|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the regulation of certain child-care facilities and |
|
administrators of those facilities. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 42.044, Human Resources Code, is amended |
|
by amending Subsections (b) and (b-2) and adding Subsection (b-3) |
|
to read as follows: |
|
(b) Except as provided by Subsection (b-3), the [The] |
|
department shall inspect all licensed or certified facilities at |
|
least once a year and may inspect other facilities or registered |
|
family homes as necessary. At least one of the annual visits must |
|
be unannounced and all may be unannounced. |
|
(b-2) Except as otherwise provided by this subsection, |
|
during an unannounced annual or biennial inspection of a day-care |
|
center, the department shall meet with the director designated by |
|
the day-care center as having daily, on-site responsibility for the |
|
operation of the day-care center to assess whether the director |
|
meets the qualifications of a director specified by this chapter |
|
and department rules. If the director is not present during the |
|
unannounced annual or biennial inspection, the department shall |
|
schedule a subsequent meeting with the director for that purpose |
|
and shall conduct that meeting at the day-care center. |
|
(b-3) The department may, in accordance with rules adopted |
|
by the executive commissioner, designate a licensed day-care center |
|
or group day-care home for a biennial inspection if the department |
|
determines, based on previous inspections, that the facility has a |
|
history of substantial compliance with minimum licensing |
|
standards. The biennial inspection of a day-care center or group |
|
day-care home must be unannounced. |
|
SECTION 2. Sections 42.056(a-2), (a-4), (a-5), and (b-1), |
|
Human Resources Code, are amended to read as follows: |
|
(a-2) In accordance with rules adopted by the executive |
|
commissioner, the director, owner, or operator of a residential |
|
child-care facility, day-care center, before-school or |
|
after-school program, or school-age program shall submit a complete |
|
set of fingerprints of each person whose name is required to be |
|
submitted by the director, owner, or operator under Subsection (a), |
|
unless the person is only required to have the person's name |
|
submitted based on criteria specified by Subsection (a)(7). This |
|
subsection does not apply to a program that is exempt from the |
|
licensing requirements of Section 42.041. |
|
(a-4) In accordance with rules adopted by the executive |
|
commissioner, the director, owner, or operator of a [child-care] |
|
facility or family home shall submit a complete set of fingerprints |
|
of each person whose name is required to be submitted by the |
|
director, owner, or operator under Subsection (a) if: |
|
(1) the person resided in another state during the |
|
five years preceding the date the person's name was required to be |
|
submitted under Subsection (a); or |
|
(2) the director, owner, or operator has reason to |
|
suspect that the person has a criminal history in another state. |
|
(a-5) The rules adopted by the executive commissioner under |
|
Subsections (a-2)[, (a-3),] and (a-4): |
|
(1) must require that the fingerprints be submitted in |
|
a form and of a quality acceptable to the Department of Public |
|
Safety and the Federal Bureau of Investigation for conducting a |
|
criminal history check; |
|
(2) may require that the fingerprints be submitted |
|
electronically through an applicant fingerprinting service center; |
|
and |
|
(3) may allow the department to waive the submission |
|
of fingerprints required by this section if: |
|
(A) the person for whom the submission is |
|
required has: |
|
(i) a fingerprint-based criminal history |
|
record check on file with the department; or |
|
(ii) a fingerprint-based criminal history |
|
clearinghouse record, as provided by Section 411.0845, Government |
|
Code, that is accessible to the department through the Department |
|
of Public Safety; and |
|
(B) the date on which the current submission of |
|
fingerprints is required occurs before the second anniversary of a |
|
previous name-based criminal history check of the person. |
|
(b-1) In addition to any other background or criminal |
|
history check conducted under Subsection (b), for each person whose |
|
fingerprints are submitted under Subsection (a-2)[, (a-3),] or |
|
(a-4), the department shall conduct a state and Federal Bureau of |
|
Investigation criminal history check by: |
|
(1) submitting the person's fingerprints, or causing |
|
the fingerprints to be submitted electronically, to the Department |
|
of Public Safety for the purpose of conducting a state and federal |
|
criminal history check; and |
|
(2) using the resulting information made available by |
|
that department under Section 411.114, Government Code, and by the |
|
Federal Bureau of Investigation and any other criminal justice |
|
agency under Section 411.087, Government Code. |
|
SECTION 3. Section 42.078, Human Resources Code, is amended |
|
by amending Subsections (a) and (a-1) and adding Subsection (a-2) |
|
to read as follows: |
|
(a) The department may impose an administrative sanction or |
|
an administrative penalty against a facility or family home |
|
licensed, registered, or listed under this chapter that violates |
|
this chapter or a rule or order adopted under this chapter. In |
|
addition, the department may impose an administrative penalty |
|
against a [residential child-care] facility or family home or a |
|
controlling person of a [residential child-care] facility or family |
|
home if the facility, family home, or controlling person: |
|
(1) violates a term of a license or registration |
|
issued under this chapter; |
|
(2) makes a statement about a material fact that the |
|
facility or person knows or should know is false: |
|
(A) on an application for the issuance of a |
|
license or registration or an attachment to the application; or |
|
(B) in response to a matter under investigation; |
|
(3) refuses to allow a representative of the |
|
department to inspect: |
|
(A) a book, record, or file required to be |
|
maintained by the facility; or |
|
(B) any part of the premises of the facility; |
|
(4) purposefully interferes with the work of a |
|
representative of the department or the enforcement of this |
|
chapter; or |
|
