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 D. Remedies › Section 42.074. Injunctive Relief

Sec. 42.074.  INJUNCTIVE RELIEF.  (a)  The department may file suit in a district court in Travis County or in the county in which a facility or family home is located for assessment and recovery of a civil penalty under Section 42.075, for injunctive relief, including a temporary restraining order, or for both a civil penalty and injunctive relief when it appears that a person:
(1)  has violated, is violating, or is threatening to violate the licensing, certification, listing, or registration requirements of this chapter or the department's licensing, certification, listing, or registration rules and standards; or
(2)  knowingly fails to meet or maintain an exemption authorized under Section 42.041 and engages in activities that require a license or registration.
(b)  The district court shall grant the injunctive relief the facts may warrant.
(c)  At the department's request, the attorney general or the county or district attorney of the county in which the facility or family home is located shall conduct a suit in the name of the State of Texas for injunctive relief, to recover the civil penalty, or for both injunctive relief and civil penalties as authorized by Subsection (a).
(d)  Injunctive relief provided by this section is in addition to any other action, proceeding, or remedy authorized by law.  It is not necessary to allege or prove in an action filed under this section that an adequate remedy at law does not exist or that substantial or irreparable harm would result from the continued violation.
(e)  The department is not required to give an appeal bond in an action arising under this section.
Acts 1979, 66th Leg., p. 2367, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1987, 70th Leg., ch. 1052, Sec. 4.09, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 1022, Sec. 39, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1217, Sec. 15, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 15, 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 D. Remedies › Section 42.075. Civil Penalty

Sec. 42.075.  CIVIL PENALTY.  (a)  A person is subject to a civil penalty of not less than $50 nor more than $100 for each day of violation and for each act of violation if the person:
(1)  threatens serious harm to a child in a facility or family home by violating a provision of this chapter or a department rule or standard;
(2)  violates a provision of this chapter or a department rule or standard three or more times within a 12-month period;
(3)  places a public advertisement for an unlicensed facility or an unlisted or unregistered family home;
(4)  knowingly fails to meet or maintain any criterion of an exemption authorized under Section 42.041 and engages in activities that require a license or registration; or
(5)  fails to inform the department of a change in status and the person knows the change in status requires the person to be licensed or registered under this chapter.
(b)  The civil penalty authorized by this section is cumulative and in addition to the criminal penalties and injunctive relief provided by this chapter.
Acts 1979, 66th Leg., p. 2367, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 40, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1217, Sec. 16, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 16, 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 D. Remedies › Section 42.076. Criminal Penalties

Sec. 42.076.  CRIMINAL PENALTIES.  (a)  A person who operates a child-care facility or child-placing agency without a license commits a Class B misdemeanor.
(b)  A person who operates a family home without a required listing or registration commits a Class B misdemeanor.
(c)  A person who places a public advertisement for an unlicensed facility or an unlisted or unregistered family home commits a Class C misdemeanor.
(d)  It is not an offense under this section if a professional provides legal or medical services to:
(1)  a parent who identifies the prospective adoptive parent and places the child for adoption without the assistance of the professional;  or
(2)  a prospective adoptive parent who identifies a parent and receives placement of a child for adoption without assistance of the professional.
Acts 1979, 66th Leg., p. 2367, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1985, 69th Leg., ch. 915, Sec. 2, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 411, Sec. 2, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 664, Sec. 5, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1022, Sec. 41, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1217, Sec. 17, 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 42.0761. Criminal Penalty for Operating Day-Care Center Without Qualified Director

Sec. 42.0761.  CRIMINAL PENALTY FOR OPERATING DAY-CARE CENTER WITHOUT QUALIFIED DIRECTOR.  (a)  An owner or operator of a day-care center commits an offense if the owner or operator knowingly operates the day-care center:
(1)  without a director who meets the qualifications of a director prescribed by department rules or an interim director under Section 42.04201; or
(2)  without the routine presence during the day-care center's hours of operation of a director or an interim director described by Subdivision (1).
(b)  An offense under this section is a Class B misdemeanor.
Added by Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 41, eff. September 1, 2007.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1097 (S.B. 1327), Sec. 2, 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 D. Remedies › Section 42.079. Cease and Desist Order

