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A BILL TO BE ENTITLED
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AN ACT
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relating to the inspection of registered or listed family homes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 42.044(a), (b), and (c), Human |
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Resources Code, are amended to read as follows: |
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(a) An authorized representative of the department may |
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visit a facility regulated under this chapter or a registered or |
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listed family home during operating hours to investigate, inspect, |
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and evaluate. |
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(b) The department shall inspect all licensed or certified |
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facilities at least once a year and may inspect other facilities [or
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registered family homes] as necessary. The department shall |
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inspect a family home when the department initially registers or |
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lists the family home and may subsequently inspect a registered |
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family home as necessary. [The department shall investigate a
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listed family home when the department receives a complaint of
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abuse or neglect of a child, as defined by Section 261.001, Family
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Code.] At least one of the annual visits to a licensed or certified |
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facility must be unannounced and all may be unannounced. |
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(c) The department must investigate a facility regulated |
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under this chapter or a registered or listed family home when a |
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complaint is received. The representative of the department must |
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notify the operator of a registered or listed family home or the |
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director or authorized representative of a regulated facility when |
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a complaint is being investigated and report in writing the results |
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of the investigation to the family home's operator or to the |
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regulated facility's director or the director's authorized |
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representative. |
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SECTION 2. Section 42.052(i), Human Resources Code, is |
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amended to read as follows: |
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(i) The department shall provide to a listed family home a |
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copy of the listing. A listing must contain a provision that |
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states: "THIS HOME IS [A] LISTED [FAMILY HOME. IT IS NOT LICENSED
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OR REGISTERED] WITH THE DEPARTMENT OF FAMILY AND PROTECTIVE [AND
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REGULATORY] SERVICES BUT IS NOT LICENSED OR REGULARLY INSPECTED. |
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[IT HAS NOT BEEN INSPECTED AND WILL NOT BE INSPECTED.]" The |
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operator of a listed home is not required to display the listing in |
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a prominent place at the home but shall make the listing available |
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for examination. The department by rule shall provide for a |
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sufficient period to allow operators of family homes to comply with |
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the listing requirement of this section. |
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SECTION 3. Section 42.0522(b), Human Resources Code, is |
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amended to read as follows: |
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(b) A family home may not place a public advertisement that |
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uses the title "listed family home" or any variation of that phrase |
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unless the home is listed as provided by this chapter. Any public |
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advertisement for a listed family home that uses the title "listed |
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family home" must contain a provision in bold type stating: "THIS |
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HOME IS [A] LISTED [FAMILY HOME. IT IS NOT LICENSED OR REGISTERED] |
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WITH THE DEPARTMENT OF FAMILY AND PROTECTIVE [AND REGULATORY] |
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SERVICES BUT IS NOT LICENSED OR REGULARLY INSPECTED. [IT HAS NOT
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BEEN INSPECTED AND WILL NOT BE INSPECTED.]" |
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SECTION 4. Section 42.054(e), Human Resources Code, is |
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amended to read as follows: |
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(e) The department shall charge each family home that is |
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listed or registered with the department an annual fee to cover a |
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part of the department's cost in regulating family homes. The |
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amount of the fee is [$20 for a listed home or] $35 for a listed or |
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registered home. The fee is due on the date on which the department |
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initially lists or registers the home and on the anniversary of that |
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date. |
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SECTION 5. (a) The changes in law made by this Act apply to |
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each family home that applies for initial or renewed registration |
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or listing with the Department of Family and Protective Services on |
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or after the effective date of this Act. |
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(b) The Department of Family and Protective Services shall |
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perform an initial inspection as required by Section 42.044(b), |
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Human Resources Code, as amended by this Act, at the time a family |
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home renews its registration or listing if the family home was |
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registered or listed before the effective date of this Act and the |
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family home has not been inspected by the department at least once. |
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SECTION 6. This Act takes effect September 1, 2007. |