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 42.04291. Supervision Standards for Infant During Time Spent on Stomach

Sec. 42.04291.  SUPERVISION STANDARDS FOR INFANT DURING TIME SPENT ON STOMACH.  The executive commissioner by rule shall establish standards for the visual and auditory supervision of an infant engaged in time on the infant's stomach while awake.  Each group day-care home and listed and registered family home shall comply with the supervision standards.
Added by Acts 2021, 87th Leg., R.S., Ch. 547 (S.B. 225), Sec. 3, 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 42.043. Rules for Immunizations

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

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

Sec. 42.0432.  HEALTH SCREENING REQUIREMENTS FOR CHILD PLACED WITH CHILD-PLACING AGENCY.  (a)  A child-placing agency or general residential operation that contracts with the department to provide services must ensure that the children that are in the managing conservatorship of the department and are placed with the child-placing agency or general residential operation receive a complete early and periodic screening, diagnosis, and treatment checkup in accordance with the requirements specified in the contract between the child-placing agency or general residential operation and the department.
(b)  The commission shall include a provision in a contract with a child-placing agency or general residential operation specifying progressive monetary penalties for the child-placing agency's or general residential operation's failure to comply with Subsection (a).
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 30(a), eff. September 1, 2017.
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 42.0433. Suicide Prevention, Intervention, and Postvention Plan

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

Sec. 42.0441.  INSPECTION RESULTS FOR CERTAIN NONRESIDENTIAL CHILD-CARE FACILITIES.  Immediately after completing a monitoring inspection  of a licensed day-care center, licensed group day-care home, or registered family home under Section 42.044, the authorized representative of the department shall review the results of the monitoring inspection with a representative of the facility and give the facility an opportunity to respond to the inspection results.
Added by Acts 1997, 75th Leg., ch. 253, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1022, Sec. 28, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.97, eff. September 1, 2005.
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 42.04411. Inspection Results and Exit Conference for Residential Child-Care Facilities

Sec. 42.04411.  INSPECTION RESULTS AND EXIT CONFERENCE FOR RESIDENTIAL CHILD-CARE FACILITIES.  (a)  On completion of an inspection of a residential child-care facility under Section 42.044, the inspector shall hold an exit conference with a representative of the inspected facility.  The inspector shall provide to the representative a copy of the inspection checklist used by the inspector.
(b)  The inspector shall provide the representative an opportunity to communicate regarding potential violations.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.98, eff. September 1, 2005.
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 42.04412. Interference With Inspection; Court Order

Sec. 42.04412.  INTERFERENCE WITH INSPECTION; COURT ORDER.  (a)  A person may not interfere with an investigation or inspection of a facility or family home conducted by the department under this chapter.
(b)  During an investigation or inspection of a facility or family home under this chapter, the facility or family home shall cooperate with the department and allow the department to:
(1)  access the records of the facility or family home;
(2)  access any part of the premises of the facility or family home; and
(3)  interview any child, employee, or other person who is present at the facility or family home and who may have information relevant to the investigation or inspection.
(c)  If access to the records or premises of the facility or family home cannot be obtained, a district court in Travis County or in the county in which the facility or family home is located, for good cause shown and without prior notice or a hearing, shall issue an order granting the department access to the records or premises in order to conduct the inspection, investigation, or interview.
(d)  To assist the department in investigating whether a person is operating a facility or family home without a required license, certification, registration, or listing, a district court in Travis County or in the county in which the suspected facility or family home is located may, for good cause shown and without prior notice or a hearing, issue an order allowing the department to enter the suspected facility or family home at a time when the department's evidence shows that the suspected facility or family home may be providing child care subject to regulation under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 9, eff. September 1, 2009.
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 42.0442. Coordination of Inspections; Elimination of Duplicative Inspections

Sec. 42.0442.  COORDINATION OF INSPECTIONS;  ELIMINATION OF DUPLICATIVE INSPECTIONS.  (a)  The department shall coordinate monitoring inspections of licensed day-care centers, licensed group day-care homes, and registered family homes performed by another state agency to eliminate redundant inspections.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 946 , Sec. 1.04(c), eff. September 1, 2015.
(c)   Each state agency that inspects a facility listed in Subsection (a) shall use an inspection checklist established by the department in performing an inspection.  A state agency shall make a copy of the completed inspection checklist available to the facility at the facility's request to assist the facility in maintaining records.
(d)  The department shall provide to facilities listed in Subsection (a) information regarding inspections, including who may inspect a facility and the purpose of each type of inspection.
Added by Acts 1997, 75th Leg., ch. 253, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1022, Sec. 28, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 169, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.220, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 1.04(b), eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 1.04(c), eff. September 1, 2015.
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 42.04425. Inspection Information Database