Sec. 42.079.  CEASE AND DESIST ORDER. (a) If it appears to the department that a person who is not licensed, certified, registered, or listed under this chapter is operating a child-care facility or family home, the department, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from operating the facility or home.
(b)  A violation of an order under this section constitutes grounds for imposing an administrative penalty under Section 42.078.
Added by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 83, eff. September 1, 2015.
Added by Acts 2015, 84th Leg., R.S., Ch. 1057 (H.B. 2070), Sec. 5, 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 D. Remedies › Section 42.080. Disciplinary Action Prohibited

Sec. 42.080.  DISCIPLINARY ACTION PROHIBITED.  The commission may not issue a citation to or take any other disciplinary action against a general residential operation or a child-placing agency for failing to employ a licensed child-care administrator or licensed child-placing administrator, as appropriate, if the operation or agency has:
(1)  been without an administrator for less than 60 days; and
(2)  made substantial efforts to hire a qualified administrator.
Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 22, 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 F. Regulation of Employer-Based Day-Care Facilities › Section 42.151. Definitions

Sec. 42.151.  DEFINITIONS.  In this subchapter:
(1)  "Employer-based day-care facility" means a day-care facility that is:
(A)  operated by a small employer to provide care to not more than 12 children of the employer's employees; and
(B)  located on the employer's premises.
(2)  "Small employer" means a corporation, partnership, sole proprietorship, or other legal entity that employs fewer than 100 full-time employees.
Added by Acts 2007, 80th Leg., R.S., Ch. 1414 (H.B. 1385), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 89 (H.B. 415), Sec. 1, 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 F. Regulation of Employer-Based Day-Care Facilities › Section 42.152. Permit Required

Sec. 42.152.  PERMIT REQUIRED.  (a)  Except as provided by Subsection (b), a small employer may not operate an employer-based day-care facility unless the employer holds a permit issued by the department under this subchapter.
(b)  A small employer is not required to obtain a permit to operate an employer-based day-care facility under this subchapter if the employer holds a license to operate a child-care facility that is issued by the department under Subchapter C.  An employer that holds that license must comply with the applicable provisions of Subchapter C, the applicable department rules, and any specific terms of the license.
(c)  Notwithstanding any other law, including Section 42.041, a small employer that holds a permit issued under this subchapter is not required to hold a license under Subchapter C to operate an employer-based day-care facility.
Added by Acts 2007, 80th Leg., R.S., Ch. 1414 (H.B. 1385), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.240, 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 F. Regulation of Employer-Based Day-Care Facilities › Section 42.153. Application; Initial Inspection and Background and Criminal History Checks

Sec. 42.153.  APPLICATION; INITIAL INSPECTION AND BACKGROUND AND CRIMINAL HISTORY CHECKS.  (a)  The department shall develop and implement a streamlined procedure by which a small employer may apply for and be issued a permit to operate an employer-based day-care facility.  The employer must submit an application for the permit to the department on a form prescribed by the department.
(b)  Except as provided by Section 42.154, on receipt of a small employer's application for a permit, the department shall:
(1)  conduct an initial inspection of the employer-based day-care facility to ensure that the employer is able to comply with the provisions of this subchapter and that the facility complies with the fire safety and sanitation standards of the political subdivision in which the facility is located; and
(2)  conduct a background and criminal history check on each prospective caregiver whose name is submitted as required by Section 42.159(a).
(c)  The department may charge an applicant an administrative fee set by the executive commissioner by rule in a reasonable amount that is sufficient to cover the costs of the department in processing the application.
(d)  The department shall process an application not later than the 30th day after the date the department receives all of the required information.
Added by Acts 2007, 80th Leg., R.S., Ch. 1414 (H.B. 1385), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.241, 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 F. Regulation of Employer-Based Day-Care Facilities › Section 42.154. Conversion of License

