of prone
restraints.
Sec. 49.104. ASSESSMENT SERVICES. (a) In this section,
"assessment services" means the determination of the placement
needs of a child who requires substitute care.
(b) The executive commissioner by rule shall regulate
assessment services provided by residential child-care facilities
or child-placing agencies. A residential child-care facility or a
child-placing agency may not provide assessment services unless
specifically authorized by the executive commissioner.
(c) The executive commissioner by rule shall establish
minimum standards for assessment services. The standards must
provide that consideration is given to the individual needs of a
child, the appropriate place for provision of services, and the
factors listed in Section 49.102(e).
Sec. 49.105. TRAINING OF PERSONNEL. A licensed facility
shall provide training for staff members in:
(1) the recognition of symptoms of child abuse,
neglect, and sexual molestation and the responsibility and
procedure of reporting suspected occurrences of child abuse,
neglect, and sexual molestation to the department or other
appropriate entity;
(2) the application of first aid; and
(3) the prevention and spread of communicable
diseases.
Sec. 49.106. PARENTAL VISITATION. All areas of a licensed
facility must be accessible to a parent of a child who is receiving
care at the facility if the parent visits the child during the
facility's hours of operation.
Sec. 49.107. RULES FOR IMMUNIZATIONS. (a) The executive
commissioner shall adopt rules for the immunization of children in
facilities regulated under this chapter.
(b) The executive commissioner shall require that each
child at an appropriate age have a test for tuberculosis and be
immunized against diphtheria, tetanus, poliomyelitis, mumps,
rubella, and rubeola and against any other communicable disease as
recommended by the Department of State Health Services. The
immunization must be effective on the date of first entry into the
facility. However, a child may be provisionally admitted if the
required immunizations have begun and are completed as rapidly as
medically feasible.
(c) The executive commissioner shall adopt rules for the
provisional admission of children to facilities regulated under
this chapter and may modify or delete any of the immunizations
listed in Subsection (b) or require additional immunizations as a
requirement for admission to a facility.
(d) No immunization may be required for admission to a
facility regulated under this chapter if a person applying for a
child's admission submits one of the following affidavits:
(1) an affidavit signed by a licensed physician
stating that the immunization poses a significant risk to the
health and well-being of the child or a member of the child's family
or household; or
(2) an affidavit signed by the child's parent or
guardian stating that the applicant declines immunization for
reasons of conscience, including a religious belief.
(e) An affidavit submitted under Subsection (d)(2) must be
on a form described by Section 161.0041, Health and Safety Code, and
must be submitted not later than the 90th day after the date the
affidavit is notarized.
(f) Each regulated facility shall keep an individual
immunization record for each child admitted, and the records shall
be open for inspection by the department at all reasonable times.
(g) The Department of State Health Services shall provide
the immunizations required by this section to children in areas
where there is no local provision of immunization services.
Sec. 49.108. INSPECTIONS. (a) An authorized
representative of the department may visit a facility regulated
under this chapter during operating hours to investigate, inspect,
and evaluate.
(b) The department or an authorized representative of the
department shall inspect all licensed or certified facilities at
least once a year and may inspect other facilities as necessary. At
least one of the annual visits must be unannounced and all may be
unannounced.
(c) The department or an authorized representative of the
department must investigate a facility regulated under this chapter
when a complaint is received. The department or representative
must:
(1) notify the director or authorized representative
of the regulated facility when a complaint is being investigated;
and
(2) report in writing the results of the investigation
to the director or authorized representative of the facility.
(d) The department may call on political subdivisions and
governmental agencies for assistance in their authorized fields.
(e) An entity that enters into a contract with the
department under Section 264.106, Family Code, shall conduct
inspections of agency foster homes, agency foster group homes,
foster homes, and foster group homes as an authorized
representative of the department, and the department may not
directly conduct those inspections.
(f) Notwithstanding Subsection (e), the department shall
periodically conduct inspections of a random sample of agency
foster homes, agency foster group homes, foster homes, and foster
group homes in which a child-placing agency with which the
department contracts under Section 264.106, Family Code, places
children. The department shall use the inspections to monitor and
enforce the compliance of the child-placing agency with the minimum
standards adopted under Section 49.102. The department shall use
an inspection checklist that includes all of the required items for
inspection in conducting inspections under this subsection. This
subsection expires September 1, 2008.
Sec. 49.109. INSPECTOR QUALIFICATIONS AND TRAINING;
EXAMINATION. (a) The department shall hire qualified individuals
to inspect facilities regulated under this chapter. An individual
is qualified if the individual:
(1) holds a bachelor's degree or has at least three
years of relevant work experience;
(2) has experience and knowledge related to the
regulation and licensing of residential child-care facilities and
the provision of human services; and
(3) passes an examination required under Subsection
(b).
(b) The department shall develop and administer
examinations for department employees who inspect facilities
regulated under this chapter. An examination must be
competency-based and specifically tailored to a type of facility.
(c) The department shall develop and implement a training
program to provide appropriate specialized training to department
employees who inspect facilities regulated under this chapter. The
program must:
(1) include technical support training to enhance
clinical skills and the equality of services provided;
(2) be competency-based; and
(3) provide specific information to each employee
about the types of facilities the employee is expected to inspect
including the care those facilities provide.
(d) Annually, the department shall evaluate the training
program required by this section and shall update the program as
necessary.
(e) In developing the examinations required by Subsection
(b) and in developing and updating the training program as required
by Subsections (c) and (d), the department shall consult with child
advocates and with operators of residential child-care facilities
or their representatives.
(f) A department employee may not inspect, survey, or take
administrative action against a facility unless the employee has
passed the appropriate examination required by Subsection (b).
(g) This section does not apply to a person who conducts
inspections of agency foster homes, agency foster group homes,
foster homes, or foster group homes under a contract under Section
264.106, Family Code.
Sec. 49.110. INSPECTION RESULTS AND EXIT CONFERENCE. (a) On
completion of an inspection under Section 49.108, the inspector
shall hold an exit conference with a representative of the
inspected facility. The inspector shall provide to the
representative:
(1) a copy of the inspection checklist used by the
inspector; and
(2) a list of violations discovered during the
inspection that includes specific references to the minimum
standards related to the violations.
(b) The inspector shall provide the representative an
opportunity to respond to the violations discovered during the
inspection.
(c) If after holding an exit conference the inspector finds
additional violations in a subsequent inspection, the inspector
shall conduct another exit conference to provide the information
required by Subsection (a) with respect to the additional
violations.
Sec. 49.111. INFORMAL DISPUTE RESOLUTION. (a) The
executive commissioner by rule shall establish an informal dispute
resolution process under which a disinterested individual may
resolve a dispute between the department and a facility regarding a
violation discovered during an inspection, a proposed enforcement
action relating to the violation, or another related proceeding
under this chapter. The process must require:
(1) the aggrieved facility to request informal dispute
resolution not later than the 15th day after the date the facility
is notified of the violation, proposed enforcement action, or other
proceeding that is the basis of the dispute; and
(2) an individual representing the aggrieved facility
in the process to register with the commission and disclose the
following:
(A) the individual's employment history during
the preceding five years, including employment with a regulatory
agency of this state or another state;
(B) the ownership, including the identity of the
controlling person or persons, of the aggrieved facility the
individual is representing; and
(C) the identity of other entities the individual
is representing, or has represented during the preceding 24 months,
before the commission.
(b) The executive commissioner shall adopt rules to resolve
disputes under the informal dispute resolution process. The rules
must require that the process be completed not later than the 30th
day after the date the aggrieved facility requests informal dispute
resolution.
(c) The commission may not delegate to another state agency
the responsibility to administer the informal dispute resolution
process established under this section.
Sec. 49.112. INSPECTION INFORMATION DATABASE. (a) The
department shall establish a computerized database containing
inspection information, including violations of minimum standards,
on facilities inspected under Section 49.108.
(b) The department shall make the information collected by
the department available to another state agency or political
subdivision of the state for the purpose of administering programs
or enforcing laws within the jurisdiction of that agency or
subdivision. If feasible using available information systems, the
department shall make the information directly available to the
Department of State Health Services and the commission through
electronic information systems. The department, the Department of
State Health Services, and the commission shall jointly plan the
development of inspection databases that, to the extent feasible,
are similar in their design and architecture to promote the sharing
of information.
(c) The department shall categorize information regarding
violations of minimum standards collected under this section by:
(1) the type and size of the facility in which the
violation occurred;
(2) the region of this state in which the violation
occurred; and
(3) the type of violation.
(d) The department shall use the information to:
(1) identify trends in violations in relation to
regions of this state and types of facilities;
(2) identify minimum standards that are subject to
inconsistent interpretation;
(3) identify training needs;
(4) direct training and other resources to facilities
that present the greatest risk to child safety; and
(5) improve the quality of residential child-care
services without increasing expenditures.
Sec. 49.113. REQUIRED BACKGROUND SEARCH OF CENTRAL REGISTRY
OF REPORTED CASES OF CHILD ABUSE OR NEGLECT. (a) Before the
department issues or renews a license or certification under this
subchapter, the department shall search the central registry of
reported cases of child abuse or neglect established under Section
261.002, Family Code, to determine whether the applicant or the
owner or an employee of the facility is listed in the registry as a
person who abused or neglected a child.
(b) The executive commissioner may adopt rules to implement
this section.
Sec. 49.114. RECORDS. (a) A person who operates a
licensed or certified facility shall maintain individual child
development records, individual health records, statistical
records, and complete financial records.
(b) A person who provides adoption services under a license
to operate a child-placing agency shall furnish information
required by the department to determine whether adoption-related
income and disbursements are reasonable, appropriate, and in
compliance with the department's minimum standards.
(c) If a child-placing agency terminates operation as a
child-placing agency, the agency shall, after giving notice to the
department, transfer the agency's files and records concerning
adopted children, their biological families, and their adoptive
families to the Bureau of Vital Statistics or, after giving notice
to the Bureau of Vital Statistics, to a facility licensed by the
department to place children for adoption.
Sec. 49.115. APPLICATION FOR LICENSE. (a) An applicant
for a license to operate a residential child-care facility or a
child-placing agency shall submit to the department the appropriate
fee prescribed by Section 49.128 and a completed application on a
form provided by the department.
(b) The department shall supply the applicant the
application form and a copy of the appropriate minimum standards,
if applicable.
(c) After receiving an application, the department shall
investigate the applicant and the plan of care for children, if
applicable. As part of the investigation, the department shall
require the applicant to provide information about the applicant's
and each controlling person's compliance history with the
regulatory requirements in any other state in which the applicant
or controlling person operates or previously operated a residential
child-care facility or a child-placing agency.
(d) The department shall develop and implement procedures
to deny the application of an applicant whose facility license in
another state was revoked or who is barred from holding a license or
operating a foster facility in another state. The department shall
also ensure that an applicant described by this subsection may not
operate a foster home or foster group home that is directly or
indirectly under a contract with the department.
(e) The department shall complete the investigation and
decide on an application not later then the 60th day after the date
the department receives a completed application.
Sec. 49.116. PUBLIC NOTICE AND HEARING IN CERTAIN
COUNTIES. (a) Before the department may issue a license, other
than a renewal license, for the operation or the expansion of the
capacity of a foster home or foster group home that is located in a
county with a population of less than 300,000 and that provides
child care for 24 hours a day at a location other than the actual
residence of a child's primary caretaker or of a child-care
institution, the applicant for the license or expansion shall, at
the applicant's expense:
(1) conduct a public hearing on the application in
accordance with rules of the executive commissioner after notifying
the department of the date, time, and location of the hearing; and
(2) publish notice of the application in a newspaper
of general circulation in the community in which the residential
child-care services are proposed to be provided.
(b) The notice required by Subsection (a)(2) must be
published at least 10 days before the date of the public hearing
required by Subsection (a)(1) and must include:
(1) the name and address of the applicant;
(2) the address at which the residential child-care
services are proposed to be provided;
(3) the date, time, and location of the public
hearing;
(4) the name, address, and telephone number of the
department as the licensing authority; and
(5) a statement informing the public that a person may
submit written comments to the department concerning the
application instead of or in addition to appearing at the public
hearing.
(c) The department shall require a representative of the
department to attend the public hearing in an official capacity for
the purpose of receiving public comments on the application.
