2023 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 42.052. Certification, Listing, and Registration

Sec. 42.052.  CERTIFICATION, LISTING, AND REGISTRATION.  (a)  A state-operated child-care facility or child-placing agency must receive certification of approval from the commission.  The certification of approval remains valid until the certification expires, is revoked, or is surrendered.
(b)  To be certified, a facility must comply with the commission's rules and standards and any provisions of this chapter that apply to a licensed facility of the same category.  The operator of a certified facility must display the certification in a prominent place at the facility.
(c)  A family home that provides care for compensation for three or fewer children, excluding children who are related to the caretaker, shall list with the commission if the home provides regular care in the caretaker's own residence.  The home may register with the commission.
(d)  A family home that provides care for four or more children, excluding children who are related to the caretaker, shall register with the commission.  A family home that provides care exclusively for any number of children who are related to the caretaker is not required to be listed or registered with the commission.
(e)  A registration remains valid until the registration expires, is revoked, or is surrendered.  The operator of a registered home must display the registration in a prominent place at the home.
(e-1)  A listing remains valid until the listing is revoked or surrendered.
(f)  To remain listed or registered with the commission, a family home must comply with the commission's rules and standards and any provision of this chapter that applies to a listed or registered family home.
(f-1)  The executive commissioner shall adopt rules governing the certification and registration renewal process for all certifications and registrations issued under this chapter.  The rules must include:
(1)  renewal periods;
(2)  a process for staggered renewals;
(3)  a process for resolving a late application for renewal;
(4)  expiration dates; and
(5)  conditions for renewal.
(f-2)  The commission shall evaluate an application for renewal of a facility certification or family home registration to determine if all requirements are met and whether the applicant has been cited for repeated violations or has established a pattern of violations during the preceding five years.  The evaluation may include a specified number of visits to the facility or family home subject to this section and must include a review of all required forms and records.  If the commission determines the facility or family home has repeated violations or an established pattern of violations, before the commission renews the certification or registration the commission may place restrictions, conditions, or additional requirements on the certification or registration to ensure the violations cease.
(f-3)  The commission may not renew the certification or registration of a facility or family home cited for a violation that is not corrected by the required compliance date unless the violation is pending an administrative review under commission rules or pending review as a contested case under Chapter 2001, Government Code.
(g)  The certification requirements of this section do not apply to a Texas Juvenile Justice Department facility, or a facility providing services solely for the Texas Juvenile Justice Department.
(h)  The certification requirements of this section do not apply to a juvenile detention facility certified under Section 51.12, Family Code, or a juvenile correctional facility certified under Section 51.125, Family Code.
(i)  The commission shall provide to a listed family home a copy of the listing.  A listing must contain a provision that states:  "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."  The operator of a listed family home is not required to display the listing in a prominent place at the home but shall make the listing available for examination.
(j)  The operator of a listed family home shall undergo initial and subsequent background and criminal history checks required under Section 42.056.  If the operator of a listed family home fails to submit the information required by Section 42.056 for a subsequent background and criminal history check, the commission shall automatically:
(1)  suspend the home's listing until the required information is submitted; and
(2)  revoke the home's listing if the required information is not submitted within six months after the date the automatic suspension begins.
(j-1)  A suspension or revocation under Subsection (j) is not a suspension or revocation under Section 42.072.
(k)  The commission shall issue a listing or registration to a family home, as appropriate, in both English and Spanish when the most recent federal census shows that more than one-half of the population in a municipality or in a commissioners precinct in a county in which the family home is located is of Hispanic origin or Spanish-speaking.
(l)  The commission shall associate a listing or registration of a family home issued under this chapter with the applicant's name as stated in the applicant's listing or registration application.
Acts 1979, 66th Leg., p. 2365, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1981, 67th Leg., p. 2813, ch. 759, Sec. 4, eff. Aug. 31, 1981;  Acts 1985, 69th Leg., ch. 212, Sec. 2, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 915, Sec. 1, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 1052, Sec. 4.06, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 707, Sec. 3, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 76, Sec. 8.023, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 262, Sec. 55, eff. Jan. 1, 1996;  Acts 1997, 75th Leg., ch. 1022, Sec. 32, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1217, Sec. 8, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 218, Sec. 6 to 8, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 26, eff. June 8, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 4, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.227, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 79, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 79, eff. September 1, 2016.
Acts 2019, 86th Leg., R.S., Ch. 588 (S.B. 568), Sec. 6, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 589 (S.B. 569), Sec. 8, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 547 (S.B. 225), Sec. 7, eff. September 1, 2021.