85R18542 MM-D
By: Koop, Rose, Miller, Keough, Anchia H.B. No. 3788
A BILL TO BE ENTITLED
AN ACT
relating to child-to-caregiver ratios and group sizes in licensed
day-care centers and reporting certain information related to child
safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.0412 to read as follows:
Sec. 42.0412. COLLECTION OF LICENSED DAY-CARE CENTER DATA.
(a) In this section, "group of children" means the number of
children assigned to a specific caregiver or group of caregivers,
occupying an individual classroom or well-defined physical space
within a larger room at a day-care center.
(b) During each monitoring inspection of a licensed
day-care center the department conducts between March 1, 2018, and
May 31, 2018, the department, using existing resources, shall
collect the following data for each group of children four years of
age and younger in the day-care center:
(1) the specified age of the children in the group as
determined by the formula provided in the department's minimum
standards for child-care centers;
(2) the number of children in the group; and
(3) the number of caregivers supervising the children
in the group.
(c) Not later than June 30, 2018, the department shall make
the data collected under Subsection (b) available to community
agencies and institutions of higher education on request.
(d) The department shall collect the following information
for each licensed day-care center from which the department
collected data under Subsection (b) and on request shall provide
the information to community agencies and institutions of higher
education:
(1) the licensed day-care center's program capacity;
(2) the number of confirmed serious injuries and
fatalities for children four years of age and younger that occurred
at the day-care center between September 1, 2017, and August 31,
2018, aggregated by the age of the injured or deceased child;
(3) the number of investigations the department
conducted at the day-care center between September 1, 2017, and
August 31, 2018, involving a child who is four years of age or
younger that were assigned the highest priority or second-highest
priority, aggregated by the age of the youngest affected child; and
(4) the total number of violations that the department
found at the day-care center during investigations described by
Subdivision (3).
(e) The department, using existing resources, shall provide
an annual report to the legislature that includes:
(1) the number of confirmed serious injuries and
fatalities for children four years of age and younger that occurred
at each licensed day-care center, aggregated by the age of the
injured or deceased child;
(2) the priority assigned to the investigation
conducted by the department in response to an incident that
resulted in a serious injury or child fatality;
(3) the number of investigations conducted by the
department at each licensed day-care center involving a child four
years of age or younger that were assigned the highest priority or
second-highest priority, aggregated by the age of the youngest
affected child; and
(4) the number of violations the department found at
each licensed day-care center during investigations described by
Subdivision (3).
(f) This subsection and Subsections (a), (b), (c), and (d)
expire on September 1, 2019.
SECTION 2. Section 42.042, Human Resources Code, is amended
by amending Subsection (m) and adding Subsection (m-1) to read as
follows:
(m) In determining minimum standards relating to
child-to-caregiver [staff-to-child] ratios, group sizes, or square
footage requirements applicable to nonresidential child-care
facilities that provide care for less than 24 hours a day, the
department shall, within available appropriations, conduct a
comprehensive cost-benefit analysis and economic impact study that
includes families and licensed child-care providers.
(m-1) Not later than January 1, 2019, the executive
commissioner shall use the data collected under Section 42.0412 to
determine whether to modify the standards related to
child-to-caregiver ratios and group sizes. In determining whether
to modify the standards, the executive commissioner shall compare
licensed day-care centers that meet the child-to-caregiver ratios
and group size requirements with licensed day-care centers that
have lower child-to-caregiver ratios. The executive commissioner
shall recommend appropriate adjustments to any standards related to
child-to-caregiver ratios or group sizes if the data shows that
day-care centers that meet the minimum child-to-caregiver ratios
and group size requirements have a rate that is 10 percent or higher
than day-care centers with lower child-to-caregiver ratios of:
(1) confirmed serious injuries;
(2) confirmed child fatalities; or
(3) investigations conducted by the department that
are assigned the highest priority or the second-highest priority.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.