(5) fails to pay a penalty assessed under this chapter |
|
on or before the date the penalty is due, as determined under this |
|
section. |
|
(a-1) Except as provided by Subsection (a-2), nonmonetary |
|
[Nonmonetary,] administrative sanctions [penalties or remedies], |
|
including [but not limited to] corrective action plans, probation, |
|
and evaluation periods, shall be imposed when appropriate before |
|
administrative [monetary] penalties. |
|
(a-2) The department may impose an administrative penalty |
|
without first imposing a nonmonetary administrative sanction for |
|
the following violations: |
|
(1) failing to timely submit the information required |
|
to conduct a background and criminal history check under Section |
|
42.056 and applicable department rules on two or more occasions; |
|
(2) failing to submit the information required to |
|
conduct a background and criminal history check under Section |
|
42.056 and applicable department rules before the 30th day after |
|
the date the facility or family home is notified by the department |
|
that the information is overdue; |
|
(3) except as provided by Section 42.056(g), knowingly |
|
allowing a person to be present in a facility or family home when |
|
the person's background and criminal history check has not been |
|
received; |
|
(4) knowingly allowing a person to be present in a |
|
facility or family home when the person's background and criminal |
|
history check has been received and contains criminal history or |
|
central registry findings that under department rules preclude the |
|
person from being present in the facility or family home; or |
|
(5) violating a condition or restriction the |
|
department places on a person's presence at a facility or family |
|
home as part of a pending or approved risk evaluation of the |
|
person's background and criminal history or central registry |
|
findings. |
|
SECTION 4. Section 43.001, Human Resources Code, is amended |
|
by adding Subdivisions (5), (6), and (7) to read as follows: |
|
(5) "Controlling person" has the meaning assigned by |
|
Section 42.002. |
|
(6) "General residential operation" has the meaning |
|
assigned by Section 42.002. |
|
(7) "Permit" means a license, listing, registration, |
|
or certification issued to a facility or family home under Chapter |
|
42. |
|
SECTION 5. Section 43.003(a), Human Resources Code, is |
|
amended to read as follows: |
|
(a) Except as provided by Subsection (b) of this section, a |
|
person may not serve as a child-care administrator of a general |
|
residential operation [child-care institution] without a license |
|
issued by the department under this chapter. |
|
SECTION 6. Section 43.004, Human Resources Code, is amended |
|
by amending Subsections (a) and (b) and adding Subsection (d) to |
|
read as follows: |
|
(a) To be eligible for a child-care administrator's license |
|
a person must: |
|
(1) provide information for the department's use in |
|
conducting a criminal history and background check under Subsection |
|
(c), including a complete set of the person's fingerprints; |
|
(2) satisfy the minimum requirements under department |
|
rules relating to criminal history and background checks; |
|
(3) pass an examination developed and administered by |
|
the department that demonstrates competence in the field of |
|
child-care administration; |
|
(4) [(3)] have one year of full-time experience in |
|
management or supervision of child-care personnel and programs; and |
|
(5) [(4)] have one of the following educational and |
|
experience qualifications: |
|
(A) a master's or doctoral degree in social work |
|
or other area of study; or |
|
(B) a bachelor's degree and two years' full-time |
|
experience in child care or a closely related field. |
|
(b) To be eligible for a child-placing agency |
|
administrator's license a person must: |
|
(1) provide information for the department's use in |
|
conducting a criminal history and background check under Subsection |
|
(c), including a complete set of the person's fingerprints; |
|
(2) satisfy the minimum requirements under department |
|
rules relating to criminal history and background checks; |
|
(3) pass an examination developed and administered by |
|
the department that demonstrates competence in the field of placing |
|
children in residential settings or adoptive homes; |
|
(4) [(3)] have one year of full-time experience in |
|
management or supervision of child-placing personnel and programs; |
|
and |
|
(5) [(4)] have one of the following educational and |
|
experience qualifications: |
|
(A) a master's or doctoral degree in social work |
|
or other area of study; or |
|
(B) a bachelor's degree and two years' full-time |
|
experience in the field of placing children in residential settings |
|
or adoptive homes or a closely related field. |
|
(d) The executive commissioner shall adopt rules consistent |
|
with Section 42.056 relating to requiring a criminal history and |
|
background check before issuing or renewing a license under this |
|
chapter. |
|
SECTION 7. Section 43.009(a), Human Resources Code, is |
|
amended to read as follows: |
|
(a) To be eligible for license renewal, a license holder |
|
shall: |
|
(1) present evidence to the department of |
|
participation in a program of continuing education for 15 hours of |
|
formal study each year during the two-year period before the |
|
renewal; and |
|
(2) provide information for the department's use in |
|
conducting a criminal history and background check under Section |
|
43.004(c) and applicable department rules, including a complete set |
|
of the person's fingerprints. |
|
SECTION 8. Section 43.010(a), 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; or |
|
(9) engaging in conduct that makes the license holder |
|
ineligible for: |
|
(A) a permit under Section 42.072; or |
|
(B) employment as a controlling person or service |
|
in that capacity in a facility or family home under Section 42.062. |
|
SECTION 9. Sections 42.056(a-3) and 43.001(1), Human |
|
Resources Code, are repealed. |
|
SECTION 10. The changes in law made by this Act to Section |
|
42.078, Human Resources Code, apply only to a violation committed |
|
on or after the effective date of this Act. A violation committed |
|
before the effective date of this Act is governed by the law in |
|
effect when the violation was committed, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 11. This Act takes effect September 1, 2013. |