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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain shelter day-care facilities, |
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child-care facilities, and individuals providing child-care |
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services, and access to certain criminal history record |
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information; providing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivision (18), Section 42.002, Human |
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Resources Code, is amended to read as follows: |
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(18) "Controlling person" means a person who, either |
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alone or in connection with others, has the ability to directly or |
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indirectly influence or direct the management, expenditures, or |
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policies of a [residential child-care] facility or family home. |
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SECTION 2. Section 42.044, Human Resources Code, is amended |
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by amending Subsection (b) and adding Subsections (c-1) and (c-2) |
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to read as follows: |
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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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investigate a listed family home when the department receives a
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complaint of abuse or neglect of a child, as defined by Section
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261.401, Family Code.] At least one of the annual visits must be |
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unannounced and all may be unannounced. |
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(c-1) The department: |
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(1) shall investigate a listed family home if the |
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department receives a complaint that: |
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(A) a child in the home has been abused or |
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neglected, as defined by Section 261.401, Family Code; or |
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(B) otherwise alleges an immediate risk of danger |
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to the health or safety of a child being cared for in the home; and |
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(2) may investigate a listed family home to ensure |
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that the home is providing care for compensation to not more than |
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three children, excluding children who are related to the |
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caretaker. |
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(c-2) The department must notify the operator of a listed |
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family home when a complaint is being investigated under this |
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section and report in writing the results of the investigation to |
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the family home's operator. |
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SECTION 3. Section 42.052, Human Resources Code, is amended |
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by amending Subsection (j) and adding Subsection (j-1) to read as |
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follows: |
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(j) The operator of a listed family home shall undergo |
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initial and subsequent background and criminal history checks |
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required under Section 42.056. If the operator of a listed family |
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home fails to submit the information required by Section 42.056 for |
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a subsequent background and criminal history check, the department |
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shall automatically: |
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(1) suspend the home's listing until the required |
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information is submitted; and |
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(2) revoke the home's listing if the required |
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information is not submitted within six months after the date the |
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automatic suspension begins. |
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(j-1) A suspension or revocation under Subsection (j) is not |
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a suspension or revocation under Section 42.072. |
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SECTION 4. Subsection (f), Section 42.054, Human Resources |
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Code, is amended to read as follows: |
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(f) If a facility, agency, or home fails to pay the annual |
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fee when due, the license, listing, or registration, as |
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appropriate, is automatically suspended until the fee is paid. The |
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license, listing, or registration shall be revoked if the fee is not |
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paid within six months after the date the automatic suspension |
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begins. A suspension or revocation under this subsection is not a |
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suspension or revocation under Section 42.072. |
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SECTION 5. Section 42.056, Human Resources Code, is amended |
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by amending Subsection (a-2) and adding Subsection (l) to read as |
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follows: |
