79R6010 UM-D

By:  Deuell                                                       S.B. No. 1015



A BILL TO BE ENTITLED

AN ACT

relating to minimum standards for day-care centers serving children 
with special care needs.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 42, Human Resources Code, 
is amended by adding Section 42.0422 to read as follows:
	Sec. 42.0422.  STANDARDS FOR CERTAIN DAY-CARE CENTERS.  (a)  
The executive commissioner by rule shall provide for the required 
modification or waiver of minimum standards or rules generally 
governing day-care centers to the extent necessary to permit 
effective and efficient operation by day–care centers that serve 
children with special care needs, including children with physical 
or mental disabilities.
	(b)  In modifying or waiving standards as required by 
Subsection (a), the executive commissioner must consider:
		(1)  additional documentation needed for a child with 
special care needs, including medical records regarding medication 
and special health problems;
		(2)  appropriate training requirements for caregivers, 
including whether any training requirements duplicate training 
otherwise received by a caregiver and whether additional training 
is necessary to address medical or other equipment used by a child 
with special care needs;
		(3)  the developmental age of a child with special care 
needs, regardless of the child's biological age, and the 
appropriateness of increasing the age range for day-care services 
based on the child's developmental age;
		(4)  the appropriate child per caregiver ratio based on 
the special care needs of children in the day-care center;
		(5)  the provision of developmental equipment for a 
child with special care needs;
		(6)  changes in health practices necessary to serve 
children with special care needs; and
		(7)  safety practices, including fire safety and 
emergency practices.
	SECTION 2.  Not later than December 1, 2005, the executive 
commissioner of the Health and Human Services Commission shall 
adopt the rules required by Section 42.0422, Human Resources Code, 
as added by this Act.
	SECTION 3.  This Act takes effect September 1, 2005.