reglab/housing_qa huggingface dataset:
TX Hum Res Code § 42.0522 (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 42.0522. Public Advertising of Family Homes

Sec. 42.0522.  PUBLIC ADVERTISING OF FAMILY HOMES.  (a)  A family home may not place a public advertisement that uses the title "registered family home" or any variation of that phrase unless the home is registered under this chapter.  Any public advertisement for a registered family home that uses the title "registered family home" must contain a provision in bold type stating:  "THIS HOME IS REGISTERED WITH THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES BUT IS NOT LICENSED OR REGULARLY INSPECTED."(b)  A family home may not place a public advertisement that uses the title "listed family home" or any variation of that phrase unless the home is listed as provided by this chapter.  Any public advertisement for a listed family home that uses the title "listed family home" must contain a provision in bold type stating:  "THIS HOME IS A LISTED FAMILY HOME.  IT IS NOT LICENSED OR REGISTERED WITH THE HEALTH AND HUMAN SERVICES COMMISSION.  A LISTED FAMILY HOME HAS LIMITED MINIMUM STANDARDS AND IS NOT INSPECTED UNLESS A COMPLAINT IS FILED WITH THE COMMISSION."|Added by Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1217, Sec. 9, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.228, eff. April 2, 2015.Acts 2019, 86th Leg., R.S., Ch. 589 (S.B. 569), Sec. 9, eff. September 1, 2019.|
TX Hum Res Code § 42.0523 (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 42.0523. Listing of Relative Child-Care Providers

Sec. 42.0523.  LISTING OF RELATIVE CHILD-CARE PROVIDERS.  (a)  A child-care provider who only provides child care under Chapter 313, Labor Code, to children related to the provider may list the provider's home as a family home.(b)  Before the department may list a child-care provider's home under this section, in addition to conducting the background or criminal history check required under Section 42.056, the department must search the central database of sex offender registration records maintained by the Department of Public Safety under Chapter 62, Code of Criminal Procedure, to determine whether the provider is listed in the registry as a sex offender.(c)  The address of a family home listed under this section is the address of the child-care provider's home, regardless of whether the child care is provided in the provider's home or in the child's home.(d)  A relative child-care provider's home listed as a family home under this section is exempt from the health and safety requirements of 45 C.F.R. Section 98.41(a).(e)  The following requirements do not apply to a family home listed under this section:(1)  the minimum standards adopted under Section 42.042; and(2)  the liability insurance requirement under Section 42.0495.|Added by Acts 2011, 82nd Leg., R.S., Ch. 869 (S.B. 76), Sec. 3, eff. September 1, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 857 (S.B. 1496), Sec. 1, eff. September 1, 2016.Acts 2019, 86th Leg., R.S., Ch. 589 (S.B. 569), Sec. 10, eff. September 1, 2019.|
TX Hum Res Code § 42.053 (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 42.053. Agency Foster Homes

Sec. 42.053.  AGENCY FOSTER HOMES.  (a)  An agency foster home is considered part of the child-placing agency that operates the agency foster home for purposes of licensing.(b)  The operator of a licensed agency shall display a copy of the license in a prominent place in the agency foster home used by the agency.(c)  An agency foster home shall comply with all provisions of this chapter and all department rules and standards that apply to a child-care facility caring for a similar number of children for a similar number of hours each day.(d)  The department shall revoke or suspend the license of a child-placing agency if an agency foster home operated by the licensed agency fails to comply with Subsection (c).(e)  Before verifying an agency foster home, a child-placing agency may issue a provisional verification to the home.  The executive commissioner by rule may establish the criteria for a child-placing agency to issue a provisional verification to a prospective agency foster home.(f)  If a child-placing agency under contract with the division to provide services as an integrated care coordinator places children with caregivers described by Subchapter I, Chapter 264, Family Code, those caregivers are not considered a part of the child-placing agency for purposes of licensing.|Acts 1979, 66th Leg., p. 2365, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1987, 70th Leg., ch. 1052, Sec. 4.07, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.229, eff. April 2, 2015.Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 61, eff. September 1, 2017.|
TX Hum Res Code § 42.0531 (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 42.0531. Secure Agency Foster Homes

Sec. 42.0531.  SECURE AGENCY FOSTER HOMES.  (a)  The commissioners court of a county or governing body of a municipality may contract with a child-placing agency to verify a secure agency foster home to provide a safe and therapeutic environment tailored to the needs of children who are victims of trafficking.(b)  A child-placing agency may not verify a secure agency foster home to provide services under this section unless the child-placing agency holds a license issued under this chapter that authorizes the agency to provide services to victims of trafficking in accordance with department standards adopted under this chapter for child-placing agencies.(c)  A secure agency foster home verified under this section must provide:(1)  mental health and other services specifically designed to assist children who are victims of trafficking under Section 20A.02 or 20A.03, Penal Code, including:(A)  victim and family counseling;(B)  behavioral health care;(C)  treatment and intervention for sexual assault;(D)  education tailored to the child's needs;(E)  life skills training;(F)  mentoring; and(G)  substance abuse screening and treatment as needed;(2)  individualized services based on the trauma endured by a child, as determined through comprehensive assessments of the service needs of the child;(3)  24-hour services; and(4)  appropriate security through facility design, hardware, technology, and staffing.|Added by Acts 2015, 84th Leg., R.S., Ch. 338 (H.B. 418), Sec. 5, eff. September 1, 2015.Amended by: Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 62, eff. September 1, 2017.|
TX Hum Res Code § 42.0535 (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 42.0535. Required Information for Verification

