Texas 2017 - 85th Regular

Texas House Bill HB4093 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R9021 MCK-F
2	2	By: Klick H.B. No. 4093
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing of certain facilities, homes, and
8	8	agencies that provide child-care services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 109.331(d), Alcoholic Beverage Code, is
11	11	amended to read as follows:
12	12	(d) This section does not apply to a [foster group home,
13	13	foster family home,] family home, specialized child-care [agency
14	14	group] home, or agency foster home as those terms are defined by
15	15	Section 42.002, Human Resources Code.
16	16	SECTION 2. Article 5.04(a-1), Code of Criminal Procedure,
17	17	is amended to read as follows:
18	18	(a-1) A peace officer who investigates a family violence
19	19	allegation or who responds to a disturbance call that may involve
20	20	family violence shall determine whether the address of the persons
21	21	involved in the allegation or call matches the address of a current
22	22	licensed specialized child-care [foster] home or verified agency
23	23	foster home listed in the Texas Crime Information Center.
24	24	SECTION 3. Articles 5.05(a-1) and (b), Code of Criminal
25	25	Procedure, are amended to read as follows:
26	26	(a-1) In addition to the written report required under
27	27	Subsection (a), a peace officer who investigates a family violence
28	28	incident or who responds to a disturbance call that may involve
29	29	family violence shall make a report to the Department of Family and
30	30	Protective Services if the location of the incident or call, or the
31	31	known address of a person involved in the incident or call, matches
32	32	the address of a current licensed specialized child-care [foster]
33	33	home or a verified agency foster home as listed in the Texas Crime
34	34	Information Center. The report under this subsection may be made
35	35	orally or electronically and must:
36	36	(1) include the information required by Subsection
37	37	(a); and
38	38	(2) be filed with the Department of Family and
39	39	Protective Services within 24 hours of the beginning of the
40	40	investigation or receipt of the disturbance call.
41	41	(b) Each local law enforcement agency shall establish a
42	42	departmental code for identifying and retrieving family violence
43	43	reports as outlined in Subsection (a) of this article [section]. A
44	44	district or county attorney or an assistant district or county
45	45	attorney exercising authority in the county where the law
46	46	enforcement agency maintains records under this article [section]
47	47	is entitled to access to the records. The Department of Family and
48	48	Protective Services is entitled to access the records relating to
49	49	any person who is 14 years of age or older and who resides in a
50	50	licensed specialized child-care [foster] home or a verified agency
51	51	foster home.
52	52	SECTION 4. Section 29.081(d), Education Code, is amended to
53	53	read as follows:
54	54	(d) For purposes of this section, "student at risk of
55	55	dropping out of school" includes each student who is under 26 years
56	56	of age and who:
57	57	(1) was not advanced from one grade level to the next
58	58	for one or more school years;
59	59	(2) if the student is in grade 7, 8, 9, 10, 11, or 12,
60	60	did not maintain an average equivalent to 70 on a scale of 100 in two
61	61	or more subjects in the foundation curriculum during a semester in
62	62	the preceding or current school year or is not maintaining such an
63	63	average in two or more subjects in the foundation curriculum in the
64	64	current semester;
65	65	(3) did not perform satisfactorily on an assessment
66	66	instrument administered to the student under Subchapter B, Chapter
67	67	39, and who has not in the previous or current school year
68	68	subsequently performed on that instrument or another appropriate
69	69	instrument at a level equal to at least 110 percent of the level of
70	70	satisfactory performance on that instrument;
71	71	(4) if the student is in prekindergarten,
72	72	kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
73	73	a readiness test or assessment instrument administered during the
74	74	current school year;
75	75	(5) is pregnant or is a parent;
76	76	(6) has been placed in an alternative education
77	77	program in accordance with Section 37.006 during the preceding or
78	78	current school year;
79	79	(7) has been expelled in accordance with Section
80	80	37.007 during the preceding or current school year;
81	81	(8) is currently on parole, probation, deferred
82	82	prosecution, or other conditional release;
83	83	(9) was previously reported through the Public
84	84	Education Information Management System (PEIMS) to have dropped out
85	85	of school;
86	86	(10) is a student of limited English proficiency, as
87	87	defined by Section 29.052;
88	88	(11) is in the custody or care of the Department of
89	89	Family and Protective [and Regulatory] Services or has, during the
90	90	current school year, been referred to the department by a school
91	91	official, officer of the juvenile court, or law enforcement
92	92	official;
93	93	(12) is homeless, as defined by 42 U.S.C. Section
94	94	11302, and its subsequent amendments; or
95	95	(13) resided in the preceding school year or resides
96	96	in the current school year in a residential placement facility in
97	97	the district, including a detention facility, substance abuse
98	98	treatment facility, emergency shelter, psychiatric hospital,
99	99	halfway house, or general residential operation [foster group
100	100	home].
101	101	SECTION 5. Section 30.083(a), Education Code, is amended to
102	102	read as follows:
103	103	(a) The director of services shall develop and administer a
104	104	comprehensive statewide plan for educational services for students
105	105	who are deaf or hard of hearing, including continuing diagnosis and
106	106	evaluation, counseling, and teaching. The plan shall be designed
107	107	to accomplish the following objectives:
108	108	(1) providing assistance and counseling to parents of
109	109	students who are deaf or hard of hearing in regional day school
110	110	programs for the deaf and admitting to the programs students who
111	111	have a hearing loss that interferes with the processing of
112	112	linguistic information;
113	113	(2) enabling students who are deaf or hard of hearing
114	114	to reside with their parents or guardians and be provided an
115	115	appropriate education in their home school districts or in regional
116	116	day school programs for the deaf;
117	117	(3) enabling students who are deaf or hard of hearing
118	118	who are unable to attend schools at their place of residence and
119	119	whose parents or guardians live too far from facilities of regional
120	120	day school programs for the deaf for daily commuting to be
121	121	accommodated in specialized child-care [foster] homes or other
122	122	residential school facilities provided for by the agency so that
123	123	those children may attend a regional day school program for the
124	124	deaf;
125	125	(4) enrolling in the Texas School for the Deaf those
126	126	students who are deaf or hard of hearing whose needs can best be met
127	127	in that school and designating the Texas School for the Deaf as the
128	128	statewide educational resource for students who are deaf or hard of
129	129	hearing;
130	130	(5) encouraging students in regional day school
131	131	programs for the deaf to attend general education classes on a
132	132	part-time, full-time, or trial basis; and
133	133	(6) recognizing the need for development of language
134	134	and communications abilities in students who are deaf or hard of
135	135	hearing, but also calling for the use of methods of communication
136	136	that will meet the needs of each individual student, with each
137	137	student assessed thoroughly so as to ascertain the student's
138	138	potential for communications through a variety of means, including
139	139	through oral or aural means, fingerspelling, or sign language.