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(a-2) In accordance with rules adopted by the executive |
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commissioner, the director, owner, or operator of a day-care |
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center, before-school or after-school program, or school-age |
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program shall submit a complete set of fingerprints of each person |
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whose name is required to be submitted by the director, owner, or |
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operator under Subsection (a), unless the person is only required |
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to have the person's name submitted based on criteria specified by |
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Subsection (a)(7). This subsection does not apply to a program that |
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is exempt from the licensing requirements of Section 42.041. |
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(l) In accordance with rules adopted by the executive |
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commissioner, a person that contracts to provide one or more |
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substitute employees to a facility or family home must submit to the |
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department for use in conducting background and criminal history |
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checks the name of each substitute employee. Before a substitute |
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employee may be present at a facility or family home, the employee |
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must meet the same requirements under this section as an employee |
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present at the facility or family home who performs similar duties. |
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The director, owner, or operator of a facility or family home must |
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verify with the department that a substitute employee is eligible |
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to be present at the facility or family home before allowing the |
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employee to begin work. |
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SECTION 6. Section 42.062, Human Resources Code, is amended |
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to read as follows: |
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Sec. 42.062. CERTAIN EMPLOYMENT AND SERVICE PROHIBITED. A |
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person may not be employed as a controlling person or serve in that |
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capacity in a [residential child-care] facility or family home if |
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the person [may not employ in any capacity a person who] is not |
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eligible to receive a license or certification for the operation of |
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a [residential child-care] facility or family home under Section |
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42.072(g) or [who] has been denied a license under Section 42.046 |
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for a substantive reason. |
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SECTION 7. Section 42.072, Human Resources Code, is amended |
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by adding Subsection (c-1) and amending Subsections (e) and (g) to |
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read as follows: |
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(c-1) A person described by Subsection (c) may not be a |
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controlling person in any facility or family home during the |
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five-year period in which the person is ineligible to receive a |
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license, listing, registration, or certification. |
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(e) A person may continue to operate a facility or family |
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home during an appeal of a license, listing, or registration |
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[denial or] revocation unless the operation of the facility or |
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family home poses a risk to the health or safety of children. The |
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executive commissioner shall by rule establish the criteria for |
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determining whether the operation of a facility or family home |
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poses a risk to the health or safety of children. The department |
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shall notify the facility or family home of the criteria the |
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department used to determine that the operation of the facility or |
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family home poses a risk to health or safety and that the facility |
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or family home may not operate. A person who has been notified by |
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the department that the facility or home may not operate under this |
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section may seek injunctive relief from a district court in Travis |
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County or in the county in which the facility or home is located to |
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allow operation during the pendency of an appeal. The court may |
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grant injunctive relief against the agency's action only if the |
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court finds that the child-care operation does not pose a health or |
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safety risk to children. A court granting injunctive relief under |
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this subsection shall have no other jurisdiction over an appeal of |
