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 42.252. Proposed Operational Plan; Licensing Procedures

Sec. 42.252.  PROPOSED OPERATIONAL PLAN; LICENSING  PROCEDURES.  (a)  In addition to the applicable requirements to obtain a license under Subchapter C, a person applying for a license to operate a general residential operation shall submit to the commission a proposed operational plan.
(b)  The executive commissioner shall adopt rules regarding:
(1)  the information that must be included in the operational plan;
(2)  the commission's review of the operational plan; and
(3)  the basis of the commission's determination on whether:
(A)  the plan is complete or incomplete; and
(B)  to deny or approve the plan.
(c)  The operational plan must include:
(1)  a community engagement plan to develop and, if necessary, improve relations between the general residential operation and the community in which the operation is located that includes:
(A)  a summary of any discussions the operation had with:
(i)  local law enforcement; and
(ii)  local health, therapeutic, and recreational resources available to support children at the operation; and
(B)  a summary of the opportunities the children at the operation will have for social interaction in the community;
(2)  an educational plan describing the applicant's plan to provide for the educational needs of the children at the general residential operation that:
(A)  identifies whether the proposed operation will provide for the public or private education of school-age children at the operation;
(B)  identifies whether the proposed operation will provide for the education of school-age children through a local school, off-site charter school, or on-site charter school;
(C)  includes any discussions, plans, and agreements with the local school district, private school, or local charter school that will be providing education to the school-age children at the operation; and
(D)  if the children are to be enrolled in a public school, includes either:
(i)  a statement from the local independent school district on the impact of the proposed child-care services on the local school district; or
(ii)  an explanation of the reasons the operation was unable to obtain a statement described by Subparagraph (i) and a discussion of other alternative educational services that the operation could offer;
(3)  a trauma-informed plan to address unauthorized absences of children from the general residential operation;
(4)  a suicide prevention, intervention, and postvention plan that meets the requirements of Section 42.0433; and
(5)  the qualifications, background, and history, including any compliance history, of each individual who is proposed to be involved in:
(A)  the management of the operation; and
(B)  the educational leadership of the operation if the operation will be using an on-site charter school.
(d)  A person applying for a license to operate a general residential operation shall state in the application if the proposed operation will provide services to children who are victims of human trafficking but is not required to include this information in the operational plan.
(e)  The commission must approve the proposed general residential operation's operational plan before:
(1)  holding a hearing under Section 42.0461, if applicable; or
(2)  granting a license to operate a general residential operation.
(f)  In evaluating an application for a license to operate a general residential operation, the commission may consider:
(1)  evidence gathered through the application review process;
(2)  all parts of the operational plan described by Subsection (c);
(3)  evidence of community support for or opposition to the proposed general residential operation, including any public comment the executive commissioner receives relating to the licensing of the proposed operation; and
(4)  the impact statement from the school district likely to be affected by the proposed general residential operation, including information relating to any financial impact on the district that may result from an increase in enrollment.
(g)  The commission may deny an application for a license to operate a general residential operation if the commission determines that:
(1)  the community has insufficient resources to support children proposed to be served by the applicant;
(2)  granting the license would significantly impact the local school district and would adversely affect the children proposed to be served by the applicant; or
(3)  granting the license would have a significant adverse impact on the community and would limit opportunities for social interaction for the children proposed to be served by the applicant.
Added by Acts 2019, 86th Leg., R.S., Ch. 394 (S.B. 781), Sec. 10, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 23, eff. June 14, 2021.