Sec. 42.04425.  INSPECTION INFORMATION DATABASE.  (a)  If feasible using available information systems, the commission shall establish a computerized database containing relevant inspection information on all licensed facilities and registered family homes obtained from other state agencies and political subdivisions of the state.
(b)  The commission shall make the data collected by the commission available to another state agency or political subdivision of the state for the purpose of administering programs or enforcing laws within the jurisdiction of that agency or subdivision.  If feasible using available information systems, the commission shall make the data directly available to the Texas Workforce Commission through electronic information systems.  The commission and the Texas Workforce Commission shall jointly plan the development of child-care inspection databases that, to the extent feasible, are similar in their design and architecture to promote the sharing of data.
(c)  The commission shall provide at a minimum five years of inspection data for all facilities licensed or family homes registered under this chapter to enhance consumer choice with respect to those facilities and homes.
(d)  The commission shall provide with the inspection data described by Subsection (c) a minimum of five years of investigative data for listed family homes regulated under this chapter to enhance consumer choice with respect to those homes.
Added by Acts 1997, 75th Leg., ch. 253, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1022, Sec. 28, eff. Sept. 1, 1997.
Redesignated from Human Resources Code, Section 42.0443 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(32), eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.221, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 588 (S.B. 568), Sec. 3, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 589 (S.B. 569), Sec. 3, eff. September 1, 2019.
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 42.0443. Coordination of Fire Safety and Sanitation Inspections

Sec. 42.0443.  COORDINATION OF FIRE SAFETY AND SANITATION INSPECTIONS.  (a)  The department may not inspect a licensed day-care center, licensed group day-care home, or registered family home for compliance with the department's fire safety or sanitation standards if the facility, at the time of the department's inspection, provides the department with documentation relating to a current fire safety or sanitation inspection, as applicable, performed by a political subdivision of this state that indicates that the facility is in compliance with the applicable standards of the political subdivision.
(b)  If the documentation provided under Subsection (a) indicates that the facility was required to take corrective action or that the political subdivision imposed a restriction or condition on the facility, the department shall determine whether the facility took the required corrective action or complied with the restriction or condition.
(c)  The department may inspect a facility subject to this section for compliance with the department's fire safety or sanitation standards if:
(1)  the facility does not provide the documentation described by Subsection (a);  or
(2)  the department determines that the facility did not take a corrective action or comply with a restriction or condition described by Subsection (b).
(d)  Notwithstanding any other provision of this section, the department shall report to the appropriate political subdivision any violation of fire safety or sanitation standards observed by the department at a facility subject to this section.
(e)  The executive commissioner shall adopt rules necessary to implement this section.
Added by Acts 2003, 78th Leg., ch. 709, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.222, eff. April 2, 2015.
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 42.04431. Enforcement of State Law by County or Municipality

Sec. 42.04431.  ENFORCEMENT OF STATE LAW BY COUNTY OR MUNICIPALITY.  (a)  A municipality or a county may enforce state law and rules adopted under state law concerning fire safety standards at a licensed group day-care home or a registered family home.
(b)  A municipality or county shall report to the department any violation of fire safety standards observed by the municipality or county at a licensed group day-care home or registered family home.
Added by Acts 2011, 82nd Leg., R.S., Ch. 354 (H.B. 3547), Sec. 1, eff. September 1, 2011.
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 42.0445. Required Background Search of Central Registry of Reported Cases of Child Abuse or Neglect

Sec. 42.0445.  REQUIRED BACKGROUND SEARCH OF CENTRAL REGISTRY OF REPORTED CASES OF CHILD ABUSE OR NEGLECT.  (a)  Before the department issues a license, listing, registration, or certification under this subchapter, the department shall search the central registry of reported cases of child abuse or neglect established under Section 261.002, Family Code, to determine whether the applicant or the owner or an employee of the facility or family home is listed in the registry as a person who abused or neglected a child.
(b)  The executive commissioner may adopt rules to implement this section.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 29, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 33, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.223, eff. April 2, 2015.
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 42.0446. Removal of Certain Investigation Information From Internet Website

Sec. 42.0446.  REMOVAL OF CERTAIN INVESTIGATION INFORMATION FROM INTERNET WEBSITE.  The executive commissioner shall adopt rules providing a procedure by which the commission removes from the commission's Internet website information on a child-care facility or registered or listed family home that relates to an anonymous complaint alleging the facility or family home failed to comply with the commission's minimum standards if, at the conclusion of an investigation, the commission determines the complaint is false or lacks factual foundation.
Added by Acts 2005, 79th Leg., Ch. 526 (H.B. 877), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 589 (S.B. 569), Sec. 4, eff. September 1, 2019.
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 42.0447. False Report; Criminal Penalty