Sec. 42.0535.  REQUIRED INFORMATION FOR VERIFICATION.  (a)  A child-placing agency that seeks to verify an agency foster home shall request background information about the agency foster home from a child-placing agency that has previously verified the home as an agency foster home or agency foster group home.(b)  Notwithstanding Section 261.201, Family Code, a child-placing agency that has verified an agency foster home or an agency foster group home is required to release to another child-placing agency background information requested under Subsection (a).(c)  A child-placing agency that releases background information under this section is immune from civil and criminal liability for the release of the information.(d)  For purposes of this section, background information means the home study under which the agency foster home or agency foster group home was verified by the previous child-placing agency and any record of noncompliance with state minimum standards received and the resolution of any such noncompliance by the previous child-placing agency.(e)  The executive commissioner by rule shall develop a process by which a child-placing agency shall report to the department:(1)  the name of any agency foster home that has been closed for any reason, including a voluntary closure;(2)  information regarding the reasons for the closure of the agency foster home; and(3)  the name and other contact information of a person who may be contacted by another child-placing agency to obtain the records relating to the closed agency foster home that are required to be maintained and made available under this section.(f)  Information gathered under Subsection (e) must be made available to child-placing agencies through a searchable database maintained by the department.|Added by Acts 1997, 75th Leg., ch. 575, Sec. 36(a), eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 36, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.230, eff. April 2, 2015.Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 63, eff. September 1, 2017.|
TX Hum Res Code § 42.0536 (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 42.0536. Transfer of Agency Foster Home

Sec. 42.0536.  TRANSFER OF AGENCY FOSTER HOME.  (a)  An agency foster home that is verified by a child-placing agency may transfer to another child-placing agency only if, before the date of the transfer, the agency foster home notifies the child-placing agency to which the agency foster home is transferring of each licensing violation for which the agency foster home has been cited by the department during the preceding three years.(b)  The child-placing agency to which the agency foster home is transferring shall submit a written request for transfer to the child-placing agency that verified the agency foster home.(c)  Not later than the 10th day after the date the child-placing agency receives a request for transfer under Subsection (b), the child-placing agency shall provide the child-placing agency that submitted the request a copy of any of the following documents regarding the agency foster home:(1)  a corrective action plan;(2)  an annual development plan; or(3)  a description of any imposed or potential service limitation.(d)  The department caseworker for each child placed in the agency foster home may conduct a review meeting to determine whether the transfer of the agency foster home is in the best interest of each child in the home on the request of:(1)  the child-placing agency to which the agency foster home is transferring;(2)  the child-placing agency that verified the agency foster home;(3)  the agency foster home; or(4)  the caseworker.(e)  After a review meeting, the caseworker shall determine whether each child placed in the agency foster home shall:(1)  stay in the agency foster home after the agency foster home is transferred to the new child-placing agency; or(2)  be removed from the agency foster home before the agency foster home is transferred to the new child-placing agency.|Added by Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 37, eff. September 1, 2007.|
TX Hum Res Code § 42.0538 (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 42.0538. Provisional License for Kinship Provider

Sec. 42.0538.  PROVISIONAL LICENSE FOR KINSHIP PROVIDER.  (a)  The executive commissioner by rule shall allow a child-placing agency to issue a provisional license for a kinship provider, as defined by Section 264.851, Family Code, who meets the basic safety requirements provided by commission rule.  A kinship provider issued a provisional license under this section shall complete all licensing requirements within the time provided by rule.(b)  The executive commissioner shall ensure that the implementation of this section does not reduce the amount of federal money available to this state.|Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 21, eff. June 14, 2021.|
TX Hum Res Code § 42.055 (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 42.055. Sign Posting

Sec. 42.055.  SIGN POSTING.  (a)  Each child-care facility shall post in a location that is conspicuous to all employees and customers a sign that includes:(1)  a description of the provisions of the Family Code relating to the duty to report child abuse or neglect;(2)  a description of the penalties for violating the reporting provisions of the Family Code;  and(3)  a brief description of sudden infant death syndrome, shaken-baby syndrome, and childhood diabetes and methods for preventing those phenomena.(a-1)  A licensed day-care center, licensed group day-care home, or registered family home subject to Section 42.0423 shall include in the sign required under Subsection (a) a description of how to access a listing of unsafe children's products on the United States Consumer Product Safety Commission's Internet website or through the department's public Internet website.(b)  The executive commissioner by rule shall determine the design, size, and wording of the sign.(c)  The department shall provide the sign to each child-care facility without charge.(d)  A person who operates a child-care facility commits an offense if the department provides a sign to the facility as provided by this section and the person intentionally fails to display the sign in the facility as prescribed by this section.  An offense under this subsection is a Class C misdemeanor.|Added by Acts 1989, 71st Leg., 1st C.S., ch. 20, Sec. 1, eff. Nov. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.47, eff. Sept. 1, 1997.  Renumbered from Human Resources Code Sec. 42.056 and amended by Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 221, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 46 (S.B. 95), Sec. 3, eff. September 1, 2009.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.232, eff. April 2, 2015.|
TX Hum Res Code § 42.0551 (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 42.0551. Posting of Employee List