(d) Before issuing a license described by Subsection (a),
the department shall consider:
(1) the amount of local resources available to support
children proposed to be served by the applicant;
(2) the impact of the proposed residential child-care
services on the ratio in the local school district of students
enrolled in a special education program to students enrolled in a
regular education program and the effect, if any, on the children
proposed to be served by the applicant; and
(3) the impact of the proposed residential child-care
services on the community and the effect on opportunities for
social interaction for the children proposed to be served by the
applicant.
(e) The department may deny the application if the
department determines that:
(1) the community has insufficient resources to
support children proposed to be served by the applicant;
(2) granting the application would significantly
increase the ratio in the local school district of students
enrolled in a special education program to students enrolled in a
regular education program and the increase would adversely affect
the children proposed to be served by the applicant; or
(3) granting the application would have a significant
adverse impact on the community and would limit opportunities for
social interaction for the children proposed to be served by the
applicant.
(f) A child-placing agency that proposes to verify an agency
home or agency group home that is located in a county with a
population of less than 300,000 that provides child care for 24
hours a day at a location other than the actual residence of a
child's primary caretaker shall:
(1) comply with the notice and hearing requirements
imposed by Subsections (a) and (b); and
(2) after conducting the required public hearing,
provide the department with information relating to the
considerations specified in Subsection (d).
(g) The department may prohibit the child-placing agency
from verifying the proposed agency home or agency group home on the
same grounds that the department may deny an application under
Subsection (e).
Sec. 49.117. LIMITATION ON NUMBER AND CAPACITY OF
FACILITIES. The executive commissioner by rule shall appropriately
limit:
(1) the total number of residential child-care
facilities operating in a county, based on the population of the
county; and
(2) the total number of children a residential
child-care facility may serve, based on the capacity of other
residential child-care facilities in the county and the population
of the county.
Sec. 49.118. CONSULTATIONS. (a) The department shall
offer consultation to potential applicants, applicants, and
license and certification holders about meeting and maintaining
standards for licensing and certification and achieving programs of
excellence in child care.
(b) The department shall offer consultation to prospective
and actual users of facilities.
Sec. 49.119. LICENSING. (a) The department shall issue a
license after determining that an applicant has satisfied all
requirements.
(b) When issuing a license, the department may impose
restrictions on a facility, including the number of children to be
served and the type of children to be served.
(c) The department may grant a variance of an individual
standard prescribed in the applicable standards for good and just
cause.
(d) A license holder must display a license issued under
this chapter in a prominent place at the facility.
(e) A license issued under this chapter is not transferable
and applies only to the operator and facility location stated in the
license application. A change in location or ownership
automatically revokes a license.
(f) A license must be issued if the department determines
that a facility meets all requirements. The evaluation shall be
based on one or more visits to the facility and a review of required
forms and records. A license is valid until revoked or surrendered.
Sec. 49.120. LIABILITY INSURANCE REQUIRED. (a) A license
holder shall maintain liability insurance coverage in the amount of
$300,000 for each occurrence of negligence. An insurance policy or
contract required under this section must cover injury to a child
that occurs while the child is on the premises of the license holder
or in the care of the license holder.
(b) A license holder shall file with the department a
certificate or other evidence from an insurance company showing
that the license holder has an unexpired and uncanceled insurance
policy or contract that meets the requirements of this section.
(c) Should the license holder for financial reasons or for
lack of availability of an underwriter willing to issue a policy be
unable to secure the insurance required under Subsection (a) or
should the policy limits be exhausted, the license holder shall
notify the parent of or a person standing in parental relationship
to each child for whom the license holder provides care a written
notice that the liability coverage is not provided and there will
not be a ground for suspension or revocation of the license holder's
license under this chapter. The license holder shall also notify
the department that the coverage is not provided and provide the
reason for same. In no case shall the inability to secure coverage
serve to indemnify the license holder for damages due to
negligence.
(d) The insurance policy or contract shall be maintained at
all times in an amount as required by this section. Failure by a
license holder to renew the policy or contract or to maintain the
policy or contract in the required amount is a ground for suspension
or revocation of the license holder's license under this chapter.
Sec. 49.121. LICENSE RENEWAL. (a) A license holder may
apply for a new license in compliance with the requirements of this
chapter and the rules adopted by the executive commissioner.
(b) The application for a new license must be completed and
decided on by the department before the expiration of the license
under which a facility is operating.
(c) The department shall evaluate the application for a new
license to determine if all licensing requirements are met. The
evaluation may include a specified number of visits to the facility
and must include a review of all required forms and records.
Sec. 49.122. RENEWAL OF LICENSE. (a) A person who is
otherwise eligible to renew a license may renew an unexpired
license by paying the required annual fee to the department before
the expiration date of the license. A person whose license has
expired may not engage in activities that require a license until
the license has been renewed under this section.
(b) If the person's license has been expired for 90 days or
less, the person may renew the license by paying to the department
an amount equal to 1-1/2 times the required annual fee.
(c) If the person's license has been expired for longer than
90 days but less than one year, the person may renew the license by
paying to the department an amount equal to two times the required
annual fee.
(d) If the person's license has been expired for one year or
longer, the person may not renew the license. The person may obtain
a new license by complying with the requirements and procedures for
obtaining an original license.
(e) At least 30 days before the expiration of a person's
license, the department shall send written notice of the impending
license expiration to the person at the license holder's last known
address according to the records of the department.
Sec. 49.123. PROVISIONAL LICENSE. (a) The department
shall issue a provisional license when a facility's plans meet the
department's licensing requirements and one of the following
situations exists:
(1) the facility is not currently operating;
(2) the facility has relocated and has made changes in
the type of child-care services it provides; or
(3) there is a change in ownership of the facility
resulting in changes in policy and procedure or in the staff who
have direct contact with the children.
(b) A provisional license is valid for six months from the
date it is issued and may be renewed for an additional six months.
Sec. 49.124. CERTIFICATION. (a) A state-operated
residential child-care facility or child-placing agency must
receive certification of approval from the department. The
certification of approval remains valid until revoked or
surrendered.
(b) To be certified, a facility must comply with the
executive commissioner's rules and standards and any provisions of
this chapter that apply to a licensed facility of the same category.
The operator of a certified facility must display the certification
in a prominent place at the facility.
(c) The certification requirements of this section do not
apply to a Texas Youth Commission facility, a Texas Juvenile
Probation Commission facility, or a facility providing services
solely for the Texas Youth Commission.
(d) The certification requirements of this section do not
apply to a juvenile detention facility certified under Section
51.12, Family Code, or Section 141.042(d).
Sec. 49.125. DEPOSIT OF FEES. The fees authorized by this
chapter and received by the department shall be deposited in the
general revenue fund.
Sec. 49.126. AGENCY FOSTER HOMES AND AGENCY FOSTER GROUP
HOMES. (a) An agency foster home or agency foster group home is
considered part of the child-placing agency that operates the
agency foster home or agency foster group home for purposes of
licensing.
(b) The operator of a licensed agency shall display a copy
of the license in a prominent place in the agency foster home or
agency foster group home used by the agency.
(c) An agency foster home or agency foster group home shall
comply with all provisions of this chapter and all rules and
standards that apply to a residential child-care facility caring
for a similar number of children for a similar number of hours each
day.
(d) The department shall revoke or suspend the license of a
child-placing agency if an agency foster home or agency foster
group home operated by the licensed agency fails to comply with
Subsection (c).
Sec. 49.127. REQUIRED INFORMATION FOR VERIFICATION. (a) A
child-placing agency that seeks to verify an agency home or an
agency group home shall request background information about the
agency home or group home from a child-placing agency that has
previously verified that agency home or agency group home.
(b) Notwithstanding Section 261.201, Family Code, a
child-placing agency that has verified an agency home or an agency
group home is required to release to another child-placing agency
background information requested under Subsection (a).
(c) A child-placing agency that releases background
information under this section is immune from civil and criminal
liability for the release of the information.
(d) For purposes of this section, background information
means the home study under which the agency home or agency group
home was verified by the previous child-placing agency and any
record of noncompliance with state minimum standards received and
the resolution of any such noncompliance by the previous
child-placing agency.
Sec. 49.128. FEES. (a) The department shall charge an
applicant a nonrefundable application fee of $35 for an initial
license to operate a residential child-care facility or a
child-placing agency.
(b) The department shall charge each residential child-care
facility a fee of $35 for a provisional license. The department
shall charge each child-placing agency a fee of $50 for a
provisional license.
(c) The department shall charge each licensed residential
child-care facility an annual license fee in the amount of $35 plus
$1 for each child the facility is permitted to serve. The fee is due
on the date the department issues the facility's initial license
and on the anniversary of that date.
(d) The department shall charge each licensed child-placing
agency an annual license fee of $100. The fee is due on the date the
department issues the child-placing agency's initial license and on
the anniversary of that date.
(e) If a facility or agency fails to pay the annual fee when
due, the license is suspended until the fee is paid.
(f) Subsections (b) through (e) do not apply to:
(1) licensed foster homes and licensed foster group
homes;
(2) nonprofit facilities regulated under this chapter
that provided 24-hour care for children in the managing
conservatorship of the department during the 12-month period
immediately preceding the anniversary date of the facility's
license; or
(3) facilities operated by a nonprofit corporation or
foundation that provides 24-hour residential care and does not
charge for the care provided.
Sec. 49.129. SIGN POSTING. (a) Each residential
child-care facility shall post in a location that is conspicuous to
all employees and customers a sign that includes:
(1) a description of the provisions of the Family Code
relating to the duty to report child abuse or neglect;
(2) a description of the penalties for violating the
reporting provisions of the Family Code; and
(3) a brief description of sudden infant death
syndrome, shaken-baby syndrome, and childhood diabetes and methods
for preventing those phenomena.
(b) The department by rule shall determine the design, size,
and wording of the sign.
(c) The department shall provide the sign to each
residential child-care facility without charge.
(d) A person who operates a residential child-care facility
commits an offense if the department provides a sign to the facility
as provided by this section and the person intentionally fails to
display the sign in the facility as prescribed by this section. An
offense under this subsection is a Class C misdemeanor.
Sec. 49.130. REQUIRED BACKGROUND AND CRIMINAL HISTORY
CHECKS. (a) In accordance with rules adopted by the executive
commissioner, the director, owner, or operator of a residential
child-care facility shall, when applying to operate a residential
child-care facility and at least once during each 24 months after
receiving a license or certification of approval, submit to the
department for use in conducting background and criminal history
checks:
(1) the name of the director, owner, and operator of
the facility and the name of each person employed at the facility;
and
(2) the name of each person 14 years of age or older
who will regularly or frequently be staying or working at the
facility while children are being provided care.
(b) The department shall conduct background and criminal
history checks using:
(1) the information provided under Subsection (a);
(2) the information made available by the Department
of Public Safety under Section 411.114, Government Code, or by the
Federal Bureau of Investigation or other criminal justice agency
under Section 411.087, Government Code; and
(3) the department's records of reported abuse and
neglect.
(c) The executive commissioner by rule shall require a
residential child-care facility to pay to the department a fee in an
amount not to exceed the administrative costs the department incurs
in conducting a background and criminal history check under this
section.
Sec. 49.131. RULES REGARDING ADVERTISING OR COMPETITIVE
BIDDING. (a) The executive commissioner may not adopt rules
restricting advertising or competitive bidding by a license holder
except to prohibit false, misleading, or deceptive practices or to
prevent a violation of this chapter.
(b) In its rules to prohibit false, misleading, or deceptive
practices, the executive commissioner may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a license holder's personal
appearance or voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the license holder; or
(4) restricts the license holder's advertisement under
a trade name.
