86R9000 SCL-D
By: Deshotel H.B. No. 2866
A BILL TO BE ENTITLED
AN ACT
relating to certain investigation and evaluation information
regarding certain child-care facilities, homes, and programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.203, Family Code, is amended by
adding Subsections (a-1) and (g) and amending Subsection (b) to
read as follows:
(a-1) Subsection (a) applies to an investigation of alleged
abuse or neglect that occurred in a residential child-care
facility, day-care center, group day-care home, before-school or
after-school program, school-age program, or family home
regardless of whether the facility or program is licensed,
registered, or listed in accordance with Chapter 42, Human
Resources Code.
(b) If, after a child abuse or neglect investigation
described by Subsection (a) is completed, the department determines
a child's death or a child's near fatality was caused by abuse or
neglect, the department on request shall promptly release
investigation information not prohibited from release under
federal law, including the following information:
(1) the information described by Subsection (a), if
not previously released to the person requesting the information;
(2) information on whether a child's death or near
fatality:
(A) was determined by the department to be
attributable to abuse or neglect; or
(B) resulted in a criminal investigation or the
filing of criminal charges if known at the time the investigation is
completed;
(3) for cases in which the child's death or near
fatality occurred while the child was living with the child's
parent, managing conservator, guardian, or other person entitled to
possession of the child:
(A) a summary of any previous reports of abuse or
neglect of the child or another child made while the child was
living with that parent, managing conservator, guardian, or other
person entitled to possession of the child;
(B) the disposition of any report under Paragraph
(A);
(C) a description of any services, including
family-based safety services, that were provided or offered by the
department to the child or the child's family as a result of any
report under Paragraph (A) and whether the services were accepted
or declined; and
(D) the results of any risk or safety assessment
completed by the department relating to the child; [and]
(4) for a case in which the child's death or near
fatality occurred while the child was in substitute care with the
department or with a residential child-care facility [provider]
regulated under Chapter 42, Human Resources Code, the following
information:
(A) the date the substitute care provider with
whom the child was residing at the time of death or near fatality
was licensed or verified;
(B) a summary of any previous reports of abuse or
neglect investigated by the department relating to the substitute
care provider, including the disposition of any investigation
resulting from a report;
(C) any reported licensing violations, including
notice of any action taken by the Health and Human Services
Commission [department] regarding a violation; and
(D) records of any training completed by the
substitute care provider while the child was placed with the
provider; and
(5) for a case in which the child's death or near
fatality occurred in a day-care center, group day-care home,
before-school or after-school program, school-age program, or
family home, the following information:
(A) whether the day-care center, group day-care
home, before-school or after-school program, school-age program,
or family home was licensed, registered, or listed at the time of
the child's death or near fatality;
(B) a summary of any previous reports of abuse or
neglect investigated by the department relating to the day-care
center, group day-care home, before-school or after-school
program, school-age program, or family home, including the
disposition of any investigation resulting from a report;
(C) any reported licensing, registration, or
listing violations, including notice of any action taken by the
Health and Human Services Commission regarding a violation; and
(D) records of any training completed by the
day-care center, group day-care home, before-school or
after-school program, school-age program, or family home.
(g) In this section, "residential child-care facility,"
"day-care center," "group day-care home," "before-school or
after-school program," "school-age program," and "family home"
have the meanings assigned by Section 42.002, Human Resources Code.
SECTION 2. Section 42.04425, Human Resources Code, is
amended to read as follows:
Sec. 42.04425. INSPECTION INFORMATION DATABASE. (a) If
feasible using available information systems, the commission
[department] shall establish a computerized database containing
relevant inspection information on licensed day-care centers,
licensed group day-care homes, and registered family homes from
other state agencies and political subdivisions of the state.
(b) The commission [department] shall make the data
collected by the commission [department] available to another state
agency or political subdivision of the state for the purpose of
administering programs or enforcing laws within the jurisdiction of
that agency or subdivision. If feasible using available
information systems, the commission [department] shall make the
data directly available to [the Department of State Health
Services, the Department of Aging and Disability Services, and] the
Texas Workforce Commission through electronic information
systems. The commission [department, the Department of State
Health Services, the Department of Aging and Disability Services,]
and the Texas Workforce Commission shall jointly plan the
development of child-care inspection databases that, to the extent
feasible, are similar in their design and architecture to promote
the sharing of data.
