reglab/housing_qa huggingface dataset:
TX Hum Res Code § 42.043 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.043. Rules for Immunizations

Sec. 42.043.  RULES FOR IMMUNIZATIONS.  (a)  The executive commissioner shall adopt rules for the immunization of children in facilities regulated under this chapter.(b)  The department shall require that each child at an appropriate age have a test for tuberculosis and be immunized against diphtheria, tetanus, poliomyelitis, mumps, rubella, rubeola, invasive pneumococcal disease, and hepatitis A and against any other communicable disease as recommended by the Department of State Health Services.  The immunization must be effective on the date of first entry into the facility.  However, a child may be provisionally admitted if the required immunizations have begun and are completed as rapidly as medically feasible.(c)  The executive commissioner shall adopt rules for the provisional admission of children to facilities regulated under this chapter and may modify or delete any of the immunizations listed in Subsection (b) or require additional immunizations as a requirement for admission to a facility.(d)  No immunization may be required for admission to a facility regulated under this chapter if a person applying for a child's admission submits one of the following affidavits:(1)  an affidavit signed by a licensed physician stating that the immunization poses a significant risk to the health and well-being of the child or a member of the child's family or household;  or(2)  an affidavit signed by the child's parent or guardian stating that the applicant declines immunization for reasons of conscience, including a religious belief.(d-1)  An affidavit submitted under Section (d)(2) must be on a form described by Section 161.0041, Health and Safety Code, and must be submitted not later than the 90th day after the date the affidavit is notarized.(e)  Each regulated facility shall keep an individual immunization record for each child admitted, and the records shall be open for inspection by the department at all reasonable times.(f)  The Department of State Health Services shall provide the immunizations required by this section to children in areas where there is no local provision of these services.|Acts 1979, 66th Leg., p. 2362, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1993, 73rd Leg., ch. 43, Sec. 5, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 198, Sec. 2.164, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 563 (H.B. 1316), Sec. 1, eff. September 1, 2005.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.218, eff. April 2, 2015.|
TX Hum Res Code § 42.0431 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.0431. Enforcement of Screening Requirements Relating to Vision, Hearing, and Other Special Senses and Communication Disorders

Sec. 42.0431.  ENFORCEMENT OF SCREENING REQUIREMENTS RELATING TO VISION, HEARING, AND OTHER SPECIAL SENSES AND COMMUNICATION DISORDERS.  (a)  The executive commissioner, after consultation with the Department of State Health Services, shall adopt rules necessary to ensure that children receiving care at a day-care center or group day-care home licensed under this chapter are screened for vision, hearing, and any other special senses or communication disorders in compliance with rules adopted under Section 36.004, Health and Safety Code.(b)  Each day-care center or group day-care home licensed under this chapter shall maintain individual screening records for children attending the facility who are required to be screened, and the department may inspect those records at any reasonable time.  The department shall coordinate the monitoring inspections in compliance with protocol agreements adopted between the department and the Department of State Health Services pursuant to Section 42.0442.|Added by Acts 1999, 76th Leg., ch. 712, Sec. 1, eff. June 18, 1999.Amended by: Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 19(2), eff. September 1, 2009.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.219, eff. April 2, 2015.|
TX Hum Res Code § 42.0432 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.0432. Health Screening Requirements for Child Placed With Child-Placing Agency

Sec. 42.0432.  HEALTH SCREENING REQUIREMENTS FOR CHILD PLACED WITH CHILD-PLACING AGENCY.  (a)  A child-placing agency or general residential operation that contracts with the department to provide services must ensure that the children that are in the managing conservatorship of the department and are placed with the child-placing agency or general residential operation receive a complete early and periodic screening, diagnosis, and treatment checkup in accordance with the requirements specified in the contract between the child-placing agency or general residential operation and the department.(b)  The commission shall include a provision in a contract with a child-placing agency or general residential operation specifying progressive monetary penalties for the child-placing agency's or general residential operation's failure to comply with Subsection (a).|Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 30(a), eff. September 1, 2017.|
TX Hum Res Code § 42.0433 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.0433. Suicide Prevention, Intervention, and Postvention Plan

Sec. 42.0433.  SUICIDE PREVENTION, INTERVENTION, AND POSTVENTION PLAN.  (a)  In this section, "postvention" has the meaning assigned by Section 38.351, Education Code.(b)  The executive commissioner by rule shall adopt a model suicide prevention, intervention, and postvention policy for use by a residential child-care facility.  The model policy must:(1)  be based on current and best evidence-based practices;(2)  require all employees of the facility to receive annual suicide prevention training that includes understanding of safety planning and screening for risk;(3)  promote suicide prevention training for non-employee entities, as appropriate; and(4)  include procedures to support children who return to the facility following hospitalization for a mental health condition.(c)  Each residential child-care facility shall adopt a suicide prevention, intervention, and postvention policy.  A residential child-care facility may adopt:(1)  the model policy adopted by the executive commissioner under Subsection (b); or(2)  another suicide prevention, intervention, and postvention policy approved by the executive commissioner.(d)  The suicide prevention, intervention, and postvention policy adopted under Subsection (c) may be part of a broader mental health crisis plan if the components of the plan include suicide prevention, intervention, and postvention.(e)  The commission shall provide to a residential child-care facility any technical assistance necessary to adopt or implement a suicide prevention, intervention, and postvention policy.|Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 20, eff. June 14, 2021.|
TX Hum Res Code § 42.0441 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.0441. Inspection Results for Certain Nonresidential Child-Care Facilities