Sec. 42.154.  CONVERSION OF LICENSE.  (a)  The department shall develop and implement a procedure by which a small employer that holds a license to operate a child-care facility that is issued under Subchapter C before September 1, 2007, may convert the license to a permit under this subchapter.  The procedure must include an abbreviated application form for use by the employer in applying for the permit.
(b)  The department may waive the requirements under Section 42.153(b) for an initial inspection or background and criminal history checks with respect to a facility operated by a small employer seeking to convert a license to a permit under this section if the department determines that previously conducted inspections or background and criminal history checks, as applicable, are sufficient to ensure the safety of children receiving care at the facility.
Added by Acts 2007, 80th Leg., R.S., Ch. 1414 (H.B. 1385), Sec. 2, 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 F. Regulation of Employer-Based Day-Care Facilities › Section 42.155. Parent or Guardian Within Immediate Vicinity

Sec. 42.155.  PARENT OR GUARDIAN WITHIN IMMEDIATE VICINITY.  An employer-based day-care facility operating under this subchapter may provide care only for a child whose parent or guardian:
(1)  is an employee of the small employer to which the permit to operate the facility was issued;
(2)  works within the same building in which the facility is located; and
(3)  is away from that building only for limited periods, as defined by department rules, during the hours the child is receiving care.
Added by Acts 2007, 80th Leg., R.S., Ch. 1414 (H.B. 1385), Sec. 2, 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 F. Regulation of Employer-Based Day-Care Facilities › Section 42.156. Caregiver-to-Child Ratio

Sec. 42.156.  CAREGIVER-TO-CHILD RATIO.  An employer-based day-care facility operating under this subchapter shall maintain a caregiver-to-child ratio of at least one caregiver to every four children receiving care.
Added by Acts 2007, 80th Leg., R.S., Ch. 1414 (H.B. 1385), Sec. 2, 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 F. Regulation of Employer-Based Day-Care Facilities › Section 42.157. Minimum Standards

Sec. 42.157.  MINIMUM STANDARDS.  The department shall encourage an employer-based day-care facility operating under this subchapter to comply with the minimum standards applicable to a child-care facility licensed under Subchapter C.
Added by Acts 2007, 80th Leg., R.S., Ch. 1414 (H.B. 1385), Sec. 2, 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 F. Regulation of Employer-Based Day-Care Facilities › Section 42.158. Caregiver Qualifications

Sec. 42.158.  CAREGIVER QUALIFICATIONS.  A caregiver employed by an employer-based day-care facility operating under this subchapter must:
(1)  be at least 18 years of age;
(2)  have received a high school diploma or its equivalent, as determined by the department;
(3)  receive at least the minimum training required for an employee of a licensed day-care center as prescribed by department rules in accordance with Sections 42.042(p) and 42.0421;
(4)  have a Child Development Associate or Certified Child-Care Professional credential or an equivalent credential, as determined by the department; and
(5)  not have been precluded from providing direct care or having direct access to a child by the department based on the results of a background and criminal history check conducted under Section 42.159.
Added by Acts 2007, 80th Leg., R.S., Ch. 1414 (H.B. 1385), Sec. 2, 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 F. Regulation of Employer-Based Day-Care Facilities › Section 42.160. Applicability of Other Law

Sec. 42.160.  APPLICABILITY OF OTHER LAW.  Except as otherwise provided by this subchapter, an employer-based day-care facility operating under this subchapter is not a child-care facility, as defined by Section 42.002, and the provisions of this chapter and the department's rules that apply to a child-care facility licensed under Subchapter C do not apply to an employer-based day-care facility.
Added by Acts 2007, 80th Leg., R.S., Ch. 1414 (H.B. 1385), Sec. 2, 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 F. Regulation of Employer-Based Day-Care Facilities › Section 42.161. Reporting of Incidents and Violations

Sec. 42.161.  REPORTING OF INCIDENTS AND VIOLATIONS.  An employer-based day-care facility operating under this subchapter and each employee of that facility are subject to the reporting requirements of Section 42.063 to the same extent a licensed child-care facility and employees of licensed child-care facilities are subject to that section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1414 (H.B. 1385), Sec. 2, 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 F. Regulation of Employer-Based Day-Care Facilities › Section 42.162. Authority to Conduct Limited Inspections