Sec. 42.0447.  FALSE REPORT;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly or intentionally files a complaint alleging that a child-care facility or registered or listed family home failed to comply with the commission's minimum standards and the person knows the allegation is false or lacks factual foundation.
(b)  An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that the person has previously been convicted under this section, in which case the offense is a state jail felony.
Added by Acts 2005, 79th Leg., Ch. 526 (H.B. 877), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 589 (S.B. 569), Sec. 5, eff. September 1, 2019.
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 42.0448. Notification of Family Violence Calls

Sec. 42.0448.  NOTIFICATION OF FAMILY VIOLENCE CALLS.  The department shall notify a child-placing agency or a continuum-of-care residential operation that includes a child-placing agency of each family violence report the department receives under Article 5.05, Code of Criminal Procedure, that:
(1)  occurred at an agency foster home; or
(2)  involves a person who resides at an agency foster home.
Added by Acts 2007, 80th Leg., R.S., Ch. 524 (S.B. 723), Sec. 4, eff. June 16, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 50, 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 42.0449. Required Actions After Notice of Family Violence Call

Sec. 42.0449.  REQUIRED ACTIONS AFTER NOTICE OF FAMILY VIOLENCE CALL.  The executive commissioner shall adopt rules specifying the actions that the department, a child-placing agency, and a continuum-of-care residential operation that includes a child-placing agency shall take after receiving notice of a family violence report under Article 5.05, Code of Criminal Procedure, or Section 42.0448 to ensure the health, safety, and welfare of each child residing in the verified agency foster home.
Added by Acts 2007, 80th Leg., R.S., Ch. 524 (S.B. 723), Sec. 4, eff. June 16, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 51, 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 42.045. Records

Sec. 42.045.  RECORDS.  (a)  A person who operates a licensed or certified facility shall maintain individual child development records, individual health records, statistical records, and complete financial records.
(b)  A person who provides adoption services under a license to operate a child-placing agency shall furnish information required by the department to determine whether adoption related income and disbursements are reasonable, appropriate, and in compliance with the department's minimum standards.
(c)  If a child-placing agency terminates operation as a child-placing agency, it shall, after giving notice to the department, transfer its files and records concerning adopted children, their biological families, and their adoptive families to the vital statistics unit of the Department of State Health Services or, after giving notice to the vital statistics unit, to a facility licensed by the department to place children for adoption.
(d)  A child-placing agency shall notify the department of any change of address for an agency foster home.  The child-placing agency shall notify the department of the address change within the earlier of two business days or 72 hours of the date the agency foster home changes its address.
Acts 1979, 66th Leg., p. 2363, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1983, 68th Leg., p. 1782, ch. 342, Sec. 2, eff. Jan. 1, 1984;  Acts 1989, 71st Leg., ch. 707, Sec. 1, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1129, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 524 (S.B. 723), Sec. 5, eff. June 16, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.224, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 52, 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 42.0451. Database of Agency Foster Homes; Information Provided to Department of Public Safety

Sec. 42.0451.  DATABASE OF AGENCY FOSTER HOMES; INFORMATION PROVIDED TO DEPARTMENT OF PUBLIC SAFETY.  (a)  The department shall maintain a database of agency foster homes including the current address for each agency foster home as reported to the department.  The database must be updated on a regular basis.
(b)  The department shall make the database available to the Department of Public Safety for the purposes of Subsection (c).
(c)  The Department of Public Safety shall include the information provided under Subsection (b) in the Texas Crime Information Center database and establish a procedure by which a peace officer or employee of a law enforcement agency who provides the department with a street address is automatically provided information as to whether the address is verified as an agency foster home under this chapter.
(d)  Information provided to the Department of Public Safety under this section is confidential and not subject to disclosure under Chapter 552, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 524 (S.B. 723), Sec. 6, eff. June 16, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 53, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 54, 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 42.0452. Foster Parent Rights and Responsibilities Statement

