89R2353 MLH-F

By: Toth H.B. No. 194

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of faith-based child-care facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. GENERAL PROVISIONS

SECTION 1.01. This Act shall be known as the Faith-Based Foster Care Enhancement Act.

SECTION 1.02. The legislature finds that:

(1) the number of foster youth in this state exceeds the current capacity of state and private child-care facilities;

(2) religious organizations have historically played significant roles in community support and child welfare;

(3) religious organizations can provide a nurturing, stable environment for foster youth while leveraging community resources;

(4) a collaborative approach involving religious organizations, mental health professionals, and community resources can effectively meet the diverse needs of foster youth; and

(5) incorporating religious organizations into child-care infrastructure will be beneficial to foster youth in this state.

ARTICLE 2. FAITH-BASED CHILD-CARE FACILITIES

SECTION 2.01. Chapter 42, Human Resources Code, is amended by adding Subchapter I to read as follows:

SUBCHAPTER I. FAITH-BASED CHILD-CARE FACILITIES

Sec. 42.301. DEFINITION. In this subchapter, "faith-based child-care facility" means a child-care facility owned and operated by a religious organization that provides care for children in the conservatorship of the department for 24 hours a day.

Sec. 42.302. ESTABLISHING FAITH-BASED CHILD-CARE FACILITY. (a) A religious organization may establish and operate a faith-based child-care facility as provided by this subchapter.

(b) Before establishing a faith-based child-care facility, a religious organization shall:

(1) develop a comprehensive plan to ensure the well-being of foster youth cared for by the facility;

(2) develop a training program for facility employees and volunteers who will provide care to foster youth at the facility; and

(3) enter into a contract with a licensed mental health services provider to provide mental and behavioral health services to foster youth in the care of the facility.

(c) A faith-based child-care facility established under this subchapter must be overseen by a committee appointed by the religious organization establishing the facility that includes:

(1) a leader of the religious organization;

(2) two active, participating members of the religious organization;

(3) a licensed mental health professional;

(4) a person with experience in child welfare systems;

(5) a person from an organization that specializes in child welfare; and

(6) an elected official serving in a municipal, county, state, or federal office representing the community in which the faith-based child-care facility is located.

(d) A member of the committee appointed to fill a roll on the committee described by Subsections (c)(1)-(6) may fill one additional role described by Subsections (c)(3)-(6).

Sec. 42.303. FAITH-FAMILY PROGRAMS. (a) A religious organization that establishes a faith-based child-care facility under this subchapter shall establish a faith-family program to:

(1) provide mentorship and support to foster youth at the facility by building relationships and facilitating mentorships with members of the religious organization who serve as a faith-family for the foster youth; and

(2) encourage individuals serving as faith-family to become foster or adoptive parents for foster youth at the facility.

(b) A member of a religious organization participating in a faith-family program may:

(1) host a foster youth in the member's home for increasing periods of time in accordance with the religious organization's plan under Section 42.302(b)(1); and

(2) travel with a foster youth in accordance with applicable laws for a foster parent traveling with a foster youth.

(c) The religious organization shall provide any training required by this chapter or other law for an individual serving as faith-family to become a foster or adoptive parent of a foster youth at the facility.

Sec. 42.304. MENTAL HEALTH SERVICES. A religious organization that establishes a faith-based child-care facility shall ensure that mental health services provided to foster youth meet applicable standards of professional care.

Sec. 42.305. FOSTER PLACEMENTS. (a) The department shall ensure the integration of faith-based child-care facilities into the state's foster care system.

(b) The department and child-placing agencies may place a child in the care of a faith-based child-care facility established under this subchapter.

Sec. 42.306. APPLICABILITY OF OTHER LAW; OVERSIGHT. (a) Notwithstanding other law, a faith-based child-care facility is exempt from:

(1) the licensing requirements of this chapter; and

(2) the rules and standards that apply to licensed child-care facilities.

