reglab/statecodes huggingface dataset:
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 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.064. Interagency Cooperation and Exchange of Information

Sec. 40.064.  INTERAGENCY COOPERATION AND EXCHANGE OF INFORMATION.  (a)  The department may execute a memorandum of understanding with another state agency to facilitate the implementation of a program or the delivery of a service that the department is required by law to implement or deliver.
(b)  The department may establish procedures to exchange with another state agency or governmental entity information that is necessary for the department or the agency or entity to properly execute its respective duties and responsibilities.  An exchange of information does not affect whether the information is subject to disclosure under Chapter 552, Government Code.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.
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 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.065. Communications Officer; Plan

Sec. 40.065.  COMMUNICATIONS OFFICER;  PLAN.  (a)  The department shall designate one or more department employees to be primarily responsible for communicating with the public regarding the department's powers and duties.  Through the use of designated employees, the department shall ensure:
(1)  effective communications between the department and persons seeking to report abuse or neglect or inquiring about the status of a case;  and
(2)  effective and timely response to questions from the public within the department's confidentiality guidelines.
(b)  The department shall develop and implement a communication plan to ensure statewide public and government awareness of child abuse or neglect investigated by the department.  The plan shall include information detailing the procedure followed by the department during the investigation and the responsibilities of the department in child abuse cases.  In implementing the plan, the department shall establish a process for expediting the reporting of child abuse or neglect to the department.  The executive commissioner shall adopt rules to implement this subsection.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.205, eff. April 2, 2015.
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 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.066. Cooperation With State Office of Administrative Hearings

Sec. 40.066.  COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE HEARINGS.  (a)  Except as provided by Subsection (e), the department and the chief administrative law judge of the State Office of Administrative Hearings shall adopt a memorandum of understanding under which the State Office of Administrative Hearings, on behalf of the department, conducts all contested case hearings authorized or required by law to be conducted by the department under the administrative procedure law, Chapter 2001, Government Code.
(b)  The memorandum of understanding shall require the chief administrative law judge, the department, and the commissioner to cooperate in connection with a contested case hearing and may authorize the State Office of Administrative Hearings to perform any administrative act, including the giving of notice, that is required to be performed by the department or commissioner.
(c)  The administrative law judge who conducts a contested case hearing for the State Office of Administrative Hearings on behalf of the department shall enter the final decision in the case after completion of the hearing.
(d)  The department by interagency contract shall reimburse the State Office of Administrative Hearings for the costs incurred in conducting contested case hearings for the department.  The department may pay an hourly fee for the costs of conducting those hearings or a fixed annual fee negotiated biennially by the department and the State Office of Administrative Hearings to coincide with the department's legislative appropriations request.
(e)  This section does not apply to a personnel grievance hearing involving a department employee.
(f)  Unless otherwise agreed by all parties to a contested case, a hearing conducted by the State Office of Administrative Hearings on behalf of the department under this section must be held in the department's administrative region in which the conduct at issue in the case occurred.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 22, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1128, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.206, eff. April 2, 2015.
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 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.067. Delivery of Services in Areas Bordering United Mexican States

Sec. 40.067.  DELIVERY OF SERVICES IN AREAS BORDERING UNITED MEXICAN STATES.  The department shall:
(1)  study issues related to providing child and adult protective services in areas bordering the United Mexican States;
(2)  develop a plan for providing those services in the most efficient manner;  and
(3)  pursue and enter into agreements for coordinated services, to the extent permissible under federal law, with the United Mexican States or any of its political subdivisions.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 22, eff. Sept. 1, 1997.
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 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.068. Local Accounts

Sec. 40.068.  LOCAL ACCOUNTS.  (a)  The department may establish and maintain local bank or savings accounts for a client of the department as necessary to administer funds belonging to the client or received in trust for or on behalf of the client.
(b)  Funds maintained in an account for the benefit of a child who is under the managing conservatorship of the department may be used by the department for the support of the child, including the payment of foster care expenses, or may be paid to a person providing care for the child.
(c)  The department shall spend funds in a guardianship of a client's estate in compliance with Title 3, Estates Code.
(d)  Except as provided by Subsection (c), funds maintained in an account for the benefit of a client of the department may be used to provide care, including medical care, for the client.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 22, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.207, eff. April 2, 2015.
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 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.070. Support Services for Certain Families

