Texas 2019 - 86th Regular

Texas House Bill HB4450 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R9083 SCL-D
2	2	By: González of El Paso H.B. No. 4450
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of child-care facilities and registered
8	8	family homes providing services to children with disabilities or
9	9	special needs.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 42.042(e), Human Resources Code, is
12	12	amended to read as follows:
13	13	(e) The executive commissioner shall promulgate minimum
14	14	standards that apply to licensed child-care facilities and to
15	15	registered family homes covered by this chapter and that will:
16	16	(1) promote the health, safety, and welfare of
17	17	children attending a facility or registered family home;
18	18	(2) promote safe, comfortable, and healthy physical
19	19	facilities and registered family homes for children;
20	20	(3) ensure adequate supervision of children by
21	21	capable, qualified, and healthy personnel that includes an
22	22	assessment of the wandering history of each child attending the
23	23	facility or home;
24	24	(4) ensure adequate and healthy food service where
25	25	food service is offered;
26	26	(5) prohibit [racial] discrimination on the basis of
27	27	race or disability status by child-care facilities and registered
28	28	family homes;
29	29	(6) require procedures for parental and guardian
30	30	consultation in the formulation of children's educational and
31	31	therapeutic programs;
32	32	(7) prevent the breakdown of foster care and adoptive
33	33	placement; [and]
34	34	(8) ensure that a child-care facility or registered
35	35	family home:
36	36	(A) follows the directions of a child's physician
37	37	or other health care provider in providing specialized medical
38	38	assistance required by the child; and
39	39	(B) maintains for a reasonable time a copy of any
40	40	directions from the physician or provider that the parent provides
41	41	to the facility or home; and
42	42	(9) ensure that:
43	43	(A) the facility or home promotes inclusive
44	44	practices and integrates children with special needs into the
45	45	general activities of the facility or home;
46	46	(B) the activities of the facility or home are
47	47	tailored to the strengths and needs of each child attending the
48	48	facility or home based on the child's developmental age and
49	49	competencies; and
50	50	(C) early childhood intervention service
51	51	providers have access to children with disabilities who are
52	52	attending the facility or home to provide services while the
53	53	children are at the facility or home.
54	54	SECTION 2. Section 42.0421, Human Resources Code, is
55	55	amended by amending Subsections (a) and (f) and adding Subsections
56	56	(a-1) and (a-2) to read as follows:
57	57	(a) The minimum training standards prescribed by the
58	58	executive commissioner under Section 42.042(p) for an employee,
59	59	director, or operator of a day-care center, group day-care home, or
60	60	registered family home must include:
61	61	(1) 24 hours of initial training that must be
62	62	completed not later than the 90th day after the employee's first day
63	63	of employment for an employee of a day-care center who has no
64	64	previous training or less than two years of employment experience
65	65	in a regulated child-care facility, eight hours of which must be
66	66	completed before the employee may provide care to [is given
67	67	responsibility for a group of] children but only under the
68	68	supervision of another individual who has completed the initial
69	69	training or has the required experience;
70	70	(2) 24 hours of annual training for each employee of a
71	71	day-care center or group day-care home, excluding the director,
72	72	which must include at least six hours of training in one or more of
73	73	the following areas:
74	74	(A) child growth and development, including
75	75	awareness of children with disabilities or developmental delays;
76	76	(B) guidance and discipline;
77	77	(C) age-appropriate curriculum; and
78	78	(D) teacher-child interaction; and
79	79	(3) 30 hours of annual training for each director of a
80	80	day-care center or group day-care home, or operator of a registered
81	81	family home, which must include at least six hours of training in
82	82	one or more of the following areas:
83	83	(A) child growth and development;
84	84	(B) guidance and discipline;
85	85	(C) age-appropriate curriculum; and
86	86	(D) teacher-child interaction.
87	87	(a-1) The minimum training standards prescribed in
88	88	accordance with Subsection (a)(1) for initial training must
89	89	include:
90	90	(1) child mental health training addressing social and
91	91	emotional learning, positive behavior interventions and supports,
92	92	and trauma-informed care; and
93	93	(2) training on providing care to children with
94	94	special needs.
