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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of child-care facilities and registered |
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family homes, including the provision of services to children with |
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disabilities or special needs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.042, Human Resources Code, is amended |
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by amending Subsection (e) and adding Subsections (e-6) and (e-7) |
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to read as follows: |
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(e) The executive commissioner shall promulgate minimum |
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standards that apply to licensed child-care facilities and to |
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registered family homes covered by this chapter and that will: |
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(1) promote the health, safety, and welfare of |
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children attending a facility or registered family home; |
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(2) promote safe, comfortable, and healthy physical |
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facilities and registered family homes for children; |
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(3) ensure adequate supervision of children by |
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capable, qualified, and healthy personnel; |
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(4) ensure adequate and healthy food service where |
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food service is offered; |
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(5) except as provided by Subsection (e-6), prohibit |
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[racial] discrimination based on race or disability status by |
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child-care facilities and registered family homes; |
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(6) require procedures for parental and guardian |
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consultation in the formulation of children's educational and |
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therapeutic programs; |
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(7) prevent the breakdown of foster care and adoptive |
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placement; |
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(8) ensure that a child-care facility or registered |
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family home: |
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(A) follows the directions of a child's physician |
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or other health care provider in providing specialized medical |
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assistance required by the child; and |
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(B) maintains for a reasonable time a copy of any |
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directions from the physician or provider that the parent provides |
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to the facility or home; and |
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(9) ensure that a child's health, safety, and welfare |
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are adequately protected on the grounds of a child-care facility or |
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registered family home. |
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(e-6) A day-care center, group day-care home, or registered |
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family home may deny services to a child with a disability only if, |
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after meeting with the child and family, the facility or home |
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determines under the Americans with Disabilities Act of 1990 (42 |
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U.S.C. Section 12101 et seq.) that accommodating the child would: |
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(1) pose an undue burden on the facility or home as |
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defined by 28 C.F.R. Section 36.104; |
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(2) pose a direct threat to the health or safety of |
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other people at the facility or home as provided by 28 C.F.R. |
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Section 36.208; |
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(3) require modifications in policies, practices, or |
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procedures that would fundamentally alter the nature of the |
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facility or home as provided by 28 C.F.R. Section 36.302; or |
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(4) pose a difficulty on or expense to the facility or |
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home to remove architectural barriers to accommodate the child as |
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provided by 28 C.F.R. Section 36.304. |
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(e-7) The minimum standards for a day-care center, group |
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day-care home, or registered family home adopted under this section |
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must require the day-care center, group day-care home, or |
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registered family home to: |
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(1) promote inclusive practices and integrate |
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children with special needs into the general activities of the |
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center or home; and |
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(2) allow certified childhood intervention service |
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providers to have access to children who are clients attending the |
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day-care center, group day-care home, or registered family home to |
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provide services in accordance with an individualized family |
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service plan while the child is integrated in an educational or |
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instructional area of the center or home. |
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SECTION 2. Section 42.045(a), Human Resources Code, is |
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amended to read as follows: |
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(a) A person who operates a licensed or certified facility |
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shall maintain individual child development records, individual |
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health records, records provided by parents for children with |
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special needs, statistical records, and complete financial |
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records. |
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SECTION 3. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.069 to read as follows: |
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Sec. 42.069. REQUIRED INFORMATION FOR PARENTS. A day-care |
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center, group day-care home, or registered family home shall |
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provide written disclosure to a parent or guardian of each child |
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attending the facility that includes: |
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(1) a copy of the commission's Early Childhood |
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Intervention Developmental Checklist and any information available |
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through the commission on accessing early childhood intervention in |
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the area served by the day-care center, group day-care home, or |
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registered family home under Part C, Individuals with Disabilities |
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Education Act (20 U.S.C. Section 1431 et seq.); and |
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(2) the facility's policies on providing care to |
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children with disabilities. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt the rules necessary to implement |
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the changes in law made by this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |