85R9021 MCK-F
By: Klick H.B. No. 4093
A BILL TO BE ENTITLED
AN ACT
relating to the licensing of certain facilities, homes, and
agencies that provide child-care services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 109.331(d), Alcoholic Beverage Code, is
amended to read as follows:
(d) This section does not apply to a [foster group home,
foster family home,] family home, specialized child-care [agency
group] home, or agency foster home as those terms are defined by
Section 42.002, Human Resources Code.
SECTION 2. Article 5.04(a-1), Code of Criminal Procedure,
is amended to read as follows:
(a-1) A peace officer who investigates a family violence
allegation or who responds to a disturbance call that may involve
family violence shall determine whether the address of the persons
involved in the allegation or call matches the address of a current
licensed specialized child-care [foster] home or verified agency
foster home listed in the Texas Crime Information Center.
SECTION 3. Articles 5.05(a-1) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a-1) In addition to the written report required under
Subsection (a), a peace officer who investigates a family violence
incident or who responds to a disturbance call that may involve
family violence shall make a report to the Department of Family and
Protective Services if the location of the incident or call, or the
known address of a person involved in the incident or call, matches
the address of a current licensed specialized child-care [foster]
home or a verified agency foster home as listed in the Texas Crime
Information Center. The report under this subsection may be made
orally or electronically and must:
(1) include the information required by Subsection
(a); and
(2) be filed with the Department of Family and
Protective Services within 24 hours of the beginning of the
investigation or receipt of the disturbance call.
(b) Each local law enforcement agency shall establish a
departmental code for identifying and retrieving family violence
reports as outlined in Subsection (a) of this article [section]. A
district or county attorney or an assistant district or county
attorney exercising authority in the county where the law
enforcement agency maintains records under this article [section]
is entitled to access to the records. The Department of Family and
Protective Services is entitled to access the records relating to
any person who is 14 years of age or older and who resides in a
licensed specialized child-care [foster] home or a verified agency
foster home.
SECTION 4. Section 29.081(d), Education Code, is amended to
read as follows:
(d) For purposes of this section, "student at risk of
dropping out of school" includes each student who is under 26 years
of age and who:
(1) was not advanced from one grade level to the next
for one or more school years;
(2) if the student is in grade 7, 8, 9, 10, 11, or 12,
did not maintain an average equivalent to 70 on a scale of 100 in two
or more subjects in the foundation curriculum during a semester in
the preceding or current school year or is not maintaining such an
average in two or more subjects in the foundation curriculum in the
current semester;
(3) did not perform satisfactorily on an assessment
instrument administered to the student under Subchapter B, Chapter
39, and who has not in the previous or current school year
subsequently performed on that instrument or another appropriate
instrument at a level equal to at least 110 percent of the level of
satisfactory performance on that instrument;
(4) if the student is in prekindergarten,
kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
a readiness test or assessment instrument administered during the
current school year;
(5) is pregnant or is a parent;
(6) has been placed in an alternative education
program in accordance with Section 37.006 during the preceding or
current school year;
(7) has been expelled in accordance with Section
37.007 during the preceding or current school year;
(8) is currently on parole, probation, deferred
prosecution, or other conditional release;
(9) was previously reported through the Public
Education Information Management System (PEIMS) to have dropped out
of school;
(10) is a student of limited English proficiency, as
defined by Section 29.052;
(11) is in the custody or care of the Department of
Family and Protective [and Regulatory] Services or has, during the
current school year, been referred to the department by a school
official, officer of the juvenile court, or law enforcement
official;
(12) is homeless, as defined by 42 U.S.C. Section
11302, and its subsequent amendments; or
(13) resided in the preceding school year or resides
in the current school year in a residential placement facility in
the district, including a detention facility, substance abuse
treatment facility, emergency shelter, psychiatric hospital,
halfway house, or general residential operation [foster group
home].
SECTION 5. Section 30.083(a), Education Code, is amended to
read as follows:
(a) The director of services shall develop and administer a
comprehensive statewide plan for educational services for students
who are deaf or hard of hearing, including continuing diagnosis and
evaluation, counseling, and teaching. The plan shall be designed
to accomplish the following objectives:
(1) providing assistance and counseling to parents of
students who are deaf or hard of hearing in regional day school
programs for the deaf and admitting to the programs students who
have a hearing loss that interferes with the processing of
linguistic information;
(2) enabling students who are deaf or hard of hearing
to reside with their parents or guardians and be provided an
appropriate education in their home school districts or in regional
day school programs for the deaf;
(3) enabling students who are deaf or hard of hearing
who are unable to attend schools at their place of residence and
whose parents or guardians live too far from facilities of regional
day school programs for the deaf for daily commuting to be
accommodated in specialized child-care [foster] homes or other
residential school facilities provided for by the agency so that
those children may attend a regional day school program for the
deaf;
(4) enrolling in the Texas School for the Deaf those
students who are deaf or hard of hearing whose needs can best be met
in that school and designating the Texas School for the Deaf as the
statewide educational resource for students who are deaf or hard of
hearing;
(5) encouraging students in regional day school
programs for the deaf to attend general education classes on a
part-time, full-time, or trial basis; and
(6) recognizing the need for development of language
and communications abilities in students who are deaf or hard of
hearing, but also calling for the use of methods of communication
that will meet the needs of each individual student, with each
student assessed thoroughly so as to ascertain the student's
potential for communications through a variety of means, including
through oral or aural means, fingerspelling, or sign language.