Sec. 40.070.  SUPPORT SERVICES FOR CERTAIN FAMILIES.  (a)  If the department places a child who is in the conservatorship of the state in the home of a grandparent of the child, the department shall:
(1)  refer the grandparent to support services offered by the department;  and
(2)  inform the grandparent of the availability of financial assistance under Chapter 31, including supplemental financial assistance, if the eligibility requirements of that chapter are satisfied.
(b)  The department shall maintain complete records and compile statistics regarding the number of children who are placed by the department in the home of a grandparent of the child.
Added by Acts 1999, 76th Leg., ch. 471, Sec. 2, eff. Sept. 1, 1999.
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 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.071. Drug-Endangered Child Initiative

Sec. 40.071.  DRUG-ENDANGERED CHILD INITIATIVE.  The department shall establish a drug-endangered child initiative aimed at protecting children who are exposed to heroin, cocaine or any of its forms, or methamphetamine or to chemicals and other hazardous materials used in the illicit manufacture of methamphetamine.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.89, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 26, eff. September 1, 2007.
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 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.072. Duty to Report; Department Records

Sec. 40.072.  DUTY TO REPORT; DEPARTMENT RECORDS.  (a)  To the extent that reporting does not interfere with an ongoing criminal investigation, the Department of Public Safety and each local law enforcement agency shall report to the department on discovering the presence of a child in a location where methamphetamine is manufactured.
(b)  The department shall maintain a record of reports received under this section and shall include in the record information regarding actions taken by the department to ensure the child's safety and well-being.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.89, eff. September 1, 2005.
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 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.075. Protective Orders

Sec. 40.075.  PROTECTIVE ORDERS.  (a)  The executive commissioner shall adopt rules to provide procedures for the filing of protective orders by the department for the protection of a member of a family or household as provided by Title 4, Family Code.
(b)   The department shall provide prior notice to a nonabusive parent or adult member of a household of the department's intent to file an application for a protective order for a child or older person and shall request the assistance of the person receiving the notice in developing a safety plan for household members and the child or older person for whom the order is sought.  The department shall exercise reasonable safety precautions to protect a nonabusive parent or other member of a household while providing notice and requesting assistance under this section.
Transferred, redesignated and amended from Human Resources Code, Chapter 54 by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 76, eff. September 1, 2015.
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 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.080. Strategic Plan to Implement Federal Law Regarding Specified Settings for Placement of Foster Children

Sec. 40.080.  STRATEGIC PLAN TO IMPLEMENT FEDERAL LAW REGARDING SPECIFIED SETTINGS FOR PLACEMENT OF FOSTER CHILDREN.  (a)  The department shall develop a strategic plan regarding the placement of children in settings eligible for federal financial participation under the requirements of the federal Family First Prevention Services Act (Title VII, Div. E, Pub. L. No. 115-123).
(b)  The strategic plan required under this section must:
(1)  assess any available evidence regarding the impact of accreditation on qualitative performance of accredited providers;
(2)  assess a potential structure and any funding requirements necessary to incentivize providers to become accredited;
(3)  study any available evidence regarding the qualitative outcomes in qualified residential treatment providers, as defined in the federal Family First Prevention Services Act (Title VII, Div. E, Pub. L. No. 115-123);
(4)  assess the fiscal implications to this state of developing settings that meet the federal definition of qualified residential treatment providers and all associated requirements; and
(5)  make any appropriate recommendations related to implementation of the requirements for qualified residential treatment providers.
Added by Acts 2019, 86th Leg., R.S., Ch. 394 (S.B. 781), Sec. 3, eff. September 1, 2019.
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 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.081. Implementation of Federal Law