Sec. 49.132. REQUIRED AFFIDAVIT FOR APPLICANTS FOR
EMPLOYMENT WITH FACILITY. (a) An applicant for temporary or
permanent employment with a licensed facility whose employment or
potential employment with the facility involves direct
interactions with or the opportunity to interact and associate with
children must execute and submit the following affidavit with the
application for employment:
STATE OF _____________
COUNTY OF ____________
I swear or affirm under penalty of perjury that I do not now
and I have not at any time, either as an adult or as a juvenile:
1. Been convicted of;
2. Pleaded guilty to (whether or not resulting in a
conviction);
3. Pleaded nolo contendere or no contest to;
4. Admitted;
5. Had any judgment or order rendered against me (whether by
default or otherwise);
6. Entered into any settlement of an action or claim of;
7. Had any license, certification, employment, or volunteer
position suspended, revoked, terminated, or adversely affected
because of;
8. Resigned under threat of termination of employment or
volunteerism for;
9. Had a report of child abuse or neglect made and
substantiated against me for; or
10. Have any pending criminal charges against me in this or
any other jurisdiction for;
Any conduct, matter, or thing (irrespective of formal name
thereof) constituting or involving (whether under criminal or civil
law of any jurisdiction):
1. Any felony;
2. Rape or other sexual assault;
3. Physical, sexual, emotional abuse and/or neglect of a
minor;
4. Incest;
5. Exploitation, including sexual, of a minor;
6. Sexual misconduct with a minor;
7. Molestation of a child;
8. Lewdness or indecent exposure;
9. Lewd and lascivious behavior;
10. Obscene or pornographic literature, photographs, or
videos;
11. Assault, battery, or any violent offense involving a
minor;
12. Endangerment of a child;
13. Any misdemeanor or other offense classification
involving a minor or to which a minor was a witness;
14. Unfitness as a parent or custodian;
15. Removing children from a state or concealing children in
violation of a court order;
16. Restrictions or limitations on contact or visitation
with children or minors resulting from a court order protecting a
child or minor from abuse, neglect, or exploitation; or
17. Any type of child abduction.
Except the following (list all incidents, location,
description, and date) (if none, write NONE)
Signed ________________________
Date _______________.
Subscribed and sworn to (or affirmed) before me this ________
day of ________________,____________.
Signature of notarial officer
____________________________________.
(seal, if any, of notarial officer)
My commission expires: ____________
(b) The failure or refusal of the applicant to sign or
provide the affidavit constitutes good cause for refusal to hire
the applicant.
[Sections 49.133-49.150 reserved for expansion]
SUBCHAPTER D. REMEDIES
Sec. 49.151. RANGE OF PENALTIES. The department shall
revoke, suspend, or refuse to renew a license, place on probation a
person whose license has been suspended, or reprimand a license
holder for a violation of this chapter or a rule of the executive
commissioner. If a license suspension is probated, the department
may require the license holder to:
(1) report regularly to the department on matters that
are the basis of the probation;
(2) limit services to the areas prescribed by the
department;
(3) continue or review professional education until
the license holder attains a degree of skill satisfactory to the
department in those areas that are the basis of the probation; or
(4) take corrective action relating to the violation
on which the probation is based.
Sec. 49.152. SUSPENSION, EVALUATION, OR PROBATION OF
LICENSE. (a) The department may suspend the license of a facility
that has temporarily ceased operation but has definite plans for
starting operations again within the time limits of the issued
license.
(b) The department may suspend a facility's license for a
definite period rather than deny or revoke the license if the
department finds repeated noncompliance with standards that do not
endanger the health and safety of children. To qualify for license
suspension under this subsection, a facility must suspend its
operations and show that standards can be met within the suspension
period.
(c) If the department finds a facility is in repeated
noncompliance with standards that do not endanger the health and
safety of children, the department may schedule the facility for
evaluation or probation rather than suspend or revoke the
facility's license. The department shall provide notice to the
facility of the evaluation or probation and of the items of
noncompliance not later than the 10th day before the evaluation or
probation period begins. The department shall designate a period
of not less than 30 days during which the facility will remain under
evaluation. During the evaluation or probation period, the
facility must correct the items that were in noncompliance and
report the corrections to the department for approval.
(d) The department shall revoke the license of a facility
that does not comply with standards at the end of a license
suspension.
(e) The department may suspend or revoke the license of a
facility that does not correct items that were in noncompliance or
that does not comply with required standards within the applicable
evaluation or probation period.
Sec. 49.153. COSTS CHARGED TO FACILITY. The department may
charge a facility for reimbursement of the reasonable cost of
services provided by the department in formulating, monitoring, and
implementing a corrective action plan for the facility.
Sec. 49.154. LICENSE OR CERTIFICATION DENIAL, SUSPENSION,
OR REVOCATION. (a) The department may suspend, deny, revoke, or
refuse to renew the license or certification of approval of a
facility that does not comply with the requirements of this
chapter, the standards and rules of the executive commissioner, or
the specific terms of the license or certification. The department
may revoke the probation of a person whose license is suspended if
the person violates a term of the conditions of probation.
(b) If the department proposes to take an action under
Subsection (a), the person is entitled to a hearing conducted by the
State Office of Administrative Hearings. Proceedings for a
disciplinary action are governed by Chapter 2001, Government Code.
Rules of practice adopted under Section 2001.004, Government Code,
applicable to the proceedings for a disciplinary action may not
conflict with rules adopted by the State Office of Administrative
Hearings.
(c) A person whose license or certification is revoked or
whose application for a license or certification is denied may not
apply for any license or certification under this chapter before
the fifth anniversary of the date the revocation takes effect by
department or court order or the decision to deny the application or
certification is final, as applicable.
(d) Notwithstanding Subsection (c), the department shall
refuse to issue a license or certification for the operation of a
residential child-care facility to a person who previously held an
ownership interest in or served as an officer, director, board
member, or administrator of a residential child-care facility at
the time of the occurrence of conduct that resulted in:
(1) the license or certification of the facility being
revoked by the department or by court order; or
(2) the facility being voluntarily closed or its
license or certification relinquished after:
(A) the department took an action under
Subsection (a) in relation to the facility; or
(B) the facility received notice that the
department intended to take an action under Subsection (a) in
relation to the facility.
(e) The executive commissioner by rule may provide for
denial of an application or renewal for a licensed facility or may
revoke a facility's license based on findings of background or
criminal history as a result of a background or criminal history
check.
(f) A person may continue to operate a facility during an
appeal of a license denial or revocation unless the revocation or
denial is based on a violation that poses a risk to the health or
safety of children. The executive commissioner by rule shall
prescribe the violations that pose a risk to the health or safety of
children. The department shall notify the facility of the
violation that poses a risk to health or safety and that the
facility may not operate. A person who has been notified by the
department that the facility may not operate under this section may
seek injunctive relief from a district court in Travis County or in
the county in which the facility is located to allow operation
during the pendency of an appeal. The court may grant injunctive
relief against the department's action only if the court finds that
operation of the facility does not pose a health or safety risk to
children. Except as provided by Chapter 2001, Government Code, a
court granting injunctive relief under this subsection does not
have other jurisdiction over an appeal of a final department
decision.
Sec. 49.155. EMERGENCY SUSPENSION AND CLOSURE OF FACILITY.
(a) The department shall suspend a facility's license and order the
immediate closing of the facility if:
(1) the department finds the facility is operating in
violation of the applicable standards prescribed by this chapter;
and
(2) the violation creates an immediate threat to the
health and safety of the children residing in the facility.
(b) The department may suspend a facility's license and
order the immediate closing of the facility based on a serious
allegation that indicates the possibility of immediate risk to the
health and safety of the children residing in the facility.
(c) An order suspending a license and an order closing a
facility under this section is immediately effective on the date
the holder of the license receives written notice or on a later date
specified in the order.
(d) An order is valid for 30 days after the effective date of
the order.
(e) A department inspector may immediately suspend a
facility's license and order the immediate closing of the facility
at the time of an investigation if the inspector discovers a
violation or condition described by Subsection (a) or (b). The
department shall:
(1) train inspectors in the proper procedures for
license suspension; and
(2) provide inspectors with necessary administrative
support to order the emergency suspension.
(f) The department and the State Office of Administrative
Hearings shall expedite any hearing or decision involving an
emergency suspension or closure order issued under this section.
Sec. 49.156. INJUNCTIVE RELIEF. (a) When it appears that
a person has violated, is violating, or is threatening to violate a
licensing or certification requirement of this chapter or a
licensing or certification rule or standard, the department may
file a suit in a district court in Travis County or in the county
where the facility is located for assessment and recovery of civil
penalties under Section 49.157, for injunctive relief, including a
temporary restraining order, or for both injunctive relief and
civil penalties.
(b) The district court shall grant the injunctive relief the
facts warrant.
(c) At the department's request, the attorney general or the
county or district attorney of the county in which the facility is
located shall conduct a suit in the name of the State of Texas for
injunctive relief, to recover the civil penalty, or for both
injunctive relief and civil penalties as authorized by Subsection
(a).
(d) Injunctive relief provided by this section is in
addition to any other action, proceeding, or remedy authorized by
law. It is not necessary to allege or prove in an action filed under
this section that an adequate remedy at law does not exist or that
substantial or irreparable harm would result from the continued
violation.
(e) The department is not required to give an appeal bond in
an action arising under this section.
Sec. 49.157. CIVIL PENALTY. (a) A person is subject to a
civil penalty of not less than $50 or more than $100 for each day of
violation and for each act of violation if the person:
(1) threatens serious harm to a child in a facility by
violating a provision of this chapter or a rule or standard;
(2) violates a provision of this chapter or a rule or
standard three or more times within a 12-month period; or
(3) places a public advertisement for an unlicensed
facility.
(b) The civil penalty authorized by this section is
cumulative and in addition to the criminal penalties and injunctive
relief provided by this chapter.
Sec. 49.158. CRIMINAL PENALTIES. (a) A person who
operates a residential child-care facility or a child-placing
agency without a license commits a Class B misdemeanor.
(b) A person who places a public advertisement for an
unlicensed facility commits a Class C misdemeanor.
(c) It is not an offense under this section if a
professional provides legal or medical services to:
(1) a parent who identifies the prospective adoptive
parent and places the child for adoption without the assistance of
the professional; or
(2) a prospective adoptive parent who identifies a
parent and receives placement of a child for adoption without
assistance of the professional.
Sec. 49.159. NOTICE OF ACTION OR PROPOSED ACTION AGAINST
FACILITY. (a) If the department revokes or suspends a facility's
license, the department shall publish notice of this action in a
newspaper of general circulation in the county in which the
facility is located. The newspaper shall place the notice in the
section in which advertisements for day-care services are normally
published.
(b) If a person who operates a facility that has had its
license revoked or suspended later applies for a new license to
operate the same facility, the department shall charge the person
an application fee in an amount necessary to reimburse the
department for the cost of the notice relating to that facility.
(c) The department shall pay for publication of the notice
from funds appropriated to the department for licensing and
regulating residential child-care facilities and from appeal and
application fees collected under Subsection (b) and appropriated to
the department.
(d) If the department determines that the license of a
facility should be revoked or suspended, the facility shall mail
notification of the action or proposed action by certified mail to a
parent of each child served by the facility, if the person's
parental rights have not been terminated, and to the child's
managing conservator, as appropriate. The facility shall mail the
notification within five days of the date the facility is notified
of the department's determination that revocation or suspension of
the license is appropriate.
Sec. 49.160. ADMINISTRATIVE PENALTY. (a) The department
may impose an administrative penalty against a facility licensed
under this chapter or a controlling person of the facility if the
facility or person:
(1) violates this chapter or a rule, standard, or
order adopted under this chapter or a term of a license issued under
this chapter;
(2) makes a statement about a material fact that the
facility or person knows or should know is false:
(A) on an application for the issuance or renewal
of a license or an attachment to the application; or
(B) in response to a matter under investigation;
(3) refuses to allow a representative of the
department to inspect a book, record, or file required to be
maintained by the facility or any part of the premises of the
facility;
(4) purposefully interferes with the work of a
representative of the department or the enforcement of this
chapter; or
(5) fails to pay a penalty assessed under this chapter
not later than the date the penalty is due, as determined under
Sections 49.161-49.166.
(b) Nonmonetary, administrative penalties or remedies,
including corrective action plans, probation, and evaluation
periods, shall be imposed before monetary penalties are imposed,
when appropriate.
(c) Each day a violation continues or occurs is a separate
violation for purposes of imposing a penalty. The penalty for a
violation may be in an amount not to exceed the following limits,
based on the maximum number of children for which the facility was
authorized to provide care when the violation occurred: Number of children Maximum amount of penalty
20 or less $100
21-40 $150
41-60 $200
61-80 $250
81-100 $375
More than 100 $500
(d) In addition to the number of children for which the
facility is authorized to provide care, the amount of the penalty
shall be based on:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of any prohibited acts,
and the hazard or potential hazard created to the health, safety, or
economic welfare of the public;
(2) the economic harm to property or the environment
caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter future violations;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.
