| 1 | 1 | | 85R12667 MM-F |
|---|
| 2 | 2 | | By: West S.B. No. 1798 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the collection and reporting of child safety data in |
|---|
| 8 | 8 | | certain child-care facilities and establishing child safety |
|---|
| 9 | 9 | | standards in those facilities. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 42.042, Human Resources Code, is amended |
|---|
| 12 | 12 | | by adding Subsection (m-1) to read as follows: |
|---|
| 13 | 13 | | (m-1) The commissioner shall: |
|---|
| 14 | 14 | | (1) use the data collected under Section 42.04211 to |
|---|
| 15 | 15 | | determine: |
|---|
| 16 | 16 | | (A) the variables that negatively impact child |
|---|
| 17 | 17 | | safety; and |
|---|
| 18 | 18 | | (B) the standards necessary to reduce the risk |
|---|
| 19 | 19 | | factors to children receiving care in nonresidential child-care |
|---|
| 20 | 20 | | facilities that provide care for less than 24 hours a day; |
|---|
| 21 | 21 | | (2) establish standards, including staff-to-child |
|---|
| 22 | 22 | | ratios, to maximize child safety in nonresidential child-care |
|---|
| 23 | 23 | | facilities that provide care for less than 24 hours a day; and |
|---|
| 24 | 24 | | (3) gradually implement the standards adopted under |
|---|
| 25 | 25 | | Subdivision (2). |
|---|
| 26 | 26 | | SECTION 2. Subchapter C, Chapter 42, Human Resources Code, |
|---|
| 27 | 27 | | is amended by adding Section 42.04211 to read as follows: |
|---|
| 28 | 28 | | Sec. 42.04211. COLLECTION OF DATA REGARDING CHILD INJURIES. |
|---|
| 29 | 29 | | (a) Using existing resources, for each licensed nonresidential |
|---|
| 30 | 30 | | child-care facility that provides care for less than 24 hours a day, |
|---|
| 31 | 31 | | the department shall: |
|---|
| 32 | 32 | | (1) collect, compile, and report data, categorized by |
|---|
| 33 | 33 | | the age of each child, regarding serious and critical injuries, |
|---|
| 34 | 34 | | serious incidents, and child fatalities that occur in each |
|---|
| 35 | 35 | | facility; and |
|---|
| 36 | 36 | | (2) routinely collect the following data to determine |
|---|
| 37 | 37 | | risk factors related to child injury, maltreatment, and child |
|---|
| 38 | 38 | | fatalities in each facility: |
|---|
| 39 | 39 | | (A) the status of the facility's license; |
|---|
| 40 | 40 | | (B) the education and certification obtained by |
|---|
| 41 | 41 | | caregivers and directors of the facility; |
|---|
| 42 | 42 | | (C) staff-to-child ratios and group sizes in each |
|---|
| 43 | 43 | | classroom; and |
|---|
| 44 | 44 | | (D) the facility's program capacity. |
|---|
| 45 | 45 | | (b) The department shall publish the data collected under |
|---|
| 46 | 46 | | Subsection (a) on the department's Internet website for use by |
|---|
| 47 | 47 | | consumers and the public. |
|---|
| 48 | 48 | | SECTION 3. (a) The executive commissioner of the Health and |
|---|
| 49 | 49 | | Human Services Commission shall adopt the rules required by Section |
|---|
| 50 | 50 | | 42.042(m-1), Human Resources Code, as added by this Act, not later |
|---|
| 51 | 51 | | than September 1, 2018. |
|---|
| 52 | 52 | | (b) The Health and Human Services Commission is not required |
|---|
| 53 | 53 | | to publish the staff-to-child ratio and group size data as required |
|---|
| 54 | 54 | | by Section 42.04211(b), Human Resources Code, as added by this Act, |
|---|
| 55 | 55 | | until December 1, 2018. |
|---|
| 56 | 56 | | SECTION 4. This Act takes effect September 1, 2017. |
|---|