By: Watson, Zaffirini S.B. No. 705
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain investigation and evaluation information
  regarding certain child-care facilities, homes, and programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 261.203, Family Code, is amended by
  adding Subsections (a-1), (b-1), and (g) and amending Subsection
  (b) to read as follows:
         (a-1)  Subsection (a) applies to an investigation of alleged
  abuse or neglect that occurred in a residential child-care
  facility, day-care center, group day-care home, before-school or
  after-school program, school-age program, or family home
  regardless of whether the facility or program is licensed,
  registered, or listed in accordance with Chapter 42, Human
  Resources Code.
         (b)  If, after a child abuse or neglect investigation
  described by Subsection (a) is completed, the department determines
  a child's death or a child's near fatality was caused by abuse or
  neglect, the department on request shall promptly release
  investigation information not prohibited from release under
  federal law, including the following information:
               (1)  the information described by Subsection (a), if
  not previously released to the person requesting the information;
               (2)  information on whether a child's death or near
  fatality:
                     (A)  was determined by the department to be
  attributable to abuse or neglect; or
                     (B)  resulted in a criminal investigation or the
  filing of criminal charges if known at the time the investigation is
  completed;
               (3)  for cases in which the child's death or near
  fatality occurred while the child was living with the child's
  parent, managing conservator, guardian, or other person entitled to
  possession of the child:
                     (A)  a summary of any previous reports of abuse or
  neglect of the child or another child made while the child was
  living with that parent, managing conservator, guardian, or other
  person entitled to possession of the child;
                     (B)  the disposition of any report under Paragraph
  (A);
                     (C)  a description of any services, including
  family-based safety services, that were provided or offered by the
  department to the child or the child's family as a result of any
  report under Paragraph (A) and whether the services were accepted
  or declined; and
                     (D)  the results of any risk or safety assessment
  completed by the department relating to the child; [and]
               (4)  for a case in which the child's death or near
  fatality occurred while the child was in substitute care with the
  department or with a residential child-care facility [provider]
  regulated under Chapter 42, Human Resources Code, the following
  information:
                     (A)  the date the substitute care provider with
  whom the child was residing at the time of death or near fatality
  was licensed or verified;
                     (B)  a summary of any previous reports of abuse or
  neglect investigated by the department relating to the substitute
  care provider, including the disposition of any investigation
  resulting from a report;
                     (C)  any reported licensing violations, including
  notice of any action taken by the Health and Human Services
  Commission [department] regarding a violation; and
                     (D)  records of any training completed by the
  substitute care provider while the child was placed with the
  provider; and
               (5)  for a case in which the child's death or near
  fatality occurred in a day-care center, group day-care home,
  before-school or after-school program, school-age program, or
  family home, the following information:
                     (A)  whether the day-care center, group day-care
  home, before-school or after-school program, school-age program,
  or family home was licensed, registered, or listed at the time of
  the child's death or near fatality;
                     (B)  a summary of any previous reports of abuse or
  neglect investigated by the department relating to the day-care
  center, group day-care home, before-school or after-school
  program, school-age program, or family home, including the
  disposition of any investigation resulting from a report;
                     (C)  any reported licensing, registration, or
  listing violations, including notice of any action taken by the
  Health and Human Services Commission regarding a violation; and
                     (D)  records of any training completed by the
  day-care center, group day-care home, before-school or
  after-school program, school-age program, or family home.
         (b-1)  The department shall release the information
  described by this section in the most cost-efficient manner
  possible.
         (g)  In this section, "residential child-care facility,"
  "day-care center," "group day-care home," "before-school or
  after-school program," "school-age program," and "family home" 
  have the meanings assigned by Section 42.002, Human Resources Code.
         SECTION 2.  Section 42.04425, Human Resources Code, is
  amended to read as follows:
         Sec. 42.04425.  INSPECTION INFORMATION DATABASE. (a)  If
  feasible using available information systems, the commission 
  [department] shall establish a computerized database containing
  relevant inspection information on licensed day-care centers,
  licensed group day-care homes, and registered family homes from
  other state agencies and political subdivisions of the state.
         (b)  The commission [department] shall make the data
  collected by the commission [department] available to another state
  agency or political subdivision of the state for the purpose of
  administering programs or enforcing laws within the jurisdiction of
  that agency or subdivision.  If feasible using available
  information systems, the commission [department] shall make the
  data directly available to [the Department of State Health
  Services, the Department of Aging and Disability Services, and] the
  Texas Workforce Commission through electronic information systems.  
  The commission [department, the Department of State Health
  Services, the Department of Aging and Disability Services,] and the
  Texas Workforce Commission shall jointly plan the development of
  child-care inspection databases that, to the extent feasible, are
  similar in their design and architecture to promote the sharing of
  data.