SECTION 6. Section 54.04(d), Family Code, is amended to
read as follows:
(d) If the court or jury makes the finding specified in
Subsection (c) allowing the court to make a disposition in the case:
(1) the court or jury may, in addition to any order
required or authorized under Section 54.041 or 54.042, place the
child on probation on such reasonable and lawful terms as the court
may determine:
(A) in the child's own home or in the custody of a
relative or other fit person; or
(B) subject to the finding under Subsection (c)
on the placement of the child outside the child's home, in:
(i) a suitable specialized child-care
[foster] home, as defined by Section 42.002, Human Resources Code;
(ii) a suitable public or private
residential treatment facility licensed by a state governmental
entity or exempted from licensure by state law, except a facility
operated by the Texas Juvenile Justice Department; or
(iii) a suitable public or private
post-adjudication secure correctional facility that meets the
requirements of Section 51.125, except a facility operated by the
Texas Juvenile Justice Department;
(2) if the court or jury found at the conclusion of the
adjudication hearing that the child engaged in delinquent conduct
that violates a penal law of this state or the United States of the
grade of felony, the court or jury made a special commitment finding
under Section 54.04013, and the petition was not approved by the
grand jury under Section 53.045, the court may commit the child to
the Texas Juvenile Justice Department under Section 54.04013, or a
post-adjudication secure correctional facility under Section
54.04011(c)(1), as applicable, without a determinate sentence;
(3) if the court or jury found at the conclusion of the
adjudication hearing that the child engaged in delinquent conduct
that included a violation of a penal law listed in Section 53.045(a)
and if the petition was approved by the grand jury under Section
53.045, the court or jury may sentence the child to commitment in
the Texas Juvenile Justice Department or a post-adjudication secure
correctional facility under Section 54.04011(c)(2) with a possible
transfer to the Texas Department of Criminal Justice for a term of:
(A) not more than 40 years if the conduct
constitutes:
(i) a capital felony;
(ii) a felony of the first degree; or
(iii) an aggravated controlled substance
felony;
(B) not more than 20 years if the conduct
constitutes a felony of the second degree; or
(C) not more than 10 years if the conduct
constitutes a felony of the third degree;
(4) the court may assign the child an appropriate
sanction level and sanctions as provided by the assignment
guidelines in Section 59.003;
(5) the court may place the child in a suitable
nonsecure correctional facility that is registered and meets the
applicable standards for the facility as provided by Section
51.126; or
(6) if applicable, the court or jury may make a
disposition under Subsection (m) or Section 54.04011(c)(2)(A).
SECTION 7. Section 101.0133, Family Code, is amended to
read as follows:
Sec. 101.0133. FOSTER CARE. "Foster care" means the
placement of a child who is in the conservatorship of the Department
of Family and Protective Services and in care outside the child's
home in an [agency foster group home,] agency foster home,
specialized child-care [foster group] home, foster family
operation, general residential operation [home], or another
facility licensed or certified under Chapter 42, Human Resources
Code, in which care is provided for 24 hours a day.
SECTION 8. Section 101.017, Family Code, is amended to read
as follows:
Sec. 101.017. LICENSED CHILD PLACING AGENCY. "Licensed
child placing agency" means a person, including an organization or
corporation, licensed or certified under Chapter 42, Human
Resources Code, by the Department of Family and Protective Services
to place a child in a child-care facility, agency foster home,
general residential operation [agency foster group home], or
adoptive home.
SECTION 9. Section 162.0062(b), Family Code, is amended to
read as follows:
(b) The records described by Subsection (a) must include any
records relating to an investigation of abuse in which the child was
an alleged or confirmed victim of sexual abuse while residing in a
specialized child-care [foster] home or other residential
child-care facility. If the licensed child-placing agency or other
person placing the child for adoption does not have the information
required by this subsection, the department, at the request of the
licensed child-placing agency or other person placing the child for
adoption, shall provide the information to the prospective adoptive
parents of the child.
SECTION 10. Section 262.011, Family Code, as added by
Chapter 338 (H.B. 418), Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
Sec. 262.011. PLACEMENT IN SECURE AGENCY FOSTER HOME [OR
SECURE AGENCY FOSTER GROUP HOME]. A court in an emergency, initial,
or full adversary hearing conducted under this chapter may order
that the child who is the subject of the hearing be placed in a
secure agency foster home [or secure agency foster group home]
verified in accordance with Section 42.0531, Human Resources Code,
if the court finds that:
(1) the placement is in the best interest of the child;
and
(2) the child's physical health or safety is in danger
because the child has been recruited, harbored, transported,
provided, or obtained for forced labor or commercial sexual
activity, including any child subjected to an act specified in
Section 20A.02 or 20A.03, Penal Code.