Sec. 42.162.  AUTHORITY TO CONDUCT LIMITED INSPECTIONS.  (a)  The department may inspect an employer-based day-care facility operating under this subchapter if the department receives a complaint or report of child abuse or neglect alleged to have occurred at the facility.
(b)  If the department inspects an employer-based day-care facility as authorized by this section, the department may require the small employer operating the facility to take appropriate corrective action the department determines necessary to comply with the requirements of this subchapter and to ensure the health and safety of children receiving care at the facility.  The department may continue to inspect the facility until corrective action is taken and for a reasonable time after that action is taken to ensure continued compliance.
(c)  The department may charge a small employer issued a permit under this subchapter a reasonable fee set by the executive commissioner by rule for the cost of services provided by the department in formulating, monitoring, and implementing a corrective action plan under this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1414 (H.B. 1385), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.243, 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 F. Regulation of Employer-Based Day-Care Facilities › Section 42.163. Suspension, Denial, or Revocation

Sec. 42.163.  SUSPENSION, DENIAL, OR REVOCATION.  (a)  The department may suspend, deny, or revoke a permit issued to a small employer under this subchapter if the employer does not comply with the provisions of this subchapter or any applicable department rules.
(b)  The department may refuse to issue a permit under this subchapter to a small employer that had its authorization to operate a child-care facility issued under another subchapter revoked, suspended, or not renewed for a reason relating to child health or safety as determined by the department.
(c)  An employer-based day-care facility is subject to the emergency suspension of its permit to operate and to closure under Section 42.073 to the same extent and in the same manner as a licensed child-care facility is subject to that section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1414 (H.B. 1385), Sec. 2, 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 G. Regulation of Temporary Shelter Day-Care Facilities › Section 42.201. Definitions

Sec. 42.201.  DEFINITIONS.  In this subchapter:
(1)  "Shelter" means a supervised publicly or privately operated shelter or other facility that is designed to provide temporary living accommodations to individuals and families, including a family violence shelter, a homeless shelter, and an emergency shelter.  The term does not include a temporary facility established in response to a natural or other disaster.
(2)  "Shelter care" means child care that is provided:
(A)  to seven or more children under 14 years of age who temporarily reside at a shelter each with an adult who is related to the child by blood or who is the child's managing conservator;
(B)  by a person who is not a temporary resident of a shelter; and
(C)  while the adult described by Paragraph (A) is away from the shelter.
(3)  "Shelter day-care facility" means a shelter that provides shelter care for not more than 24 hours a day, but at least four hours a day, three or more days a week.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 10, eff. September 1, 2012.
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 G. Regulation of Temporary Shelter Day-Care Facilities › Section 42.202. Permit Required

Sec. 42.202.  PERMIT REQUIRED.  (a)  Except as provided by Subsections (b) and (e), a shelter may not provide shelter care unless the shelter holds a permit issued by the department under this subchapter.
(b)  A shelter is not required to obtain a permit to provide shelter care under this subchapter if the shelter holds a license to operate a child-care facility that is issued by the department under Subchapter C.  A shelter that holds that license must comply with the applicable provisions of Subchapter C, the applicable department rules, and any specific terms of the license.
(c)  Notwithstanding any other law, including Section 42.041, a shelter that holds a permit issued under this subchapter is not required to hold a license under Subchapter C to operate a shelter day-care facility.
(d)  The department may not issue a permit under this subchapter to a shelter that provides child care to a child who is not a resident of the shelter.  A shelter that provides child care described by this subsection must hold a license to operate a child-care facility issued under Subchapter C.
(e)  A shelter is not required to obtain a permit under this subchapter or a license under Subchapter C if the shelter provides shelter care for:
(1)  less than four hours a day or for less than three days a week; or
(2)  six or fewer children.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 10, eff. September 1, 2012.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.244, 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 G. Regulation of Temporary Shelter Day-Care Facilities › Section 42.203. Application; Initial Inspection and Background and Criminal History Checks