Sec. 40.081.  IMPLEMENTATION OF FEDERAL LAW.  (a)  In furtherance of department duties under Section 40.002(d), the department shall to the greatest extent possible develop capacity for placement settings that are eligible for federal financial participation under 42 U.S.C. Section 672, including settings:
(1)  specializing in providing prenatal, postpartum, or parenting support for youth;
(2)  providing high-quality residential care and supportive services to children and youth who this state has reasonable cause to believe are, or who are at risk of being, sex trafficking victims in accordance with 42 U.S.C. Section 671(a)(9)(C);
(3)  providing supervised independent living for young adults;
(4)  offering residential family-based substance abuse treatment as described by 42 U.S.C. Section 672(j); and
(5)  serving as a qualified residential treatment program.
(b)  In developing capacity for settings described by Subsection (a)(2), the department shall:
(1)  promote the use of nationally recognized tools such as the Commercial Sexual Exploitation-Identification Tool (CSE-IT) and any other indicated treatment models or best practices for the treatment and prevention of sex trafficking victimization; and
(2)  use providers that:
(A)  use a trauma-informed care model;
(B)  have defined programming to address the specific needs of trafficking survivors and youth at risk of trafficking;
(C)  have leadership and direct-care staff who have completed training regarding the specific needs of trafficking survivors and youth at risk of trafficking;
(D)  have established policies and procedures to minimize risk to a child who is a victim of trafficking placed with the provider and other children placed with the provider, including risks related to running away from the placement or becoming a victim of trafficking; and
(E)  provide case management services or contract with an entity in the geographic area of the provider to provide case management services to trafficking victims or potential victims.
Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 18, eff. June 14, 2021.
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 40 - Department of Family and Protective Services › Subchapter C. General Functions of Department › Section 40.082. Report of Criminal Conduct; Penalty

Sec. 40.082.  REPORT OF CRIMINAL CONDUCT; PENALTY.  (a)  Each employee of the department or of a department contractor who becomes aware of conduct constituting a criminal offense engaged in by another employee of the department or by a department contractor against a person receiving services from the department or a department contractor shall report the conduct to a local law enforcement agency not later than the 48th hour after the hour the employee becomes aware of the conduct.
(b)  A person commits an offense if the person is required to make a report under Subsection (a) and knowingly fails to make the report.
(c)  An offense under Subsection (b) is a Class A misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the actor intended to hinder an investigation of or conceal the criminal conduct described by Subsection (a).
Added by Acts 2023, 88th Leg., R.S., Ch. 1044 (S.B. 182), Sec. 1, eff. September 1, 2023.
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 A. General Provisions › Section 42.001. Purpose

Sec. 42.001.  PURPOSE.  The purpose of this chapter is to protect the health, safety, and well-being of the children of the state who reside in child-care facilities by establishing statewide minimum standards for their safety and protection and by regulating the facilities through a licensing program.  It is the policy of the state to ensure the protection of all children under care in child-care facilities and to encourage and assist in the improvement of child-care programs.  It is also the intent of the legislature that freedom of religion of all citizens is inviolate.  With respect to a school or child-care facility sponsored by a religious organization, nothing in this chapter gives a governmental agency authority to regulate, control, supervise, or in any way be involved in the:
(1)  form, manner, or content of religious instruction, ministry, teaching, or the curriculum offered by the school or facility;
(2)  ability of the school or facility to select and supervise qualified personnel, and otherwise control the terms of employment, including the right to employ individuals who share the religious views of the school or facility;
(3)  internal self-governance and autonomy of the school or facility; or
(4)  religious environment of the school or facility, such as symbols, art, icons, and scripture.
Acts 1979, 66th Leg., p. 2358, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1997, 75th Leg., ch. 664, Sec. 2, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1063, Sec. 2, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 218, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 27, eff. September 1, 2007.
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 A. General Provisions › Section 42.003. Reference to Child-Care Institution

Sec. 42.003.  REFERENCE TO CHILD-CARE INSTITUTION.  A reference in law to a "child-care institution" means a general residential operation.
Added by Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 3, eff. September 1, 2009.
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 A. General Provisions › Section 42.0031. Reference to Part of Continuum-of-Care Operation

Sec. 42.0031.  REFERENCE TO PART OF CONTINUUM-OF-CARE OPERATION.  With respect to a continuum-of-care operation, a reference in this code or in any other law to a type of residential child-care facility that is a part of a continuum-of-care operation shall be construed as a reference to that portion of the continuum-of-care operation, and the department may take all regulatory action with respect to the continuum-of-care operation that the department could take with respect to the type of residential child-care facility, as further specified in department rule.
Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 45, eff. September 1, 2017.
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 A. General Provisions › Section 42.004. Confidentiality of Investigation Information