SECTION 11. Section 263.008(a)(1), Family Code, is amended
to read as follows:
(1) "Agency foster [group] home[,]" and ["agency
foster home,"] "facility[,]" ["foster group home," and "foster
home"] have the meanings assigned by Section 42.002, Human
Resources Code.
SECTION 12. Section 263.008(e), Family Code, is amended to
read as follows:
(e) A specialized child-care [An agency foster group] home,
agency foster home[, foster group home, foster home], or other
facility in which a child is placed in foster care shall provide a
copy of the foster children's bill of rights to a child on the
child's request. The foster children's bill of rights must be
printed in English and in a second language.
SECTION 13. Section 264.0111(a), Family Code, is amended to
read as follows:
(a) A child for whom the department has been appointed
managing conservator and who has been placed by the department in a
residential [foster home or] child-care facility [institution] as
defined by Chapter 42, Human Resources Code, is entitled to keep any
money earned by the child during the time of the child's placement.
SECTION 14. Section 264.101(a), Family Code, is amended to
read as follows:
(a) The department may pay the cost of foster care for a
child only if:
(1) the child has been placed by the department in a
[foster home or other] residential child-care facility, as defined
by Chapter 42, Human Resources Code, or in a comparable residential
facility in another state; and
(2) the department:
(A) has initiated suit and been named conservator
of the child; or
(B) has the duty of care, control, and custody
after taking possession of the child in an emergency without a prior
court order as authorized by this subtitle.
SECTION 15. Sections 264.751(1) and (3), Family Code, are
amended to read as follows:
(1) "Designated caregiver" means an individual who has
a longstanding and significant relationship with a child for whom
the department has been appointed managing conservator and who:
(A) is appointed to provide substitute care for
the child, but is not licensed by the department or verified by a
licensed child-placing agency or the department to operate a
specialized child-care [foster home, foster group] home or[,]
agency foster home[, or agency foster group home] under Chapter 42,
Human Resources Code; or
(B) is subsequently appointed permanent managing
conservator of the child after providing the care described by
Paragraph (A).
(3) "Relative caregiver" means a relative who:
(A) provides substitute care for a child for whom
the department has been appointed managing conservator, but who is
not licensed by the department or verified by a licensed
child-placing agency or the department to operate a specialized
child-care [foster] home, general residential operation [foster
group home], agency foster home, or foster family operation [agency
foster group home] under Chapter 42, Human Resources Code; or
(B) is subsequently appointed permanent managing
conservator of the child after providing the care described by
Paragraph (A).
SECTION 16. Section 264.760, Family Code, is amended to
read as follows:
Sec. 264.760. ELIGIBILITY FOR FOSTER CARE PAYMENTS AND
PERMANENCY CARE ASSISTANCE. Notwithstanding any other provision of
this subchapter, a relative or other designated caregiver who
becomes licensed by the department or verified by a licensed
child-placing agency or the department to operate a specialized
child-care [foster] home or [, foster group home,] agency foster
home[, or agency foster group home] under Chapter 42, Human
Resources Code, may receive foster care payments in lieu of the
benefits provided by this subchapter, beginning with the first
month in which the relative or other designated caregiver becomes
licensed or is verified.
SECTION 17. Section 264.8521, Family Code, is amended to
read as follows:
Sec. 264.8521. NOTICE TO APPLICANTS. At the time a person
applies to become licensed by the department or verified by a
licensed child-placing agency or the department to provide foster
care in order to qualify for the permanency care assistance
program, the department or the child-placing agency shall:
(1) notify the applicant that a background check,
including a criminal history record check, will be conducted on the
individual; and
(2) inform the applicant about criminal convictions
that:
(A) preclude an individual from becoming a
licensed specialized child-care [foster] home or verified agency
foster home; and
(B) may also be considered in evaluating the
individual's application.
SECTION 18. Section 531.151(3), Government Code, is amended
to read as follows:
(3) "Institution" means:
(A) an ICF-IID, as defined by Section 531.002,
Health and Safety Code;
(B) a group home operated under the authority of
the Health and Human Services Commission [Department of Aging and
Disability Services], including a residential service provider
under a Medicaid waiver program authorized under Section 1915(c) of
the federal Social Security Act (42 U.S.C. Section 1396n), as
amended, that provides services at a residence other than the
child's home or a specialized child-care facility or agency foster
home;
(C) [a foster group home or an agency foster
group home as defined by Section 42.002, Human Resources Code;
[(D)] a nursing facility;
(D) [(E)] a general residential operation for
children with an intellectual disability that is licensed by the
Department of Family and Protective Services; or
(E) [(F)] another residential arrangement [other
than a foster home as defined by Section 42.002, Human Resources
Code,] that provides care to four or more children who are unrelated
to each other.