140	140	SECTION 6. Section 54.04(d), Family Code, is amended to
141	141	read as follows:
142	142	(d) If the court or jury makes the finding specified in
143	143	Subsection (c) allowing the court to make a disposition in the case:
144	144	(1) the court or jury may, in addition to any order
145	145	required or authorized under Section 54.041 or 54.042, place the
146	146	child on probation on such reasonable and lawful terms as the court
147	147	may determine:
148	148	(A) in the child's own home or in the custody of a
149	149	relative or other fit person; or
150	150	(B) subject to the finding under Subsection (c)
151	151	on the placement of the child outside the child's home, in:
152	152	(i) a suitable specialized child-care
153	153	[foster] home, as defined by Section 42.002, Human Resources Code;
154	154	(ii) a suitable public or private
155	155	residential treatment facility licensed by a state governmental
156	156	entity or exempted from licensure by state law, except a facility
157	157	operated by the Texas Juvenile Justice Department; or
158	158	(iii) a suitable public or private
159	159	post-adjudication secure correctional facility that meets the
160	160	requirements of Section 51.125, except a facility operated by the
161	161	Texas Juvenile Justice Department;
162	162	(2) if the court or jury found at the conclusion of the
163	163	adjudication hearing that the child engaged in delinquent conduct
164	164	that violates a penal law of this state or the United States of the
165	165	grade of felony, the court or jury made a special commitment finding
166	166	under Section 54.04013, and the petition was not approved by the
167	167	grand jury under Section 53.045, the court may commit the child to
168	168	the Texas Juvenile Justice Department under Section 54.04013, or a
169	169	post-adjudication secure correctional facility under Section
170	170	54.04011(c)(1), as applicable, without a determinate sentence;
171	171	(3) if the court or jury found at the conclusion of the
172	172	adjudication hearing that the child engaged in delinquent conduct
173	173	that included a violation of a penal law listed in Section 53.045(a)
174	174	and if the petition was approved by the grand jury under Section
175	175	53.045, the court or jury may sentence the child to commitment in
176	176	the Texas Juvenile Justice Department or a post-adjudication secure
177	177	correctional facility under Section 54.04011(c)(2) with a possible
178	178	transfer to the Texas Department of Criminal Justice for a term of:
179	179	(A) not more than 40 years if the conduct
180	180	constitutes:
181	181	(i) a capital felony;
182	182	(ii) a felony of the first degree; or
183	183	(iii) an aggravated controlled substance
184	184	felony;
185	185	(B) not more than 20 years if the conduct
186	186	constitutes a felony of the second degree; or
187	187	(C) not more than 10 years if the conduct
188	188	constitutes a felony of the third degree;
189	189	(4) the court may assign the child an appropriate
190	190	sanction level and sanctions as provided by the assignment
191	191	guidelines in Section 59.003;
192	192	(5) the court may place the child in a suitable
193	193	nonsecure correctional facility that is registered and meets the
194	194	applicable standards for the facility as provided by Section
195	195	51.126; or
196	196	(6) if applicable, the court or jury may make a
197	197	disposition under Subsection (m) or Section 54.04011(c)(2)(A).
198	198	SECTION 7. Section 101.0133, Family Code, is amended to
199	199	read as follows:
200	200	Sec. 101.0133. FOSTER CARE. "Foster care" means the
201	201	placement of a child who is in the conservatorship of the Department
202	202	of Family and Protective Services and in care outside the child's
203	203	home in an [agency foster group home,] agency foster home,
204	204	specialized child-care [foster group] home, foster family
205	205	operation, general residential operation [home], or another
206	206	facility licensed or certified under Chapter 42, Human Resources
207	207	Code, in which care is provided for 24 hours a day.
208	208	SECTION 8. Section 101.017, Family Code, is amended to read
209	209	as follows:
210	210	Sec. 101.017. LICENSED CHILD PLACING AGENCY. "Licensed
211	211	child placing agency" means a person, including an organization or
212	212	corporation, licensed or certified under Chapter 42, Human
213	213	Resources Code, by the Department of Family and Protective Services
214	214	to place a child in a child-care facility, agency foster home,
215	215	general residential operation [agency foster group home], or
216	216	adoptive home.
217	217	SECTION 9. Section 162.0062(b), Family Code, is amended to
218	218	read as follows:
219	219	(b) The records described by Subsection (a) must include any
220	220	records relating to an investigation of abuse in which the child was
221	221	an alleged or confirmed victim of sexual abuse while residing in a
222	222	specialized child-care [foster] home or other residential
223	223	child-care facility. If the licensed child-placing agency or other
224	224	person placing the child for adoption does not have the information
225	225	required by this subsection, the department, at the request of the
226	226	licensed child-placing agency or other person placing the child for
227	227	adoption, shall provide the information to the prospective adoptive
228	228	parents of the child.
229	229	SECTION 10. Section 262.011, Family Code, as added by
230	230	Chapter 338 (H.B. 418), Acts of the 84th Legislature, Regular
231	231	Session, 2015, is amended to read as follows:
232	232	Sec. 262.011. PLACEMENT IN SECURE AGENCY FOSTER HOME [OR
233	233	SECURE AGENCY FOSTER GROUP HOME]. A court in an emergency, initial,
234	234	or full adversary hearing conducted under this chapter may order
235	235	that the child who is the subject of the hearing be placed in a
236	236	secure agency foster home [or secure agency foster group home]
237	237	verified in accordance with Section 42.0531, Human Resources Code,
238	238	if the court finds that:
239	239	(1) the placement is in the best interest of the child;
240	240	and
241	241	(2) the child's physical health or safety is in danger
242	242	because the child has been recruited, harbored, transported,
243	243	provided, or obtained for forced labor or commercial sexual
244	244	activity, including any child subjected to an act specified in
245	245	Section 20A.02 or 20A.03, Penal Code.