Sec. 42.0452.  FOSTER PARENT RIGHTS AND RESPONSIBILITIES STATEMENT.  (a)  The department shall develop a statement that lists the rights and responsibilities of a foster parent in an agency foster home and a child-placing agency, as applicable.
(b)  The department shall provide a written copy of the statement developed under Subsection (a) to each foster parent in an agency foster home and to each child-placing agency licensed by the department.  A child-placing agency shall provide a written copy of the statement developed under Subsection (a) to each foster parent in an agency foster home verified by the child-placing agency.
Added by Acts 2009, 81st Leg., R.S., Ch. 939 (H.B. 3137), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 55, 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 42.046. Application for License, Listing, or Registration

Sec. 42.046.   APPLICATION FOR LICENSE, LISTING, OR REGISTRATION.  (a)  An applicant for a license to operate a child-care facility, child-placing agency, or continuum-of-care residential operation or for a listing or registration to operate a family home shall submit to the commission the appropriate fee prescribed by Section 42.054 and a completed application on a form provided by the commission.
(a-1)  The commission shall require the applicant for a license, registration, or listing for a group day-care home or a family home to provide the applicant's name and 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 on the application form.
(b)  The department shall supply the applicant the application form and a copy of the appropriate minimum standards, if applicable.
(c)  After receiving an application, the department shall investigate the applicant and the plan of care for children, if applicable.
(d)  The department shall complete the investigation and decide on an application within two months after the date the department receives a completed application.
(e)  The department may deny an application under this section if the applicant:
(1)  has a residential child-care facility license revoked in another state; or
(2)  is barred from operating a residential child-care facility in another state.
(f)  An applicant for a listing to operate a family home shall submit with the application proof of the applicant's successful completion of safe sleep training in accordance with commission rules.
Acts 1979, 66th Leg., p. 2363, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1985, 69th Leg., ch. 212, Sec. 1, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 239, Sec. 4, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1022, Sec. 30, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1217, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.99, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 56, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 589 (S.B. 569), Sec. 6, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 547 (S.B. 225), Sec. 4, 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 42.0462. Waiver of Notice and Hearing Requirements

Sec. 42.0462.  WAIVER OF NOTICE AND HEARING REQUIREMENTS.  (a)  Subject to Subsection (b), to protect the safety and well-being of residents and employees of a general residential operation that provides comprehensive residential services to children who are victims of trafficking, the commission shall waive the notice and hearing requirements imposed under Section 42.0461 for an applicant who submits to the commission an application to provide trafficking victim services at the applicant's general residential operation.
(b)  This section does not apply to an applicant who submits an application for a license for a general residential operation that provides services to children or young adults with emotional disorders.
Added by Acts 2015, 84th Leg., R.S., Ch. 1057 (H.B. 2070), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 394 (S.B. 781), Sec. 5, 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 42.0463. Expansion of Capacity

Sec. 42.0463.  EXPANSION OF CAPACITY.  (a)  Notwithstanding the limitations established by Section 42.002, the department may:
(1)  develop, by rule, criteria to determine when it may be appropriate to exclude children who are related to a caretaker in determining a residential child-care facility's total capacity; and
(2)  issue an exception in accordance with department rules allowing an agency foster home, cottage family home, or specialized child-care home to expand its capacity and care for not more than eight children.
(b)  The department may include children who are related to a caretaker when determining under Subsection (a)(1) whether a residential child-care facility complies with the standards relating to total capacity or child-to-caregiver ratios for the facility.
Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 59, 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 42.047. Consultations

Sec. 42.047.  CONSULTATIONS.  (a)  The department shall offer consultation to potential applicants, applicants, and license, listing, registration, and certification holders about meeting and maintaining standards for licensing, listing, registration, and certification and achieving programs of excellence in child care.
(b)  The department shall offer consultation to prospective and actual users of facilities or homes.
Acts 1979, 66th Leg., p. 2364, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1217, Sec. 6, 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 42.049. Liability Insurance Required

Sec. 42.049.  LIABILITY INSURANCE REQUIRED.  (a)  A license or registration holder under this chapter shall maintain liability insurance coverage in the amount of $300,000 for each occurrence of negligence.  An insurance policy or contract required under this section must cover injury to a child that occurs while the child is on the premises of or in the care of the holder.
(b)  A license or registration holder under this chapter shall annually file with the commission a certificate or other evidence from an insurance company showing that the holder has an unexpired and uncancelled insurance policy or contract that meets the requirements of this section.
(c)  Should the license or registration holder for financial reasons or for lack of availability of an underwriter willing to issue a policy be unable to secure the insurance required under Subsection (a) or should the policy limits be exhausted, the holder shall timely notify the parent or guardian of each child for whom the holder provides care a written notice that the liability coverage is not provided and there will not be a ground for an administrative penalty or suspension or revocation of the holder's license or registration under this chapter.  The holder shall also notify the commission that the coverage is not provided and provide the reason for same.  In no case shall the inability to secure coverage serve to indemnify the holder for damages due to negligence.
(c-1)  The commission shall prescribe a form that a license or registration holder may use to notify a parent or guardian in accordance with Subsection (c) that liability coverage is not provided.  The commission shall post the form on the commission's Internet website.
(d)  The insurance policy or contract shall be maintained at all times in an amount as required by this section.  Failure by a license or registration holder to renew the policy or contract or to maintain the policy or contract in the required amount is a ground for suspension or revocation of the holder's license or registration under this chapter.
Added by Acts 1993, 73rd Leg., ch. 1002, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1217, Sec. 7, eff. Sept. 1, 1997.  Renumbered from Human Resources Code, Sec. 42.0491 and amended by Acts 1997 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 588 (S.B. 568), Sec. 4, 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 42.0495. Liability Insurance Required for Listed Family Homes