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final agency action unless conferred by Chapter 2001, Government |
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Code. |
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(g) Notwithstanding Subsection (c), the department may |
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refuse to issue a license, listing, registration, or certification |
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to: |
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(1) a person whose license, listing, registration, or |
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certification for a [residential child-care] facility or family |
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home was revoked by the department or by court order; |
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(2) a person who was a controlling person of a |
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[residential child-care] facility or family home at the time |
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conduct occurred that resulted in the revocation of the license, |
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listing, registration, or certification of the facility or family |
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home; |
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(3) a person who voluntarily closed a [residential
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child-care] facility or family home or relinquished the person's |
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license, listing, registration, or certification after: |
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(A) the department took an action under |
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Subsection (a) in relation to the facility, family home, or person; |
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or |
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(B) the person received notice that the |
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department intended to take an action under Subsection (a) in |
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relation to the facility, family home, or person; or |
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(4) a person who was a controlling person of a |
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[residential child-care] facility or family home at the time |
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conduct occurred that resulted in the closure of the facility or |
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family home or relinquishment of the license, listing, |
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registration, or certification in the manner described by |
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Subdivision (3). |
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SECTION 8. Subsection (a), Section 42.078, Human Resources |
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Code, is amended to read as follows: |
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(a) The department may impose an administrative penalty |
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against a facility or family home licensed, [or] registered, or |
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listed under this chapter that violates this chapter or a rule or |
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order adopted under this chapter. In addition, the department may |
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impose an administrative penalty against a residential child-care |
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facility or a controlling person of a residential child-care |
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facility if the facility or controlling person: |
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(1) violates a term of a license or registration |
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issued under this chapter; |
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(2) makes a statement about a material fact that the |
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facility or person knows or should know is false: |
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(A) on an application for the issuance of a |
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license or registration or an attachment to the application; or |
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(B) in response to a matter under investigation; |
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(3) refuses to allow a representative of the |
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department to inspect: |
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(A) a book, record, or file required to be |
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maintained by the facility; or |
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(B) any part of the premises of the facility; |
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(4) purposefully interferes with the work of a |
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representative of the department or the enforcement of this |
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chapter; or |
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(5) fails to pay a penalty assessed under this chapter |
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on or before the date the penalty is due, as determined under this |
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section. |
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SECTION 9. Chapter 42, Human Resources Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. REGULATION OF TEMPORARY SHELTER DAY-CARE FACILITIES |
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Sec. 42.201. DEFINITIONS. In this subchapter: |
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(1) "Shelter" means a supervised publicly or privately |
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operated shelter or other facility that is designed to provide |
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temporary living accommodations to individuals and families, |
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including a family violence shelter, a homeless shelter, and an |
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emergency shelter. The term does not include a temporary facility |
