By: Paxton, et al. S.B. No. 1098
 
  (Hull)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the rights of a parent or guardian with a child in
  certain child-care facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Kairo and the Kids'
  Law.
         SECTION 2.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.04271 to read as follows:
         Sec. 42.04271.  RIGHTS OF PARENT OR GUARDIAN WITH CHILD IN
  CERTAIN CHILD-CARE FACILITIES. (a)  This section applies only to a
  day-care center, group day-care home, before-school program,
  after-school program, school-age program, or registered family
  home.
         (b) A parent or guardian of a child at a child-care facility
  has the right to:
               (1)  enter and examine the child-care facility during
  the facility's hours of operation without advance notice;
               (2)  file a complaint against the child-care facility;
               (3)  review the child-care facility's publicly
  accessible records;
               (4)  review the child-care facility's written records
  concerning the parent's or guardian's child;
               (5)  receive from the child-care facility the
  commission's inspection reports for the child-care facility and
  information about how to access the child-care facility's
  compliance history online;
               (6)  have the child-care facility comply with a court
  order preventing another parent or guardian from visiting or
  removing the parent's or guardian's child;
               (7)  be provided the contact information for the
  division responsible for regulating the child-care facility,
  including the division's name, address, and phone number;
               (8)  inspect any video recordings of an alleged
  incident of abuse or neglect involving the parent's or guardian's
  child, provided that:
                     (A)  video recordings of the alleged incident are
  available;
                     (B)  the parent or guardian of the child is not
  allowed to retain any part of the video recording depicting a child
  who is not the parent's or guardian's child; and
                     (C)  the parent or guardian of any other child
  captured in the video recording receives notice from the facility
  under Subsection (c);
               (9)  obtain a copy of the child-care facility's
  policies and procedures;
               (10)  review, on the request of the parent or guardian,
  the facility's:
                     (A)  staff training records; and
                     (B)  any in-house staff training curriculum used
  by the facility; and
               (11)  be free from any retaliatory action by the
  child-care facility for exercising any of the parent's or
  guardian's rights.
         (c)  Before allowing a parent or guardian to inspect a video
  recording under Subsection (b)(8), a child-care facility must
  provide notice to the parent or guardian of any other child captured
  in the video recording.
         (d)  This section does not affect the ability of a law
  enforcement agency or the department to access a video recording as
  part of an investigation of an incident depicted in the video
  recording.
         (e)  A child-care facility shall provide the parent or
  guardian of the child with a written copy of the rights listed in
  Subsection (b) not later than the child's first day at the facility.
         SECTION 3.  Not later than September 30, 2023, a child-care
  facility shall provide the information required by Section
  42.04271, Human Resources Code, as added by this Act, to the parent
  or guardian of each child enrolled at the facility on the effective
  date of this Act.
         SECTION 4.  This Act takes effect September 1, 2023.