95	95	(a-2) The minimum training standards prescribed in
96	96	accordance with Subsection (a)(2) or (a)(3) for an employee,
97	97	director, or operator of a day-care center, group day-care home, or
98	98	registered family home must include as a two-hour component of the
99	99	annual training special training on providing care to children with
100	100	special needs. The children with special needs training:
101	101	(1) may be completed through an in-person training or
102	102	a distance learning course; and
103	103	(2) must include identification of potential
104	104	developmental delays, methods for referring children with special
105	105	needs for specialized services, and information on early childhood
106	106	intervention and preschool programs for children with
107	107	disabilities.
108	108	(f) The training required by this section must be
109	109	appropriately targeted and relevant to the age of the children who
110	110	will receive care from the individual receiving training and must
111	111	be provided by a person who:
112	112	(1) is a training provider registered with the Texas
113	113	Early Childhood Professional Development System's Texas Trainer
114	114	Registry that is maintained by the Texas Head Start State
115	115	Collaboration Office;
116	116	(2) is an instructor at a public or private secondary
117	117	school, an institution of higher education, as defined by Section
118	118	61.003, Education Code, or a private college or university
119	119	accredited by a recognized accrediting agency who teaches early
120	120	childhood development or another relevant course, as determined by
121	121	rules adopted by the commissioner of education and the commissioner
122	122	of higher education;
123	123	(3) is an employee of a state agency with relevant
124	124	expertise;
125	125	(4) is a physician, psychologist, licensed
126	126	professional counselor, social worker, or registered nurse;
127	127	(5) holds a generally recognized credential or
128	128	possesses documented knowledge relevant to the training the person
129	129	will provide;
130	130	(6) is a registered family home care provider or
131	131	director of a day-care center or group day-care home in good
132	132	standing with the department, if applicable, and who:
133	133	(A) has demonstrated core knowledge in child
134	134	development and caregiving; and
135	135	(B) is only providing training at the home or
136	136	center in which the provider or director and the person receiving
137	137	training are employed; [or]
138	138	(7) has at least two years of experience working in
139	139	child development, a child development program, early childhood
140	140	education, a childhood education program, or a Head Start or Early
141	141	Head Start program and:
142	142	(A) has been awarded a Child Development
143	143	Associate (CDA) credential; or
144	144	(B) holds at least an associate's degree in child
145	145	development, early childhood education, or a related field;
146	146	(8) is an accredited early intervention specialist;
147	147	(9) is an accredited early childhood intervention
148	148	service provider; or
149	149	(10) is a Board Certified Behavior Analyst.
150	150	SECTION 3. Section 42.045(a), Human Resources Code, is
151	151	amended to read as follows:
152	152	(a) A person who operates a licensed or certified facility
153	153	shall maintain individual child development records, individual
154	154	health records, records provided by parents for children with
155	155	special needs, statistical records, and complete financial
156	156	records.
157	157	SECTION 4. Subchapter C, Chapter 42, Human Resources Code,
158	158	is amended by adding Sections 42.067 and 42.068 to read as follows:
159	159	Sec. 42.067. REQUIRED PARENTAL DISCLOSURE FOR CHILDREN WITH
160	160	DISABILITIES. A child-care facility or registered family home
161	161	shall provide written disclosure to a parent or guardian of each
162	162	child with a disability attending the facility or home that
163	163	includes:
164	164	(1) an application in the form prescribed by the
165	165	commission to initiate a referral for early childhood intervention
166	166	and contact information for providers of those services;
167	167	(2) information on the preschool program for children
168	168	with disabilities; and
169	169	(3) the policies of the facility or home on providing
170	170	care to children with disabilities.
171	171	Sec. 42.068. REPORTING OF SUSPENSION OR EXPULSION OF
172	172	CHILDREN. A child-care facility or registered family home shall
173	173	report to the commission in the form and manner prescribed by
174	174	commission rule each suspension or expulsion of a child attending
175	175	the facility or home. The report must include:
176	176	(1) the name of the child;
177	177	(2) the date of the suspension or expulsion;
178	178	(3) the reason for the suspension or expulsion;
179	179	(4) the race of the child;
180	180	(5) the disability status of the child; and
181	181	(6) the child's wandering history.
182	182	SECTION 5. As soon as practicable after the effective date
183	183	of this Act, the executive commissioner of the Health and Human
184	184	Services Commission shall adopt the rules necessary to implement
185	185	the changes in law made by this Act.
186	186	SECTION 6. This Act takes effect September 1, 2019.