| 1 | 1 | | 86R2374 MCK-D |
|---|
| 2 | 2 | | By: Bernal H.B. No. 1765 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to standards for certain child-care facilities that detain |
|---|
| 8 | 8 | | unaccompanied children. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter C, Chapter 42, Human Resources Code, |
|---|
| 11 | 11 | | is amended by adding Section 42.067 to read as follows: |
|---|
| 12 | 12 | | Sec. 42.067. STANDARDS FOR RESIDENTIAL DETENTION |
|---|
| 13 | 13 | | FACILITIES. (a) This section applies only to a residential |
|---|
| 14 | 14 | | child-care facility that: |
|---|
| 15 | 15 | | (1) is operated by or under a contract with United |
|---|
| 16 | 16 | | States Immigration and Customs Enforcement to enforce federal |
|---|
| 17 | 17 | | immigration laws; and |
|---|
| 18 | 18 | | (2) detains a child who is not accompanied by or in the |
|---|
| 19 | 19 | | physical custody of a parent, guardian, or other adult family |
|---|
| 20 | 20 | | member. |
|---|
| 21 | 21 | | (b) The commission shall adopt rules that require a |
|---|
| 22 | 22 | | residential child-care facility described by Subsection (a) to: |
|---|
| 23 | 23 | | (1) allow each child described by Subsection (a)(2) |
|---|
| 24 | 24 | | who is detained in the facility to: |
|---|
| 25 | 25 | | (A) contact the child's parent, guardian, or |
|---|
| 26 | 26 | | other adult family member at least two times each week by telephone, |
|---|
| 27 | 27 | | video conference, or similar form of communication; and |
|---|
| 28 | 28 | | (B) visit in person with the child's parent, |
|---|
| 29 | 29 | | guardian, or other adult family member; and |
|---|
| 30 | 30 | | (2) follow a protocol of trauma-informed care in |
|---|
| 31 | 31 | | providing services to the child. |
|---|
| 32 | 32 | | (c) If a child-care facility described by Subsection (a) is |
|---|
| 33 | 33 | | located 30 miles or less from the facility in which a child's |
|---|
| 34 | 34 | | parent, guardian, or other adult family member is detained, the |
|---|
| 35 | 35 | | child-care facility shall exercise its best efforts to ensure the |
|---|
| 36 | 36 | | child has in-person visits with the child's parent, guardian, or |
|---|
| 37 | 37 | | other adult family member. |
|---|
| 38 | 38 | | SECTION 2. This Act takes effect September 1, 2019. |
|---|