Sec. 42.0495.  LIABILITY INSURANCE REQUIRED FOR LISTED FAMILY HOMES.  (a)  A listed family home shall maintain liability insurance coverage in the amount of $300,000 for each occurrence of negligence.  An insurance policy or contract required under this section must cover injury to a child that occurs while the child is on the premises of or in the care of the listed family home.
(b)  A listed family home shall annually file with the commission a certificate or other evidence of coverage from an insurance company demonstrating that the listed family home has an unexpired and uncanceled insurance policy or contract that meets the requirements of this section.
(c)  If a listed family home is unable to secure a policy or contract required under this section for financial reasons or for lack of availability of an underwriter willing to issue a policy or contract or the home's policy or contract limits are exhausted, the home shall timely provide written notice to the parent or guardian of each child attending the home that the liability coverage is not provided.
(d)  A listed family home described by Subsection (c) shall timely provide written notice to the commission that the home is unable to secure liability insurance and the reason the insurance could not be secured.
(e)  If a listed family home complies with the notice requirements under this section, the commission may not assess an administrative penalty or suspend or revoke the family home's listing for violating Subsection (a).  This subsection may not be construed to indemnify a family home for damages due to negligence.
Added by Acts 2019, 86th Leg., R.S., Ch. 589 (S.B. 569), 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 42.050. License Renewal

Sec. 42.050.  LICENSE RENEWAL.  (a)  A license holder may apply for renewal of a license in compliance with the requirements of this chapter and commission rules.
(b)  The application for renewal of a license must be completed and decided on by the commission before the expiration of the license under which a facility is operating.
(c)  The commission shall evaluate the application for renewal of a license to determine if all licensing requirements are met and whether the facility has been cited for repeated violations or has established a pattern of violations during the preceding five years.  The evaluation may include a specified number of visits to the facility and must include a review of all required forms and records.  If the commission determines the facility has repeated violations or an established pattern of violations, before the commission renews the license the commission may place restrictions, conditions, or additional requirements on the license to ensure the violations cease.
(c-1)  The commission may not renew the license of a facility cited for a violation that is not corrected by the required compliance date unless the violation is pending an administrative review under commission rules or pending review as a contested case under Chapter 2001, Government Code.
(d)  The executive commissioner shall adopt rules governing the license renewal process for all licenses issued under this chapter.  The rules must include:
(1)  renewal periods;
(2)  a process for staggered renewals;
(3)  a process for resolving a late application for renewal;
(4)  expiration dates; and
(5)  conditions for renewal.
Amended by 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. 4.226, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 78, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 78, eff. September 1, 2016.
Acts 2019, 86th Leg., R.S., Ch. 588 (S.B. 568), Sec. 5, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 547 (S.B. 225), Sec. 6, 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 42.051. Initial License

Sec. 42.051.  INITIAL LICENSE.  (a)  The department shall issue an initial license when a facility's plans meet the department's licensing requirements and one of the following situations exists:
(1)  the facility is not currently operating;
(2)  the facility has relocated and has made changes in the type of child-care service it provides; or
(3)  there is a change in ownership of the facility resulting in changes in policy and procedure or in the staff who have direct contact with the children.
(b)  An initial license is valid for six months from the date it is issued and may be renewed for an additional six months.
Acts 1979, 66th Leg., p. 2365, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1989, 71st Leg., ch. 707, Sec. 2, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.101, 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 42.0521. Deposit of Fees

Sec. 42.0521.  DEPOSIT OF FEES.  The fees authorized by this chapter and received by the department shall be deposited in the general revenue fund.
Added by Acts 1985, 69th Leg., ch. 239, Sec. 5, eff. Sept. 1, 1985.