Sec. 42.004.  CONFIDENTIALITY OF INVESTIGATION INFORMATION.  A photograph, videotape, audiotape, or other audio or visual recording, depiction, or documentation of a child that is made by the department in the course of an inspection or investigation authorized by this chapter or Section 261.401, Family Code, is confidential, is not subject to release under Chapter 552, Government Code, and may be released only as required by state or federal law or rules adopted by the executive commissioner.
Added by Acts 2013, 83rd Leg., R.S., Ch. 313 (H.B. 1648), Sec. 1, eff. September 1, 2013.
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 B. Administrative Provisions › Section 42.021. Division Designated

Sec. 42.021.  DIVISION DESIGNATED.  (a)  The department may designate a division within the department to carry out responsibilities the department may delegate or assign under this chapter.  The department shall ensure the independence of the division from the child protective services division.
(b)  The commissioner shall appoint as director of a division designated under Subsection (a) a person who meets the qualifications set by the executive commissioner.  The commissioner shall ensure the director's independence from the child protective services division and may not terminate the director without the approval of the executive commissioner.
(c)  The department shall employ sufficient personnel and provide training for the personnel to carry out the provisions of this chapter.
(d)  The commissioner may divide the state into regions for the purpose of administering this chapter.
Acts 1979, 66th Leg., p. 2360, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.020, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1063, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.91, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 28, eff. September 1, 2007.
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 B. Administrative Provisions › Section 42.0211. Safety Specialists, Risk Analysts, and Performance Management

Sec. 42.0211.  SAFETY SPECIALISTS, RISK ANALYSTS, AND PERFORMANCE MANAGEMENT.  (a)  The division shall employ at least one specially trained investigation safety specialist, whose duties include the duty to:
(1)  review and evaluate the intake of reports that include allegations associated with a higher risk of harm to the child; and
(2)  consult with the assigned investigator to provide specialized guidance and resources to assist the investigation.
(b)  The division shall employ at least one risk analyst, whose duties include the duty to:
(1)  identify facilities, including child-placing agencies, whose compliance histories indicate the potential for a higher risk of harm to children in the care of the facility;
(2)  review the monitoring and inspection reports for any facilities described by Subdivision (1) to assess the quality of the investigation or monitoring; and
(3)  identify any additional monitoring or enforcement action that may be appropriate to ensure the safety of a child in the care of the facility.
(c)  The division must include a performance management unit with duties that include:
(1)  conducting quality assurance reviews of randomly selected monitoring and investigative reports to ensure compliance with all relevant laws, rules, and agency policies; and
(2)  making recommendations to improve the quality and consistency of monitoring and investigations.
Added by Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 29(a), eff. September 1, 2007.
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 B. Administrative Provisions › Section 42.023. Annual Report

Sec. 42.023.  ANNUAL REPORT.  (a)  The department shall prepare an annual written report regarding the department's activities under this chapter.
(b)  The annual report shall include:
(1)  a report by regions of applications for licensure or certification, of initial licenses issued, denied, or revoked, of licenses issued, denied, suspended or revoked, of emergency closures and injunctions, and of the compliance of state-operated agencies, if such agencies exist, with certification requirements;
(2)  a summary of the training programs required by the department and their effectiveness;
(3)  a summary of training and other professional development opportunities offered to facilities' staffs;
(4)  a report of new administrative procedures, of the number of staff and staff changes, and of plans for the coming year; and
(5)  a report of trends in licensing violations on a statewide and regional basis and the department's plans to address those trends through the provision of technical assistance.
(c)  Copies of the annual report shall be available to any state citizen on request.
Acts 1979, 66th Leg., p. 2360, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1985, 69th Leg., ch. 18, Sec. 2, eff. April 3, 1985;  Acts 1995, 74th Leg., ch. 76, Sec. 8.022, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1063, Sec. 6, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.92, eff. September 1, 2005.
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 B. Administrative Provisions › Section 42.024. Administrative Procedure