246	246	SECTION 11. Section 263.008(a)(1), Family Code, is amended
247	247	to read as follows:
248	248	(1) "Agency foster [group] home[,]" and ["agency
249	249	foster home,"] "facility[,]" ["foster group home," and "foster
250	250	home"] have the meanings assigned by Section 42.002, Human
251	251	Resources Code.
252	252	SECTION 12. Section 263.008(e), Family Code, is amended to
253	253	read as follows:
254	254	(e) A specialized child-care [An agency foster group] home,
255	255	agency foster home[, foster group home, foster home], or other
256	256	facility in which a child is placed in foster care shall provide a
257	257	copy of the foster children's bill of rights to a child on the
258	258	child's request. The foster children's bill of rights must be
259	259	printed in English and in a second language.
260	260	SECTION 13. Section 264.0111(a), Family Code, is amended to
261	261	read as follows:
262	262	(a) A child for whom the department has been appointed
263	263	managing conservator and who has been placed by the department in a
264	264	residential [foster home or] child-care facility [institution] as
265	265	defined by Chapter 42, Human Resources Code, is entitled to keep any
266	266	money earned by the child during the time of the child's placement.
267	267	SECTION 14. Section 264.101(a), Family Code, is amended to
268	268	read as follows:
269	269	(a) The department may pay the cost of foster care for a
270	270	child only if:
271	271	(1) the child has been placed by the department in a
272	272	[foster home or other] residential child-care facility, as defined
273	273	by Chapter 42, Human Resources Code, or in a comparable residential
274	274	facility in another state; and
275	275	(2) the department:
276	276	(A) has initiated suit and been named conservator
277	277	of the child; or
278	278	(B) has the duty of care, control, and custody
279	279	after taking possession of the child in an emergency without a prior
280	280	court order as authorized by this subtitle.
281	281	SECTION 15. Sections 264.751(1) and (3), Family Code, are
282	282	amended to read as follows:
283	283	(1) "Designated caregiver" means an individual who has
284	284	a longstanding and significant relationship with a child for whom
285	285	the department has been appointed managing conservator and who:
286	286	(A) is appointed to provide substitute care for
287	287	the child, but is not licensed by the department or verified by a
288	288	licensed child-placing agency or the department to operate a
289	289	specialized child-care [foster home, foster group] home or[,]
290	290	agency foster home[, or agency foster group home] under Chapter 42,
291	291	Human Resources Code; or
292	292	(B) is subsequently appointed permanent managing
293	293	conservator of the child after providing the care described by
294	294	Paragraph (A).
295	295	(3) "Relative caregiver" means a relative who:
296	296	(A) provides substitute care for a child for whom
297	297	the department has been appointed managing conservator, but who is
298	298	not licensed by the department or verified by a licensed
299	299	child-placing agency or the department to operate a specialized
300	300	child-care [foster] home, general residential operation [foster
301	301	group home], agency foster home, or foster family operation [agency
302	302	foster group home] under Chapter 42, Human Resources Code; or
303	303	(B) is subsequently appointed permanent managing
304	304	conservator of the child after providing the care described by
305	305	Paragraph (A).
306	306	SECTION 16. Section 264.760, Family Code, is amended to
307	307	read as follows:
308	308	Sec. 264.760. ELIGIBILITY FOR FOSTER CARE PAYMENTS AND
309	309	PERMANENCY CARE ASSISTANCE. Notwithstanding any other provision of
310	310	this subchapter, a relative or other designated caregiver who
311	311	becomes licensed by the department or verified by a licensed
312	312	child-placing agency or the department to operate a specialized
313	313	child-care [foster] home or [, foster group home,] agency foster
314	314	home[, or agency foster group home] under Chapter 42, Human
315	315	Resources Code, may receive foster care payments in lieu of the
316	316	benefits provided by this subchapter, beginning with the first
317	317	month in which the relative or other designated caregiver becomes
318	318	licensed or is verified.
319	319	SECTION 17. Section 264.8521, Family Code, is amended to
320	320	read as follows:
321	321	Sec. 264.8521. NOTICE TO APPLICANTS. At the time a person
322	322	applies to become licensed by the department or verified by a
323	323	licensed child-placing agency or the department to provide foster
324	324	care in order to qualify for the permanency care assistance
325	325	program, the department or the child-placing agency shall:
326	326	(1) notify the applicant that a background check,
327	327	including a criminal history record check, will be conducted on the
328	328	individual; and
329	329	(2) inform the applicant about criminal convictions
330	330	that:
331	331	(A) preclude an individual from becoming a
332	332	licensed specialized child-care [foster] home or verified agency
333	333	foster home; and
334	334	(B) may also be considered in evaluating the
335	335	individual's application.
336	336	SECTION 18. Section 531.151(3), Government Code, is amended
337	337	to read as follows:
338	338	(3) "Institution" means:
339	339	(A) an ICF-IID, as defined by Section 531.002,
340	340	Health and Safety Code;
341	341	(B) a group home operated under the authority of
342	342	the Health and Human Services Commission [Department of Aging and
343	343	Disability Services], including a residential service provider
344	344	under a Medicaid waiver program authorized under Section 1915(c) of
345	345	the federal Social Security Act (42 U.S.C. Section 1396n), as
346	346	amended, that provides services at a residence other than the
347	347	child's home or a specialized child-care facility or agency foster
348	348	home;
349	349	(C) [a foster group home or an agency foster
350	350	group home as defined by Section 42.002, Human Resources Code;
351	351	[(D)] a nursing facility;
352	352	(D) [(E)] a general residential operation for
353	353	children with an intellectual disability that is licensed by the
354	354	Department of Family and Protective Services; or
355	355	(E) [(F)] another residential arrangement [other
356	356	than a foster home as defined by Section 42.002, Human Resources
357	357	Code,] that provides care to four or more children who are unrelated
358	358	to each other.
359	359	SECTION 19. Section 31.002(b), Human Resources Code, is
360	360	amended to read as follows:
361	361	(b) In this chapter, the term "dependent child" also applies
362	362	to a child:
363	363	(1) who meets the specifications set forth in
364	364	Subsections (a)(1)-(4);
365	365	(2) who has been removed from the home of a relative
366	366	specified in Subsection (a)(5) as a result of a judicial
367	367	determination that the child's residence there is contrary to his
368	368	or her welfare;
369	369	(3) whose placement and care are the responsibility of
370	370	the Department of Family and Protective Services or an agency with
371	371	which the Department of Family and Protective Services has entered
372	372	into an agreement for the care and supervision of the child;
373	373	(4) who has been placed in a residential [foster home
374	374	or] child-care facility [institution] by the Department of Family
375	375	and Protective Services; and
376	376	(5) for whom the state may receive federal funds for
377	377	the purpose of providing foster care in accordance with rules
378	378	promulgated by the executive commissioner.