(e) Monetary penalties may not be imposed for violations of
clerical errors or standards that do not clearly apprise the
facility of the action required by the standard.
Sec. 49.161. REPORT RECOMMENDING ADMINISTRATIVE PENALTY.
(a) If the department, after examining a possible violation and
facts surrounding the possible violation, concludes that a facility
or controlling person has committed a violation for which an
administrative penalty may be imposed under Section 49.160, the
department shall issue a report stating the facts on which the
department bases that conclusion.
(b) The report shall recommend a penalty and the amount of
the penalty, as appropriate.
(c) The department shall provide written notice of the
report to the facility or controlling person of the facility not
later than the 10th day after the date the department issues the
report. The notice must include:
(1) a brief summary of the violations;
(2) the amount of any penalty recommended;
(3) whether the violations are subject to correction
as provided by Section 49.162 and, if so:
(A) the date on which the facility or controlling
person must file a plan of correction with the department to be
approved by the department; and
(B) the date on which the plan of correction must
be implemented to avoid assessment of the penalty;
(4) a statement that, on request, the facility or
controlling person is entitled to a hearing on the violation, the
penalty amount, or both; and
(5) the method by which the facility or controlling
person may obtain a copy of the report.
(d) Not later than the 20th day after the date the notice
under Subsection (c) is received by the facility or controlling
person, the facility or person shall provide in writing to the
department:
(1) consent to the department's report, including the
recommended penalty; or
(2) a request for a hearing.
(e) If the violation is subject to correction under Section
49.162, the facility or controlling person may submit a plan of
correction to the department for approval not later than the 10th
day after the date the notice under Subsection (c) is received by
the facility or person.
(f) If the facility or controlling person subject to a
violation consents to the penalty recommended by the department or
does not respond in a timely manner to the notice received under
Subsection (c), the commissioner or the commissioner's designee
shall assess the penalty recommended by the department.
(g) If the commissioner or the commissioner's designee
assesses the recommended penalty, the department shall provide
written notice of the decision to the facility or controlling
person. The notice must state the date by which the facility or
person must pay the penalty.
Sec. 49.162. CORRECTION OF VIOLATION. (a) The department
may not require payment of an administrative penalty imposed under
Section 49.160 if the facility or controlling person corrects the
violation in accordance with the plan of correction approved by the
department under Section 49.161 and the violation does not recur
before the first anniversary of the date the correction was
completed.
(b) If the facility or controlling person commits the
violation again before the first anniversary of the date the
correction was completed, the department shall impose and require
payment of a penalty for the subsequent violation that is equal to
three times the amount of the original penalty imposed.
(c) Subsection (a) does not apply to:
(1) a violation determined by the department to have
resulted in serious harm to or the death of a child;
(2) a violation described by any of the factors under
Sections 49.160(a)(2)-(5); or
(3) a penalty imposed under Subsection (b) for a
subsequent violation.
(d) The department shall inspect a correction made under
this section or take any other step necessary to assess the
correction and shall, after making a determination about the
satisfactory nature of the correction, notify the facility or
controlling person that the correction is:
(1) satisfactory, and that the penalty will not be
collected by the department; or
(2) not satisfactory, and that the department will
take action to collect the recommended penalty.
Sec. 49.163. HEARING ON ADMINISTRATIVE PENALTY. (a) A
facility or controlling person may request a hearing in writing on
or before the 20th day after the date the notice under Section
49.161 is received by the facility or person.
(b) On receipt of a timely request for a hearing, an
administrative law judge shall order a hearing and provide notice
of the hearing.
(c) The hearing shall be held before an administrative law
judge.
(d) The administrative law judge shall:
(1) make findings of fact and conclusions of law in a
written decision regarding whether a facility or controlling person
has committed a violation for which an administrative penalty may
be imposed under Section 49.160; and
(2) make a recommendation regarding the amount of the
proposed penalty, as appropriate.
(e) Based on the findings of fact and conclusions of law and
the recommendation of the administrative law judge, the
commissioner or the commissioner's designee by order shall:
(1) find that the violation has occurred and assess an
administrative penalty; or
(2) find that the violation has not occurred.
(f) If the commissioner or the commissioner's designee
finds that a violation has not occurred, the commissioner or the
commissioner's designee shall destroy all records relating to the
department's findings regarding the violation and a recommendation
for an administrative penalty except:
(1) records obtained by the department during its
investigation; and
(2) the administrative law judge's findings of fact
and conclusions of law.
(g) Proceedings under this section are subject to Chapter
2001, Government Code.
Sec. 49.164. NOTICE AND PAYMENT OF ADMINISTRATIVE PENALTY;
INTEREST; REFUND. (a) The commissioner or the commissioner's
designee shall provide the facility or controlling person with
notice of the findings made under Section 49.163(d). If the
commissioner or the commissioner's designee finds that a violation
has occurred, the commissioner or the commissioner's designee shall
also provide to the facility or controlling person written notice
of:
(1) the findings;
(2) the amount of the administrative penalty;
(3) the rate of interest payable with respect to the
penalty and the date that interest begins to accrue;
(4) whether action under Section 49.166 is required in
lieu of payment of all or part of the penalty; and
(5) the person's right to judicial review of the order
of the commissioner or the commissioner's designee.
(b) Not later than the 30th day after the date the order of
the commissioner or the commissioner's designee is final, the
facility or controlling person subject to the penalty shall:
(1) pay the full amount of the penalty;
(2) pay the full amount of the penalty and file a
petition for judicial review contesting the occurrence of the
violation, the amount of the penalty, the department's
dissatisfaction with efforts to correct the violation, or any
combination of those issues; or
(3) without paying the full amount of the penalty,
file a petition for judicial review contesting the occurrence of
the violation, the amount of the penalty, the department's
dissatisfaction with efforts to correct the violation, or any
combination of those issues.
(c) Notwithstanding Subsection (b), the department may
allow the facility or controlling person to pay a penalty in
installments or require the facility or person to use all or part of
the amount of the penalty in accordance with Section 49.165.
(d) If the facility or controlling person fails to pay an
assessed penalty in the manner and by the date required by the
department:
(1) the penalty is subject to interest; and
(2) the department may refer the matter to the
attorney general for collection of the penalty and interest.
(e) Interest required under Subsection (d)(1) accrues:
(1) at a rate equal to the rate charged on loans to
depository institutions by the New York Federal Reserve Bank; and
(2) for the period beginning on the day after the date
the penalty becomes due and ending on the date the penalty is paid.
(f) If the amount of the penalty is reduced or the
assessment of a penalty is reversed on judicial review, the
commissioner shall:
(1) remit to the facility or controlling person the
appropriate amount of any penalty payment plus accrued interest; or
(2) execute a release of the supersedeas bond if one
has been posted.
(g) Accrued interest on amounts remitted by the
commissioner under Subsection (f)(1) shall be paid:
(1) at a rate equal to the rate charged on loans to
depository institutions by the New York Federal Reserve Bank; and
(2) for the period beginning on the date the penalty is
paid and ending on the date the penalty is remitted to the facility
or controlling person subject to the violation.
Sec. 49.165. STAY OF ENFORCEMENT OF PENALTY. (a) Within
the period described by Section 49.164(b), a facility or
controlling person who acts under Section 49.164(b)(3) may:
(1) stay enforcement of the penalty by:
(A) paying the amount of the penalty to the court
for placement in an escrow account; or
(B) giving to the court a supersedeas bond that
is approved by the court for the amount of the penalty and that is
effective until all judicial review of the order is final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the facility or person stating that the facility or person is
financially unable to pay the amount of the penalty and is
financially unable to give the supersedeas bond; and
(B) giving a copy of the affidavit to the
commissioner by certified mail.
(b) On receipt of a copy of an affidavit under Subsection
(a)(2), the commissioner may file with the court, within five days
after the date the copy is received, a contest to the affidavit.
The court shall hold a hearing on the facts alleged in the affidavit
as soon as practicable and shall stay the enforcement of the penalty
on finding that the alleged facts are true. The facility or person
who files an affidavit has the burden of proving that the facility
or person is financially unable to pay the amount of the penalty and
to give a supersedeas bond.
Sec. 49.166. AMELIORATION OF VIOLATION. (a) In lieu of
requiring payment of an administrative penalty imposed under
Section 49.160, the commissioner may allow the facility or
controlling person to use, under the supervision of the department,
an amount of money equal to the penalty imposed or any portion of
the penalty imposed to ameliorate the violation or improve
services, other than administrative services, at the facility.
(b) If the department determines that the violation does not
constitute an immediate threat to the health and safety of a child
residing in the facility, the department shall offer amelioration
to the facility or controlling person for the violation.
(c) The department shall offer amelioration to a facility or
controlling person not later than the 10th day after the date the
facility or person receives from the department a final
notification of the recommended assessment of an administrative
penalty that is sent to the person after an informal dispute
resolution process but before an administrative hearing under
Section 49.163.
(d) A facility or controlling person to whom amelioration
has been offered must file a plan for amelioration not later than
the 45th day after the date the facility or person receives the
offer of amelioration from the department. In the plan, the
facility or person must agree to waive the facility's or person's
right to an administrative hearing under Section 49.163 if the
department approves the plan.
(e) At a minimum, a plan for amelioration must:
(1) propose changes to the management or operation of
the facility that will improve services to or the quality of care of
children residing in the facility;
(2) identify, through measurable outcomes, the ways in
which and the extent to which the proposed changes will improve
services to or the quality of care of children residing in the
facility;
(3) establish clear goals to be achieved through the
proposed changes;
(4) establish a timeline for implementing the proposed
changes; and
(5) identify specific actions necessary to implement
the proposed changes.
(f) In addition to the factors required in Subsection (e),
an amelioration plan may propose changes to improve staff
recruitment and retention and the overall quality of life for
children residing in the facility.
(g) The department shall approve or deny an amelioration
plan not later than the 45th day after the date the department
receives the plan. On approval of a facility's or controlling
person's plan, the department shall deny any pending request for a
hearing submitted by the facility or person under Section 49.161.
(h) The department may not offer amelioration to a facility
or controlling person:
(1) except as provided by Subdivision (2), more than
three times in a two-year period; or
(2) more than one time in a two-year period for the
same or a similar violation.
(b) Section 264.1075, Family Code, is amended to read as
follows:
Sec. 264.1075. USE OF ASSESSMENT SERVICES. Before placing
a child in substitute care, the department shall use assessment
services provided by a residential child-care facility or a
child-placing agency in accordance with Section 49.104 [42.0425],
Human Resources Code, to determine the appropriate substitute care
for the child.
(c) Not later than September 1, 2006, the Department of
Family and Protective Services shall:
(1) develop the classification and risk-analysis
system required by Section 49.102(h), Human Resources Code, as
added by this section; and
(2) classify and assign priority designations to each
minimum standard adopted under Section 49.102, Human Resources
Code, as added by this section.
(d) Not later than January 1, 2006, the Department of Family
and Protective Services shall develop and begin administering the
examinations for inspectors required by Section 49.109, Human
Resources Code, as added by this section.
(e) Sections 49.109(a) and (f), Human Resources Code, as
added by this section, apply to an employee of the Department of
Family and Protective Services who conducts an inspection of a
facility, as defined by Section 49.002, Human Resources Code, as
added by this section, on or after March 1, 2006.
(f) Sections 49.160-49.166, Human Resources Code, as added
by this section, apply only to conduct occurring on or after the
effective date of this section. Conduct that occurs before the
effective date of this section is governed by the law in effect on
the date the conduct occurred, and the former law is continued in
effect for that purpose.