(c) The commission [department] may provide inspection data
on licensed day-care centers, licensed group day-care homes, or
registered family homes to the public if the commission
[department] determines that providing inspection data enhances
consumer choice with respect to those facilities.
(d) The inspection data the commission provides to the
public under Subsection (c) regarding a licensed day-care center,
licensed group day-care home, or registered family home must
include:
(1) information on any violation by the center or home
that is related to the sexual abuse of a child attending the center
or home and details of the violation;
(2) information on any incident at the center or home
that the commission determines violates the minimum standards for
the center or home or results in abuse or neglect of a child
attending the center or home; and
(3) a sufficient amount of detail in the information
provided under Subdivision (1) or (2) for the public to understand
the circumstances surrounding a violation, including any action
taken by the center or home to remedy the violation.
(e) The commission may collaborate with parents and other
interested parties in determining the type of information provided
to the public under this section. The commission shall protect a
child's identity in all information provided to the public under
this section.
(f) The commission shall retain in the inspection data the
information required under Subsection (d) until at least the fifth
anniversary of the date the information is added to the data.
SECTION 3. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.0552 to read as follows:
Sec. 42.0552. REQUIRED NOTICE OF CERTAIN VIOLATIONS RELATED
TO SEXUAL ABUSE. (a) If the commission determines that a
child-care facility or family home has violated a statute or rule
and the violation results in the sexual abuse of a child attending
the facility or home, the commission shall provide written notice
of the violation to the facility or home.
(b) On receipt of the notice described by Subsection (a), a
child-care facility or family home shall provide written notice of
the violation described by the commission's notice to each parent
or legal guardian of a child attending the facility or home.
SECTION 4. Section 302.0042, Labor Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The commission's evaluation must assess:
(1) the use of current federal child care funds by each
local workforce development board;
(2) the ability of each local workforce development
board to meet child care performance measures;
(3) the estimated [average] cost incurred by child
care providers [of child care] in each local workforce development
area as stated in the report required under 45 C.F.R. Section
98.45(f)(1);
(4) the average price charged by child care providers
for child care in each local workforce development area as stated in
the market rate survey conducted under 45 C.F.R. Section 98.45(c);
(5) the poverty rate of each local workforce
development area compared to the state's poverty rate;
(6) [(5)] the number of children on waiting lists for
child care in each local workforce development area; [and]
(7) [(6)] the number of places that are reserved for
participants in the child care subsidy program out of the total
number of children enrolled with a provider on a full-time basis
categorized by age of the child for each provider [vacant slots
available for child care placement] in each local workforce
development area that is certified as a 2-star, 3-star, or 4-star
provider in the Texas Rising Star Program or that does not
participate in the Texas Rising Star Program;
(8) the total number of child care providers
participating in the Texas Rising Star Program in each local
workforce development area and the number of 2-star, 3-star, and
4-star rated child care providers in the local workforce
development area;
(9) the number of child care providers participating
in the Texas Rising Star Program in each local workforce
development area as a percentage of the total number of subsidized
child care providers in the local workforce development area and
the number of 2-star, 3-star, and 4-star rated child care providers
in the local workforce development area as a percentage of the total
number of subsidized child care providers in the local workforce
development area;
(10) the total number of children enrolled in
subsidized child care providers participating in the Texas Rising
Star Program in each local workforce development area and the
number of subsidized children enrolled in 2-star, 3-star, and
4-star rated child care providers in the local workforce
development area; and
(11) the number of subsidized children enrolled in
child care providers participating in the Texas Rising Star Program
in each local workforce development area as a percentage of the
total number of subsidized children enrolled in child care
providers in the local workforce development area and the number of
subsidized children enrolled in 2-star, 3-star, and 4-star rated
child care providers in the local workforce development area as a
percentage of the total number of subsidized children enrolled in
child care providers in the local workforce development area.
(c) For the purposes of evaluation under this section, the
commission shall annually update the information described by
Subsections (b)(6)-(11).
SECTION 5. Section 42.0552, Human Resources Code, as added
by this Act, applies only to a violation occurring on or after the
effective date of this Act.
SECTION 6. This Act takes effect September 1, 2019.