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established in response to a natural or other disaster. |
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(2) "Shelter care" means child care that is provided: |
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(A) to seven or more children under 14 years of |
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age who temporarily reside at a shelter each with an adult who is |
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related to the child by blood or who is the child's managing |
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conservator; |
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(B) by a person who is not a temporary resident of |
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a shelter; and |
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(C) while the adult described by Paragraph (A) is |
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away from the shelter. |
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(3) "Shelter day-care facility" means a shelter that |
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provides shelter care for not more than 24 hours a day, but at least |
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four hours a day, three or more days a week. |
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Sec. 42.202. PERMIT REQUIRED. (a) Except as provided by |
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Subsections (b) and (e), a shelter may not provide shelter care |
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unless the shelter holds a permit issued by the department under |
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this subchapter. |
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(b) A shelter is not required to obtain a permit to provide |
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shelter care under this subchapter if the shelter holds a license to |
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operate a child-care facility that is issued by the department |
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under Subchapter C. A shelter that holds that license must comply |
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with the applicable provisions of Subchapter C, the applicable |
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rules of the department, and any specific terms of the license. |
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(c) Notwithstanding any other law, including Section |
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42.041, a shelter that holds a permit issued under this subchapter |
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is not required to hold a license under Subchapter C to operate a |
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shelter day-care facility. |
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(d) The department may not issue a permit under this |
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subchapter to a shelter that provides child care to a child who is |
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not a resident of the shelter. A shelter that provides child care |
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described by this subsection must hold a license to operate a |
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child-care facility issued under Subchapter C. |
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(e) A shelter is not required to obtain a permit under this |
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subchapter or a license under Subchapter C if the shelter provides |
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shelter care for: |
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(1) less than four hours a day or for less than three |
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days a week; or |
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(2) six or fewer children. |
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Sec. 42.203. APPLICATION; INITIAL INSPECTION AND |
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BACKGROUND AND CRIMINAL HISTORY CHECKS. (a) The department shall |
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develop and implement a streamlined procedure by which a shelter |
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may apply for and be issued a permit to operate a shelter day-care |
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facility. The shelter must submit an application for the permit to |
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the department on a form prescribed by the department. |
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(b) Except as provided by Section 42.204, on receipt of a |
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shelter's application for a permit, the department shall: |
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(1) conduct an initial inspection of the shelter |
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day-care facility to ensure that the shelter is able to comply with |
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the provisions of this subchapter and that the facility complies |
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with the fire safety and sanitation standards of the political |
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subdivision in which the facility is located; and |
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(2) conduct a background and criminal history check on |
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each prospective caregiver whose name is submitted as required by |
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Section 42.206(a). |
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(c) The department may charge an applicant an |
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administrative fee in a reasonable amount that is sufficient to |
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cover the costs of the department in processing the application. |
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(d) The department shall process an application not later |
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than the 30th day after the date the department receives all of the |
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required information. |