SECTION 1.17. (a) Section 39.182(a), Education Code, is
amended to read as follows:
(a) Not later than December 1 of each year, the agency shall
prepare and deliver to the governor, the lieutenant governor, the
speaker of the house of representatives, each member of the
legislature, the Legislative Budget Board, and the clerks of the
standing committees of the senate and house of representatives with
primary jurisdiction over the public school system a comprehensive
report covering the preceding school year and containing:
(1) an evaluation of the achievements of the state
educational program in relation to the statutory goals for the
public education system under Section 4.002;
(2) an evaluation of the status of education in the
state as reflected by the academic excellence indicators adopted
under Section 39.051;
(3) a summary compilation of overall student
performance on academic skills assessment instruments required by
Section 39.023 with the number and percentage of students exempted
from the administration of those instruments and the basis of the
exemptions, aggregated by grade level, subject area, campus, and
district, with appropriate interpretations and analysis, and
disaggregated by race, ethnicity, gender, and socioeconomic
status;
(4) a summary compilation of overall performance of
students placed in a disciplinary [an] alternative education
program established under Section 37.008 on academic skills
assessment instruments required by Section 39.023 with the number
of those students exempted from the administration of those
instruments and the basis of the exemptions, aggregated by
district, grade level, and subject area, with appropriate
interpretations and analysis, and disaggregated by race,
ethnicity, gender, and socioeconomic status;
(5) a summary compilation of overall performance of
students at risk of dropping out of school, as defined by Section
29.081(d), on academic skills assessment instruments required by
Section 39.023 with the number of those students exempted from the
administration of those instruments and the basis of the
exemptions, aggregated by district, grade level, and subject area,
with appropriate interpretations and analysis, and disaggregated
by race, ethnicity, gender, and socioeconomic status;
(6) a summary compilation of overall performance of
students in foster care or other residential care under the
conservatorship of the Department of Family and Protective Services
on academic skills assessment instruments required by Section
39.023 with the number of those students exempted from the
administration of those instruments and the basis of the
exemptions, aggregated by district, grade level, and subject area,
with appropriate interpretations and analysis, and disaggregated
by race, ethnicity, gender, and socioeconomic status;
(7) [(6)] an evaluation of the correlation between
student grades and student performance on academic skills
assessment instruments required by Section 39.023;
(8) [(7)] a statement of the dropout rate of students
in grade levels 7 through 12, expressed in the aggregate and by
grade level, and a statement of the completion rates of students for
grade levels 9 through 12;
(9) [(8)] a statement of:
(A) the completion rate of students who enter
grade level 9 and graduate not more than four years later;
(B) the completion rate of students who enter
grade level 9 and graduate, including students who require more
than four years to graduate;
(C) the completion rate of students who enter
grade level 9 and not more than four years later receive a high
school equivalency certificate;
(D) the completion rate of students who enter
grade level 9 and receive a high school equivalency certificate,
including students who require more than four years to receive a
certificate; and
(E) the number and percentage of all students who
have not been accounted for under Paragraph (A), (B), (C), or (D);
(10) [(9)] a statement of the projected
cross-sectional and longitudinal dropout rates for grade levels 9
through 12 for the next five years, assuming no state action is
taken to reduce the dropout rate;
(11) [(10)] a description of a systematic, measurable
plan for reducing the projected cross-sectional and longitudinal
dropout rates to five percent or less for the 1997-1998 school year;
(12) [(11)] a summary of the information required by
Section 29.083 regarding grade level retention of students and
information concerning:
(A) the number and percentage of students
retained; and
(B) the performance of retained students on
assessment instruments required under Section 39.023(a);
(13) [(12)] information, aggregated by district type
and disaggregated by race, ethnicity, gender, and socioeconomic
status, on:
(A) the number of students placed in a
disciplinary [an] alternative education program established under
Section 37.008;
(B) the average length of a student's placement
in a disciplinary [an] alternative education program established
under Section 37.008;
(C) the academic performance of students on
assessment instruments required under Section 39.023(a) during the
year preceding and during the year following placement in a
disciplinary [an] alternative education program; and
(D) the dropout rates of students who have been
placed in a disciplinary [an] alternative education program
established under Section 37.008;
(14) [(13)] a list of each school district or campus
that does not satisfy performance standards, with an explanation of
the actions taken by the commissioner to improve student
performance in the district or campus and an evaluation of the
results of those actions;
(15) [(14)] an evaluation of the status of the
curriculum taught in public schools, with recommendations for
legislative changes necessary to improve or modify the curriculum
required by Section 28.002;
(16) [(15)] a description of all funds received by and
each activity and expenditure of the agency;
(17) [(16)] a summary and analysis of the
instructional expenditures ratios and instructional employees
ratios of school districts computed under Section 44.0071;
(18) [(17)] a summary of the effect of deregulation,
including exemptions and waivers granted under Section 7.056 or
39.112;
(19) [(18)] a statement of the total number and length
of reports that school districts and school district employees must
submit to the agency, identifying which reports are required by
federal statute or rule, state statute, or agency rule, and a
summary of the agency's efforts to reduce overall reporting
requirements;
(20) [(19)] a list of each school district that is not
in compliance with state special education requirements,
including:
(A) the period for which the district has not
been in compliance;
(B) the manner in which the agency considered the
district's failure to comply in determining the district's
accreditation status; and
(C) an explanation of the actions taken by the
commissioner to ensure compliance and an evaluation of the results
of those actions;
(21) [(20)] a comparison of the performance of
open-enrollment charter schools and school districts on the
academic excellence indicators specified in Section 39.051(b) and
accountability measures adopted under Section 39.051(g), with a
separately aggregated comparison of the performance of
open-enrollment charter schools predominantly serving students at
risk of dropping out of school, as defined by Section 29.081(d),
with the performance of school districts; and
(22) [(21)] any additional information considered
important by the commissioner or the State Board of Education.
(b) The report required under Section 39.182(a), Education
Code, as amended by this section, must include the information
required by Section 39.182(a)(6), Education Code, as amended by
this section, beginning with the report due not later than December
1, 2006.
SECTION 1.18. Section 54.211, Education Code, is amended to
read as follows:
Sec. 54.211. EXEMPTIONS FOR STUDENTS IN FOSTER OR OTHER
RESIDENTIAL CARE. (a) A student is exempt from the payment of
tuition and fees authorized in this chapter if the student:
(1) was in foster care or other residential care under
the conservatorship of the Department of Family and Protective [and
Regulatory] Services on or after:
(A) the day preceding the student's 18th
birthday;
(B) the day of the student's 14th birthday, if
the student was also eligible for adoption on or after that day; or
(C) the day the student graduated from high
school or received the equivalent of a high school diploma; and
(2) enrolls in an institution of higher education as
an undergraduate student not later than:
(A) the third anniversary of the date the student
was discharged from the foster or other residential care, the date
the student graduated from high school, or the date the student
received the equivalent of a high school diploma, whichever date is
earliest; or
(B) the student's 21st birthday.
(b) The Texas Education Agency and the Texas Higher
Education Coordinating Board shall develop outreach programs to
ensure that students in foster or other residential care in grades
9-12 are aware of the availability of the exemption from the payment
of tuition and fees provided by this section.
SECTION 1.19. Section 101.024, Family Code, is amended to
read as follows:
Sec. 101.024. PARENT. (a) "Parent" means the mother, a man
presumed to be the father, a man legally determined to be the
father, a man who has been adjudicated to be the father by a court of
competent jurisdiction, a man who has acknowledged his paternity
under applicable law, or an adoptive mother or father. Except as
provided by Subsection (b), the [The] term does not include a parent
as to whom the parent-child relationship has been terminated.
(b) For purposes of establishing, determining the terms of,
modifying, or enforcing an order, a reference in this title to a
parent includes a person ordered to pay child support under Section
154.001(a-1) or to provide medical support for a child.
SECTION 1.20. (a) Section 154.001, Family Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) The court shall order each person who is financially
able and whose parental rights have been terminated with respect to
a child in substitute care for whom the department has been
appointed managing conservator to support the child in the manner
specified by the order:
(1) until the earliest of:
(A) the child's adoption;
(B) the child's 18th birthday or graduation from
high school, whichever occurs later;
(C) removal of the child's disabilities of
minority by court order, marriage, or other operation of law; or
(D) the child's death; or
(2) if the child is disabled as defined in this
chapter, for an indefinite period.
(b) Section 154.001, Family Code, as amended by this
section, applies only to a person whose parent-child relationship
with respect to a child is terminated on or after the effective
date of this section. A person whose parent-child relationship is
terminated before the effective date of this section is governed by
the law in effect on the date the parent-child relationship was
terminated, and the former law is continued in effect for that
purpose.
SECTION 1.21. Section 107.013, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) In a suit filed by a governmental entity requesting
temporary managing conservatorship of a child, the court shall
appoint an attorney ad litem to represent the interests of an
indigent parent of the child who responds in opposition to the suit.
SECTION 1.22. Subchapter D, Chapter 162, Family Code, is
amended by adding Section 162.3042 to read as follows:
Sec. 162.3042. ANNUAL HOME VISIT. The department annually
shall make an unannounced visit to the home of each child whose
parents are receiving adoption assistance under Section 162.304.
SECTION 1.23. Subchapter B, Chapter 231, Family Code, is
amended by adding Section 231.122 to read as follows:
Sec. 231.122. MONITORING CHILD SUPPORT CASES; ENFORCEMENT.
The Title IV-D agency shall monitor each Title IV-D case from the
date the agency begins providing services on the case. If a child
support obligor in a Title IV-D case becomes more than 60 days
delinquent in paying child support, the Title IV-D agency shall
expedite the commencement of an action to enforce the child support
order.
SECTION 1.24. The heading to Section 261.107, Family Code,
is amended to read as follows:
Sec. 261.107. FALSE REPORT; CRIMINAL PENALTY; CIVIL
PENALTY.
SECTION 1.25. (a) Section 261.107, Family Code, is amended
by amending Subsection (a) and adding Subsections (d) and (e) to
read as follows:
(a) A person commits an offense if the person knowingly or
intentionally makes a report as provided in this chapter that the
person knows is false or lacks factual foundation. An offense under
this section is a state jail felony [Class A misdemeanor] unless it
is shown on the trial of the offense that the person has previously
been convicted under this section, in which case the offense is a
[state jail] felony of the third degree.
(d) The court shall order a person who is convicted of an
offense under this section to pay any reasonable attorney's fees
incurred by the person who was falsely accused of abuse or neglect
in any proceeding relating to the false report.
(e) A person who engages in conduct described by Subsection
(a) is liable to the state for a civil penalty of $1,000. The
attorney general shall bring an action to recover a civil penalty
authorized by this subsection.
(b) Section 261.107(a), Family Code, as amended by this
section, and Section 261.107(d), Family Code, as added by this
section, apply only to an offense committed on or after the
effective date of this section. An offense committed before the
effective date of this section is covered by Section 261.107,
Family Code, as it existed on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this subsection, an offense is committed before the
effective date of this section if any element of the offense occurs
before that date.
(c) Section 261.107(e), Family Code, as added by this
section, applies only to conduct that occurs on or after the
effective date of this section. Conduct that occurs before the
effective date of this section is governed by the law in effect on
the date the conduct occurred, and the former law is continued in
effect for that purpose.
SECTION 1.26. Section 261.201, Family Code, is amended by
adding Subsection (g-1) to read as follows:
(g-1) The department, on request and subject to department
rule, shall provide to the parent, managing conservator, or other
legal representative of a child who is the subject of a false report
of abuse or neglect the identity of the person who made the false
report if that person has been convicted of an offense under Section
261.107.
SECTION 1.27. Subchapter D, Chapter 261, Family Code, is
amended by adding Section 261.3016 to read as follows:
Sec. 261.3016. REPORTS RECEIVED BY DEPARTMENT; IMMEDIATE
RESPONSE; TRAINING. (a) The department shall ensure that all
reports of abuse or neglect received by the department that are
assigned the highest priority under department rules and that
allege circumstances that could result in the death of or serious
harm to a child are immediately referred to the local law
enforcement agency for a response.
(b) The department shall investigate and determine the most
efficient and effective methods for referring reports of abuse and
neglect to local law enforcement agencies, including guidelines for
transferring reports made by telephone directly to local law
enforcement agencies or for having department personnel contact
local law enforcement agencies directly.
(c) The department and local law enforcement agencies
jointly shall establish clear guidelines describing the
circumstances in which department investigators should accompany
law enforcement officers in responding to a report of abuse or
neglect that is assigned the highest priority under department
rules and that alleges circumstances that could result in the death
of or serious harm to a child.
(d) The department shall develop, in cooperation with local
law enforcement officials and the Commission on State Emergency
Communications, a training program for department personnel who
receive reports of abuse and neglect. The training program must
include information on:
(1) the proper methods of screening reports of abuse
and neglect; and
(2) ways to determine whether a report of abuse or
neglect alleges circumstances that could result in the death of or
serious harm to a child and requires an immediate response by law
enforcement officers.