379	379	SECTION 20. Section 31.008(d), Human Resources Code, is
380	380	amended to read as follows:
381	381	(d) The commission may make payments on behalf of a
382	382	dependent child residing in a residential [foster family home or a]
383	383	child-care facility [institution] in accordance with the
384	384	provisions of this chapter and commission rules.
385	385	SECTION 21. Section 42.002, Human Resources Code, is
386	386	amended by amending Subdivisions (4), (5), (6), (10), (12), (13),
387	387	and (19) and adding Subdivisions (24) and (25) to read as follows:
388	388	(4) "General residential operation" means a
389	389	child-care facility that provides care for seven or more [than 12]
390	390	children for 24 hours a day, including facilities known as
391	391	[children's homes, halfway houses,] residential treatment
392	392	centers[,] and emergency shelters[, and therapeutic camps].
393	393	(5) "Continuum-of-care residential operation" means a
394	394	group of residential child-care facilities that operate under the
395	395	same license or certification to provide a continuum of services to
396	396	children ["Foster group home" means a child-care facility that
397	397	provides care for 7 to 12 children for 24 hours a day].
398	398	(6) "Foster family operation" means cottage family
399	399	homes that:
400	400	(A) are identified on the operation's license;
401	401	(B) share a child-care administrator who is
402	402	responsible for oversight for all homes within the operation; and
403	403	(C) are all in or near the same location as
404	404	defined by department rule [home" means a child-care facility that
405	405	provides care for not more than six children for 24 hours a day].
406	406	(10) "Cottage family home" means a family residential
407	407	setting with one or more homes operating under the license of a
408	408	foster family operation and in which:
409	409	(A) each home has at least one houseparent who
410	410	lives at the home while children are in care; and
411	411	(B) based on the size of the home and the
412	412	children's needs, each home cares for not more than six children
413	413	["Agency foster group home" means a facility that provides care for
414	414	seven to 12 children for 24 hours a day, is used only by a licensed
415	415	child-placing agency, and meets department standards].
416	416	(12) "Child-placing agency" means a person, including
417	417	an organization, other than the natural parents or guardian of a
418	418	child who plans for the placement of or places a child in a
419	419	child-care facility, agency foster home, [agency foster group
420	420	home,] or adoptive home.
421	421	(13) "Facilities" includes child-care facilities,
422	422	[and] child-placing agencies, and continuum-of-care residential
423	423	operations.
424	424	(19) "Residential child-care facility" means a
425	425	facility licensed or certified by the department that operates for
426	426	all of the 24-hour day. The term includes general residential
427	427	operations, child-placing agencies, specialized child-care [foster
428	428	group] homes, foster family operations [homes], continuum-of-care
429	429	residential operations [agency foster group homes], and agency
430	430	foster homes.
431	431	(24) "Specialized child-care home" means a child-care
432	432	facility that:
433	433	(A) based on the size of the home and the
434	434	children's needs, provides care for not more than six children for
435	435	24 hours a day; and
436	436	(B) has a director and has at least one
437	437	houseparent who lives at the home while children are in care.
438	438	(25) "Family residential setting" means a setting that
439	439	is the least restrictive and most family-like for children in
440	440	foster care. The term includes agency foster homes, cottage family
441	441	homes, and specialized child-care homes.
442	442	SECTION 22. Section 42.041(b), Human Resources Code, is
443	443	amended to read as follows:
444	444	(b) This section does not apply to:
445	445	(1) a state-operated facility;
446	446	(2) an agency foster home [or agency foster group
447	447	home];
448	448	(3) a facility that is operated in connection with a
449	449	shopping center, business, religious organization, or
450	450	establishment where children are cared for during short periods
451	451	while parents or persons responsible for the children are attending
452	452	religious services, shopping, or engaging in other activities,
453	453	including retreats or classes for religious instruction, on or near
454	454	the premises, that does not advertise as a child-care facility or
455	455	day-care center, and that informs parents that it is not licensed by
456	456	the state;
457	457	(4) a school or class for religious instruction that
458	458	does not last longer than two weeks and is conducted by a religious
459	459	organization during the summer months;
460	460	(5) a youth camp licensed by the Department of State
461	461	Health Services;
462	462	(6) a facility licensed, operated, certified, or
463	463	registered by another state agency;
464	464	(7) an educational facility that is accredited by the
465	465	Texas Education Agency, the Southern Association of Colleges and
466	466	Schools, or an accreditation body that is a member of the Texas
467	467	Private School Accreditation Commission and that operates
468	468	primarily for educational purposes for prekindergarten and above, a
469	469	before-school or after-school program operated directly by an
470	470	accredited educational facility, or a before-school or
471	471	after-school program operated by another entity under contract with
472	472	the educational facility, if the Texas Education Agency, the
473	473	Southern Association of Colleges and Schools, or the other
474	474	accreditation body, as applicable, has approved the curriculum
475	475	content of the before-school or after-school program operated under
476	476	the contract;
477	477	(8) an educational facility that operates solely for
478	478	educational purposes for prekindergarten through at least grade
479	479	two, that does not provide custodial care for more than one hour
480	480	during the hours before or after the customary school day, and that
481	481	is a member of an organization that promulgates, publishes, and
482	482	requires compliance with health, safety, fire, and sanitation
483	483	standards equal to standards required by state, municipal, and
484	484	county codes;
485	485	(9) a kindergarten or preschool educational program
486	486	that is operated as part of a public school or a private school
487	487	accredited by the Texas Education Agency, that offers educational
488	488	programs through grade six, and that does not provide custodial
489	489	care during the hours before or after the customary school day;
490	490	(10) a family home, whether registered or listed;
491	491	(11) an educational facility that is integral to and
492	492	inseparable from its sponsoring religious organization or an
493	493	educational facility both of which do not provide custodial care
494	494	for more than two hours maximum per day, and that offers an
495	495	educational program in one or more of the
496	496	following: prekindergarten through at least grade three,
497	497	elementary grades, or secondary grades;
498	498	(12) an emergency shelter facility, other than a
499	499	facility that would otherwise require a license as a child-care
500	500	facility under this section, that provides shelter or care to a
501	501	minor and the minor's child or children, if any, under Section
502	502	32.201, Family Code, if the facility:
503	503	(A) is currently under a contract with a state or
504	504	federal agency; or
505	505	(B) meets the requirements listed under Section
506	506	51.005(b)(3);
507	507	(13) a juvenile detention facility certified under
508	508	Section 51.12, Family Code, a juvenile correctional facility
509	509	certified under Section 51.125, Family Code, a juvenile facility
510	510	providing services solely for the Texas Juvenile Justice
511	511	Department, or any other correctional facility for children
512	512	operated or regulated by another state agency or by a political
513	513	subdivision of the state;
514	514	(14) an elementary-age (ages 5-13) recreation program
515	515	operated by a municipality provided the governing body of the
516	516	municipality annually adopts standards of care by ordinance after a
517	517	public hearing for such programs, that such standards are provided
518	518	to the parents of each program participant, and that the ordinances
519	519	shall include, at a minimum, staffing ratios, minimum staff
520	520	qualifications, minimum facility, health, and safety standards,
521	521	and mechanisms for monitoring and enforcing the adopted local
522	522	standards; and further provided that parents be informed that the
523	523	program is not licensed by the state and the program may not be
524	524	advertised as a child-care facility;
525	525	(15) an annual youth camp held in a municipality with a
526	526	population of more than 1.5 million that operates for not more than
527	527	three months and that has been operated for at least 10 years by a
528	528	nonprofit organization that provides care for the homeless;
529	529	(16) a food distribution program that:
530	530	(A) serves an evening meal to children two years
531	531	of age or older; and
532	532	(B) is operated by a nonprofit food bank in a
533	533	nonprofit, religious, or educational facility for not more than two
534	534	hours a day on regular business days;
535	535	(17) a child-care facility that operates for less than
536	536	three consecutive weeks and less than 40 days in a period of 12
537	537	months;
538	538	(18) a program:
539	539	(A) in which a child receives direct instruction
540	540	in a single skill, talent, ability, expertise, or proficiency;
541	541	(B) that does not provide services or offerings
542	542	that are not directly related to the single talent, ability,
543	543	expertise, or proficiency;
544	544	(C) that does not advertise or otherwise
545	545	represent that the program is a child-care facility, day-care
546	546	center, or licensed before-school or after-school program or that
547	547	the program offers child-care services;
548	548	(D) that informs the parent or guardian:
549	549	(i) that the program is not licensed by the
550	550	state; and
551	551	(ii) about the physical risks a child may
552	552	face while participating in the program; and
553	553	(E) that conducts background checks for all
554	554	program employees and volunteers who work with children in the
555	555	program using information that is obtained from the Department of
556	556	Public Safety;
557	557	(19) an elementary-age (ages 5-13) recreation program
558	558	that:
559	559	(A) adopts standards of care, including
560	560	standards relating to staff ratios, staff training, health, and
561	561	safety;
562	562	(B) provides a mechanism for monitoring and
563	563	enforcing the standards and receiving complaints from parents of
564	564	enrolled children;
565	565	(C) does not advertise as or otherwise represent
566	566	the program as a child-care facility, day-care center, or licensed
567	567	before-school or after-school program or that the program offers
568	568	child-care services;
569	569	(D) informs parents that the program is not
570	570	licensed by the state;
571	571	(E) is organized as a nonprofit organization or
572	572	is located on the premises of a participant's residence;
573	573	(F) does not accept any remuneration other than a
574	574	nominal annual membership fee;
575	575	(G) does not solicit donations as compensation or
576	576	payment for any good or service provided as part of the program; and
577	577	(H) conducts background checks for all program
578	578	employees and volunteers who work with children in the program
579	579	using information that is obtained from the Department of Public
580	580	Safety;
581	581	(20) a living arrangement in a caretaker's home
582	582	involving one or more children or a sibling group, excluding
583	583	children who are related to the caretaker, in which the caretaker:
584	584	(A) had a prior relationship with the child or
585	585	sibling group or other family members of the child or sibling group;
586	586	(B) does not care for more than one unrelated
587	587	child or sibling group;
588	588	(C) does not receive compensation or solicit
589	589	donations for the care of the child or sibling group; and
590	590	(D) has a written agreement with the parent to
591	591	care for the child or sibling group;
592	592	(21) a living arrangement in a caretaker's home
593	593	involving one or more children or a sibling group, excluding
594	594	children who are related to the caretaker, in which:
595	595	(A) the department is the managing conservator of
596	596	the child or sibling group;
597	597	(B) the department placed the child or sibling
598	598	group in the caretaker's home; and
599	599	(C) the caretaker had a long-standing and
600	600	significant relationship with the child or sibling group before the
601	601	child or sibling group was placed with the caretaker;
602	602	(22) a living arrangement in a caretaker's home
603	603	involving one or more children or a sibling group, excluding
604	604	children who are related to the caretaker, in which the child is in
605	605	the United States on a time-limited visa under the sponsorship of
606	606	the caretaker or of a sponsoring organization; [or]
607	607	(23) a facility operated by a nonprofit organization
608	608	that:
609	609	(A) does not otherwise operate as a child-care
610	610	facility that is required to be licensed under this section;
611	611	(B) provides emergency shelter and care for not
612	612	more than 15 days to children 13 years of age or older but younger
613	613	than 18 years of age who are victims of human trafficking alleged
614	614	under Section 20A.02, Penal Code;
615	615	(C) is located in a municipality with a
616	616	population of at least 600,000 that is in a county on an
617	617	international border; and
618	618	(D) meets one of the following criteria:
619	619	(i) is licensed by, or operates under an
620	620	agreement with, a state or federal agency to provide shelter and
621	621	care to children; or
622	622	(ii) meets the eligibility requirements for
623	623	a contract under Section 51.005(b)(3); or
624	624	(24) a facility that provides respite care exclusively
625	625	for a local mental health authority under a contract with the local
626	626	mental health authority.
627	627	SECTION 23. Section 42.042, Human Resources Code, is
628	628	amended by amending Subsections (e-1), (g), and (h-1) and adding
629	629	Subsection (s) to read as follows:
630	630	(e-1) The department may not prohibit possession of
631	631	lawfully permitted firearms and ammunition in [a foster home of any
632	632	type, including a foster group home, a foster home, an agency foster
633	633	group home, and] an agency foster home. Minimum standards may be
634	634	adopted under this section relating to safety and proper storage of
635	635	firearms and ammunition, including standards requiring firearms
636	636	and ammunition to be stored separately in locked locations.