Sec. 42.203.  APPLICATION; INITIAL INSPECTION AND BACKGROUND AND CRIMINAL HISTORY CHECKS.  (a)  The department shall develop and implement a streamlined procedure by which a shelter may apply for and be issued a permit to operate a shelter day-care facility.  The shelter must submit an application for the permit to the department on a form prescribed by the department.
(b)  Except as provided by Section 42.204, on receipt of a shelter's application for a permit, the department shall:
(1)  conduct an initial inspection of the shelter day-care facility to ensure that the shelter is able to comply with the provisions of this subchapter and that the facility complies with the fire safety and sanitation standards of the political subdivision in which the facility is located; and
(2)  conduct a background and criminal history check on each prospective caregiver whose name is submitted as required by Section 42.206(a).
(c)  The department may charge an applicant an administrative fee set by the executive commissioner by rule in a reasonable amount that is sufficient to cover the costs of the department in processing the application.
(d)  The department shall process an application not later than the 30th day after the date the department receives all of the required information.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 10, eff. September 1, 2012.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.245, 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 G. Regulation of Temporary Shelter Day-Care Facilities › Section 42.204. Conversion of License

Sec. 42.204.  CONVERSION OF LICENSE.  (a)  The department shall develop and implement a procedure by which a shelter that holds a license to operate a child-care facility that is issued under Subchapter C before September 1, 2012, may convert the license to a permit under this subchapter.  The procedure must include an abbreviated application form for use by the shelter in applying for the permit.
(b)  The department may waive the requirements under Section 42.203(b) for an initial inspection or background and criminal history checks with respect to a licensed child-care facility seeking to convert a license to a permit under this section if the department determines that previously conducted inspections or background and criminal history checks, as applicable, are sufficient to ensure the safety of children receiving care at the facility.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 10, eff. September 1, 2012.
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 G. Regulation of Temporary Shelter Day-Care Facilities › Section 42.205. Caregiver Qualifications and Training; Child-to-Caregiver Ratios

Sec. 42.205.  CAREGIVER QUALIFICATIONS AND TRAINING; CHILD-TO-CAREGIVER RATIOS.  (a)  The executive commissioner shall adopt rules that specify the minimum:
(1)  qualifications and training required for a person providing child care in a shelter day-care facility; and
(2)  child-to-caregiver ratios in a shelter day-care facility.
(b)  In adopting rules under this section, the executive commissioner shall consider:
(1)  the special circumstances and needs of families that seek temporary shelter; and
(2)  the role of a shelter in assisting and supporting families in crisis.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 10, eff. September 1, 2012.
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 G. Regulation of Temporary Shelter Day-Care Facilities › Section 42.207. Applicability of Other Law

Sec. 42.207.  APPLICABILITY OF OTHER LAW.  Except as otherwise provided by this subchapter, a shelter day-care facility operating under this subchapter is not a child-care facility, as defined by Section 42.002, and the provisions of this chapter and the department's rules that apply to a child-care facility licensed under Subchapter C do not apply to a shelter day-care facility.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 10, eff. September 1, 2012.
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 G. Regulation of Temporary Shelter Day-Care Facilities › Section 42.208. Reporting of Incidents and Violations

Sec. 42.208.  REPORTING OF INCIDENTS AND VIOLATIONS.  A shelter day-care facility operating under this subchapter and each employee of that facility are subject to the reporting requirements of Section 42.063 to the same extent a licensed child-care facility and employees of licensed child-care facilities are subject to that section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 10, eff. September 1, 2012.
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 G. Regulation of Temporary Shelter Day-Care Facilities › Section 42.209. Authority to Conduct Limited Inspections

Sec. 42.209.  AUTHORITY TO CONDUCT LIMITED INSPECTIONS.  (a)  The department may inspect a shelter day-care facility operating under this subchapter if the department receives a complaint or report of child abuse or neglect alleged to have occurred at the shelter day-care facility.
(b)  If the department inspects a shelter day-care facility as authorized by this section, the department may require the facility to take appropriate corrective action the department determines necessary to comply with the requirements of this subchapter and to ensure the health and safety of children receiving care at the facility.  The department may continue to inspect the facility until corrective action is taken and for a reasonable time after that action is taken to ensure continued compliance.
(c)  The department may charge a shelter issued a permit under this subchapter a reasonable fee set by the executive commissioner by rule for the cost of services provided by the department in formulating, monitoring, and implementing a corrective action plan under this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 10, eff. September 1, 2012.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.247, 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 G. Regulation of Temporary Shelter Day-Care Facilities › Section 42.210. Suspension, Denial, or Revocation