SECTION 19. Section 31.002(b), Human Resources Code, is
amended to read as follows:
(b) In this chapter, the term "dependent child" also applies
to a child:
(1) who meets the specifications set forth in
Subsections (a)(1)-(4);
(2) who has been removed from the home of a relative
specified in Subsection (a)(5) as a result of a judicial
determination that the child's residence there is contrary to his
or her welfare;
(3) whose placement and care are the responsibility of
the Department of Family and Protective Services or an agency with
which the Department of Family and Protective Services has entered
into an agreement for the care and supervision of the child;
(4) who has been placed in a residential [foster home
or] child-care facility [institution] by the Department of Family
and Protective Services; and
(5) for whom the state may receive federal funds for
the purpose of providing foster care in accordance with rules
promulgated by the executive commissioner.
SECTION 20. Section 31.008(d), Human Resources Code, is
amended to read as follows:
(d) The commission may make payments on behalf of a
dependent child residing in a residential [foster family home or a]
child-care facility [institution] in accordance with the
provisions of this chapter and commission rules.
SECTION 21. Section 42.002, Human Resources Code, is
amended by amending Subdivisions (4), (5), (6), (10), (12), (13),
and (19) and adding Subdivisions (24) and (25) to read as follows:
(4) "General residential operation" means a
child-care facility that provides care for seven or more [than 12]
children for 24 hours a day, including facilities known as
[children's homes, halfway houses,] residential treatment
centers[,] and emergency shelters[, and therapeutic camps].
(5) "Continuum-of-care residential operation" means a
group of residential child-care facilities that operate under the
same license or certification to provide a continuum of services to
children ["Foster group home" means a child-care facility that
provides care for 7 to 12 children for 24 hours a day].
(6) "Foster family operation" means cottage family
homes that:
(A) are identified on the operation's license;
(B) share a child-care administrator who is
responsible for oversight for all homes within the operation; and
(C) are all in or near the same location as
defined by department rule [home" means a child-care facility that
provides care for not more than six children for 24 hours a day].
(10) "Cottage family home" means a family residential
setting with one or more homes operating under the license of a
foster family operation and in which:
(A) each home has at least one houseparent who
lives at the home while children are in care; and
(B) based on the size of the home and the
children's needs, each home cares for not more than six children
["Agency foster group home" means a facility that provides care for
seven to 12 children for 24 hours a day, is used only by a licensed
child-placing agency, and meets department standards].
(12) "Child-placing agency" means a person, including
an organization, other than the natural parents or guardian of a
child who plans for the placement of or places a child in a
child-care facility, agency foster home, [agency foster group
home,] or adoptive home.
(13) "Facilities" includes child-care facilities,
[and] child-placing agencies, and continuum-of-care residential
operations.
(19) "Residential child-care facility" means a
facility licensed or certified by the department that operates for
all of the 24-hour day. The term includes general residential
operations, child-placing agencies, specialized child-care [foster
group] homes, foster family operations [homes], continuum-of-care
residential operations [agency foster group homes], and agency
foster homes.
(24) "Specialized child-care home" means a child-care
facility that:
(A) based on the size of the home and the
children's needs, provides care for not more than six children for
24 hours a day; and
(B) has a director and has at least one
houseparent who lives at the home while children are in care.
(25) "Family residential setting" means a setting that
is the least restrictive and most family-like for children in
foster care. The term includes agency foster homes, cottage family
homes, and specialized child-care homes.
SECTION 22. Section 42.041(b), Human Resources Code, is
amended to read as follows:
(b) This section does not apply to:
(1) a state-operated facility;
(2) an agency foster home [or agency foster group
home];
(3) a facility that is operated in connection with a
shopping center, business, religious organization, or
establishment where children are cared for during short periods
while parents or persons responsible for the children are attending
religious services, shopping, or engaging in other activities,
including retreats or classes for religious instruction, on or near
the premises, that does not advertise as a child-care facility or
day-care center, and that informs parents that it is not licensed by
the state;
(4) a school or class for religious instruction that
does not last longer than two weeks and is conducted by a religious
organization during the summer months;
(5) a youth camp licensed by the Department of State
Health Services;
(6) a facility licensed, operated, certified, or
registered by another state agency;
(7) an educational facility that is accredited by the
Texas Education Agency, the Southern Association of Colleges and
Schools, or an accreditation body that is a member of the Texas
Private School Accreditation Commission and that operates
primarily for educational purposes for prekindergarten and above, a
before-school or after-school program operated directly by an
accredited educational facility, or a before-school or
after-school program operated by another entity under contract with
the educational facility, if the Texas Education Agency, the
Southern Association of Colleges and Schools, or the other
accreditation body, as applicable, has approved the curriculum
content of the before-school or after-school program operated under
the contract;
(8) an educational facility that operates solely for
educational purposes for prekindergarten through at least grade
two, that does not provide custodial care for more than one hour
during the hours before or after the customary school day, and that
is a member of an organization that promulgates, publishes, and
requires compliance with health, safety, fire, and sanitation
standards equal to standards required by state, municipal, and
county codes;
(9) a kindergarten or preschool educational program
that is operated as part of a public school or a private school
accredited by the Texas Education Agency, that offers educational