(b) The department by rule shall adopt minimum standards for faith-based child-care facilities that ensure each child's health, safety, and welfare are adequately protected on the grounds of the facility, including standards relating to fire safety and basic cleanliness. In adopting the standards under this section, the department shall consider the unique operational frameworks of religious organizations operating a faith-based child-care facility.

(c) The department shall periodically evaluate each faith-based child-care facility to ensure the facility meets the standards adopted under this section.

Sec. 42.307. GRANTS FOR FAITH-BASED CHILD-CARE FACILITY. (a) Using available funds or private donations, the department shall establish and administer a grant program to award grants to religious organizations to establish a faith-based child-care facility.

(b) The commissioner shall adopt rules to implement the grant program, including rules governing the submission and approval of grant requests and the cancellation of grants.

(c) The department may solicit and accept gifts, grants, and donations for purposes of this section.

ARTICLE 3. CONFORMING CHANGES

SECTION 3.01. Sections 42.041(b) and (d), Human Resources Code, are amended to read as follows:

(b) This section does not apply to:

(1) a state-operated facility;

(2) an agency foster home;

(3) a facility that is operated in connection with a shopping center, business, religious organization, or establishment where children are cared for during short periods while parents or persons responsible for the children are attending religious services, shopping, or engaging in other activities, including retreats or classes for religious instruction, on or near the premises, that does not advertise as a child-care facility or day-care center, and that informs parents that it is not licensed by the state;

(4) a school or class for religious instruction that does not last longer than two weeks and is conducted by a religious organization during the summer months;

(5) a youth camp licensed by the Department of State Health Services;

(6) a facility licensed, operated, certified, or registered by another state agency;

(7) an educational facility that is accredited by the Texas Education Agency, the Southern Association of Colleges and Schools, or an accreditation body that is a member of the Texas Private School Accreditation Commission and that operates primarily for educational purposes for prekindergarten and above, a before-school or after-school program operated directly by an accredited educational facility, or a before-school or after-school program operated by another entity under contract with the educational facility, if the Texas Education Agency, the Southern Association of Colleges and Schools, or the other accreditation body, as applicable, has approved the curriculum content of the before-school or after-school program operated under the contract;

(8) an educational facility that operates solely for educational purposes for prekindergarten through at least grade two, that does not provide custodial care for more than one hour during the hours before or after the customary school day, and that is a member of an organization that promulgates, publishes, and requires compliance with health, safety, fire, and sanitation standards equal to standards required by state, municipal, and county codes;

(9) a kindergarten or preschool educational program that is operated as part of a public school or a private school accredited by the Texas Education Agency, that offers educational programs through grade six, and that does not provide custodial care during the hours before or after the customary school day;

(10) a family home, whether registered or listed;

(11) an educational facility that is integral to and inseparable from its sponsoring religious organization or an educational facility both of which do not provide custodial care for more than two hours maximum per day, and that offers an educational program in one or more of the following: prekindergarten through at least grade three, elementary grades, or secondary grades;

(12) an emergency shelter facility, other than a facility that would otherwise require a license as a child-care facility under this section, that provides shelter or care to a minor and the minor's child or children, if any, under Section 32.201, Family Code, if the facility:

(A) is currently under a contract with a state or federal agency; or

(B) meets the requirements listed under Section 51.005(b)(3);

(13) a juvenile detention facility certified under Section 51.12, Family Code, a juvenile correctional facility certified under Section 51.125, Family Code, a juvenile facility providing services solely for the Texas Juvenile Justice Department, or any other correctional facility for children operated or regulated by another state agency or by a political subdivision of the state;

(14) an elementary-age (ages 5-13) recreation program operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinances shall include, at a minimum, staffing ratios, minimum staff qualifications, minimum facility, health, and safety standards, and mechanisms for monitoring and enforcing the adopted local standards; and further provided that parents be informed that the program is not licensed by the state and the program may not be advertised as a child-care facility;

(15) an annual youth camp held in a municipality with a population of more than 1.5 million that operates for not more than three months and that has been operated for at least 10 years by a nonprofit organization that provides care for the homeless;

(16) a food distribution program that:

