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 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.
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 42.0523. 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.
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 42.053. 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.
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 42.0531. 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.
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 42.0535. 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.
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 42.0536. 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.
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 42.0538. 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.
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 42.055. 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.
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 42.0551. 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.
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 42.0561. 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.
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 42.0562. 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.
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 42.0563. Pre-Employment Affidavit

Sec. 42.0563.  PRE-EMPLOYMENT AFFIDAVIT.  (a)  An applicant for a position with a child-care facility must submit, using a form adopted by the department, a pre-employment affidavit disclosing whether the applicant has ever been charged with, adjudicated for, or convicted of having an inappropriate relationship with a minor.
(b)  An applicant who answers affirmatively concerning an inappropriate relationship with a minor must disclose in the affidavit all relevant facts pertaining to the charge, adjudication, or conviction, including, for a charge, whether the charge was determined to be true or false.
(c)  An applicant is not precluded from being employed based on a disclosed charge if the employing entity determines based on the information disclosed in the affidavit that the charge was false.
(d)  A determination that an employee failed to disclose information required to be disclosed by an applicant under this section is grounds for termination of employment.
Added by Acts 2023, 88th Leg., R.S., Ch. 58 (S.B. 1469), 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 42.057. 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.
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 42.058. 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.
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 42.0583. Identifying At-Risk Providers

Sec. 42.0583.  IDENTIFYING AT-RISK PROVIDERS.  (a)  The department shall use data analytics collected regarding residential child-care providers, including general residential operations providing treatment services to young adults with emotional disorders, to develop an early warning system to identify at-risk providers most in need of technical support and to promote corrective actions and minimize standard violations.
(b)  The system developed under Subsection (a) must distinguish between different levels of risk using a multi-point severity scale. The department shall make information regarding the severity scale available to:
(1)  the standing committees of the senate and the house of representatives with oversight of child-care facilities; and
(2)  the public through the department's Internet website.
Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 21, 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 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services › Subchapter C. Regulation of Certain Facilities, Homes, and Agencies › Section 42.060. Carbon Monoxide Detectors

Sec. 42.060.  CARBON MONOXIDE DETECTORS.  (a)  In this section, "carbon monoxide detector" means a device that detects and sounds an alarm to indicate the presence of a harmful level of carbon monoxide gas.
(b)  Except as provided by Subsection (d), each day-care center, group day-care home, and family home must be equipped with carbon monoxide detectors in accordance with department rules.
(c)  The executive commissioner by rule shall prescribe requirements regarding the placement, installation, and number of carbon monoxide detectors and maintenance procedures for those detectors.
(d)  A day-care center is exempt from the carbon monoxide detector requirements prescribed by this section if the day-care center is located in a school facility that is subject to the school facility standards adopted by the commissioner of education under Section 46.008, Education Code, or similar safety standards adopted by the board of a local school district.
Added by Acts 2003, 78th Leg., ch. 127, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.235, 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 42.062. Certain Employment and Service Prohibited

Sec. 42.062.  CERTAIN EMPLOYMENT AND SERVICE PROHIBITED.  A person may not be employed as a controlling person or serve in that capacity in a facility or family home if the person is not eligible to receive a license or certification for the operation of a facility or family home under Section 42.072(g) or has been denied a license under Section 42.046 for a substantive reason.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.105, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 7, eff. September 1, 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 42.063. Reporting of Incidents and Violations

Sec. 42.063.  REPORTING OF INCIDENTS AND VIOLATIONS.  (a)  In this section, "serious incident" means a suspected or actual incident that threatens or impairs the basic health, safety, or well-being of a child.  The term includes:
(1)  the arrest, abuse, neglect, exploitation, running away, attempted suicide, or death of a child;
(2)  a critical injury of a child; and
(3)  an illness of a child that requires hospitalization.
(b)  A person licensed under this chapter shall report to the commission each serious incident involving a child who receives services from the person, regardless of whether the department is the managing conservator of the child.
(b-1)  A person licensed or registered under this chapter shall notify in accordance with commission rule a parent or guardian of a child in the care of the person of an incident of abuse, neglect, or exploitation of the child, injury of the child that requires treatment by a medical professional or hospitalization, or illness of the child that requires hospitalization.
(b-2)  A person licensed or registered under this chapter shall notify in accordance with commission rule a parent or guardian of each child in the care of the person of a violation that constitutes abuse, neglect, or exploitation of a child.
(c)  An employee of a person described by Subsection (b) shall report suspected abuse or neglect directly to the statewide intake system.
(d)  An employee or volunteer of a general residential operation, child-placing agency, continuum-of-care residential operation, cottage home operation, or specialized child-care home shall report any serious incident directly to the commission if the incident involves a child under the care of the operation, agency, or home.
(e)  A foster parent shall report any serious incident directly to the department if the incident involves a child under the care of the parent.
(f)  The executive commissioner by rule shall prescribe:
(1)  procedures governing reporting required under this section; and
(2)  the manner in which a report under this section must be provided.
(g)  The commission shall implement this section using existing appropriations.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.106, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 12, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 66, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 588 (S.B. 568), Sec. 7, 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 42.064. Information Regarding Gang-Free Zones