Sec. 42.210.  SUSPENSION, DENIAL, OR REVOCATION.  (a)  The department may suspend, deny, or revoke a permit issued to a shelter under this subchapter if the shelter does not comply with the provisions of this subchapter or any applicable department rules.
(b)  The department may refuse to issue a permit under this subchapter to a shelter that had its authorization to operate a child-care facility issued under another subchapter revoked, suspended, or not renewed for a reason relating to child health or safety as determined by the department.
(c)  A shelter day-care facility is subject to the emergency suspension of its permit to operate and to closure under Section 42.073 to the same extent and in the same manner as a licensed child-care facility is subject to that section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 10, eff. September 1, 2012.
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 H. Regulation of Certain General Residential Operations › Section 42.251. Applicability

Sec. 42.251.  APPLICABILITY.  This subchapter applies only to a general residential operation that:
(1)  provides care for seven or more children or young adults; and
(2)  provides treatment services for children or young adults with emotional disorders.
Added by Acts 2019, 86th Leg., R.S., Ch. 394 (S.B. 781), 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 H. Regulation of Certain General Residential Operations › Section 42.253. Confidentiality of Information Relating to Services for Human Trafficking Victims

Sec. 42.253.  CONFIDENTIALITY OF INFORMATION RELATING TO SERVICES FOR HUMAN TRAFFICKING VICTIMS.  (a)  If an applicant for a license to operate a general residential operation will provide services to victims of human trafficking, any information relating to the provision of services for victims of human trafficking is confidential and the commission may not disclose that information.
(b)  If a hearing is required under Section 42.0461 for an application for a license to operate a general residential operation and the proposed operation will provide services to victims of human trafficking, the applicant is not required to disclose any information relating to the provision of services for victims of human trafficking.
Added by Acts 2019, 86th Leg., R.S., Ch. 394 (S.B. 781), 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 H. Regulation of Certain General Residential Operations › Section 42.254. Duties Relating to Education of Children in General Residential Operation

Sec. 42.254.  DUTIES RELATING TO EDUCATION OF CHILDREN IN GENERAL RESIDENTIAL OPERATION.  (a)  The commission shall collaborate with the Texas Education Agency to determine best practices for educational services in a general residential operation, including the most effective educational plans and best practices for implementing those plans.
(b)  The department shall make available on the department's Internet website information and training regarding trauma-informed practices to assist school districts with training district employees by increasing staff awareness of trauma-informed care.
Added by Acts 2019, 86th Leg., R.S., Ch. 394 (S.B. 781), 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 H. Regulation of Certain General Residential Operations › Section 42.2541. Improving Education Services for Children

Sec. 42.2541.  IMPROVING EDUCATION SERVICES FOR CHILDREN.  (a)  The department shall develop a strategic plan for improving the provision of educational services to children placed in a general residential operation.
(b)  The department shall report to the Texas Education Agency the educational outcomes for children placed in a general residential operation.
(c)  The department and the Texas Education Agency shall annually evaluate the educational outcomes for children placed in a general residential operation and adopt strategies and policies to improve the outcomes and standards.
Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 24, 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 H. Regulation of Certain General Residential Operations › Section 42.255. Hearing Before Renewal of License

Sec. 42.255.  HEARING BEFORE RENEWAL OF LICENSE.  (a)  On request of the commissioners court of a county where a general residential operation is located, the commission shall hold a public hearing to obtain public comments regarding the renewal of the operation's license.
(b)  The commission shall adopt procedures that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue related to renewal of the general residential operation's license, including procedures relating to the conduct of the hearing, the order of witnesses, and the conduct of participants at the hearing.
Added by Acts 2019, 86th Leg., R.S., Ch. 394 (S.B. 781), 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 H. Regulation of Certain General Residential Operations › Section 42.256. Treatment Model