Sec. 42.0441.  INSPECTION RESULTS FOR CERTAIN NONRESIDENTIAL CHILD-CARE FACILITIES.  Immediately after completing a monitoring inspection  of a licensed day-care center, licensed group day-care home, or registered family home under Section 42.044, the authorized representative of the department shall review the results of the monitoring inspection with a representative of the facility and give the facility an opportunity to respond to the inspection results.|Added by Acts 1997, 75th Leg., ch. 253, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1022, Sec. 28, eff. Sept. 1, 1997.Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.97, eff. September 1, 2005.|
TX Hum Res Code § 42.04411 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.04411. Inspection Results and Exit Conference for Residential Child-Care Facilities

Sec. 42.04411.  INSPECTION RESULTS AND EXIT CONFERENCE FOR RESIDENTIAL CHILD-CARE FACILITIES.  (a)  On completion of an inspection of a residential child-care facility under Section 42.044, the inspector shall hold an exit conference with a representative of the inspected facility.  The inspector shall provide to the representative a copy of the inspection checklist used by the inspector.(b)  The inspector shall provide the representative an opportunity to communicate regarding potential violations.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.98, eff. September 1, 2005.|
TX Hum Res Code § 42.04412 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.04412. Interference With Inspection; Court Order

Sec. 42.04412.  INTERFERENCE WITH INSPECTION; COURT ORDER.  (a)  A person may not interfere with an investigation or inspection of a facility or family home conducted by the department under this chapter.(b)  During an investigation or inspection of a facility or family home under this chapter, the facility or family home shall cooperate with the department and allow the department to:(1)  access the records of the facility or family home;(2)  access any part of the premises of the facility or family home; and(3)  interview any child, employee, or other person who is present at the facility or family home and who may have information relevant to the investigation or inspection.(c)  If access to the records or premises of the facility or family home cannot be obtained, a district court in Travis County or in the county in which the facility or family home is located, for good cause shown and without prior notice or a hearing, shall issue an order granting the department access to the records or premises in order to conduct the inspection, investigation, or interview.(d)  To assist the department in investigating whether a person is operating a facility or family home without a required license, certification, registration, or listing, a district court in Travis County or in the county in which the suspected facility or family home is located may, for good cause shown and without prior notice or a hearing, issue an order allowing the department to enter the suspected facility or family home at a time when the department's evidence shows that the suspected facility or family home may be providing child care subject to regulation under this chapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 9, eff. September 1, 2009.|
TX Hum Res Code § 42.0442 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.0442. Coordination of Inspections; Elimination of Duplicative Inspections

Sec. 42.0442.  COORDINATION OF INSPECTIONS;  ELIMINATION OF DUPLICATIVE INSPECTIONS.  (a)  The department shall coordinate monitoring inspections of licensed day-care centers, licensed group day-care homes, and registered family homes performed by another state agency to eliminate redundant inspections.(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 946 , Sec. 1.04(c), eff. September 1, 2015.(c)   Each state agency that inspects a facility listed in Subsection (a) shall use an inspection checklist established by the department in performing an inspection.  A state agency shall make a copy of the completed inspection checklist available to the facility at the facility's request to assist the facility in maintaining records.(d)  The department shall provide to facilities listed in Subsection (a) information regarding inspections, including who may inspect a facility and the purpose of each type of inspection.|Added by Acts 1997, 75th Leg., ch. 253, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1022, Sec. 28, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 169, Sec. 2, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.220, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 1.04(b), eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 1.04(c), eff. September 1, 2015.|
TX Hum Res Code § 42.04425 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.04425. Inspection Information Database