637	637	(g) In promulgating minimum standards the executive
638	638	commissioner may recognize and treat differently the types of
639	639	services provided by the following:
640	640	(1) registered family homes;
641	641	(2) child-care facilities, including general
642	642	residential operations, foster family operations [group homes],
643	643	specialized child-care [foster] homes, group day-care homes, and
644	644	day-care centers;
645	645	(3) child-placing agencies;
646	646	(4) agency foster homes;
647	647	(5) continuum-of-care residential operations [agency
648	648	foster group homes];
649	649	(6) before-school or after-school programs; and
650	650	(7) school-age programs.
651	651	(h-1) The executive commissioner shall adopt rules
652	652	governing:
653	653	(1) the placement and care of children by a
654	654	child-placing agency, as necessary to ensure the health and safety
655	655	of those children;
656	656	(2) the verification and monitoring of agency foster
657	657	homes[, agency foster group homes,] and adoptive homes by a
658	658	child-placing agency; and
659	659	(3) if appropriate, child-placing agency staffing
660	660	levels, office locations, and administration.
661	661	(s) A continuum-of-care residential operation shall ensure
662	662	that each residential child-care facility operating under the
663	663	operation's license complies with this chapter and any standards
664	664	and rules adopted under this chapter that apply to the facility.
665	665	The executive commissioner by rule may prescribe the actions a
666	666	continuum-of-care residential operation must take to comply with
667	667	the minimum standards for each facility type.
668	668	SECTION 24. Section 42.0421(e), Human Resources Code, is
669	669	amended to read as follows:
670	670	(e) In addition to other training required by this section,
671	671	the executive commissioner by rule shall require an owner,
672	672	operator, or employee of a day-care center, group day-care home,
673	673	registered family home, general residential operation, foster
674	674	family operation [group home], or specialized child-care [agency
675	675	foster group] home who transports a child under the care of the
676	676	facility whose chronological or developmental age is younger than
677	677	nine years of age to complete at least two hours of annual training
678	678	on transportation safety.
679	679	SECTION 25. Section 42.044(e), Human Resources Code, is
680	680	amended to read as follows:
681	681	(e) In addition to the department's responsibility to
682	682	investigate an agency foster home [or agency foster group home]
683	683	under Subsection (c), the department shall:
684	684	(1) periodically conduct inspections of a random
685	685	sample of agency foster homes [and agency foster group homes];
686	686	(2) investigate any report of a serious incident in an
687	687	agency foster home [or agency foster group home] that pertains to a
688	688	child under the age of six;
689	689	(3) investigate any alleged violation of a minimum
690	690	standard by an agency foster home [or agency foster group home] that
691	691	poses a high degree of risk to a child in the care of the home who is
692	692	under the age of six; and
693	693	(4) conduct at least one annual enforcement team
694	694	conference for each child-placing agency to thoroughly review the
695	695	investigations or inspections of the child-placing agency and all
696	696	of its agency foster homes to monitor and enforce compliance by a
697	697	child-placing agency with rules and standards established under
698	698	Section 42.042.
699	699	SECTION 26. Section 42.0448, Human Resources Code, is
700	700	amended to read as follows:
701	701	Sec. 42.0448. NOTIFICATION OF FAMILY VIOLENCE CALLS. The
702	702	department shall notify a child-placing agency or a
703	703	continuum-of-care residential operation that includes a
704	704	child-placing agency of each family violence report the department
705	705	receives under Article 5.05, Code of Criminal Procedure, that:
706	706	(1) occurred at an agency foster home verified by the
707	707	child-placing agency; or
708	708	(2) involves a person who resides at an agency foster
709	709	home verified by the child-placing agency.
710	710	SECTION 27. Section 42.0449, Human Resources Code, is
711	711	amended to read as follows:
712	712	Sec. 42.0449. REQUIRED ACTIONS AFTER NOTICE OF FAMILY
713	713	VIOLENCE CALL. The executive commissioner shall adopt rules
714	714	specifying the actions that the department, a specialized
715	715	child-care [an independent foster] home, [and] a child-placing
716	716	agency, and a continuum-of-care residential operation that
717	717	includes a child-placing agency shall take after receiving notice
718	718	of a family violence report under Article 5.05, Code of Criminal
719	719	Procedure, or Section 42.0448 to ensure the health, safety, and
720	720	welfare of each child residing in the specialized child-care
721	721	[licensed foster] home or verified agency foster home.
722	722	SECTION 28. Section 42.045(d), Human Resources Code, is
723	723	amended to read as follows:
724	724	(d) A [An independent foster home and a] child-placing
725	725	agency or a specialized child-care home that is the primary
726	726	residence of a caregiver shall notify the department of any change
727	727	of address for [a licensed foster home or] a verified agency foster
728	728	home or specialized child-care home. The [independent foster home
729	729	and] child-placing agency and specialized child-care home shall
730	730	notify the department of the address change within the earlier of
731	731	two business days or 72 hours of the date the verified agency foster
732	732	home or specialized child-care home changes its address.
733	733	SECTION 29. The heading to Section 42.0451, Human Resources
734	734	Code, is amended to read as follows:
735	735	Sec. 42.0451. DATABASE OF VERIFIED AGENCY FOSTER HOMES AND
736	736	SPECIALIZED CHILD-CARE HOMES; INFORMATION PROVIDED TO DEPARTMENT
737	737	OF PUBLIC SAFETY.
738	738	SECTION 30. Sections 42.0451(a) and (c), Human Resources
739	739	Code, are amended to read as follows:
740	740	(a) The department shall maintain a database of specialized
741	741	child-care [licensed foster] homes that are the primary residence
742	742	of a caregiver and verified agency foster homes including the
743	743	current address for each specialized child-care home [licensed] or
744	744	verified agency foster home as reported to the department. The
745	745	database must be updated on a regular basis.
746	746	(c) The Department of Public Safety shall include the
747	747	information provided under Subsection (b) in the Texas Crime
748	748	Information Center database and establish a procedure by which a
749	749	peace officer or employee of a law enforcement agency who provides
750	750	the department with a street address is automatically provided
751	751	information as to whether the address is licensed as a specialized
752	752	child-care home at the primary residence of a caregiver [foster
753	753	home] or verified as an agency foster home under this chapter.