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Sec. 42.204. CONVERSION OF LICENSE. (a) The department |
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shall develop and implement a procedure by which a shelter that |
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holds a license to operate a child-care facility that is issued |
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under Subchapter C before September 1, 2012, may convert the |
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license to a permit under this subchapter. The procedure must |
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include an abbreviated application form for use by the shelter in |
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applying for the permit. |
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(b) The department may waive the requirements under Section |
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42.203(b) for an initial inspection or background and criminal |
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history checks with respect to a licensed child-care facility |
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seeking to convert a license to a permit under this section if the |
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department determines that previously conducted inspections or |
|
background and criminal history checks, as applicable, are |
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sufficient to ensure the safety of children receiving care at the |
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facility. |
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Sec. 42.205. CAREGIVER QUALIFICATIONS AND TRAINING; |
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CHILD-TO-CAREGIVER RATIOS. (a) The executive commissioner shall |
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adopt rules that specify the minimum: |
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(1) qualifications and training required for a person |
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providing child care in a shelter day-care facility; and |
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(2) child-to-caregiver ratios in a shelter day-care |
|
facility. |
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(b) In adopting rules under this section, the executive |
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commissioner shall consider: |
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(1) the special circumstances and needs of families |
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that seek temporary shelter; and |
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(2) the role of a shelter in assisting and supporting |
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families in crisis. |
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Sec. 42.206. BACKGROUND AND CRIMINAL HISTORY CHECKS |
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REQUIRED. (a) In accordance with rules adopted by the executive |
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commissioner, a shelter shall, when applying for a permit under |
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this subchapter and at least once during each 24-month period after |
|
receiving that permit, submit to the department for use in |
|
conducting background and criminal history checks: |
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(1) the name of any director or prospective director |
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of the shelter day-care facility and the name of each caregiver or |
|
prospective caregiver employed at the facility to provide care to |
|
children; |
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(2) the name of each person counted in |
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child-to-caregiver ratios at the shelter day-care facility; and |
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(3) the name of each person 14 years of age or older |
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who will have unsupervised access to one or more children while in |
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the care of the shelter day-care facility. |
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(b) In addition to the requirements of Subsection (a), a |
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shelter shall submit a complete set of fingerprints of each person |
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required to undergo a criminal history check under Subsection (a) |
|
if: |
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(1) the person has lived outside the state at any time |
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during the previous five years; or |
|
(2) the shelter has reason to suspect that the person |
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has a criminal history in another state. |
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(c) The department shall conduct background and criminal |
|
history checks using: |
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(1) the information provided under Subsection (a) or |
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(b), as applicable; |
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(2) the information made available by the Department |
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of Public Safety under Section 411.114, Government Code, or by the |
|
Federal Bureau of Investigation or another criminal justice agency |
|
under Section 411.087, Government Code; and |
|
(3) the department's records of reported abuse and |
|
neglect. |
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(d) For purposes of Sections 411.114 and 411.087, |
|
Government Code: |
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(1) a shelter that applies for a permit is considered |
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to be an applicant for a license under this chapter; and |
|
(2) a shelter day-care facility operating under a |
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permit issued under this subchapter is considered to be a |
|
child-care facility licensed under this chapter. |
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(e) The department shall require the shelter 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. |
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Sec. 42.207. APPLICABILITY OF OTHER LAW. Except as |
|