(A) serves an evening meal to children two years of age or older; and

(B) is operated by a nonprofit food bank in a nonprofit, religious, or educational facility for not more than two hours a day on regular business days;

(17) a child-care facility that operates for less than three consecutive weeks and less than 40 days in a period of 12 months;

(18) a program:

(A) in which a child receives direct instruction in a single skill, talent, ability, expertise, or proficiency;

(B) that does not provide services or offerings that are not directly related to the single talent, ability, expertise, or proficiency;

(C) that does not advertise or otherwise represent that the program is a child-care facility, day-care center, or licensed before-school or after-school program or that the program offers child-care services;

(D) that informs the parent or guardian:

(i) that the program is not licensed by the state; and

(ii) about the physical risks a child may face while participating in the program; and

(E) that conducts background checks for all program employees and volunteers who work with children in the program using information that is obtained from the Department of Public Safety;

(19) an elementary-age (ages 5-13) recreation program that:

(A) adopts standards of care, including standards relating to staff ratios, staff training, health, and safety;

(B) provides a mechanism for monitoring and enforcing the standards and receiving complaints from parents of enrolled children;

(C) does not advertise as or otherwise represent the program as a child-care facility, day-care center, or licensed before-school or after-school program or that the program offers child-care services;

(D) informs parents that the program is not licensed by the state;

(E) is organized as a nonprofit organization or is located on the premises of a participant's residence;

(F) does not accept any remuneration other than a nominal annual membership fee;

(G) does not solicit donations as compensation or payment for any good or service provided as part of the program; and

(H) conducts background checks for all program employees and volunteers who work with children in the program using information that is obtained from the Department of Public Safety;

(20) a living arrangement in a caretaker's home involving one or more children or a sibling group, excluding children who are related to the caretaker, in which the caretaker:

(A) had a prior relationship with the child or sibling group or other family members of the child or sibling group;

(B) does not care for more than one unrelated child or sibling group;

(C) does not receive compensation or solicit donations for the care of the child or sibling group; and

(D) has a written agreement with the parent to care for the child or sibling group;

(21) a living arrangement in a caretaker's home involving one or more children or a sibling group, excluding children who are related to the caretaker, in which:

(A) the department is the managing conservator of the child or sibling group;

(B) the department placed the child or sibling group in the caretaker's home; and

(C) the caretaker had a long-standing and significant relationship with the child or sibling group, or the family of the child or sibling group, before the child or sibling group was placed with the caretaker;

(22) a living arrangement in a caretaker's home involving one or more children or a sibling group, excluding children who are related to the caretaker, in which the child is in the United States on a time-limited visa under the sponsorship of the caretaker or of a sponsoring organization;

(23) a facility operated by a nonprofit organization that:

(A) does not otherwise operate as a child-care facility that is required to be licensed under this section;

(B) provides emergency shelter and care for not more than 15 days to children 13 years of age or older but younger than 18 years of age who are victims of human trafficking alleged under Section 20A.02, Penal Code;

(C) is located in a municipality with a population of at least 600,000 that is in a county on an international border; and

(D) meets one of the following criteria:

(i) is licensed by, or operates under an agreement with, a state or federal agency to provide shelter and care to children; or

(ii) meets the eligibility requirements for a contract under Section 51.005(b)(3);

(24) a facility that provides respite care exclusively for a local mental health authority under a contract with the local mental health authority; [or]

(25) a living arrangement in a caretaker's home involving one or more children or a sibling group in which the caretaker:

(A) has a written authorization agreement under Chapter 34, Family Code, with the parent of each child or sibling group to care for each child or sibling group;

(B) does not care for more than six children, excluding children who are related to the caretaker; and

(C) does not receive compensation for caring for any child or sibling group; or

(26) a faith-based child-care facility established under Subchapter I.

(d) A facility exempt from the provisions of Subsection (a), other than a faith-based child-care facility established under Subchapter I, that desires to receive or participate in federal or state funding shall be required to comply with all other provisions of this chapter and with all regulations promulgated under this chapter.

ARTICLE 4. EFFECTIVE DATE

SECTION 4.01. This Act takes effect September 1, 2025.