SECTION 1.28. Section 261.302(e), Family Code, is amended
to read as follows:
(e) An interview with a child alleged to be a victim of
[physical] abuse or neglect conducted by the department or another
person, other than a law enforcement agency, under the direction of
the department [sexual abuse] shall be audiotaped or videotaped
[unless the investigating agency determines that good cause exists
for not audiotaping or videotaping the interview in accordance with
rules of the agency. Good cause may include, but is not limited to,
such considerations as the age of the child and the nature and
seriousness of the allegations under investigation. Nothing in
this subsection shall be construed as prohibiting the investigating
agency from audiotaping or videotaping an interview of a child on
any case for which such audiotaping or videotaping is not required
under this subsection]. The fact that the investigating agency
failed to audiotape or videotape an interview is admissible at the
trial of the offense that is the subject of the interview.
SECTION 1.29. (a) Section 261.307, Family Code, is amended
to read as follows:
Sec. 261.307. INFORMATION RELATING TO INVESTIGATION
PROCEDURE. As soon as possible after initiating an investigation
of a parent or other person having legal custody of a child, the
department shall provide to the person:
(1) a brief and easily understood summary of:
(A) [(1)] the department's procedures for
conducting an investigation of alleged child abuse or neglect,
including:
(i) [(A)] a description of the
circumstances under which the department would request to remove
the child from the home through the judicial system; and
(ii) [(B)] an explanation that the law
requires the department to refer all reports of alleged child abuse
or neglect to a law enforcement agency for a separate determination
of whether a criminal violation occurred;
(B) [(2)] the person's right to file a complaint
with the department or to request a review of the findings made by
the department in the investigation;
(C) [(3)] the person's right to review all
records of the investigation unless the review would jeopardize an
ongoing criminal investigation;
(D) [(4)] the person's right to seek legal
counsel;
(E) [(5)] references to the statutory and
regulatory provisions governing child abuse and neglect and how the
person may obtain copies of those provisions; and
(F) [(6)] the process the person may use to
acquire access to the child if the child is removed from the home;
(2) a proposed child placement resources form that
instructs the parent or other person having legal custody of the
child to complete and return the form to the department or agency
and identify in the form three relatives of the child who could be
relative caregivers, as that term is defined by Section 264.801;
and
(3) the informational manual required by Section
261.3071.
(b) The Department of Family and Protective Services shall
develop the proposed child placement resources form required to be
provided under Section 261.307, Family Code, as amended by this
section, not later than November 1, 2005.
(c) The Department of Family and Protective Services shall
provide the proposed child placement resources form required under
Section 261.307, Family Code, as amended by this section, to the
parent or other person having legal custody of a child who is the
subject of an investigation of abuse or neglect that is commenced on
or after November 1, 2005.
SECTION 1.30. Subchapter D, Chapter 261, Family Code, is
amended by adding Section 261.3071 to read as follows:
Sec. 261.3071. INFORMATIONAL MANUAL. (a) In this section,
"relative caregiver" has the meaning assigned by Section 264.801.
(b) The department shall develop and publish an
informational manual that provides information for:
(1) a parent or other person having custody of a child
who is the subject of an investigation under this chapter; and
(2) a person who is selected by the department to be
the child's relative caregiver.
(c) Information provided in the manual must be in both
English and Spanish and must include:
(1) useful indexes of information such as telephone
numbers;
(2) the information required to be provided under
Section 261.307(1); and
(3) information describing the rights and duties of a
relative caregiver.
SECTION 1.31. Subchapter B, Chapter 262, Family Code, is
amended by adding Section 262.114 to read as follows:
Sec. 262.114. EVALUATION OF IDENTIFIED RELATIVES;
PLACEMENT. (a) Before a full adversary hearing under Subchapter C,
the Department of Family and Protective Services must perform a
background and criminal history check and home study of each
relative identified as a potential relative caregiver, as defined
by Section 264.801, on the proposed child placement resources form
provided under Section 261.307.
(b) The department may place a child with a relative
identified on the proposed child placement resources form if the
department determines that the placement is in the best interest of
the child. The department may place the child with the relative
before conducting the background and criminal history check or home
study required under Subsection (a). The department shall provide
a copy of the informational manual required under Section 261.3071
to the relative caregiver at the time of the child's placement.
SECTION 1.32. (a) Section 262.201(c), Family Code, is
amended to read as follows:
(c) If the court finds sufficient evidence to satisfy a
person of ordinary prudence and caution that there is a continuing
danger to the physical health or safety of the child and for the
child to remain in the home is contrary to the welfare of the child,
the court shall issue an appropriate temporary order under Chapter
105. The court shall require each parent, alleged father, or
relative of the child before the court to submit the proposed child
placement resources form provided under Section 261.307, if the
form has not been previously provided, and provide the Department
of Family and Protective [and Regulatory] Services with information
necessary to locate any other absent parent, alleged father, or
relative of the child. The court shall inform each parent in open
court that parental and custodial rights and duties may be subject
to restriction or to termination unless the parent or parents are
willing and able to provide the child with a safe environment. If
the court finds that the child requires protection from family
violence by a member of the child's family or household, the court
shall render a protective order under Title 4 for the child. In
this subsection, "family violence" has the meaning assigned by
Section 71.004.
(b) The change in law made by this section to Section
262.201(c), Family Code, applies only to a full adversary hearing
that occurs on or after November 1, 2005. A full adversary hearing
that occurs before that date is governed by the law as it existed
before amendment by this section, and the former law is continued in
effect for that purpose.
SECTION 1.33. (a) Section 263.201, Family Code, is amended
by adding Subsection (c) to read as follows:
(c) The court shall require each parent, alleged father, or
relative of the child before the court to submit the proposed child
placement resources form provided under Section 261.307 at the
status hearing, if the form has not previously been submitted.
(b) The change in law made by this section to Section
263.201, Family Code, applies only to a status hearing that occurs
on or after November 1, 2005. A status hearing that occurs before
that date is governed by the law as it existed before amendment by
this section, and the former law is continued in effect for that
purpose.
SECTION 1.34. Section 264.001, Family Code, is amended to
read as follows:
Sec. 264.001. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Department"[, "department"] means the Department
of Family and Protective [and Regulatory] Services.
(2) "Commission" means the Health and Human Services
Commission.
(3) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
SECTION 1.35. (a) Section 264.106, Family Code, is amended
to read as follows:
Sec. 264.106. REQUIRED CONTRACTS FOR SUBSTITUTE CARE
SERVICES. (a) In this section:
(1) "Substitute care provider" means a residential
child-care facility or a child-placing agency, as those terms are
defined by Section 49.002, Human Resources Code.
(2) "Substitute care services" means services
provided to or for children in substitute care, including the
recruitment, training, and management of foster parents, the
inspection of foster homes, the recruitment of adoptive families,
parenting classes, services related to family preservation, and
case management services. The term does not include the processing
of adoptions.
(b) The department shall[:
[(1) assess the need for substitute care services
throughout the state; and
[(2)] contract with substitute care providers [only to
the extent necessary to meet the need] for the provision of all
necessary substitute care [those] services.
[(b) Before contracting with a substitute care provider,
the department shall determine whether:
[(1) community resources are available to support
children placed under the provider's care; and
[(2) the appropriate public school district has
sufficient resources to support children placed under the
provider's care if the children will attend public school.]
(c) In addition to the requirements of Section 40.058(b),
Human Resources Code, a contract with a substitute care provider
must include provisions that:
(1) enable the department to monitor the effectiveness
of the provider's services; [and]
(2) specify performance outcomes; and
(3) authorize the department to terminate the contract
or impose sanctions for a violation of a provision of the contract
that specifies performance criteria.
(d) In determining whether to contract with a substitute
care provider, the department shall consider the provider's
performance under any previous contract for substitute care
services between the department and the provider.
(e) Notwithstanding any other law, on and after September 1,
2008, the department may not directly provide substitute care
services for children, including conducting inspections of foster
homes for compliance with the minimum standards adopted under
Chapter 49, Human Resources Code.
(f) The department shall include a provision in each
substitute care services contract under this section that requires
a contracting substitute care provider to disclose to the
department any information that may indicate an actual or potential
conflict of interest with the commission, the department, or
another health and human services agency, including information
regarding actual or potential related party transactions,
relationships, interests, or business history and any other factor
that may indicate an actual or potential conflict of interest. [In
this section, "substitute care provider" means a person who
provides residential care for children for 24 hours a day,
including:
[(1) a child-care institution, as defined by Section
42.002, Human Resources Code;
[(2) a child-placing agency, as defined by Section
42.002, Human Resources Code;
[(3) a foster group home or foster family home, as
defined by Section 42.002, Human Resources Code; and
[(4) an agency group home or agency home, as defined by
Section 42.002, Human Resources Code, other than an agency group
home, agency home, or a foster home verified or certified by the
department.]
(b) The Health and Human Services Commission and the
Department of Family and Protective Services shall, in consultation
with private entities, including members of the boards of directors
of private entities, jointly develop and adopt a substitute care
services transition plan and rules to implement Section 264.106,
Family Code, as amended by this section. The transition plan must
provide for a new structural model of service delivery that is based
on a goal of achieving positive performance outcomes for children
in substitute care and provide specifically that:
(1) as soon as possible after September 1, 2005, the
Department of Family and Protective Services shall begin
implementing Section 264.106, Family Code, as amended by this
section;
(2) the executive commissioner of the Health and Human
Services Commission shall evaluate whether existing rate
structures are adequate to compensate substitute care providers who
enter into contracts under Section 264.106, Family Code, as amended
by this section, considering new functions to be served by the
providers and, if the existing rate structures are inadequate, the
executive commissioner shall adopt rules that adjust the rates paid
to the providers to appropriate levels;
(3) on and after September 1, 2008:
(A) all substitute care services, as defined by
Section 264.106(a), Family Code, as amended by this section, must
be provided by residential child-care facilities and child-placing
agencies with which the department contracts; and
(B) notwithstanding any other law, the
department may not directly provide those services; and
(4) not later than the 180th day after the initiation
of development of the transition plan, the Health and Human
Services Commission shall provide a detailed report on the progress
of development of the transition plan to:
(A) the Joint Committee on Restructuring
Substitute Care Services created by this Act;
(B) the Legislative Budget Board;
(C) the governor;
(D) the lieutenant governor;
(E) the speaker of the house of representatives;
and
(F) the legislature.
(c) The change in law made by Section 264.106, Family Code,
as amended by this section, applies only to a contract for
substitute care services that is entered into or renewed on or after
the effective date of this section. A contract that is entered into
or renewed before the effective date of this section is governed by
the law in effect on the date the contract was entered into or
renewed, and the former law is continued in effect for that purpose.
SECTION 1.36. JOINT COMMITTEE ON RESTRUCTURING SUBSTITUTE
CARE SERVICES. (a) The Joint Committee on Restructuring
Substitute Care Services shall:
(1) review the substitute care services transition
plan and any rules adopted by the executive commissioner of the
Health and Human Services Commission to implement the restructuring
of substitute care services under this article;
(2) monitor the implementation of Section 264.106,
Family Code, as amended by Section 1.35 of this article, by the
Department of Family and Protective Services; and
(3) make recommendations to state officials relating
to the implementation of Section 264.106, Family Code, as amended
by Section 1.35 of this article.
(b) The committee is composed of six members, who shall be
appointed in the following manner not later than October 31, 2005:
(1) three members appointed by the lieutenant
governor; and
(2) three members appointed by the speaker of the
house of representatives.
(c) One member appointed under Subsection (b)(1) of this
section and one member appointed under Subsection (b)(2) of this
section shall jointly serve as presiding officers.
(d) The committee shall meet at least monthly.
(e) Not later than December 31, 2006, the committee shall
submit a report to the legislature regarding the status of the
implementation of Section 264.106, Family Code, as amended by
Section 1.35 of this article.
(f) This section expires and the committee is abolished
October 31, 2008.
SECTION 1.37. (a) Section 264.107, Family Code, is amended
by adding Subsections (c)-(e) to read as follows:
(c) The department shall require the use of real-time
technology in the placement system to screen possible placement
options for a child and match the child's needs with the most
qualified providers with vacancies.
(d) The department shall institute a quality assistance
system to ensure that placement decisions are reliable and are made
in a consistent manner.