Sec. 42.024.  ADMINISTRATIVE PROCEDURE.  Chapter 2001, Government Code applies to all procedures under this chapter except where it is contrary to or inconsistent with the provisions of this chapter.
Acts 1979, 66th Leg., p. 2361, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
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 B. Administrative Provisions › Section 42.025. Searchable Database

Sec. 42.025.  SEARCHABLE DATABASE.  (a)  The commission shall permanently maintain on the commission's Internet website a searchable database that lists each group day-care home and family home licensed, registered, or listed under this chapter:
(1)  that previously had a license, registration, or listing under this chapter involuntarily suspended or revoked; or
(2)  for which the commission refused to renew a license, registration, or listing.
(b)  The database maintained under Subsection (a) must include for each group day-care home and licensed or registered family home:
(1)  the name of the facility;
(2)  the address of the facility, including the county in which the facility is located;
(3)  any identification number associated with the facility;
(4)  the name of the sole proprietor or each partner who owns the child-care operation or, if the owner is a business entity, the name of each officer responsible for the management of the child-care operation as determined by the commissioner; and
(5)  the year in which:
(A)  the involuntary suspension or revocation of the facility's license, registration, or listing took effect or was final under this chapter; or
(B)  the commission refused to renew the facility's license, registration, or listing.
(c)  The commission shall include the name of each individual described by Subsection (b)(4) who is associated with the license, registration, or listing in any database entry made under this section.
(d)  The executive commissioner may adopt rules as necessary to implement this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 158 (H.B. 1180), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 547 (S.B. 225), Sec. 2, eff. September 1, 2021.
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 B. Administrative Provisions › Section 42.026. Access to Database

Sec. 42.026.  ACCESS TO DATABASE.  (a)  The commission shall make the child-care licensing division's searchable database accessible to commission and department investigators.
(b)  The department shall make the department's searchable database accessible to commission and department investigators.
Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 19, eff. June 14, 2021.
For expiration of this section, see Subsection (g).
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 42.04201. Interim Director

Sec. 42.04201.  INTERIM DIRECTOR.  (a)  If a candidate to serve as the director of a day-care center operating under an initial license under Section 42.051 meets all the qualifications for a director prescribed by department rules except for the education requirements, the candidate may serve as interim director of the day-care center for not longer than 12 months while the candidate completes the requisite education or obtains a waiver to the education requirement authorized by commission rule.
(b)  If the interim director completes the education requirements prescribed by the department or obtains a waiver to the education requirement before the end of the 12th month after the date the person began serving as interim director, the interim director may become the director of the day-care center.
(c)  If the interim director fails to complete the education requirements prescribed by the department or obtain a waiver to the education requirement before the end of the 12th month after the date the person began serving as interim director, the day-care center shall employ a new director.
Added by Acts 2023, 88th Leg., R.S., Ch. 1097 (S.B. 1327), Sec. 1, eff. September 1, 2023.
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 42.04215. Safety Training Account

Sec. 42.04215.  SAFETY TRAINING ACCOUNT.  (a)  The safety training account is a dedicated account in the general revenue fund.  The account is composed of:
(1)  money deposited into the account under Section 42.078;
(2)  gifts, grants, and donations contributed to the account; and
(3)  interest earned on the investment of money in the account.
(b)  Section 403.0956, Government Code, does not apply to the account.
(c)  Money in the account may be appropriated only to the commission to provide safety training materials at no cost to a facility licensed under this chapter or a family home registered or listed under this chapter.  The commission may contract with a third party to create the training materials.
(d)  The executive commissioner shall adopt rules necessary to implement this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 588 (S.B. 568), Sec. 1, eff. September 1, 2019.
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 42.0422. Restraint and Seclusion

Sec. 42.0422.  RESTRAINT AND SECLUSION.  A person providing services to a resident of a general residential operation, including a state-operated facility that is a residential treatment center or a general residential operation serving children with intellectual disabilities, shall comply with Chapter 322, Health and Safety Code, and the rules adopted under that chapter.
Added by Acts 2005, 79th Leg., Ch. 698 (S.B. 325), Sec. 7, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 7, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.214, eff. April 2, 2015.
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 42.0423. Children's Product Safety for Certain Nonresidential Child-Care Facilities