754	754	SECTION 31. Section 42.0452, Human Resources Code, is
755	755	amended to read as follows:
756	756	Sec. 42.0452. FOSTER PARENT RIGHTS AND RESPONSIBILITIES
757	757	STATEMENT. (a) The department shall develop a statement that lists
758	758	the rights and responsibilities of a foster parent in a specialized
759	759	child-care [foster] home or an agency foster home and of the
760	760	department or a child-placing agency, as applicable.
761	761	(b) The department shall provide a written copy of the
762	762	statement developed under Subsection (a) to each foster parent in a
763	763	specialized child-care [foster] home and to each child-placing
764	764	agency licensed by the department. A child-placing agency shall
765	765	provide a written copy of the statement developed under Subsection
766	766	(a) to each foster parent in an agency foster home verified by the
767	767	child-placing agency.
768	768	SECTION 32. Section 42.046(a), Human Resources Code, is
769	769	amended to read as follows:
770	770	(a) An applicant for a license to operate a child-care
771	771	facility, [or] child-placing agency, or continuum-of-care
772	772	residential operation or for a listing or registration to operate a
773	773	family home shall submit to the department the appropriate fee
774	774	prescribed by Section 42.054 and a completed application on a form
775	775	provided by the department.
776	776	SECTION 33. The heading to Section 42.0461, Human Resources
777	777	Code, is amended to read as follows:
778	778	Sec. 42.0461. PUBLIC NOTICE AND HEARING [IN CERTAIN
779	779	COUNTIES]: RESIDENTIAL CHILD CARE.
780	780	SECTION 34. Sections 42.0461(a), (d), and (e), Human
781	781	Resources Code, are amended to read as follows:
782	782	(a) Before the department may issue a license or certificate
783	783	for the operation or the expansion of the capacity [of a foster
784	784	group home or foster family home that is located in a county with a
785	785	population of less than 300,000 and that provides child care for 24
786	786	hours a day at a location other than the actual residence of a
787	787	child's primary caretaker or] of a general residential operation or
788	788	a continuum-of-care residential operation, the applicant for the
789	789	license, certificate, or expansion shall, at the applicant's
790	790	expense:
791	791	(1) conduct a public hearing on the application in
792	792	accordance with department rules after notifying the department of
793	793	the date, time, and location of the hearing; and
794	794	(2) publish notice of the application in a newspaper
795	795	of general circulation in the community in which the child-care
796	796	services are proposed to be provided.
797	797	(d) Before issuing a license or certificate described by
798	798	Subsection (a), the department shall consider written information
799	799	provided by an interested party directly to the department's
800	800	representative at the public hearing concerning:
801	801	(1) the amount of local resources available to support
802	802	children proposed to be served by the applicant;
803	803	(2) the impact of the proposed child-care services on
804	804	the ratio in the local school district of students enrolled in a
805	805	special education program to students enrolled in a regular
806	806	education program and the effect, if any, on the children proposed
807	807	to be served by the applicant; and
808	808	(3) the impact of the proposed child-care services on
809	809	the community and the effect on opportunities for social
810	810	interaction for the children proposed to be served by the
811	811	applicant.
812	812	(e) Based on the written information provided to the
813	813	department's representative at the public hearing, the [The]
814	814	department may deny the application if the department determines
815	815	that:
816	816	(1) the community has insufficient resources to
817	817	support children proposed to be served by the applicant;
818	818	(2) granting the application would significantly
819	819	increase the ratio in the local school district of students
820	820	enrolled in a special education program to students enrolled in a
821	821	regular education program and the increase would adversely affect
822	822	the children proposed to be served by the applicant; or
823	823	(3) granting the application would have a significant
824	824	adverse impact on the community and would limit opportunities for
825	825	social interaction for the children proposed to be served by the
826	826	applicant.
827	827	SECTION 35. Subchapter C, Chapter 42, Human Resources Code,
828	828	is amended by adding Section 42.0463 to read as follows:
829	829	Sec. 42.0463. EXPANSION OF CAPACITY. Notwithstanding the
830	830	limitations established by Section 42.002, the department may issue
831	831	an exception in accordance with department rules allowing an agency
832	832	foster home, cottage family home, or specialized child-care home to
833	833	expand its capacity and care for not more than eight children.
834	834	SECTION 36. Section 42.048(e), Human Resources Code, is
835	835	amended to read as follows:
836	836	(e) A license issued under this chapter is not transferable
837	837	and applies only to the operator and facility location stated in the
838	838	license application. Except as provided by this subsection, a
839	839	change in location or ownership automatically revokes a license. A
840	840	change in location of a child-placing agency does not automatically
841	841	revoke the license to operate the child-placing agency. A
842	842	residential child-care facility operating under the license of a
843	843	continuum-of-care residential operation that changes location may
844	844	not continue to operate under that license unless the department
845	845	approves the new location after the continuum-of-care residential
846	846	operation meets all requirements related to the new location.
847	847	SECTION 37. Section 42.053, Human Resources Code, is
848	848	amended to read as follows:
849	849	Sec. 42.053. AGENCY FOSTER HOMES [AND AGENCY FOSTER GROUP
850	850	HOMES]. (a) An agency foster home [or agency foster group home] is
851	851	considered part of the child-placing agency that operates the
852	852	agency foster home [or agency foster group home] for purposes of
853	853	licensing.
854	854	(b) The operator of a licensed agency shall display a copy
855	855	of the license in a prominent place in the agency foster home [or
856	856	agency foster group home] used by the agency.
857	857	(c) An agency foster home [or agency foster group home]
858	858	shall comply with all provisions of this chapter and all department
859	859	rules and standards that apply to a child-care facility caring for a
860	860	similar number of children for a similar number of hours each day.
861	861	(d) The department shall revoke or suspend the license of a
862	862	child-placing agency if an agency foster home [or agency foster
863	863	group home] operated by the licensed agency fails to comply with
864	864	Subsection (c).
865	865	(e) Before verifying an agency foster home, a child-placing
866	866	agency may issue a provisional verification to the home. The
867	867	executive commissioner by rule may establish the criteria for a
868	868	child-placing agency to issue a provisional verification to a
869	869	prospective agency foster home.