Sec. 42.04425.  INSPECTION INFORMATION DATABASE.  (a)  If feasible using available information systems, the commission shall establish a computerized database containing relevant inspection information on all licensed facilities and registered family homes obtained from other state agencies and political subdivisions of the state.(b)  The commission shall make the data collected by the commission 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 shall make the data directly available to the Texas Workforce Commission through electronic information systems.  The commission 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 shall provide at a minimum five years of inspection data for all facilities licensed or family homes registered under this chapter to enhance consumer choice with respect to those facilities and homes.(d)  The commission shall provide with the inspection data described by Subsection (c) a minimum of five years of investigative data for listed family homes regulated under this chapter to enhance consumer choice with respect to those homes.|Added by Acts 1997, 75th Leg., ch. 253, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1022, Sec. 28, eff. Sept. 1, 1997.Redesignated from Human Resources Code, Section 42.0443 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(32), eff. September 1, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.221, eff. April 2, 2015.Acts 2019, 86th Leg., R.S., Ch. 588 (S.B. 568), Sec. 3, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 589 (S.B. 569), Sec. 3, eff. September 1, 2019.|
TX Hum Res Code § 42.0443 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.0443. Coordination of Fire Safety and Sanitation Inspections

Sec. 42.0443.  COORDINATION OF FIRE SAFETY AND SANITATION INSPECTIONS.  (a)  The department may not inspect a licensed day-care center, licensed group day-care home, or registered family home for compliance with the department's fire safety or sanitation standards if the facility, at the time of the department's inspection, provides the department with documentation relating to a current fire safety or sanitation inspection, as applicable, performed by a political subdivision of this state that indicates that the facility is in compliance with the applicable standards of the political subdivision.(b)  If the documentation provided under Subsection (a) indicates that the facility was required to take corrective action or that the political subdivision imposed a restriction or condition on the facility, the department shall determine whether the facility took the required corrective action or complied with the restriction or condition.(c)  The department may inspect a facility subject to this section for compliance with the department's fire safety or sanitation standards if:(1)  the facility does not provide the documentation described by Subsection (a);  or(2)  the department determines that the facility did not take a corrective action or comply with a restriction or condition described by Subsection (b).(d)  Notwithstanding any other provision of this section, the department shall report to the appropriate political subdivision any violation of fire safety or sanitation standards observed by the department at a facility subject to this section.(e)  The executive commissioner shall adopt rules necessary to implement this section.|Added by Acts 2003, 78th Leg., ch. 709, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.222, eff. April 2, 2015.|
TX Hum Res Code § 42.04431 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.04431. Enforcement of State Law by County or Municipality

Sec. 42.04431.  ENFORCEMENT OF STATE LAW BY COUNTY OR MUNICIPALITY.  (a)  A municipality or a county may enforce state law and rules adopted under state law concerning fire safety standards at a licensed group day-care home or a registered family home.(b)  A municipality or county shall report to the department any violation of fire safety standards observed by the municipality or county at a licensed group day-care home or registered family home.|Added by Acts 2011, 82nd Leg., R.S., Ch. 354 (H.B. 3547), Sec. 1, eff. September 1, 2011.|
TX Hum Res Code § 42.0445 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.0445. Required Background Search of Central Registry of Reported Cases of Child Abuse or Neglect

Sec. 42.0445.  REQUIRED BACKGROUND SEARCH OF CENTRAL REGISTRY OF REPORTED CASES OF CHILD ABUSE OR NEGLECT.  (a)  Before the department issues a license, listing, registration, or certification under this subchapter, the department shall search the central registry of reported cases of child abuse or neglect established under Section 261.002, Family Code, to determine whether the applicant or the owner or an employee of the facility or family home is listed in the registry as a person who abused or neglected a child.(b)  The executive commissioner may adopt rules to implement this section.|Added by Acts 1997, 75th Leg., ch. 1022, Sec. 29, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 33, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.223, eff. April 2, 2015.|
TX Hum Res Code § 42.0446 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.0446. Removal of Certain Investigation Information From Internet Website

Sec. 42.0446.  REMOVAL OF CERTAIN INVESTIGATION INFORMATION FROM INTERNET WEBSITE.  The executive commissioner shall adopt rules providing a procedure by which the commission removes from the commission's Internet website information on a child-care facility or registered or listed family home that relates to an anonymous complaint alleging the facility or family home failed to comply with the commission's minimum standards if, at the conclusion of an investigation, the commission determines the complaint is false or lacks factual foundation.|Added by Acts 2005, 79th Leg., Ch. 526 (H.B. 877), Sec. 2, eff. September 1, 2005.Amended by: Acts 2019, 86th Leg., R.S., Ch. 589 (S.B. 569), Sec. 4, eff. September 1, 2019.|
TX Hum Res Code § 42.0447 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.0447. False Report; Criminal Penalty

Sec. 42.0447.  FALSE REPORT;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly or intentionally files a complaint alleging that a child-care facility or registered or listed family home failed to comply with the commission's minimum standards and the person knows the allegation is false or lacks factual foundation.(b)  An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that the person has previously been convicted under this section, in which case the offense is a state jail felony.|Added by Acts 2005, 79th Leg., Ch. 526 (H.B. 877), Sec. 2, eff. September 1, 2005.Amended by: Acts 2019, 86th Leg., R.S., Ch. 589 (S.B. 569), Sec. 5, eff. September 1, 2019.|