programs through grade six, and that does not provide custodial
care during the hours before or after the customary school day;
(10) a family home, whether registered or listed;
(11) an educational facility that is integral to and
inseparable from its sponsoring religious organization or an
educational facility both of which do not provide custodial care
for more than two hours maximum per day, and that offers an
educational program in one or more of the
following: prekindergarten through at least grade three,
elementary grades, or secondary grades;
(12) an emergency shelter facility, other than a
facility that would otherwise require a license as a child-care
facility under this section, that provides shelter or care to a
minor and the minor's child or children, if any, under Section
32.201, Family Code, if the facility:
(A) is currently under a contract with a state or
federal agency; or
(B) meets the requirements listed under Section
51.005(b)(3);
(13) a juvenile detention facility certified under
Section 51.12, Family Code, a juvenile correctional facility
certified under Section 51.125, Family Code, a juvenile facility
providing services solely for the Texas Juvenile Justice
Department, or any other correctional facility for children
operated or regulated by another state agency or by a political
subdivision of the state;
(14) an elementary-age (ages 5-13) recreation program
operated by a municipality provided the governing body of the
municipality annually adopts standards of care by ordinance after a
public hearing for such programs, that such standards are provided
to the parents of each program participant, and that the ordinances
shall include, at a minimum, staffing ratios, minimum staff
qualifications, minimum facility, health, and safety standards,
and mechanisms for monitoring and enforcing the adopted local
standards; and further provided that parents be informed that the
program is not licensed by the state and the program may not be
advertised as a child-care facility;
(15) an annual youth camp held in a municipality with a
population of more than 1.5 million that operates for not more than
three months and that has been operated for at least 10 years by a
nonprofit organization that provides care for the homeless;
(16) a food distribution program that:
(A) serves an evening meal to children two years
of age or older; and
(B) is operated by a nonprofit food bank in a
nonprofit, religious, or educational facility for not more than two
hours a day on regular business days;
(17) a child-care facility that operates for less than
three consecutive weeks and less than 40 days in a period of 12
months;
(18) a program:
(A) in which a child receives direct instruction
in a single skill, talent, ability, expertise, or proficiency;
(B) that does not provide services or offerings
that are not directly related to the single talent, ability,
expertise, or proficiency;
(C) that does not advertise or otherwise
represent that the program is a child-care facility, day-care
center, or licensed before-school or after-school program or that
the program offers child-care services;
(D) that informs the parent or guardian:
(i) that the program is not licensed by the
state; and
(ii) about the physical risks a child may
face while participating in the program; and
(E) that conducts background checks for all
program employees and volunteers who work with children in the
program using information that is obtained from the Department of
Public Safety;
(19) an elementary-age (ages 5-13) recreation program
that:
(A) adopts standards of care, including
standards relating to staff ratios, staff training, health, and
safety;
(B) provides a mechanism for monitoring and
enforcing the standards and receiving complaints from parents of
enrolled children;
(C) does not advertise as or otherwise represent
the program as a child-care facility, day-care center, or licensed
before-school or after-school program or that the program offers
child-care services;
(D) informs parents that the program is not
licensed by the state;
(E) is organized as a nonprofit organization or
is located on the premises of a participant's residence;
(F) does not accept any remuneration other than a
nominal annual membership fee;
(G) does not solicit donations as compensation or
payment for any good or service provided as part of the program; and
(H) conducts background checks for all program
employees and volunteers who work with children in the program
using information that is obtained from the Department of Public
Safety;
(20) a living arrangement in a caretaker's home
involving one or more children or a sibling group, excluding
children who are related to the caretaker, in which the caretaker:
(A) had a prior relationship with the child or
sibling group or other family members of the child or sibling group;
(B) does not care for more than one unrelated
child or sibling group;
(C) does not receive compensation or solicit
donations for the care of the child or sibling group; and
(D) has a written agreement with the parent to
care for the child or sibling group;
(21) a living arrangement in a caretaker's home
involving one or more children or a sibling group, excluding
children who are related to the caretaker, in which:
(A) the department is the managing conservator of
the child or sibling group;
(B) the department placed the child or sibling
group in the caretaker's home; and
(C) the caretaker had a long-standing and
significant relationship with the child or sibling group before the
child or sibling group was placed with the caretaker;
(22) a living arrangement in a caretaker's home
involving one or more children or a sibling group, excluding
children who are related to the caretaker, in which the child is in
the United States on a time-limited visa under the sponsorship of
the caretaker or of a sponsoring organization; [or]
(23) a facility operated by a nonprofit organization
that:
(A) does not otherwise operate as a child-care
facility that is required to be licensed under this section;
(B) provides emergency shelter and care for not
more than 15 days to children 13 years of age or older but younger
than 18 years of age who are victims of human trafficking alleged
under Section 20A.02, Penal Code;
(C) is located in a municipality with a
population of at least 600,000 that is in a county on an
international border; and
(D) meets one of the following criteria:
(i) is licensed by, or operates under an
agreement with, a state or federal agency to provide shelter and
care to children; or
(ii) meets the eligibility requirements for
a contract under Section 51.005(b)(3); or
(24) a facility that provides respite care exclusively
for a local mental health authority under a contract with the local
mental health authority.