Sec. 42.064.  INFORMATION REGARDING GANG-FREE ZONES.  Each day-care center shall, in accordance with rules adopted by the executive commissioner, distribute to parents and guardians of children who attend the center information on gang-free zones and the consequences of engaging in organized criminal activity within those zones.
Added by Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 6, eff. June 19, 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 C. Regulation of Certain Facilities, Homes, and Agencies › Section 42.065. Administering Medication

Sec. 42.065.  ADMINISTERING MEDICATION.  (a)  In this section, "medication" means a drug that may be obtained with or without a prescription, excluding a topical ointment obtained without a prescription.
(b)  This section applies only to a day-care center, group day-care home, before-school or after-school program, school-age program, or family home regardless of whether the facility or program is licensed, registered, or listed.
(c)  A director, owner, operator, caretaker, employee, or volunteer of a child-care facility subject to this section may not administer a medication to a child unless:
(1)  the child's parent or guardian has submitted to the child-care facility a signed and dated document that authorizes the facility to administer the medication for not longer than one year; and
(2)  the authorized medication:
(A)  is administered as stated on the label directions or as amended in writing by a practitioner, as defined by Section 551.003, Occupations Code; and
(B)  is not expired.
(d)  Notwithstanding Subsection (c)(1), a director, owner, operator, caretaker, employee, or volunteer of a child-care facility subject to this section may administer medication to a child under this section without a signed authorization if the child's parent or guardian:
(1)  submits to the child-care facility an authorization in an electronic format that is capable of being viewed and saved; or
(2)  authorizes the child-care facility by telephone to administer a single dose of a medication.
(e)  An authorization under Subsection (d)(1) expires on the first anniversary of the date the authorization is provided to the child-care facility.
(f)  This section does not apply to a person that administers a medication to a child in a medical emergency to prevent the death or serious bodily injury of the child if the medication is administered as prescribed, directed, or intended.
(g)  A person commits an offense if the person administers a medication to a child in violation of this section.  If conduct constituting an offense under this section also constitutes an offense under a section of the Penal Code, the actor may be prosecuted under either section or both sections.
(h)  An offense under this section is a Class A misdemeanor.
Added by Acts 2011, 82nd Leg., R.S., Ch. 762 (H.B. 1615), Sec. 2, eff. September 1, 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 42.066. Required Submission of Information Requested by Court

Sec. 42.066.  REQUIRED SUBMISSION OF INFORMATION REQUESTED BY COURT.  A general residential operation that provides mental health treatment or services to a child in the managing conservatorship of the department shall timely submit to the court in a suit affecting the parent-child relationship under Subtitle E, Title 5, Family Code, all information requested by that court.
Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 67, 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 C. Regulation of Certain Facilities, Homes, and Agencies › Section 42.068. Required Posting of No Trespassing Notice; Criminal Penalty

Sec. 42.068.  REQUIRED POSTING OF NO TRESPASSING NOTICE; CRIMINAL PENALTY.  (a)  Each general residential operation operating as a residential treatment center shall post "No Trespassing" notices on the grounds of the general residential operation in the following locations:
(1)  parallel to and along the exterior boundaries of the general residential operation's grounds;
(2)  at each roadway or other way of access to the grounds;
(3)  for grounds not fenced, at least every five hundred feet along the exterior boundaries of the grounds;
(4)  at each entrance to the grounds; and
(5)  at conspicuous places reasonably likely to be viewed by intruders.
(b)  Each "No Trespassing" notice posted on the grounds of a general residential operation operating as a residential treatment center must:
(1)  state that entry to the property is forbidden;
(2)  include a description of the provisions of  Section 30.05, Penal Code, including the penalties for violating Section 30.05, Penal Code;
(3)  include the name and address of the person under whose authority the notice is posted;
(4)  be written in English and Spanish; and
(5)  be at least 8-1/2 by 11 inches in size.
(c)  The executive commissioner by rule shall determine and prescribe the requirements regarding the placement, installation, design, size, wording, and maintenance procedures for the "No Trespassing" notices.
(d)  The commission shall provide without charge to each general residential operation operating as a residential treatment center the number of "No Trespassing" notices required to comply with this section and rules adopted under this section.
(e)  A person who operates a general residential operation operating as a residential treatment center commits an offense if the commission provides "No Trespassing" notices to the facility and the person fails to display the "No Trespassing" notices on the operation's grounds as required by this section before the end of the 30th business day after the date the operation receives the notices.  An offense under this subsection is a Class C misdemeanor.
Added by Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 20, 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 D. Remedies › Section 42.0704. Enforcement Policy