Sec. 42.0551.  POSTING OF EMPLOYEE LIST.  (a)  Each day-care center, group day-care home, and family home shall post a list of all current employees at the center or home in accordance with rules adopted by the executive commissioner.(b)  The executive commissioner shall adopt rules regarding the size, wording, and placement of the list required under this section.|Added by Acts 2005, 79th Leg., Ch. 308 (S.B. 565), Sec. 1, eff. September 1, 2005.|
TX Hum Res Code § 42.0561 (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 42.0561. Information Relating to Family Violence Reports

Sec. 42.0561.  INFORMATION RELATING TO FAMILY VIOLENCE REPORTS.  Before a child-placing agency may issue a verification certificate for an agency foster home, the child-placing agency must obtain information relating to each family violence report at the applicant's residence to which a law enforcement agency responded during the 12 months preceding the date of the application.  The applicant shall provide the information on a form prescribed by the department.|Added by Acts 2007, 80th Leg., R.S., Ch. 524 (S.B. 723), Sec. 7, eff. June 16, 2007.Amended by: Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 65, eff. September 1, 2017.|
TX Hum Res Code § 42.0562 (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 42.0562. Information Regarding Certain Group Day-Care Home and Family Home Employees

Sec. 42.0562.  INFORMATION REGARDING CERTAIN GROUP DAY-CARE HOME AND FAMILY HOME EMPLOYEES.  (a)  The commission shall collect information regarding group day-care home and family home employees who have had a license, registration, or other occupational authorization revoked by a licensing authority.(b)  The commission shall collaborate with licensing authorities to determine the most efficient method for identifying group day-care home or family home employees who have had a license revoked by the licensing authority.(c)  In this section:(1)  "License" means a license, registration, certificate, permit, or other authorization issued by a licensing authority that a person must obtain to practice or engage in a particular business, occupation, or profession.(2)  "Licensing authority" means a department, commission, board, office, or other agency of the state that issues a license.|Added by Acts 2021, 87th Leg., R.S., Ch. 547 (S.B. 225), Sec. 8, eff. September 1, 2021.|
TX Hum Res Code § 42.057 (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 42.057. Drug Testing

Sec. 42.057.  DRUG TESTING.  (a)  Each residential child-care facility shall establish a drug testing policy for employees.  A residential child-care facility may adopt the model employee drug testing policy adopted by the executive commissioner under Subsection (b) or may use another employee drug testing policy approved by the executive commissioner.(b)  The executive commissioner by rule shall adopt a model employee drug testing policy for use by a residential child-care facility.  The policy must be designed to ensure the safety of resident children through appropriate drug testing of employees while protecting the rights of employees.  The model policy must require:(1)  preemployment drug testing;(2)  random, unannounced drug testing of each employee who has direct contact with a child in the care of the facility;(3)  drug testing of an employee against whom there is an allegation of drug abuse; and(4)  drug testing of an employee whom the department is investigating for the abuse or neglect of a child in the care of the facility, if the allegation of abuse or neglect includes information that provides good cause to suspect drug abuse.(c)  The department shall require a drug test of a person who directly cares for or has access to a child in a residential child-care facility within 24 hours after the department receives notice of an allegation that the person has abused drugs.(d)  An employee may not provide direct care or have direct access to a child in a residential child-care facility before completion of the employee's initial drug test.(e)  A residential child-care facility shall pay any fee or cost associated with performing the drug test for an employee.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.104(a), eff. September 1, 2005.|
TX Hum Res Code § 42.058 (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 42.058. Competitive Bidding or Advertising Rules

Sec. 42.058.  COMPETITIVE BIDDING OR ADVERTISING RULES.  (a)  The executive commissioner may not adopt rules restricting competitive bidding or advertising by a license holder or registration holder except to prohibit false, misleading, or deceptive practices or to prevent a violation of this chapter.(b)  Rules to prohibit false, misleading, or deceptive practices may not include a rule that:(1)  restricts the use of any medium for advertising;(2)  restricts the use of a license holder's or registration holder's personal appearance or voice in an advertisement;(3)  relates to the size or duration of an advertisement by the license holder or registration holder; or(4)  restricts the license holder's or registration holder's advertisement under a trade name.|Added by Acts 1997, 75th Leg., ch. 1022, Sec. 33, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.234, eff. April 2, 2015.|