SECTION 23. Section 42.042, Human Resources Code, is
amended by amending Subsections (e-1), (g), and (h-1) and adding
Subsection (s) to read as follows:
(e-1) The department may not prohibit possession of
lawfully permitted firearms and ammunition in [a foster home of any
type, including a foster group home, a foster home, an agency foster
group home, and] an agency foster home. Minimum standards may be
adopted under this section relating to safety and proper storage of
firearms and ammunition, including standards requiring firearms
and ammunition to be stored separately in locked locations.
(g) In promulgating minimum standards the executive
commissioner may recognize and treat differently the types of
services provided by the following:
(1) registered family homes;
(2) child-care facilities, including general
residential operations, foster family operations [group homes],
specialized child-care [foster] homes, group day-care homes, and
day-care centers;
(3) child-placing agencies;
(4) agency foster homes;
(5) continuum-of-care residential operations [agency
foster group homes];
(6) before-school or after-school programs; and
(7) school-age programs.
(h-1) The executive commissioner shall adopt rules
governing:
(1) the placement and care of children by a
child-placing agency, as necessary to ensure the health and safety
of those children;
(2) the verification and monitoring of agency foster
homes[, agency foster group homes,] and adoptive homes by a
child-placing agency; and
(3) if appropriate, child-placing agency staffing
levels, office locations, and administration.
(s) A continuum-of-care residential operation shall ensure
that each residential child-care facility operating under the
operation's license complies with this chapter and any standards
and rules adopted under this chapter that apply to the facility.
The executive commissioner by rule may prescribe the actions a
continuum-of-care residential operation must take to comply with
the minimum standards for each facility type.
SECTION 24. Section 42.0421(e), Human Resources Code, is
amended to read as follows:
(e) In addition to other training required by this section,
the executive commissioner by rule shall require an owner,
operator, or employee of a day-care center, group day-care home,
registered family home, general residential operation, foster
family operation [group home], or specialized child-care [agency
foster group] home who transports a child under the care of the
facility whose chronological or developmental age is younger than
nine years of age to complete at least two hours of annual training
on transportation safety.
SECTION 25. Section 42.044(e), Human Resources Code, is
amended to read as follows:
(e) In addition to the department's responsibility to
investigate an agency foster home [or agency foster group home]
under Subsection (c), the department shall:
(1) periodically conduct inspections of a random
sample of agency foster homes [and agency foster group homes];
(2) investigate any report of a serious incident in an
agency foster home [or agency foster group home] that pertains to a
child under the age of six;
(3) investigate any alleged violation of a minimum
standard by an agency foster home [or agency foster group home] that
poses a high degree of risk to a child in the care of the home who is
under the age of six; and
(4) conduct at least one annual enforcement team
conference for each child-placing agency to thoroughly review the
investigations or inspections of the child-placing agency and all
of its agency foster homes to monitor and enforce compliance by a
child-placing agency with rules and standards established under
Section 42.042.
SECTION 26. Section 42.0448, Human Resources Code, is
amended to read as follows:
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 verified by the
child-placing agency; or
(2) involves a person who resides at an agency foster
home verified by the child-placing agency.
SECTION 27. Section 42.0449, Human Resources Code, is
amended to read as follows:
Sec. 42.0449. REQUIRED ACTIONS AFTER NOTICE OF FAMILY
VIOLENCE CALL. The executive commissioner shall adopt rules
specifying the actions that the department, a specialized
child-care [an independent foster] home, [and] 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 specialized child-care
[licensed foster] home or verified agency foster home.
SECTION 28. Section 42.045(d), Human Resources Code, is
amended to read as follows:
(d) A [An independent foster home and a] child-placing
agency or a specialized child-care home that is the primary
residence of a caregiver shall notify the department of any change
of address for [a licensed foster home or] a verified agency foster
home or specialized child-care home. The [independent foster home
and] child-placing agency and specialized child-care home shall
notify the department of the address change within the earlier of
two business days or 72 hours of the date the verified agency foster
home or specialized child-care home changes its address.
SECTION 29. The heading to Section 42.0451, Human Resources
Code, is amended to read as follows:
Sec. 42.0451. DATABASE OF VERIFIED AGENCY FOSTER HOMES AND
SPECIALIZED CHILD-CARE HOMES; INFORMATION PROVIDED TO DEPARTMENT
OF PUBLIC SAFETY.
