BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1730

81R11290 MCK-D                                                                                                              By: West

                                                                                                                  Health & Human Services

                                                                                                                                            4/17/2009

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Pre-kindergarten and appropriate child care has been documented and reported to increase the educational and social success of children.  Many parents enroll their children in a variety of child care facilities that are regulated by the Department of Family and Protective Services (DFPS).  The certification and training for child care workers and operators is regulated by DFPS as well.

 

In recent years, there has been an increase in incidents occurring at child care facilities and by child care workers that have resulted in harm to or even death of a child.  Many in the industry, as well as parents and other interested parties, believe that increased training would decrease these incidents. It is also the belief that increased training would provide the workers and directors with more knowledge on child care operations and services for children.

 

As proposed,  S.B. 1730 increases the hours of training required for child care facility workers and directors.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 42.0421(a), Human Resources Code, as follows:

 

(a) Requires that the minimum training standards prescribed by the Department of Family and Protective Services under Section 42.042(p) (relating to DFPS prescribing minimum training standards) for an employee of a day-care center or group day-care home include:

 

(1) 40 hours, rather than eight, of initial training that must be completed not later than the 90th day after the employee's first day of employment for an employee of a day-care center who has no previous training or less than two years of employment experience in a regulated child-care facility, eight hours of which must be completed before the employee is given responsibility for a group of children;

 

(2) 25 hours, rather than 15, of annual training for each employee of a day-care center or group day-care home, excluding the director, which must include at least six hours of training in one or more certain areas; and

 

(3) 40 hours, rather than 20, of annual training for each director of a day-care center or group day-care home, which must include at least six hours of training in one or more certain areas.

 

SECTION 2.  Amends Section 42.0426, Human Resources Code, by adding Subsection (c), as follows:

 

(c) Requires the employee, not later than the seventh day after the date an employee begins employment at a child-care facility, to complete an orientation to the facility.

 

SECTION 3. (a) Makes application of Section 42.0421(a)(1) Human Resources Code, as added by this Act, and Section 42.0426(c), Human Resources Code, as added by this Act, prospective.

 

(b) Provides that Sections 42.0421(a)(2) and (3), Human Resources Code, as amended by this Act, apply to an employee or director of a child-care facility regardless of the date the person began employment with or service as director of the child-care facility.

 

SECTION 4.  Effective date: September 1, 2009.