Sec. 42.0423.  CHILDREN'S PRODUCT SAFETY FOR CERTAIN NONRESIDENTIAL CHILD-CARE FACILITIES.  (a)  This section applies only to a licensed day-care center, licensed group day-care home, or registered family home.
(b)  A children's product is presumed to be unsafe for purposes of this section if it has been recalled for any reason by the United States Consumer Product Safety Commission and the recall has not been rescinded.
(c)  A children's product that has been recalled for any reason by the United States Consumer Product Safety Commission is not presumed to be unsafe if the product has been remanufactured or retrofitted so that the product is safe.
(d)  The department shall include on its public Internet website a link to the United States Consumer Product Safety Commission's Internet website.
(e)  A child-care facility subject to this section may not use an unsafe children's product or have an unsafe children's product on the premises of the child-care facility unless:
(1)  the product is an antique or collectible children's product and is not used by, or accessible to, any child in the child-care facility; or
(2)  the unsafe children's product is being retrofitted to make it safe and the product is not used by, or accessible to, any child in the child-care facility.
(f)  The department shall notify a child-care facility subject to this section of the provisions of this section in plain, nontechnical language that will enable the child-care facility to effectively inspect the children's products at the facility and identify unsafe children's products.  The department shall provide the notice required by this subsection:
(1)  during the department's pre-application interview for a license, registration, or certification; and
(2)  during an inspection.
(g)  At least annually, each child-care facility subject to this section shall certify in writing that the facility has reviewed each of the bulletins and notices issued by the United States Consumer Product Safety Commission regarding unsafe children's products and that there are no unsafe products in the facility except products described by Subsection (e).  The facility shall retain the certification form completed by each facility in the facility's licensing file.
(h)  The executive commissioner shall adopt rules and forms necessary to implement this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 46 (S.B. 95), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.215, eff. April 2, 2015.
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 42.0424. Child Safety Alarms in Vehicles

Sec. 42.0424.  CHILD SAFETY ALARMS IN VEHICLES.  (a) In this section, "electronic child safety alarm" means an alarm system that prompts the driver of a vehicle to inspect the vehicle to determine whether children are in the vehicle before the driver exits the vehicle.
(b)  A licensed day-care center shall equip each vehicle owned or leased by the facility with an electronic child safety alarm if the vehicle is:
(1)  designed to seat eight or more persons; and
(2)  used to transport children under the care of the facility.
(c)  The licensed day-care center shall ensure that the electronic child safety alarm is properly maintained and used when transporting children.
(d)  The executive commissioner shall adopt rules to implement this section.
(e)  This section applies only to a vehicle purchased or leased on or after December 31, 2013.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1132 (H.B. 1741), Sec. 1, eff. December 31, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.216, eff. April 2, 2015.
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 42.0425. Assessment Services

Sec. 42.0425.  ASSESSMENT SERVICES.  (a)  The executive commissioner by rule shall regulate assessment services provided by child-care facilities or child-placing agencies.  A child-care facility or child-placing agency may not provide assessment services unless specifically authorized by department rule.
(b)  The executive commissioner by rule shall establish minimum standards for assessment services.  The standards must provide that consideration is given to the individual needs of a child, the appropriate place for provision of services, and the factors listed in Section 42.042(e).
(c)  In this section, "assessment services" means the determination of the placement needs of a child who requires substitute care.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 25, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.217, eff. April 2, 2015.
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 42.0426. Training of Personnel