SECTION 30. Sections 42.0451(a) and (c), Human Resources
Code, are amended to read as follows:
(a) The department shall maintain a database of specialized
child-care [licensed foster] homes that are the primary residence
of a caregiver and verified agency foster homes including the
current address for each specialized child-care home [licensed] or
verified agency foster home as reported to the department. The
database must be updated on a regular basis.
(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 licensed as a specialized
child-care home at the primary residence of a caregiver [foster
home] or verified as an agency foster home under this chapter.
SECTION 31. Section 42.0452, Human Resources Code, is
amended to read as follows:
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 a specialized
child-care [foster] home or an agency foster home and of the
department or 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 a
specialized child-care [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.
SECTION 32. Section 42.046(a), Human Resources Code, is
amended to read as follows:
(a) An applicant for a license to operate a child-care
facility, [or] child-placing agency, or continuum-of-care
residential operation or for a listing or registration to operate a
family home shall submit to the department the appropriate fee
prescribed by Section 42.054 and a completed application on a form
provided by the department.
SECTION 33. The heading to Section 42.0461, Human Resources
Code, is amended to read as follows:
Sec. 42.0461. PUBLIC NOTICE AND HEARING [IN CERTAIN
COUNTIES]: RESIDENTIAL CHILD CARE.
SECTION 34. Sections 42.0461(a), (d), and (e), Human
Resources Code, are amended to read as follows:
(a) Before the department may issue a license or certificate
for the operation or the expansion of the capacity [of a foster
group home or foster family home that is located in a county with a
population of less than 300,000 and that provides child care for 24
hours a day at a location other than the actual residence of a
child's primary caretaker or] of a general residential operation or
a continuum-of-care residential operation, the applicant for the
license, certificate, or expansion shall, at the applicant's
expense:
(1) conduct a public hearing on the application in
accordance with department rules after notifying the department of
the date, time, and location of the hearing; and
(2) publish notice of the application in a newspaper
of general circulation in the community in which the child-care
services are proposed to be provided.
(d) Before issuing a license or certificate described by
Subsection (a), the department shall consider written information
provided by an interested party directly to the department's
representative at the public hearing concerning:
(1) the amount of local resources available to support
children proposed to be served by the applicant;
(2) the impact of the proposed child-care services on
the ratio in the local school district of students enrolled in a
special education program to students enrolled in a regular
education program and the effect, if any, on the children proposed
to be served by the applicant; and
(3) the impact of the proposed child-care services on
the community and the effect on opportunities for social
interaction for the children proposed to be served by the
applicant.
(e) Based on the written information provided to the
department's representative at the public hearing, the [The]
department may deny the application if the department determines
that:
(1) the community has insufficient resources to
support children proposed to be served by the applicant;
(2) granting the application would significantly
increase the ratio in the local school district of students
enrolled in a special education program to students enrolled in a
regular education program and the increase would adversely affect
the children proposed to be served by the applicant; or
(3) granting the application 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.
SECTION 35. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.0463 to read as follows:
Sec. 42.0463. EXPANSION OF CAPACITY. Notwithstanding the
limitations established by Section 42.002, the department may 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.
SECTION 36. Section 42.048(e), Human Resources Code, is
amended to read as follows:
(e) A license issued under this chapter is not transferable
and applies only to the operator and facility location stated in the
license application. Except as provided by this subsection, a
change in location or ownership automatically revokes a license. A
change in location of a child-placing agency does not automatically
revoke the license to operate the child-placing agency. A
residential child-care facility operating under the license of a
continuum-of-care residential operation that changes location may
not continue to operate under that license unless the department
approves the new location after the continuum-of-care residential
operation meets all requirements related to the new location.
SECTION 37. Section 42.053, Human Resources Code, is
amended to read as follows:
Sec. 42.053. AGENCY FOSTER HOMES [AND AGENCY FOSTER GROUP
HOMES]. (a) An agency foster home [or agency foster group home] is
considered part of the child-placing agency that operates the
agency foster home [or agency foster group home] for purposes of
licensing.
(b) The operator of a licensed agency shall display a copy
of the license in a prominent place in the agency foster home [or
agency foster group home] used by the agency.
(c) An agency foster home [or agency foster group home]
shall comply with all provisions of this chapter and all department
rules and standards that apply to a child-care facility caring for a
similar number of children for a similar number of hours each day.
(d) The department shall revoke or suspend the license of a
child-placing agency if an agency foster home [or agency foster
group home] operated by the licensed agency fails to comply with
Subsection (c).
(e) Before verifying an agency foster home, a child-placing
agency may issue a provisional verification to the home. The
executive commissioner by rule may establish the criteria for a
child-placing agency to issue a provisional verification to a
prospective agency foster home.
(f) If a child-placing agency under contract with the child
protective services division of the department to provide services
as an integrated care coordinator places children with caregivers
described by Subchapter I, Chapter 264, Family Code, those
caregivers are not considered a part of the child-placing agency
for purposes of licensing.