870	870	(f) If a child-placing agency under contract with the child
871	871	protective services division of the department to provide services
872	872	as an integrated care coordinator places children with caregivers
873	873	described by Subchapter I, Chapter 264, Family Code, those
874	874	caregivers are not considered a part of the child-placing agency
875	875	for purposes of licensing.
876	876	SECTION 38. Section 42.0531, Human Resources Code, is
877	877	amended to read as follows:
878	878	Sec. 42.0531. SECURE AGENCY FOSTER HOMES [AND SECURE AGENCY
879	879	FOSTER GROUP HOMES]. (a) The commissioners court of a county or
880	880	governing body of a municipality may contract with a child-placing
881	881	agency to verify a secure agency foster home [or secure agency
882	882	foster group home] to provide a safe and therapeutic environment
883	883	tailored to the needs of children who are victims of trafficking.
884	884	(b) A child-placing agency may not verify a secure agency
885	885	foster home [or secure agency foster group home] to provide
886	886	services under this section unless the child-placing agency holds a
887	887	license issued under this chapter that authorizes the agency to
888	888	provide services to victims of trafficking in accordance with
889	889	department standards adopted under this chapter for child-placing
890	890	agencies.
891	891	(c) A secure agency foster home [or secure agency foster
892	892	group home] verified under this section must provide:
893	893	(1) mental health and other services specifically
894	894	designed to assist children who are victims of trafficking under
895	895	Section 20A.02 or 20A.03, Penal Code, including:
896	896	(A) victim and family counseling;
897	897	(B) behavioral health care;
898	898	(C) treatment and intervention for sexual
899	899	assault;
900	900	(D) education tailored to the child's needs;
901	901	(E) life skills training;
902	902	(F) mentoring; and
903	903	(G) substance abuse screening and treatment as
904	904	needed;
905	905	(2) individualized services based on the trauma
906	906	endured by a child, as determined through comprehensive assessments
907	907	of the service needs of the child;
908	908	(3) 24-hour services; and
909	909	(4) appropriate security through facility design,
910	910	hardware, technology, and staffing.
911	911	SECTION 39. Sections 42.0535(a), (b), (d), and (e), Human
912	912	Resources Code, are amended to read as follows:
913	913	(a) A child-placing agency that seeks to verify an agency
914	914	home [or an agency group home] shall request background information
915	915	about the agency home [or group home] from a child-placing agency
916	916	that has previously verified that agency home [or agency group
917	917	home].
918	918	(b) Notwithstanding Section 261.201, Family Code, a
919	919	child-placing agency that has verified an agency home [or an agency
920	920	group home] is required to release to another child-placing agency
921	921	background information requested under Subsection (a).
922	922	(d) For purposes of this section, background information
923	923	means the home study under which the agency home [or agency group
924	924	home] was verified by the previous child-placing agency and any
925	925	record of noncompliance with state minimum standards received and
926	926	the resolution of any such noncompliance by the previous
927	927	child-placing agency.
928	928	(e) The executive commissioner by rule shall develop a
929	929	process by which a child-placing agency shall report to the
930	930	department:
931	931	(1) the name of any verified agency foster home [or
932	932	foster group home] that has been closed for any reason, including a
933	933	voluntary closure;
934	934	(2) information regarding the reasons for the closure
935	935	of the agency foster home [or foster group home]; and
936	936	(3) the name and other contact information of a person
937	937	who may be contacted by another child-placing agency to obtain the
938	938	records relating to the closed agency foster home [or foster group
939	939	home] that are required to be maintained and made available under
940	940	this section.
941	941	SECTION 40. Sections 42.054(a), (d), and (g), Human
942	942	Resources Code, are amended to read as follows:
943	943	(a) The department shall charge an applicant a
944	944	nonrefundable application fee for an initial license to operate a
945	945	child-care facility, [or] a child-placing agency, or a
946	946	continuum-of-care residential operation.
947	947	(d) The department shall charge each licensed child-placing
948	948	agency or continuum-of-care residential operation an annual
949	949	license fee. The fee is due on the date on which the department
950	950	issues the [child-placing agency's] initial license to the
951	951	child-placing agency or continuum-of-care residential operation
952	952	and on the anniversary of that date.
953	953	(g) The provisions of Subsections (b) through (f) do not
954	954	apply to:
955	955	(1) [licensed foster homes and licensed foster group
956	956	homes;
957	957	[(2)] nonprofit facilities regulated under this
958	958	chapter that provided 24-hour care for children in the managing
959	959	conservatorship of the department during the 12-month period
960	960	immediately preceding the anniversary date of the facility's
961	961	license;
962	962	(2) [(3)] facilities operated by a nonprofit
963	963	corporation or foundation that provides 24-hour residential care
964	964	and does not charge for the care provided; or
965	965	(3) [(4)] a family home listed under Section 42.0523
966	966	in which the relative child-care provider cares for the child in the
967	967	child's own home.
968	968	SECTION 41. Section 42.0561, Human Resources Code, is
969	969	amended to read as follows:
970	970	Sec. 42.0561. INFORMATION RELATING TO FAMILY VIOLENCE
971	971	REPORTS. Before [the department may issue a license or
972	972	registration for a foster home or] a child-placing agency may issue
973	973	a verification certificate for an agency foster home, the
974	974	[department or] child-placing agency must obtain information
975	975	relating to each family violence report at the applicant's
976	976	residence to which a law enforcement agency responded during the 12
977	977	months preceding the date of the application. The applicant shall
978	978	provide the information on a form prescribed by the department.
979	979	SECTION 42. Section 42.063(d), Human Resources Code, is
980	980	amended to read as follows:
981	981	(d) An employee or volunteer of a general residential
982	982	operation, child-placing agency, continuum-of-care residential
983	983	operation, foster family operation [home], or specialized
984	984	child-care [foster group] home shall report any serious incident
985	985	directly to the department if the incident involves a child under
986	986	the care of the operation, agency, or home.
987	987	SECTION 43. Sections 42.0461(f) and (g), Human Resources
988	988	Code, are repealed.
989	989	SECTION 44. This Act applies only to a license or
990	990	registration issued or renewed on or after the effective date of
991	991	this Act. Facilities licensed or registered in a facility category
992	992	that is not continued following the changes in law made by this Act
993	993	shall continue to operate under the license or registration as it
994	994	existed before the effective date of this Act until the license or
995	995	registration is expired. The facilities must renew a license or
996	996	registration under the new license or registration category.
997	997	SECTION 45. This Act takes effect September 1, 2017.