(e) The placement system must include procedures under
which the department makes reasonable efforts to locate a relative
caregiver placement for a child as soon as practicable after the
child is placed in substitute care and for as long as the child
remains in substitute care. The department shall continue to make
reasonable efforts to locate an appropriate relative caregiver
placement for a child if a court orders that the child may not be
placed with any relative caregiver identified in the proposed child
placement resources form provided under Section 261.307 or the
department determines, after an investigation, that no relative
caregiver identified in the form is an appropriate placement for
the child.
(b) During the implementation of the substitute care
transition plan required under Section 1.35 of this article for the
implementation of Section 264.106, Family Code, as amended by that
section, the Department of Family and Protective Services shall
contract with a behavioral health company in Texas that offers
third-party review services on behalf of children in private
residential care to evaluate each child who is placed with a private
substitute care provider and determine the appropriate placement
level for the child.
SECTION 1.38. Section 264.207(b), Family Code, is amended
to read as follows:
(b) To accomplish the goals stated in Subsection (a), the
department shall:
(1) establish time frames for the initial screening of
families seeking to adopt children;
(2) provide for the evaluation of the effectiveness of
the department's management-level employees in expeditiously
making permanent placements for children;
(3) establish, as feasible, comprehensive assessment
services in various locations in the state to determine the needs of
children and families served by the department;
(4) emphasize and centralize the monitoring and
promoting of the permanent placement of children receiving
department services;
(5) establish goals and performance measures in the
permanent placement of children;
(6) immediately seek private licensed child-placing
agencies to place a child in the department's managing
conservatorship if the goal of the child's permanency plan is for
the child to be adopted [who has been available for permanent
placement for more than 90 days];
(7) provide information to private licensed
child-placing agencies concerning children under Subdivision (6);
(8) provide incentives for a private licensed
child-placing agency that places a child, as defined by Section
162.301, under Subdivision (6);
(9) encourage foster parents to be approved by the
department as both foster parents and adoptive parents;
(10) address failures by the department's service
regions in making permanent placements for children in a reasonable
time; and
(11) require the department's service regions to
participate in the Texas Adoption Resources Exchange.
SECTION 1.39. (a) Chapter 264, Family Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. RELATIVE CAREGIVER PLACEMENT PROGRAM
Sec. 264.801. DEFINITIONS. In this subchapter:
(1) "Relative" means a person related to a child by
consanguinity as determined under Section 573.022, Government
Code.
(2) "Relative caregiver" means a relative who:
(A) provides substitute care for a child for whom
the department has been appointed managing conservator, but who is
not licensed or certified to operate a foster home, foster group
home, agency foster home, or agency foster group home under Chapter
49, Human Resources Code; or
(B) is subsequently appointed permanent managing
conservator of the child after providing care as described by
Paragraph (A).
Sec. 264.802. RELATIVE CAREGIVER PLACEMENT PROGRAM. (a)
The department shall develop and administer a program to:
(1) promote placing children for whom the department
is appointed managing conservator with relative caregivers; and
(2) facilitate relative caregiver placements by
providing assistance and services to those caregivers in accordance
with this subchapter and rules adopted by the executive
commissioner.
(b) The executive commissioner shall adopt rules necessary
to implement this subchapter. The rules must include eligibility
criteria for receiving assistance and services under this
subchapter.
Sec. 264.803. INVESTIGATION OF PROPOSED PLACEMENT. Before
placing a child with a proposed relative caregiver, the department
must conduct an investigation to determine whether the proposed
placement is in the child's best interests.
Sec. 264.804. RELATIVE CAREGIVER ASSISTANCE AGREEMENT. The
department shall enter into a relative caregiver assistance
agreement with each relative caregiver to provide monetary
assistance and additional support services to the relative
caregiver. The monetary assistance and support services may
include:
(1) a one-time cash payment of not more than $1,000 to
the caregiver on the child's initial placement to assist the
caregiver in purchasing essential child-care items such as
furniture and clothing;
(2) case management services and training and
information about the child's needs until the caregiver is
appointed permanent managing conservator;
(3) referrals to appropriate state agencies
administering public benefits or assistance programs for which the
child, the caregiver, or the caregiver's family may qualify;
(4) family counseling not provided under the Medicaid
program for the caregiver's family for a period not to exceed two
years from the date of initial placement;
(5) if the caregiver meets the eligibility criteria
determined by rules adopted by the executive commissioner,
reimbursement of all child-care expenses incurred while the child
is under 13 years of age and while the department is the child's
managing conservator;
(6) if the caregiver meets the eligibility criteria
determined by rules adopted by the executive commissioner,
reimbursement of 50 percent of child-care expenses incurred after
the caregiver is appointed permanent managing conservator of the
child while the child is under 13 years of age; and
(7) reimbursement of other expenses, as determined by
rules adopted by the executive commissioner, not to exceed $500 per
year for each child.
Sec. 264.805. COORDINATION WITH OTHER AGENCIES. The
department shall coordinate with other health and human services
agencies, as defined by Section 531.001, Government Code, to
provide assistance and services under this subchapter.
Sec. 264.806. FUNDS. The department and other state
agencies shall actively seek and use federal funds available for
the purposes of this subchapter.
(b) Not later than December 1, 2005, the executive
commissioner of the Health and Human Services Commission shall
adopt rules for implementing and administering the relative
caregiver placement program under Subchapter J, Chapter 264, Family
Code, as added by this section.
(c) Not later than March 1, 2006, the Department of Family
and Protective Services shall implement the relative caregiver
placement program in accordance with Subchapter J, Chapter 264,
Family Code, as added by this section.
ARTICLE 2. ADULT PROTECTIVE SERVICES SYSTEM
SECTION 2.01. Subchapter B, Chapter 40, Human Resources
Code, is amended by adding Section 40.0315 to read as follows:
Sec. 40.0315. INVESTIGATION UNIT FOR ADULT PROTECTIVE
SERVICES. (a) The adult protective services division of the
department shall maintain an investigation unit to investigate
allegations of abuse, neglect, and exploitation of elderly and
disabled persons reported to the division.
(b) An investigator in the unit shall determine whether an
elderly or disabled person who is the subject of a report made under
Section 48.051(a) may have suffered from abuse, neglect, or
exploitation as a result of the criminal conduct of another person.
If the investigator determines that criminal conduct may have
occurred, the investigator shall immediately notify the
appropriate law enforcement agency.
SECTION 2.02. Subchapter B, Chapter 40, Human Resources
Code, is amended by adding Section 40.035 to read as follows:
Sec. 40.035. TRAINING PROGRAM FOR ADULT PROTECTIVE
SERVICES; CONTINUING EDUCATION. (a) The department shall develop
and implement a training program that each newly hired or assigned
department employee must complete before:
(1) initiating an investigation of a report of alleged
abuse, neglect, or exploitation of an elderly or disabled person
under Chapter 48; or
(2) providing protective services to elderly or
disabled persons under that chapter.
(b) The training program must:
(1) provide the person with appropriate comprehensive
information regarding:
(A) the incidence and types of reports of abuse,
neglect, and exploitation of elderly or disabled persons that are
received by the department, including information concerning false
reports; and
(B) the use and proper implementation of:
(i) the risk assessment criteria developed
under Section 48.004; and
(ii) the legal procedures available under
Chapter 48 for the protection of elderly or disabled persons,
including the procedures for obtaining a court order for emergency
protective services under Section 48.208;
(2) include best practices for management of a case
from the intake process to the provision of guardianship services,
if any, including criteria that specify the circumstances under
which an employee should:
(A) consult a supervisor regarding a case; or
(B) refer an elderly or disabled person to an
appropriate public agency or community service provider for
guardianship or other long-term services after the delivery of
protective services to that person has been completed;
(3) provide appropriate specialized training in any
necessary topics, including:
(A) investigation of suspected financial
exploitation and self-neglect; and
(B) establishment and maintenance of working
relationships with community organizations and other local
providers who provide services to elderly and disabled persons;
(4) include on-the-job training;
(5) provide for the development of individualized
training plans; and
(6) include training in working with law enforcement
agencies and the court system when legal intervention is sought for
investigations, emergency orders, or the provision of guardianship
services.
(c) The department at least annually shall provide
comprehensive case management training to supervisors of
department employees who conduct investigations under Chapter 48.
The training must be designed to enable the supervisors to provide
guidance on investigations of reports of alleged abuse, neglect, or
exploitation that are complex or present unique problems.
(d) The department shall develop and implement appropriate
continuing education programs for employees of the adult protective
services division who have completed initial training under this
section. The continuing education programs must be designed to
provide an annual update regarding changes in:
(1) adult protective services division policies and
procedures; and
(2) applicable law, including statutory changes
affecting the adult protective services division or elderly or
disabled persons served by the division.
(e) A department employee required to participate in a
continuing education program under this section must complete the
program at least once each calendar year.
(f) The department shall:
(1) make curriculum developed for a training or
continuing education program under this section readily available
to department employees in written form; and
(2) periodically revise a training and continuing
education program established under this section as necessary to
satisfy training needs identified by the department or department
employees.
SECTION 2.03. (a) Subchapter C, Chapter 40, Human
Resources Code, is amended by adding Section 40.0515 to read as
follows:
Sec. 40.0515. QUALITY ASSURANCE PROGRAM FOR ADULT
PROTECTIVE SERVICES; QUARTERLY REPORTS. (a) The department shall
develop and implement a quality assurance program for adult
protective services provided by or on behalf of the department.
(b) In developing the program, the department shall
establish:
(1) client-centered outcome measures for each of the
following functions of the adult protective services program:
(A) intake process;
(B) investigations;
(C) risk assessment determinations;
(D) delivery of protective services; and
(E) provision of guardianship services;
(2) minimum job performance standards for
personnel and each work department of the adult protective services
division of the department; and
(3) procedures for conducting periodic performance
reviews to monitor compliance with the standards established under
Subdivision (2).
(c) The department shall promptly address a person's or work
department's failure to meet minimum job performance standards
established under Subsection (b)(2):
(1) by issuing to the person or work department, as
appropriate, a corrective action plan detailing the actions
required to comply with the standards; or
(2) if necessary, through disciplinary action,
including a person's demotion or discharge, for repeated failure to
meet the standards.
(d) Each employee of the adult protective services division
must receive a performance evaluation required by Section 40.032(c)
at least annually. The department shall ensure that disciplinary
or other corrective action is taken against a supervisor or other
managerial employee who is required to conduct a performance
evaluation and fails to complete that evaluation in a timely
manner.
(e) A summary of the findings of outcome measures
established and performance reviews conducted under this section
must be reported to regional directors and other senior management
employees of the adult protective services division.
(f) Each fiscal quarter the department shall file with the
governor and the presiding officer of each house of the legislature
a report that includes:
(1) a comprehensive review of the adult protective
services division's overall performance during the preceding
quarter; and
(2) a summary of the adult protective services
division's performance during the preceding quarter on each of the
outcome measures established under Subsection (b)(1).
(b) The Department of Family and Protective Services shall
submit the initial report required under Section 40.0515, Human
Resources Code, as added by this section, not later than October 1,
2005.
SECTION 2.04. Subchapter A, Chapter 48, Human Resources
Code, is amended by adding Section 48.004 to read as follows:
Sec. 48.004. RISK ASSESSMENT. The executive commissioner
of the Health and Human Services Commission by rule shall develop
and maintain risk assessment criteria for use by department
personnel in determining whether an elderly or disabled person is
in a state of abuse, neglect, or exploitation and needs protective
services. The criteria must provide for a comprehensive assessment
of the person's:
(1) environmental, physical, medical, mental health,
and financial condition; and
(2) social interaction and support.
SECTION 2.05. Section 48.051(a), Human Resources Code, is
amended to read as follows:
(a) Except as prescribed by Subsection (b), a person having
cause to believe that an elderly or disabled person is in the state
of abuse, neglect, or exploitation shall report the information
required by Subsection (d) immediately to the department. A person
may make a report required by this subsection through a
person-to-person telephone interview with local department
personnel, through a personal appearance at a department office, or
by calling a centralized toll-free telephone number.
SECTION 2.06. Section 48.101, Human Resources Code, is
amended by adding Subsections (g) and (g-1) to read as follows:
(g) The department may establish procedures to exchange
with a community service provider or local governmental entity
confidential information relating to a report made under Section
48.051(a) that is necessary for the department, provider, or entity
to provide protective services, health care services, housing
services, or social services to the person who is the subject of the
report. An exchange of information under this subsection does not
affect whether the information is subject to disclosure under
Chapter 552, Government Code.
