Texas 2019 - 86th Regular

Texas House Bill HB2866 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R23795~~ SCL-D
	1	+	86R9000 SCL-D
2	2		By: Deshotel H.B. No. 2866
3		-	Substitute the following for H.B. No. 2866:
4		-	By: Hinojosa C.S.H.B. No. 2866
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to certain investigation and evaluation information
10	8		regarding certain child-care facilities, homes, and programs.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 261.203, Family Code, is amended by
13		-	adding Subsections (a-1)~~, (b-1),~~ and (g) and amending Subsection
14		-	~~(b) to~~ read as follows:
	11	+	adding Subsections (a-1) and (g) and amending Subsection (b) to
	12	+	read as follows:
15	13		(a-1) Subsection (a) applies to an investigation of alleged
16	14		abuse or neglect that occurred in a residential child-care
17	15		facility, day-care center, group day-care home, before-school or
18	16		after-school program, school-age program, or family home
19	17		regardless of whether the facility or program is licensed,
20	18		registered, or listed in accordance with Chapter 42, Human
21	19		Resources Code.
22	20		(b) If, after a child abuse or neglect investigation
23	21		described by Subsection (a) is completed, the department determines
24	22		a child's death or a child's near fatality was caused by abuse or
25	23		neglect, the department on request shall promptly release
26	24		investigation information not prohibited from release under
27	25		federal law, including the following information:
28	26		(1) the information described by Subsection (a), if
29	27		not previously released to the person requesting the information;
30	28		(2) information on whether a child's death or near
31	29		fatality:
32	30		(A) was determined by the department to be
33	31		attributable to abuse or neglect; or
34	32		(B) resulted in a criminal investigation or the
35	33		filing of criminal charges if known at the time the investigation is
36	34		completed;
37	35		(3) for cases in which the child's death or near
38	36		fatality occurred while the child was living with the child's
39	37		parent, managing conservator, guardian, or other person entitled to
40	38		possession of the child:
41	39		(A) a summary of any previous reports of abuse or
42	40		neglect of the child or another child made while the child was
43	41		living with that parent, managing conservator, guardian, or other
44	42		person entitled to possession of the child;
45	43		(B) the disposition of any report under Paragraph
46	44		(A);
47	45		(C) a description of any services, including
48	46		family-based safety services, that were provided or offered by the
49	47		department to the child or the child's family as a result of any
50	48		report under Paragraph (A) and whether the services were accepted
51	49		or declined; and
52	50		(D) the results of any risk or safety assessment
53	51		completed by the department relating to the child; [and]
54	52		(4) for a case in which the child's death or near
55	53		fatality occurred while the child was in substitute care with the
56	54		department or with a residential child-care facility [provider]
57	55		regulated under Chapter 42, Human Resources Code, the following
58	56		information:
59	57		(A) the date the substitute care provider with
60	58		whom the child was residing at the time of death or near fatality
61	59		was licensed or verified;
62	60		(B) a summary of any previous reports of abuse or
63	61		neglect investigated by the department relating to the substitute
64	62		care provider, including the disposition of any investigation
65	63		resulting from a report;
66	64		(C) any reported licensing violations, including
67	65		notice of any action taken by the Health and Human Services
68	66		Commission [department] regarding a violation; and
69	67		(D) records of any training completed by the
70	68		substitute care provider while the child was placed with the
71	69		provider; and
72	70		(5) for a case in which the child's death or near
73	71		fatality occurred in a day-care center, group day-care home,
74	72		before-school or after-school program, school-age program, or
75	73		family home, the following information:
76	74		(A) whether the day-care center, group day-care
77	75		home, before-school or after-school program, school-age program,
78	76		or family home was licensed, registered, or listed at the time of
79	77		the child's death or near fatality;
80	78		(B) a summary of any previous reports of abuse or
81	79		neglect investigated by the department relating to the day-care
82	80		center, group day-care home, before-school or after-school
83	81		program, school-age program, or family home, including the
84	82		disposition of any investigation resulting from a report;
85	83		(C) any reported licensing, registration, or
86	84		listing violations, including notice of any action taken by the
87	85		Health and Human Services Commission regarding a violation; and
88	86		(D) records of any training completed by the
89	87		day-care center, group day-care home, before-school or
90	88		after-school program, school-age program, or family home.
91		-	(b-1) The department shall release the information
92		-	described by this section in the most cost-efficient manner
93		-	possible.
94	89		(g) In this section, "residential child-care facility,"
95	90		"day-care center," "group day-care home," "before-school or
96	91		after-school program," "school-age program," and "family home"
97	92		have the meanings assigned by Section 42.002, Human Resources Code.
98	93		SECTION 2. Section 42.04425, Human Resources Code, is
99	94		amended to read as follows:
100	95		Sec. 42.04425. INSPECTION INFORMATION DATABASE. (a) If
101	96		feasible using available information systems, the commission
102	97		[department] shall establish a computerized database containing
103	98		relevant inspection information on licensed day-care centers,
104	99		licensed group day-care homes, and registered family homes from
105	100		other state agencies and political subdivisions of the state.
106	101		(b) The commission [department] shall make the data
107	102		collected by the commission [department] available to another state
108	103		agency or political subdivision of the state for the purpose of
109	104		administering programs or enforcing laws within the jurisdiction of
110	105		that agency or subdivision. If feasible using available
111	106		information systems, the commission [department] shall make the
112	107		data directly available to [the Department of State Health
113	108		Services, the Department of Aging and Disability Services, and] the
114	109		Texas Workforce Commission through electronic information
115	110		systems. The commission [department, the Department of State
116	111		Health Services, the Department of Aging and Disability Services,]
117	112		and the Texas Workforce Commission shall jointly plan the
118	113		development of child-care inspection databases that, to the extent
119	114		feasible, are similar in their design and architecture to promote
120	115		the sharing of data.