Sec. 42.0426.  TRAINING OF PERSONNEL.  (a)  A licensed facility shall provide training for staff members in:
(1)  the recognition of symptoms of child abuse, neglect, and sexual molestation and the responsibility and procedure of reporting suspected occurrences of child abuse, neglect, and sexual molestation to the department or other appropriate entity;
(2)  the application of first aid; and
(3)  the prevention and spread of communicable diseases.
(a-1)  A licensed facility shall require each employee of the facility who attends a training program required by Subsection (a)(1) to sign a statement verifying the employee's attendance at the training program.  The licensed facility shall maintain the statement in the employee's personnel records.
(b)  A residential child-care facility shall implement a behavior intervention program approved by the department for the benefit of a child served by the facility who needs assistance in managing the child's conduct.  The program must include:
(1)  behavior intervention instruction for staff members who work directly with children served by the facility; and
(2)  training for all employees regarding the risks associated with the use of prone restraints.
(c)  Not later than the seventh day after the date an employee begins employment at a day-care center, group day-care home, or registered family home, the employee must complete an orientation to the facility.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 25, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.95, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 882 (S.B. 260), Sec. 2, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 592 (S.B. 939), Sec. 5, eff. September 1, 2013.
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 42.04261. Other Training of Personnel: Child-Placing Agencies and Day-Care Centers

Sec. 42.04261.  OTHER TRAINING OF PERSONNEL:  CHILD-PLACING AGENCIES AND DAY-CARE CENTERS.  (a)  Notwithstanding Section 42.0426(a)(1), a child-placing agency or day-care center shall provide training for staff members in prevention techniques for and the recognition of symptoms of sexual abuse and other maltreatment of children and the responsibility and procedure of reporting suspected occurrences of sexual abuse and other maltreatment of children to the department or other appropriate entity.
(b)  The type of training required under Subsection (a) shall be determined by department rule.  The training must be provided for at least an hour annually and must include training concerning:
(1)  factors indicating a child is at risk for sexual abuse or other maltreatment;
(2)  likely warning signs indicating a child may be a victim of sexual abuse or other maltreatment;
(3)  internal procedures for reporting sexual abuse or other maltreatment; and
(4)  community organizations that have existing training programs that are able to provide training or other education for child-placing agency or day-care center staff members, children, and parents.
(c)  If a child-placing agency or day-care center determines that it does not have sufficient resources to provide the training required under this section, the agency or center may contact a department licensing employee to obtain information concerning community organizations that will provide such training at no cost to the agency or center.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1323 (S.B. 471), Sec. 4, eff. June 17, 2011.
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 42.0427. Parental Visitation

Sec. 42.0427.  PARENTAL VISITATION.  All areas of a licensed facility must be accessible to a parent of a child who is receiving care at the facility if the parent visits the child during the facility's hours of operation.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 25, eff. Sept. 1, 1997.
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 42.0428. Policies Addressing Sexual Abuse and Other Maltreatment of Children

Sec. 42.0428.  POLICIES ADDRESSING SEXUAL ABUSE AND OTHER MALTREATMENT OF CHILDREN.  (a)  Each child-placing agency or day-care center shall adopt and implement a policy addressing sexual abuse and other maltreatment of children.
(b)  A policy required by this section must address:
(1)  methods for increasing child-placing agency and day-care center staff and parent awareness of issues regarding and prevention techniques for sexual abuse and other maltreatment of children, including knowledge of likely warning signs indicating that a child may be a victim of sexual abuse or other maltreatment; and
(2)  actions that, after contacting an agency or center, the parent of a child who is a victim of sexual abuse or other maltreatment should take to obtain assistance and intervention.
(c)  The methods under Subsection (b)(1) for increasing awareness of issues regarding and prevention techniques for sexual abuse and other maltreatment of children must include:
(1)  the training required under Section 42.04261; and
(2)  strategies for coordination between the child-placing agency or day-care center and appropriate community organizations.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1323 (S.B. 471), Sec. 5, eff. June 17, 2011.
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 42.0429. Safe Sleeping Standards

Sec. 42.0429.  SAFE SLEEPING STANDARDS.  (a)  The executive commissioner by rule shall establish safe sleeping standards for licensed facilities and registered family homes.  Each licensed facility and registered family home shall comply with the safe sleeping standards.
(b)  If the commission determines that a licensed facility or registered family home has violated a safe sleeping standard established as required by Subsection (a), the facility or home shall provide written notice in the form and manner required by the executive commissioner to the parent or legal guardian of each child attending the facility or home.
(c)  The executive commissioner shall prescribe the form for the notice required by Subsection (b) and post the form on the commission's Internet website.
Added by Acts 2019, 86th Leg., R.S., Ch. 588 (S.B. 568), Sec. 2, eff. September 1, 2019.