otherwise provided by this subchapter, a shelter day-care facility |
|
operating under this subchapter is not a child-care facility, as |
|
defined by Section 42.002, and the provisions of this chapter and |
|
the department's rules that apply to a child-care facility licensed |
|
under Subchapter C do not apply to a shelter day-care facility. |
|
Sec. 42.208. REPORTING OF INCIDENTS AND VIOLATIONS. A |
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shelter day-care facility operating under this subchapter and each |
|
employee of that facility are subject to the reporting requirements |
|
of Section 42.063 to the same extent a licensed child-care facility |
|
and employees of licensed child-care facilities are subject to that |
|
section. |
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Sec. 42.209. AUTHORITY TO CONDUCT LIMITED INSPECTIONS. |
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(a) The department may inspect a shelter day-care facility |
|
operating under this subchapter if the department receives a |
|
complaint or report of child abuse or neglect alleged to have |
|
occurred at the shelter day-care facility. |
|
(b) If the department inspects a shelter day-care facility |
|
as authorized by this section, the department may require the |
|
facility to take appropriate corrective action the department |
|
determines necessary to comply with the requirements of this |
|
subchapter and to ensure the health and safety of children |
|
receiving care at the facility. The department may continue to |
|
inspect the facility until corrective action is taken and for a |
|
reasonable time after that action is taken to ensure continued |
|
compliance. |
|
(c) The department may charge a shelter issued a permit |
|
under this subchapter a reasonable fee for the cost of services |
|
provided by the department in formulating, monitoring, and |
|
implementing a corrective action plan under this section. |
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Sec. 42.210. SUSPENSION, DENIAL, OR REVOCATION. (a) The |
|
department may suspend, deny, or revoke a permit issued to a shelter |
|
under this subchapter if the shelter does not comply with the |
|
provisions of this subchapter or any applicable department rules. |
|
(b) The department may refuse to issue a permit under this |
|
subchapter to a shelter that had its authorization to operate a |
|
child-care facility issued under another subchapter revoked, |
|
suspended, or not renewed for a reason relating to child health or |
|
safety as determined by the department. |
|
(c) A shelter day-care facility is subject to the emergency |
|
suspension of its permit to operate and to closure under Section |
|
42.073 to the same extent and in the same manner as a licensed |
|
child-care facility is subject to that section. |
|
SECTION 10. Subsection (a), Section 43.010, Human Resources |
|
Code, is amended to read as follows: |
|
(a) The department may deny, revoke, suspend, or refuse to |
|
renew a license, or place on probation or reprimand a license holder |
|
for: |
|
(1) violating this chapter or a rule adopted under |
|
this chapter; |
|
(2) circumventing or attempting to circumvent the |
|
requirements of this chapter or a rule adopted under this chapter; |
|
(3) engaging in fraud or deceit related to the |
|
requirements of this chapter or a rule adopted under this chapter; |
|
(4) providing false or misleading information to the |
|
department during the license application or renewal process for |
|
any person's license; |
|
(5) making a statement about a material fact during |
|
the license application or renewal process that the person knows or |
|
should know is false; |
|
(6) having: |
|
(A) a criminal history or central registry record |
|
that would prohibit a person from working in a child-care facility, |
|
as defined by Section 42.002, under rules applicable to that type of |
|
facility; or |
|
(B) a criminal history relevant to the duties of |
|
a licensed child-care or child-placing administrator, as those |
|
duties are specified in rules adopted by the executive |
|
commissioner; |
|
(7) using drugs or alcohol in a manner that |
|
jeopardizes the person's ability to function as an administrator; |
|
or |
|
(8) performing duties as a child-care administrator in |
|
a negligent manner. |
|
SECTION 11. Section 411.087, Government Code, is amended by |
|
amending Subsections (a) and (e) and adding Subsection (f) to read |
|
as follows: |
|
(a) Unless otherwise authorized by Subsection (e), a [A] |
|
person, agency, department, political subdivision, or other entity |
|
that is authorized by this subchapter to obtain from the department |
|
criminal history record information maintained by the department |
|
that relates to another person is authorized to: |
|
(1) obtain through the Federal Bureau of Investigation |
|
criminal history record information maintained or indexed by that |
|
bureau that pertains to that person; or |
|
(2) obtain from any other criminal justice agency in |
|
this state criminal history record information maintained by that |
|
criminal justice agency that relates to that person. |
|
(e) The department may provide access to state and national |
|
criminal history record information to qualified [nongovernmental] |
|
entities entitled to that information under 42 U.S.C. Section |
|
5119a. The department must follow federal law and regulation, |
|
federal executive orders, and federal policy in releasing |
|
information under this subsection. |
|
(f) Notwithstanding any other law, a person, agency, |
|
department, political subdivision, or other entity entitled to |
|
access the criminal history record information of a person under |
|
Subsection (e) is not required to collect or submit the person's |
|
fingerprints if: |
|
(1) a complete set of the person's fingerprints was |
|
previously submitted under Subsection (d)(1); |
|
(2) the department retained the fingerprints; |
|
(3) the fingerprints are acceptable to the Federal |
|
Bureau of Investigation for access to criminal history record |
|
information; and |
|
(4) the only purpose for which the person's |
|
fingerprints are collected is to access criminal history record |
|
information under Subsection (e). |
|
SECTION 12. Subsection (a), Section 411.114, Government |
|
Code, is amended to read as follows: |
|
(a)(1) In this subsection: |
|
(A) "Child," "child-care facility," |
|
"child-placing agency," and "family home" have the meanings |
|
assigned by Section 42.002, Human Resources Code. |