Sec. 42.0704.  ENFORCEMENT POLICY.  (a)  The executive commissioner by rule shall adopt a general enforcement policy that describes the commission's approach to enforcement of this chapter.
(b)  The enforcement policy must:
(1)  summarize the commission's general expectations in enforcing this chapter;
(2)  include the methodology required by Subsection (c); and
(3)  describe the commission's plan for strengthening its enforcement efforts and for making objective regulatory decisions.
(c)  As part of the enforcement policy, the commission shall develop and implement a methodology for determining the appropriate disciplinary action to take against a person who violates this chapter or a commission rule. The methodology must:
(1)  provide guidance on when to use each of the available tools of enforcement, including technical assistance, voluntary plans of action, probation, suspension or revocation of a license or registration, denial of a license or registration, administrative penalties, and emergency suspension; and
(2)  allow the commission to consider the circumstances of a particular case, including:
(A)  the nature and seriousness of the violation, including whether the violation involved the abuse or neglect of a child or resulted in the death or near fatal injury of a child;
(B)  any history of previous violations, including a repetition or pattern of violations; and
(C)  any aggravating and mitigating factors.
(d)  The commission shall make the methodology described by Subsection (c) available to the public, including by posting the methodology on the commission's Internet website.
Added by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 81, eff. September 1, 2015.
Added by Acts 2015, 84th Leg., R.S., Ch. 1057 (H.B. 2070), Sec. 3, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 394 (S.B. 781), Sec. 6, 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 D. Remedies › Section 42.0705. Range of Penalties

Sec. 42.0705.  RANGE OF PENALTIES.  The department shall revoke or suspend a license or registration, place on probation a person whose license or registration has been suspended, or reprimand a license holder or registration holder for a violation of this chapter or a department rule.  If a license or registration suspension is probated, the department may require the license holder or registration holder to:
(1)  report regularly to the department on matters that are the basis of the probation;
(2)  limit services to the areas prescribed by the department;
(3)  continue or review professional education until the license holder or registration holder attains a degree of skill satisfactory to the department in those areas that are the basis of the probation; or
(4)  take corrective action relating to the violation on which the probation is based.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 34, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 40, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.236, 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 D. Remedies › Section 42.071. Suspension or Probation of License or Registration

Sec. 42.071.  SUSPENSION OR PROBATION OF LICENSE OR REGISTRATION.  (a)  The commission may suspend the license of a facility or the registration of a family home that has temporarily ceased operation but has definite plans for starting operations again within the time limits of the issued license or registration.
(b)  The commission may suspend a facility's license or a family home's registration for a definite period rather than deny or revoke the license or registration if the commission finds repeated noncompliance with standards that do not endanger the health and safety of children.  To qualify for license or registration suspension under this subsection, a facility or family home must suspend its operations and show that standards can be met within the suspension period.
(c)  If the commission finds a facility or family home is in repeated noncompliance with standards that do not endanger the health and safety of children, the commission may place the facility or family home on probation rather than suspend or revoke the facility's license or the family home's registration.  The commission shall provide notice to the facility or family home of the probation and of the items of noncompliance not later than the 10th day before the probation period begins.   During the probation period, the facility or family home must correct the items that were in noncompliance and report the corrections to the commission for approval.
(d)  The commission shall revoke the license of a facility or the registration of a family home that does not comply with standards at the end of a license or registration suspension.
(e)  The commission may suspend or revoke the license of a facility or the registration of a family home that does not correct items that were in noncompliance or that does not comply with required standards within the applicable probation period.
Acts 1979, 66th Leg., p. 2365, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1983, 68th Leg., p. 111, ch. 23, Sec. 1, eff. Aug. 29, 1983;  Acts 1987, 70th Leg., ch. 1081, Sec. 2, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 1022, Sec. 35, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 394 (S.B. 781), Sec. 7, 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 D. Remedies › Section 42.0715. Costs Charged to Facility or Family Home

Sec. 42.0715.  COSTS CHARGED TO FACILITY OR FAMILY HOME.  The department may charge a facility or family home for reimbursement of the reasonable cost of services provided by the department in formulating, monitoring, and implementing a corrective action plan for the facility or family home.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 36, 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 D. Remedies › Section 42.073. Emergency Suspension and Closure of a Facility or Family Home

Sec. 42.073.  EMERGENCY SUSPENSION AND CLOSURE OF A FACILITY OR FAMILY HOME.  (a)  The department shall suspend a facility's license or a family home's listing or registration and order the immediate closing of the facility or family home if:
(1)  the department finds the facility or family home is operating in violation of the applicable standards prescribed by this chapter;  and
(2)  the violation creates an immediate threat to the health and safety of the children attending or residing in the facility or family home.
(b)  An order suspending a license, listing, or registration and an order closing a facility or family home under this section is immediately effective on the date on which the holder of the license, listing, or registration receives written notice or on a later date specified in the order.
(c)  An order is valid for 30 days after the effective date of the order.
Acts 1979, 66th Leg., p. 2366, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1993, 73rd Leg., ch. 977, Sec. 2, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1022, Sec. 38, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1217, Sec. 14, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.108, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 14, eff. September 1, 2009.