SECTION 38. Section 42.0531, Human Resources Code, is
amended to read as follows:
Sec. 42.0531. SECURE AGENCY FOSTER HOMES [AND SECURE AGENCY
FOSTER GROUP HOMES]. (a) The commissioners court of a county or
governing body of a municipality may contract with a child-placing
agency to verify a secure agency foster home [or secure agency
foster group home] to provide a safe and therapeutic environment
tailored to the needs of children who are victims of trafficking.
(b) A child-placing agency may not verify a secure agency
foster home [or secure agency foster group home] to provide
services under this section unless the child-placing agency holds a
license issued under this chapter that authorizes the agency to
provide services to victims of trafficking in accordance with
department standards adopted under this chapter for child-placing
agencies.
(c) A secure agency foster home [or secure agency foster
group home] verified under this section must provide:
(1) mental health and other services specifically
designed to assist children who are victims of trafficking under
Section 20A.02 or 20A.03, Penal Code, including:
(A) victim and family counseling;
(B) behavioral health care;
(C) treatment and intervention for sexual
assault;
(D) education tailored to the child's needs;
(E) life skills training;
(F) mentoring; and
(G) substance abuse screening and treatment as
needed;
(2) individualized services based on the trauma
endured by a child, as determined through comprehensive assessments
of the service needs of the child;
(3) 24-hour services; and
(4) appropriate security through facility design,
hardware, technology, and staffing.
SECTION 39. Sections 42.0535(a), (b), (d), and (e), Human
Resources Code, are amended to read as follows:
(a) A child-placing agency that seeks to verify an agency
home [or an agency group home] shall request background information
about the agency home [or group home] from a child-placing agency
that has previously verified that agency home [or agency group
home].
(b) Notwithstanding Section 261.201, Family Code, a
child-placing agency that has verified an agency home [or an agency
group home] is required to release to another child-placing agency
background information requested under Subsection (a).
(d) For purposes of this section, background information
means the home study under which the agency home [or agency group
home] was verified by the previous child-placing agency and any
record of noncompliance with state minimum standards received and
the resolution of any such noncompliance by the previous
child-placing agency.
(e) The executive commissioner by rule shall develop a
process by which a child-placing agency shall report to the
department:
(1) the name of any verified agency foster home [or
foster group home] that has been closed for any reason, including a
voluntary closure;
(2) information regarding the reasons for the closure
of the agency foster home [or foster group home]; and
(3) the name and other contact information of a person
who may be contacted by another child-placing agency to obtain the
records relating to the closed agency foster home [or foster group
home] that are required to be maintained and made available under
this section.
SECTION 40. Sections 42.054(a), (d), and (g), Human
Resources Code, are amended to read as follows:
(a) The department shall charge an applicant a
nonrefundable application fee for an initial license to operate a
child-care facility, [or] a child-placing agency, or a
continuum-of-care residential operation.
(d) The department shall charge each licensed child-placing
agency or continuum-of-care residential operation an annual
license fee. The fee is due on the date on which the department
issues the [child-placing agency's] initial license to the
child-placing agency or continuum-of-care residential operation
and on the anniversary of that date.
(g) The provisions of Subsections (b) through (f) do not
apply to:
(1) [licensed foster homes and licensed foster group
homes;
[(2)] nonprofit facilities regulated under this
chapter that provided 24-hour care for children in the managing
conservatorship of the department during the 12-month period
immediately preceding the anniversary date of the facility's
license;
(2) [(3)] facilities operated by a nonprofit
corporation or foundation that provides 24-hour residential care
and does not charge for the care provided; or
(3) [(4)] a family home listed under Section 42.0523
in which the relative child-care provider cares for the child in the
child's own home.
SECTION 41. Section 42.0561, Human Resources Code, is
amended to read as follows:
Sec. 42.0561. INFORMATION RELATING TO FAMILY VIOLENCE
REPORTS. Before [the department may issue a license or
registration for a foster home or] a child-placing agency may issue
a verification certificate for an agency foster home, the
[department or] child-placing agency must obtain information
relating to each family violence report at the applicant's
residence to which a law enforcement agency responded during the 12
months preceding the date of the application. The applicant shall
provide the information on a form prescribed by the department.
SECTION 42. Section 42.063(d), Human Resources Code, is
amended to read as follows:
(d) An employee or volunteer of a general residential
operation, child-placing agency, continuum-of-care residential
operation, foster family operation [home], or specialized
child-care [foster group] home shall report any serious incident
directly to the department if the incident involves a child under
the care of the operation, agency, or home.
SECTION 43. Sections 42.0461(f) and (g), Human Resources
Code, are repealed.
SECTION 44. This Act applies only to a license or
registration issued or renewed on or after the effective date of
this Act. Facilities licensed or registered in a facility category
that is not continued following the changes in law made by this Act
shall continue to operate under the license or registration as it
existed before the effective date of this Act until the license or
registration is expired. The facilities must renew a license or
registration under the new license or registration category.
SECTION 45. This Act takes effect September 1, 2017.