|
(B) "Elderly person" has the meaning assigned by |
|
Section 48.002, Human Resources Code. |
|
[(C)
"Maternity home" has the meaning assigned by
|
|
Section 249.001, Health and Safety Code.] |
|
(D) "Person with a disability" means a disabled |
|
person as defined by Section 48.002, Human Resources Code. |
|
(E) "Ward" has the meaning assigned by Section |
|
601, Texas Probate Code. |
|
(2) The Department of Family and Protective Services |
|
shall obtain from the department criminal history record |
|
information maintained by the department that relates to a person |
|
who is: |
|
(A) an applicant for a license, registration, |
|
certification, or listing under Chapter 42, Human Resources Code[,
|
|
or Chapter 249, Health and Safety Code]; |
|
(B) an owner, operator, or employee of or an |
|
applicant for employment by a child-care facility, child-placing |
|
agency, or family home[, or maternity home] licensed, registered, |
|
certified, or listed under Chapter 42, Human Resources Code[, or
|
|
Chapter 249, Health and Safety Code]; |
|
(C) a person 14 years of age or older who will be |
|
regularly or frequently working or staying in a child-care facility |
|
or[,] family home[, or maternity home] while children are being |
|
provided care, other than a child in the care of the home or |
|
facility; |
|
(D) an applicant selected for a position with the |
|
Department of Family and Protective Services, the duties of which |
|
include direct delivery of protective services to children, elderly |
|
persons, or persons with a disability; |
|
(E) an employee of, an applicant for employment |
|
with, or a volunteer or an applicant volunteer with a business |
|
entity or person that contracts with the Department of Family and |
|
Protective Services to provide direct delivery of protective |
|
services to children, elderly persons, or persons with a |
|
disability, if the person's duties or responsibilities include |
|
direct contact with children, elderly persons, or persons with a |
|
disability; |
|
(F) a registered volunteer with the Department of |
|
Family and Protective Services; |
|
(G) a person providing or applying to provide |
|
in-home, adoptive, or foster care for children in the care of the |
|
Department of Family and Protective Services and other persons |
|
living in the residence in which the child will reside; |
|
(H) a Department of Family and Protective |
|
Services employee who is engaged in the direct delivery of |
|
protective services to children, elderly persons, or persons with a |
|
disability; |
|
(I) a person who is the subject of a report the |
|
Department of Family and Protective Services receives alleging that |
|
the person has abused, neglected, or exploited a child, an elderly |
|
person, or a person with a disability, provided that: |
|
(i) the report alleges the person has |
|
engaged in conduct that meets the statutory definition of abuse, |
|
neglect, or exploitation under Chapter 261, Family Code, or Chapter |
|
48, Human Resources Code; and |
|
(ii) the person who is the subject of the |
|
report is not also the victim of the alleged conduct; |
|
(J) a person providing child care for a child who |
|
is in the care of the Department of Family and Protective Services |
|
and who is or will be receiving adoptive, foster, or in-home care; |
|
(K) through a contract with a nonprofit |
|
management center, an employee of, an applicant for employment |
|
with, or a volunteer or an applicant volunteer with a nonprofit, |
|
tax-exempt organization that provides any service that involves the |
|
care of or access to children, elderly persons, or persons with a |
|
disability; or |
|
(L) an applicant for a child-care administrator |
|
or child-placing agency administrator license under Chapter 43, |
|
Human Resources Code. |
|
(3) The Department of Family and Protective [and
|
|
Regulatory] Services is entitled to obtain from the department |
|
criminal history record information maintained by the department |
|
that relates to a person who is: |
|
(A) a volunteer or applicant volunteer with a |
|
local affiliate in this state of Big Brothers/Big Sisters of |
|
America; |
|
(B) a volunteer or applicant volunteer with the |
|
"I Have a Dream/Houston" program; |
|
(C) a volunteer or applicant volunteer with an |
|
organization that provides court-appointed special advocates for |
|
abused or neglected children; |
|
(D) a person providing, at the request of the |
|
child's parent, in-home care for a child who is the subject of a |
|
report alleging the child has been abused or neglected; |
|
(E) a volunteer or applicant volunteer with a |
|
Texas chapter of the Make-a-Wish Foundation of America; |
|
(F) a person providing, at the request of the |
|
child's parent, in-home care for a child only if the person gives |
|
written consent to the release and disclosure of the information; |
|
(G) a child who is related to the caretaker, as |
|
determined under Section 42.002, Human Resources Code, and who |
|
resides in or is present in a child-care facility or[,] family |
|
home[, or maternity home], other than a child described by |
|
Subdivision (2)(C), or any other person who has unsupervised access |
|
to a child in the care of a child-care facility or[,] family home[,
|
|
or maternity home]; |
|
(H) an applicant for a position with the |
|
Department of Family and Protective [and Regulatory] Services, |
|
other than a position described by Subdivision (2)(D), regardless |
|
of the duties of the position; |
|
(I) a volunteer or applicant volunteer with the |
|
Department of Family and Protective [and Regulatory] Services, |
|
other than a registered volunteer, regardless of the duties to be |
|
performed; |
|
(J) a person providing or applying to provide |
|
in-home, adoptive, or foster care for children to the extent |
|
necessary to comply with Subchapter B, Chapter 162, Family Code; |
|
(K) a Department of Family and Protective [and
|
|
Regulatory] Services employee, other than an employee described by |
|
Subdivision (2)(H), regardless of the duties of the employee's |
|
position; |
|
(L) a relative of a child in the care of the |
|
Department of Family and Protective [and Regulatory] Services, to |
|
the extent necessary to comply with Section 162.007, Family Code; |
|
(M) a person, other than the subject of a report |
|
described in Subdivision (2)(I), living in the residence in which |
|
the alleged victim of the report resides; |
|
(N) a contractor or an employee of a contractor |
|