         (c)  The commission [department] may provide inspection data
  on licensed day-care centers, licensed group day-care homes, or
  registered family homes to the public if the commission 
  [department] determines that providing inspection data enhances
  consumer choice with respect to those facilities.
         (d)  The inspection data the commission provides to the
  public under Subsection (c) regarding a licensed day-care center,
  licensed group day-care home, or registered family home must
  include:
               (1)  information on any violation by the center or home
  that is related to the sexual abuse of a child attending the center
  or home and details of the violation;
               (2)  information on any incident at the center or home
  that the commission determines violates the minimum standards for
  the center or home or results in abuse or neglect of a child
  attending the center or home; and
               (3)  a sufficient amount of detail in the information
  provided under Subdivision (1) or (2) for the public to understand
  the circumstances surrounding a violation, including any action
  taken by the center or home to remedy the violation.
         (e)  The commission may collaborate with parents and other
  interested parties in determining the type of information provided
  to the public under this section.  The commission shall protect a
  child's identity in all information provided to the public under
  this section.
         (f)  The commission shall retain in the inspection data the
  information required under Subsection (d) until at least the fifth
  anniversary of the date the information is added to the data.
         SECTION 3.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.0552 to read as follows:
         Sec. 42.0552.  REQUIRED NOTICE OF CERTAIN VIOLATIONS RELATED
  TO SEXUAL ABUSE. (a)  If the commission determines that a
  child-care facility or family home has violated a statute or rule
  and the violation results in the sexual abuse of a child attending
  the facility or home, the commission shall provide written notice
  of the violation to the facility or home.
         (b)  On receipt of the notice described by Subsection (a), a
  child-care facility or family home shall provide written notice of
  the violation described by the commission's notice to each parent
  or legal guardian of a child attending the facility or home.
         SECTION 4.  Section 302.0042, Labor Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  The commission's evaluation must assess:
               (1)  the use of current federal child care funds by each
  local workforce development board;
               (2)  the ability of each local workforce development
  board to meet child care performance measures;
               (3)  the estimated [average] cost incurred by child
  care providers [of child care] in each local workforce development
  area as stated in the report required under 45 C.F.R. Section
  98.45(f)(1);
               (4)  the average price charged by child care providers
  for child care in each local workforce development area as stated in
  the market rate survey conducted under 45 C.F.R. Section 98.45(c);
               (5)  the poverty rate of each local workforce
  development area compared to the state's poverty rate;
               (6) [(5)]  the number of children on waiting lists for
  child care in each local workforce development area; [and]
               (7) [(6)]  the number of places that are reserved for
  participants in the child care subsidy program out of the total
  number of children enrolled with a provider on a full-time basis
  categorized by age of the child for each provider [vacant slots
  available for child care placement] in each local workforce
  development area that is certified as a 2-star, 3-star, or 4-star
  provider in the Texas Rising Star Program or that does not
  participate in the Texas Rising Star Program;
               (8)  the total number of child care providers
  participating in the Texas Rising Star Program in each local
  workforce development area and the number of 2-star, 3-star, and
  4-star rated child care providers in the local workforce
  development area;
               (9)  the number of child care providers participating
  in the Texas Rising Star Program in each local workforce
  development area as a percentage of the total number of subsidized
  child care providers in the local workforce development area and
  the number of 2-star, 3-star, and 4-star rated child care providers
  in the local workforce development area as a percentage of the total
  number of subsidized child care providers in the local workforce
  development area;
               (10)  the total number of children enrolled in
  subsidized child care providers participating in the Texas Rising
  Star Program in each local workforce development area and the
  number of subsidized children enrolled in 2-star, 3-star, and
  4-star rated child care providers in the local workforce
  development area; and
               (11)  the number of subsidized children enrolled in
  child care providers participating in the Texas Rising Star Program
  in each local workforce development area as a percentage of the
  total number of subsidized children enrolled in child care
  providers in the local workforce development area and the number of
  subsidized children enrolled in 2-star, 3-star, and 4-star rated
  child care providers in the local workforce development area as a
  percentage of the total number of subsidized children enrolled in
  child care providers in the local workforce development area.
         (c)  For the purposes of evaluation under this section, the
  commission shall annually update the information described by
  Subsections (b)(6)-(11).
         SECTION 5.  Section 42.0552, Human Resources Code, as added
  by this Act, applies only to a violation occurring on or after the
  effective date of this Act.
         SECTION 6.  The Department of Family and Protective Services
  is required to implement a provision of this Act only if the
  legislature appropriates money specifically for that purpose. If
  the legislature does not appropriate money specifically for that
  purpose, the department may, but is not required to, implement a
  provision of this Act using other appropriations available for that
  purpose.
         SECTION 7.  This Act takes effect September 1, 2019.