(g-1) The executive commissioner of the Health and Human
Services Commission by rule shall provide policies and procedures
that are designed to guard against the unauthorized release or
dissemination of confidential information that is exchanged under
Subsection (g).
SECTION 2.07. Section 48.151, Human Resources Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) The department shall develop and implement a system to
ensure that, to the greatest extent possible, investigations
conducted by the department that involve especially complex issues
of abuse, neglect, or exploitation, such as issues associated with
self-neglect, mental health, or financial exploitation, are
assigned to personnel who have experience and training in those
issues.
SECTION 2.08. Subchapter D, Chapter 48, Human Resources
Code, is amended by adding Section 48.158 to read as follows:
Sec. 48.158. STATUS REPORT OF INVESTIGATION. (a)
Notwithstanding any other law, the department, on written request,
shall provide to a person who makes a report of alleged abuse,
neglect, or exploitation under Section 48.051(a) information on the
status of the investigation conducted with respect to the report,
unless the department determines that providing the information
would:
(1) jeopardize the investigation; or
(2) endanger the safety or welfare of the person who is
the subject of the report.
(b) The information provided under Subsection (a) must
include information relating to whether the department is providing
protective services to the person.
SECTION 2.09. Subchapter D, Chapter 48, Human Resources
Code, is amended by adding Section 48.159 to read as follows:
Sec. 48.159. INTERNAL REVIEW OF DEPARTMENT INVESTIGATION.
The department shall establish procedures for conducting an
internal review of completed investigations conducted by the
department under this chapter to:
(1) determine whether information obtained during the
intake process was sufficient and accurate;
(2) assess whether telephone calls were appropriately
routed;
(3) assess whether investigations were appropriately
classified and prioritized;
(4) evaluate the case reports for any special issues
or requirements;
(5) assess whether appropriate law enforcement
agencies were notified of any suspected criminal conduct; and
(6) identify other relevant information to enable the
department to take any corrective action necessary to improve the
process of conducting investigations under this chapter.
SECTION 2.10. Subchapter E, Chapter 48, Human Resources
Code, is amended by adding Section 48.2055 to read as follows:
Sec. 48.2055. TEMPORARY EMERGENCY SHELTERS. (a) The
department, in conjunction with the Department of Aging and
Disability Services and the Department of State Health Services,
shall develop and implement a program to provide temporary
emergency shelter to an elderly or disabled person for whom the
department obtains an emergency order under Section 48.208
requiring that the person be moved to safer surroundings.
(b) The department, the Department of Aging and Disability
Services, and the Department of State Health Services shall enter
into a memorandum of understanding to clearly define the
responsibilities of each agency under this section.
(c) The executive commissioner of the Health and Human
Services Commission shall adopt rules to implement this section.
SECTION 2.11. Section 48.208, Human Resources Code, is
amended by amending Subsection (c) and adding Subsections (c-1) and
(c-2) to read as follows:
(c) The petition shall be verified and shall include:
(1) the name, age, and address of the elderly or
disabled person who needs protective services;
(2) the nature of the abuse, neglect, or exploitation;
(3) the services needed; and
(4) a medical report signed by a physician that
contains the information required by Subsection (c-1) or a
psychological report signed by a psychologist licensed under
Chapter 501, Occupations Code, that contains the information
required by Subsection (c-2), [stating that the person is suffering
from abuse, neglect, or exploitation presenting a threat to life or
physical safety and stating that the person is physically or
mentally incapable of consenting to services] unless the court
finds that an immediate danger to the health or safety of the
elderly or disabled person exists and there is not sufficient time
to obtain the medical or psychological report.
(c-1) A medical report obtained from a physician under
Subsection (c)(4) must state that the person:
(1) is suffering from abuse, neglect, or exploitation
presenting a threat to life or physical safety; and
(2) is physically or mentally incapable of consenting
to services.
(c-2) A psychological report obtained from a licensed
psychologist under Subsection (c)(4) must state that the person:
(1) is suffering from abuse, neglect, or exploitation
presenting a threat to life or physical safety; and
(2) is mentally incapable of consenting to services.
SECTION 2.12. Section 48.209(c), Human Resources Code, is
amended to read as follows:
(c) The [If appropriate, the] department shall [may]
contract with [a political subdivision of this state,] a private
agency[, or another state agency] for the provision of guardianship
services under this section. The department [or a political
subdivision of the state or state agency with which the department
contracts under this section] is not required to post a bond or pay
any cost or fee otherwise required by the Texas Probate Code.
SECTION 2.13. (a) Subchapter B, Chapter 531, Government
Code, is amended by adding Section 531.0551 to read as follows:
Sec. 531.0551. MEMORANDUM OF UNDERSTANDING ON SERVICES FOR
CERTAIN ELDERLY OR DISABLED PERSONS NEEDING MULTIAGENCY SERVICES.
(a) In this section, "disabled person," "elderly person," and
"protective services" have the meanings assigned by Section 48.002,
Human Resources Code.
(b) The commission and each health and human services agency
shall adopt a joint memorandum of understanding to implement a
system of local-level interagency staffing groups to coordinate
services for an elderly or disabled person who needs multiagency
services in addition to receiving protective services from or on
behalf of the Department of Family and Protective Services.
(c) The memorandum must:
(1) clarify the financial and statutory
responsibilities of each agency with respect to elderly or disabled
persons needing multiagency services in addition to protective
services, including subcategories of funding for different
services such as case management, arranging for psychiatric and
health evaluation, home care, health care, and investigation
services;
(2) include a functional definition of "elderly and
disabled persons needing multiagency services in addition to
protective services";
(3) define procedures for interagency cost sharing;
(4) define procedures aimed at eliminating
duplication of services relating to assessment and diagnosis,
treatment, social services, residential placement and care, and
case management of elderly and disabled persons needing multiagency
services in addition to protective services;
(5) define procedures for addressing disputes between
the agencies that relate to the agencies' areas of service
responsibilities;
(6) provide that each local-level interagency
staffing group includes:
(A) a local representative of each agency;
(B) one or more representatives of local private
sector agencies;
(C) a representative of a local law enforcement
agency;
(D) a health care provider; and
(E) one or more family members or caregivers of
elderly or disabled persons needing multiagency services in
addition to protective services;
(7) provide that the local representative of each
agency has authority to contribute agency resources to solving
problems identified by the local-level interagency staffing group;
(8) provide that if an elderly or disabled person's
needs exceed the resources of an agency or an agency is not able to
provide all the services an elderly or disabled person requires,
the agency may, with the consent of the person's legal guardian, if
applicable, submit a referral on behalf of the person or the
person's case history to the local-level interagency staffing group
for consideration;
(9) provide that a local-level interagency staffing
group may be called together by a representative of any member
agency;
(10) provide that an agency representative may be
excused from attending a meeting if the staffing group determines
that the age or needs of the person to be considered are clearly not
within the agency's service responsibilities, provided that each
agency representative is encouraged to attend all meetings to
contribute to the collective ability of the staffing group to solve
an elderly or disabled person's need for multiagency services in
addition to protective services;
(11) provide that records that are used or developed
by a local-level interagency staffing group or its members and that
relate to a particular elderly or disabled person are confidential
and may not be released to any other person or agency except as
provided by this section or by other law; and
(12) provide a procedure that permits the agencies and
local-level interagency staffing groups to share confidential
information while preserving the confidential nature of the
information.
(d) The agencies that participate in the formulation of the
memorandum of understanding shall consult with and solicit input
from advocacy and consumer groups.
(e) Each agency shall adopt the memorandum of understanding
and all revisions to the memorandum. Not later than the last month
of each state fiscal year, each agency shall review and update the
memorandum. The agencies shall develop revisions as necessary to
reflect major agency reorganizations or statutory changes
affecting the agencies.
(f) The agencies shall ensure that a state-level
interagency staffing group provides to the executive commissioner
of the Health and Human Services Commission, the commissioner of
each agency, the governor, the lieutenant governor, the speaker of
the house of representatives, and the presiding officers of each
house and senate standing committee having jurisdiction over adult
protective services a biennial report that includes:
(1) the number of elderly or disabled persons served
through the local-level interagency staffing groups established
under this section and the outcomes of the services provided;
(2) a description of any barriers identified to the
state's ability to provide effective services to elderly or
disabled persons needing multiagency services in addition to
protective services; and
(3) any other information relevant to improving the
delivery of services to elderly or disabled persons needing
multiagency services in addition to protective services.
(b) Not later than March 1, 2006, the Department of Family
and Protective Services, the Health and Human Services Commission,
the Department of Aging and Disability Services, the Department of
State Health Services, and the Department of Assistive and
Rehabilitative Services shall adopt a joint memorandum of
understanding as prescribed by Section 531.0551, Government Code,
as added by this section.
SECTION 2.14. The heading of Section 531.055, Government
Code, is amended to read as follows:
Sec. 531.055. MEMORANDUM OF UNDERSTANDING ON SERVICES FOR
CERTAIN PERSONS NEEDING MULTIAGENCY SERVICES.
SECTION 2.15. Sections 531.055(a), (b), and (e), Government
Code, are amended to read as follows:
(a) Each health and human services agency, the Texas Council
on Offenders with Mental Impairments, the Texas Department of
Criminal Justice, the Texas Department of Housing and Community
Affairs, the Texas Education Agency, the Texas Workforce
Commission, and the Texas Youth Commission shall adopt a joint
memorandum of understanding to promote a system of local-level
interagency staffing groups to coordinate services for persons
needing multiagency services other than elderly or disabled persons
served through the local-level interagency staffing groups
established under Section 531.0551.
(b) The memorandum must:
(1) clarify the statutory responsibilities of each
agency in relation to persons needing multiagency services other
than elderly or disabled persons served under Section 531.0551,
including subcategories for different services such as prevention,
family preservation and strengthening, aging in place, emergency
shelter, diagnosis and evaluation, residential care, after-care,
information and referral, medical care, and investigation
services;
(2) include a functional definition for purposes of
this section of "persons needing multiagency services";
(3) outline membership, officers, and necessary
standing committees of local-level interagency staffing groups;
(4) define procedures aimed at eliminating
duplication of services relating to assessment and diagnosis,
treatment, residential placement and care, and case management of
persons needing multiagency services;
(5) define procedures for addressing disputes between
the agencies that relate to the agencies' areas of service
responsibilities;
(6) provide that each local-level interagency
staffing group includes:
(A) a local representative of each agency;
(B) representatives of local private sector
agencies; and
(C) family members or caregivers of persons,
other than elderly or disabled persons served under Section
531.0551, who need [needing] multiagency services or other current
or previous consumers of multiagency services acting as general
consumer advocates;
(7) provide that the local representative of each
agency has authority to contribute agency resources to solving
problems identified by the local-level interagency staffing group;
(8) provide that if a person's needs exceed the
resources of an agency, the agency may, with the consent of the
person's legal guardian, if applicable, submit a referral on behalf
of the person to the local-level interagency staffing group for
consideration;
(9) provide that a local-level interagency staffing
group may be called together by a representative of any member
agency;
(10) provide that an agency representative may be
excused from attending a meeting if the staffing group determines
that the age or needs of the person to be considered are clearly not
within the agency's service responsibilities, provided that each
agency representative is encouraged to attend all meetings to
contribute to the collective ability of the staffing group to solve
a person's need for multiagency services;
(11) define the relationship between state-level
interagency staffing groups and local-level interagency staffing
groups in a manner that defines, supports, and maintains local
autonomy;
(12) provide that records that are used or developed
by a local-level interagency staffing group or its members that
relate to a particular person are confidential and may not be
released to any other person or agency except as provided by this
section or by other law; and
(13) provide a procedure that permits the agencies to
share confidential information while preserving the confidential
nature of the information.
(e) The agencies shall ensure that a state-level
interagency staffing group provides a biennial report to the
executive director of each agency, the legislature, and the
governor that includes:
(1) the number of persons served through the
local-level interagency staffing groups established under this
section and the outcomes of the services provided;
(2) a description of any barriers identified to the
state's ability to provide effective services to persons needing
multiagency services other than elderly or disabled persons served
through the local-level interagency staffing groups established
under Section 531.0551; and
(3) any other information relevant to improving the
delivery of services to persons needing multiagency services other
than elderly or disabled persons described by Subdivision (2).
ARTICLE 3. EFFECTIVE DATE
SECTION 3.01. This Act takes effect September 1, 2005.