who delivers services to a ward of the Department of Family and |
|
Protective [and Regulatory] Services under a contract with the |
|
estate of the ward; |
|
(O) a person who seeks unsupervised visits with a |
|
ward of the Department of Family and Protective [and Regulatory] |
|
Services, including a relative of the ward; or |
|
(P) an employee, volunteer, or applicant |
|
volunteer of a children's advocacy center under Subchapter E, |
|
Chapter 264, Family Code, including a member of the governing board |
|
of a center. |
|
(4) Subject to Section 411.087, the Department of |
|
Family and Protective [and Regulatory] Services is entitled to: |
|
(A) obtain through the Federal Bureau of |
|
Investigation criminal history record information maintained or |
|
indexed by that bureau that pertains to a person described by |
|
Subdivision (2); and |
|
(B) obtain from any other criminal justice agency |
|
in this state criminal history record information maintained by |
|
that criminal justice agency that relates to a person described by |
|
Subdivision (2) or (3). Law enforcement entities shall expedite |
|
the furnishing of such information to Department of Family and |
|
Protective [and Regulatory] Services workers to ensure prompt |
|
criminal background checks for the safety of alleged victims and |
|
Department of Family and Protective [and Regulatory] Services |
|
workers. |
|
(5) The Department of Family and Protective [and
|
|
Regulatory] Services may not use the authority granted under this |
|
section to harass an employee or volunteer. The executive |
|
commissioner of the Health and Human Services Commission [Board of
|
|
Protective and Regulatory Services] shall adopt rules to prevent |
|
the harassment of an employee or volunteer through the request and |
|
use of criminal records. |
|
(6) Criminal history record information obtained by |
|
the Department of Family and Protective [and Regulatory] Services |
|
under this subsection may not be released to any person except: |
|
(A) on court order; |
|
(B) with the consent of the person who is the |
|
subject of the criminal history record information; |
|
(C) for purposes of an administrative hearing |
|
held by the Department of Family and Protective [and Regulatory] |
|
Services concerning the person who is the subject of the criminal |
|
history record information; or |
|
(D) as provided by Subdivision (7). |
|
(7) The Department of Family and Protective [and
|
|
Regulatory] Services is not prohibited from releasing criminal |
|
history record information obtained under this subsection to: |
|
(A) the person who is the subject of the criminal |
|
history record information; |
|
(B) a child-care facility, child-placing agency, |
|
or family home[, or maternity home] listed in Subdivision (2) that |
|
employs or is considering employing the person who is the subject of |
|
the criminal history record information; |
|
(C) a person or business entity described by |
|
Subdivision (2)(E) or (3) who uses or intends to use the services of |
|
the volunteer or employs or is considering employing the person who |
|
is the subject of the criminal history record information; or |
|
(D) an adult residing with a child, elderly |
|
person, or person with a disability and the person who is the |
|
subject of the criminal history record information, if the |
|
Department of Family and Protective [and Regulatory] Services |
|
determines that the release of information to the adult is |
|
necessary to ensure the safety or welfare of the child, elderly |
|
person, or person with a disability or the adult. |
|
SECTION 13. Subsection (e), Section 81.042, Health and |
|
Safety Code, is amended to read as follows: |
|
(e) The following persons shall report to the local health |
|
authority or the department a suspected case of a reportable |
|
disease and all information known concerning the person who has or |
|
is suspected of having the disease if a report is not made as |
|
required by Subsections (a)-(d): |
|
(1) a professional registered nurse; |
|
(2) an administrator or director of a public or |
|
private temporary or permanent child-care facility; |
|
(3) an administrator or director of a nursing home, |
|
personal care home, [maternity home,] adult respite care center, or |
|
adult day-care center; |
|
(4) an administrator of a home health agency; |
|
(5) an administrator or health official of a public or |
|
private institution of higher education; |
|
(6) an owner or manager of a restaurant, dairy, or |
|
other food handling or processing establishment or outlet; |
|
(7) a superintendent, manager, or health official of a |
|
public or private camp, home, or institution; |
|
(8) a parent, guardian, or householder; |
|
(9) a health professional; |
|
(10) an administrator or health official of a penal or |
|
correctional institution; or |
|
(11) emergency medical service personnel, a peace |
|
officer, or a firefighter. |
|
SECTION 14. (a) The Department of Family and Protective |
|
Services shall develop and implement a procedure by which a |
|
maternity home that provides residential child care to a minor |
|
mother and that holds a license issued under Chapter 249, Health and |
|
Safety Code, before September 1, 2012, may convert the license to a |
|
residential child-care facility license issued under Chapter 42, |
|
Human Resources Code. |
|
(b) The Department of Family and Protective Services may |
|
waive requirements for an initial inspection or initial background |
|
and criminal history checks with respect to a maternity home |
|
seeking to convert a license under Subsection (a) of this section if |
|
the department determines that previously conducted inspections or |
|
background and criminal history checks, as applicable, are |
|
sufficient to ensure the safety of children receiving care at the |
|
facility. |
|
SECTION 15. The following laws are repealed: |
|
(1) Chapter 249, Health and Safety Code; and |
|
(2) Subsection (g-2), Section 42.042, Human Resources |
|
Code. |
|
SECTION 16. (a) Except as provided by Subsection (b) of |
|
this section, this Act takes effect September 1, 2011. |
|
(b) The changes in law made by this Act by the amendment of |
|
Subsection (a), Section 411.114, Government Code, and Subsection |
|
(e), Section 81.042, Health and Safety Code, the enactment of |
|
Subchapter G, Chapter 42, Human Resources Code, and the repeal of |
|
Chapter 249, Health and Safety Code, and Subsection (g-2), Section |
|
42.042, Human Resources Code, take effect September 1, 2012. |