85R12667 MM-F
By: West S.B. No. 1798
A BILL TO BE ENTITLED
AN ACT
relating to the collection and reporting of child safety data in
certain child-care facilities and establishing child safety
standards in those facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.042, Human Resources Code, is amended
by adding Subsection (m-1) to read as follows:
(m-1) The commissioner shall:
(1) use the data collected under Section 42.04211 to
determine:
(A) the variables that negatively impact child
safety; and
(B) the standards necessary to reduce the risk
factors to children receiving care in nonresidential child-care
facilities that provide care for less than 24 hours a day;
(2) establish standards, including staff-to-child
ratios, to maximize child safety in nonresidential child-care
facilities that provide care for less than 24 hours a day; and
(3) gradually implement the standards adopted under
Subdivision (2).
SECTION 2. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.04211 to read as follows:
Sec. 42.04211. COLLECTION OF DATA REGARDING CHILD INJURIES.
(a) Using existing resources, for each licensed nonresidential
child-care facility that provides care for less than 24 hours a day,
the department shall:
(1) collect, compile, and report data, categorized by
the age of each child, regarding serious and critical injuries,
serious incidents, and child fatalities that occur in each
facility; and
(2) routinely collect the following data to determine
risk factors related to child injury, maltreatment, and child
fatalities in each facility:
(A) the status of the facility's license;
(B) the education and certification obtained by
caregivers and directors of the facility;
(C) staff-to-child ratios and group sizes in each
classroom; and
(D) the facility's program capacity.
(b) The department shall publish the data collected under
Subsection (a) on the department's Internet website for use by
consumers and the public.
SECTION 3. (a) The executive commissioner of the Health and
Human Services Commission shall adopt the rules required by Section
42.042(m-1), Human Resources Code, as added by this Act, not later
than September 1, 2018.
(b) The Health and Human Services Commission is not required
to publish the staff-to-child ratio and group size data as required
by Section 42.04211(b), Human Resources Code, as added by this Act,
until December 1, 2018.
SECTION 4. This Act takes effect September 1, 2017.