BILL ANALYSIS

 

 

Senate Research Center

C.S.S.B. 260

 

By: West, Shapiro

 

Health & Human Services

 

4/6/2011

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

In recent years, there has been an increase in incidents occurring at child-care facilities and at the hands of child-care workers that have resulted in harm or even death to children.  C.S.S.B. 260 increases the hours of training required for workers and directors of child-care facilities. 

 

The bill requires 24 hours of pre-service training, rather than eight hours of pre-service training required under current law, for caregivers.  The first eight hours must be completed before the caregiver is responsible for a group of children.  After the initial eight hours of training, 90 days is provided for the caregiver to complete the remaining training.  This bill authorizes an exemption from the pre-service training requirement if the caregiver has two or more years of experience, rather than if the caregiver has six months of experience as under current law.

 

Additionally, the required 15 hours of annual training for caregivers is increased to 24 hours, and the 20 hours of required annual training for the director of a child-care facility is increased to 30 hours.

 

Lastly, the bill requires an employee of a child-care facility to complete an orientation to the facility within seven days of the employee's initial date of employment.

 

C.S.S.B. 260 amends current law relating to minimum training standards for employees of certain child-care facilities.

 

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, Human Resources Code, by amending Subsection (a) and adding Subsection (f), as follows:

 

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

 

(1)  24 hours, rather than eight hours, 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)  24 hours, rather than 15 hours, 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 of certain areas; and

 

(3)  30 hours, rather than 20 hours, 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 of certain areas.

 

(f)  Prohibits DFPS, in adopting the minimum training standards under Section 42.042(p), from requiring more training hours than the number of hours prescribed by Subsection (a).

 

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

 

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

 

SECTION 3.  (a)  Makes application of Section 42.0421(a)(1), Human Resources Code, as amended 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, 2011.