Sec. 42.256.  TREATMENT MODEL.  (a)  Each general residential operation providing treatment services shall, on issuance of an initial or renewal license under this chapter, submit to the commission information on the operation's treatment model.  A general residential operation that contracts with the department to provide residential care for children in foster care shall submit information on the operation's treatment model to the department on execution and renewal of a contract.
(b)  The operation shall annually assess the overall effectiveness of the model adopted under this section.
(c)  The treatment model must address all aspects related to children's care, including children's therapeutic needs.  The model shall include:
(1)  the manner in which treatment goals will be individualized and identified for each child;
(2)  the method the operation will use to measure the effectiveness of each treatment goal for the child;
(3)  the actions the operation will take if the treatment goals are not met; and
(4)  the method the operation will use to monitor and evaluate the effectiveness of the treatment model.
(d)  A general residential operation may change a treatment model adopted under this section after notifying the commission of the change and submitting the new treatment model to the commission.
(e)  The executive commissioner may adopt rules to implement this section.
(f)  The general residential operation shall adopt policies and procedures to implement the treatment model.
Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 24, 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 H. Regulation of Certain General Residential Operations › Section 42.257. Evaluation of Placements

Sec. 42.257.  EVALUATION OF PLACEMENTS.  (a)  A general residential operation that considers accepting a child's placement with the operation shall evaluate the proposed placement on the following criteria:
(1)  whether the child meets the operation's admission criteria;
(2)  whether the child would benefit from the treatment model implemented at the operation; and
(3)  whether the operation has the staff and resources to meet the child's needs considering the other children at the operation and the other children's needs.
(b)  A general residential operation shall ensure that the evaluation under Subsection (a) does not delay the timely placement of a child.
Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 24, 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 H. Regulation of Certain General Residential Operations › Section 42.258. Limit on Placements for New Facility

Sec. 42.258.  LIMIT ON PLACEMENTS FOR NEW FACILITY.  If the department or a single source continuum contractor contracts with a general residential operation providing treatment services to place children with the operation before the operation is licensed, the contract must limit the number of children that may be placed at the operation each month and limit the number of children with a service level of specialized, intense, or intense plus until the operation exhibits sustained compliance with the licensing standards.
Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 24, 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 H. Regulation of Certain General Residential Operations › Section 42.259. Transition Plans

Sec. 42.259.  TRANSITION PLANS.  A general residential operation shall develop a transition plan for each child who has been placed at the operation for longer than six months.
Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 24, 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 H. Regulation of Certain General Residential Operations › Section 42.260. Telehealth Pilot Program

Sec. 42.260.  TELEHEALTH PILOT PROGRAM.  The commission in coordination with the department and single source continuum contractors shall establish guidelines in the STAR Health program to improve the use of telehealth services to provide and enhance mental health and behavioral health care for children placed in the managing conservatorship of the state.
Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 24, 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 43 - Regulation of Child-Care and Child-Placing Agency Administrators › Section 43.001. Definitions

Sec. 43.001.  DEFINITIONS.  In this chapter:
(1)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 746, Sec. 10, eff. September 1, 2013.
(2)  "Child-care administrator" means a person who supervises and exercises direct administrative control over a child-care institution and who is responsible for its program and personnel, whether or not the person has an ownership interest in the institution or shares duties with other persons.
(3)  "Child-placing agency" has the meaning assigned in Section 42.002.
(4)  "Child-placing agency administrator" means a person who supervises and exercises direct control over a child-placing agency and who is responsible for the child-placing agency's program and personnel, regardless of whether the person has an ownership interest in the child-placing agency or shares duties with other persons.
(5)  "Controlling person" has the meaning assigned by Section 42.002.
(6)  "General residential operation" has the meaning assigned by Section 42.002.
(7)  "Permit" means a license, listing, registration, or certification issued to a facility or family home under Chapter 42.
Acts 1979, 66th Leg., p. 2368, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.112, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 746 (S.B. 427), Sec. 5, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 746 (S.B. 427), Sec. 10, eff. September 1, 2013.