121	116		(c) The commission [department] may provide inspection data
122	117		on licensed day-care centers, licensed group day-care homes, or
123	118		registered family homes to the public if the commission
124	119		[department] determines that providing inspection data enhances
125	120		consumer choice with respect to those facilities.
126	121		(d) The inspection data the commission provides to the
127	122		public under Subsection (c) regarding a licensed day-care center,
128	123		licensed group day-care home, or registered family home must
129	124		include:
130	125		(1) information on any violation by the center or home
131	126		that is related to the sexual abuse of a child attending the center
132	127		or home and details of the violation;
133	128		(2) information on any incident at the center or home
134	129		that the commission determines violates the minimum standards for
135	130		the center or home or results in abuse or neglect of a child
136	131		attending the center or home; and
137	132		(3) a sufficient amount of detail in the information
138	133		provided under Subdivision (1) or (2) for the public to understand
139	134		the circumstances surrounding a violation, including any action
140	135		taken by the center or home to remedy the violation.
141	136		(e) The commission may collaborate with parents and other
142	137		interested parties in determining the type of information provided
143	138		to the public under this section. The commission shall protect a
144	139		child's identity in all information provided to the public under
145	140		this section.
146	141		(f) The commission shall retain in the inspection data the
147	142		information required under Subsection (d) until at least the fifth
148	143		anniversary of the date the information is added to the data.
149	144		SECTION 3. Subchapter C, Chapter 42, Human Resources Code,
150	145		is amended by adding Section 42.0552 to read as follows:
151	146		Sec. 42.0552. REQUIRED NOTICE OF CERTAIN VIOLATIONS RELATED
152	147		TO SEXUAL ABUSE. (a) If the commission determines that a
153	148		child-care facility or family home has violated a statute or rule
154	149		and the violation results in the sexual abuse of a child attending
155	150		the facility or home, the commission shall provide written notice
156	151		of the violation to the facility or home.
157	152		(b) On receipt of the notice described by Subsection (a), a
158	153		child-care facility or family home shall provide written notice of
159	154		the violation described by the commission's notice to each parent
160	155		or legal guardian of a child attending the facility or home.
161	156		SECTION 4. Section 302.0042, Labor Code, is amended by
162	157		amending Subsection (b) and adding Subsection (c) to read as
163	158		follows:
164	159		(b) The commission's evaluation must assess:
165	160		(1) the use of current federal child care funds by each
166	161		local workforce development board;
167	162		(2) the ability of each local workforce development
168	163		board to meet child care performance measures;
169	164		(3) the estimated [average] cost incurred by child
170	165		care providers [of child care] in each local workforce development
171	166		area as stated in the report required under 45 C.F.R. Section
172	167		98.45(f)(1);
173	168		(4) the average price charged by child care providers
174	169		for child care in each local workforce development area as stated in
175	170		the market rate survey conducted under 45 C.F.R. Section 98.45(c);
176	171		(5) the poverty rate of each local workforce
177	172		development area compared to the state's poverty rate;
178	173		(6) [(5)] the number of children on waiting lists for
179	174		child care in each local workforce development area; [and]
180	175		(7) [(6)] the number of places that are reserved for
181	176		participants in the child care subsidy program out of the total
182	177		number of children enrolled with a provider on a full-time basis
183	178		categorized by age of the child for each provider [vacant slots
184	179		available for child care placement] in each local workforce
185	180		development area that is certified as a 2-star, 3-star, or 4-star
186	181		provider in the Texas Rising Star Program or that does not
187	182		participate in the Texas Rising Star Program;
188	183		(8) the total number of child care providers
189	184		participating in the Texas Rising Star Program in each local
190	185		workforce development area and the number of 2-star, 3-star, and
191	186		4-star rated child care providers in the local workforce
192	187		development area;
193	188		(9) the number of child care providers participating
194	189		in the Texas Rising Star Program in each local workforce
195	190		development area as a percentage of the total number of subsidized
196	191		child care providers in the local workforce development area and
197	192		the number of 2-star, 3-star, and 4-star rated child care providers
198	193		in the local workforce development area as a percentage of the total
199	194		number of subsidized child care providers in the local workforce
200	195		development area;
201	196		(10) the total number of children enrolled in
202	197		subsidized child care providers participating in the Texas Rising
203	198		Star Program in each local workforce development area and the
204	199		number of subsidized children enrolled in 2-star, 3-star, and
205	200		4-star rated child care providers in the local workforce
206	201		development area; and
207	202		(11) the number of subsidized children enrolled in
208	203		child care providers participating in the Texas Rising Star Program
209	204		in each local workforce development area as a percentage of the
210	205		total number of subsidized children enrolled in child care
211	206		providers in the local workforce development area and the number of
212	207		subsidized children enrolled in 2-star, 3-star, and 4-star rated
213	208		child care providers in the local workforce development area as a
214	209		percentage of the total number of subsidized children enrolled in
215	210		child care providers in the local workforce development area.
216	211		(c) For the purposes of evaluation under this section, the
217	212		commission shall annually update the information described by
218	213		Subsections (b)(6)-(11).
219	214		SECTION 5. Section 42.0552, Human Resources Code, as added
220	215		by this Act, applies only to a violation occurring on or after the
221	216		effective date of this Act.
222	217		SECTION 6. This Act takes effect September 1, 2019.