Texas 2019 - 86th Regular

Texas Senate Bill SB705 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Watson, et al. S.B. No. 705
2		-	(Deshotel)
	1	+	By: Watson, Zaffirini S.B. No. 705
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to certain investigation and evaluation information
8	7		regarding certain child-care facilities, homes, and programs.
9	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	9		SECTION 1. Section 261.203, Family Code, is amended by
11	10		adding Subsections (a-1), (b-1), and (g) and amending Subsection
12	11		(b) to read as follows:
13	12		(a-1) Subsection (a) applies to an investigation of alleged
14	13		abuse or neglect that occurred in a residential child-care
15	14		facility, day-care center, group day-care home, before-school or
16	15		after-school program, school-age program, or family home
17	16		regardless of whether the facility or program is licensed,
18	17		registered, or listed in accordance with Chapter 42, Human
19	18		Resources Code.
20	19		(b) If, after a child abuse or neglect investigation
21	20		described by Subsection (a) is completed, the department determines
22	21		a child's death or a child's near fatality was caused by abuse or
23	22		neglect, the department on request shall promptly release
24	23		investigation information not prohibited from release under
25	24		federal law, including the following information:
26	25		(1) the information described by Subsection (a), if
27	26		not previously released to the person requesting the information;
28	27		(2) information on whether a child's death or near
29	28		fatality:
30	29		(A) was determined by the department to be
31	30		attributable to abuse or neglect; or
32	31		(B) resulted in a criminal investigation or the
33	32		filing of criminal charges if known at the time the investigation is
34	33		completed;
35	34		(3) for cases in which the child's death or near
36	35		fatality occurred while the child was living with the child's
37	36		parent, managing conservator, guardian, or other person entitled to
38	37		possession of the child:
39	38		(A) a summary of any previous reports of abuse or
40	39		neglect of the child or another child made while the child was
41	40		living with that parent, managing conservator, guardian, or other
42	41		person entitled to possession of the child;
43	42		(B) the disposition of any report under Paragraph
44	43		(A);
45	44		(C) a description of any services, including
46	45		family-based safety services, that were provided or offered by the
47	46		department to the child or the child's family as a result of any
48	47		report under Paragraph (A) and whether the services were accepted
49	48		or declined; and
50	49		(D) the results of any risk or safety assessment
51	50		completed by the department relating to the child; [and]
52	51		(4) for a case in which the child's death or near
53	52		fatality occurred while the child was in substitute care with the
54	53		department or with a residential child-care facility [provider]
55	54		regulated under Chapter 42, Human Resources Code, the following
56	55		information:
57	56		(A) the date the substitute care provider with
58	57		whom the child was residing at the time of death or near fatality
59	58		was licensed or verified;
60	59		(B) a summary of any previous reports of abuse or
61	60		neglect investigated by the department relating to the substitute
62	61		care provider, including the disposition of any investigation
63	62		resulting from a report;
64	63		(C) any reported licensing violations, including
65	64		notice of any action taken by the Health and Human Services
66	65		Commission [department] regarding a violation; and
67	66		(D) records of any training completed by the
68	67		substitute care provider while the child was placed with the
69	68		provider; and
70	69		(5) for a case in which the child's death or near
71	70		fatality occurred in a day-care center, group day-care home,
72	71		before-school or after-school program, school-age program, or
73	72		family home, the following information:
74	73		(A) whether the day-care center, group day-care
75	74		home, before-school or after-school program, school-age program,
76	75		or family home was licensed, registered, or listed at the time of
77	76		the child's death or near fatality;
78	77		(B) a summary of any previous reports of abuse or
79	78		neglect investigated by the department relating to the day-care
80	79		center, group day-care home, before-school or after-school
81	80		program, school-age program, or family home, including the
82	81		disposition of any investigation resulting from a report;
83	82		(C) any reported licensing, registration, or
84	83		listing violations, including notice of any action taken by the
85	84		Health and Human Services Commission regarding a violation; and
86	85		(D) records of any training completed by the
87	86		day-care center, group day-care home, before-school or
88	87		after-school program, school-age program, or family home.
89	88		(b-1) The department shall release the information
90	89		described by this section in the most cost-efficient manner
91	90		possible.
92	91		(g) In this section, "residential child-care facility,"
93	92		"day-care center," "group day-care home," "before-school or
94	93		after-school program," "school-age program," and "family home"
95	94		have the meanings assigned by Section 42.002, Human Resources Code.
96	95		SECTION 2. Section 42.04425, Human Resources Code, is
97	96		amended to read as follows:
98	97		Sec. 42.04425. INSPECTION INFORMATION DATABASE. (a) If
99	98		feasible using available information systems, the commission
100	99		[department] shall establish a computerized database containing
101	100		relevant inspection information on licensed day-care centers,
102	101		licensed group day-care homes, and registered family homes from
103	102		other state agencies and political subdivisions of the state.
104	103		(b) The commission [department] shall make the data
105	104		collected by the commission [department] available to another state
106	105		agency or political subdivision of the state for the purpose of
107	106		administering programs or enforcing laws within the jurisdiction of
108	107		that agency or subdivision. If feasible using available
109	108		information systems, the commission [department] shall make the
110	109		data directly available to [the Department of State Health
111	110		Services, the Department of Aging and Disability Services, and] the
112	111		Texas Workforce Commission through electronic information systems.
113	112		The commission [department, the Department of State Health
114	113		Services, the Department of Aging and Disability Services,] and the
115	114		Texas Workforce Commission shall jointly plan the development of
116	115		child-care inspection databases that, to the extent feasible, are
117	116		similar in their design and architecture to promote the sharing of
118	117		data.
119	118		(c) The commission [department] may provide inspection data
120	119		on licensed day-care centers, licensed group day-care homes, or
121	120		registered family homes to the public if the commission
122	121		[department] determines that providing inspection data enhances
123	122		consumer choice with respect to those facilities.
124	123		(d) The inspection data the commission provides to the
125	124		public under Subsection (c) regarding a licensed day-care center,
126	125		licensed group day-care home, or registered family home must
127	126		include:
128	127		(1) information on any violation by the center or home
129	128		that is related to the sexual abuse of a child attending the center
130	129		or home and details of the violation;
131	130		(2) information on any incident at the center or home
132	131		that the commission determines violates the minimum standards for
133	132		the center or home or results in abuse or neglect of a child
134	133		attending the center or home; and
135	134		(3) a sufficient amount of detail in the information
136	135		provided under Subdivision (1) or (2) for the public to understand
137	136		the circumstances surrounding a violation, including any action
138	137		taken by the center or home to remedy the violation.
139	138		(e) The commission may collaborate with parents and other
140	139		interested parties in determining the type of information provided
141	140		to the public under this section. The commission shall protect a
142	141		child's identity in all information provided to the public under
143	142		this section.
144	143		(f) The commission shall retain in the inspection data the
145	144		information required under Subsection (d) until at least the fifth
146	145		anniversary of the date the information is added to the data.
147	146		SECTION 3. Subchapter C, Chapter 42, Human Resources Code,
148	147		is amended by adding Section 42.0552 to read as follows:
149	148		Sec. 42.0552. REQUIRED NOTICE OF CERTAIN VIOLATIONS RELATED
150	149		TO SEXUAL ABUSE. (a) If the commission determines that a
151	150		child-care facility or family home has violated a statute or rule
152	151		and the violation results in the sexual abuse of a child attending
153	152		the facility or home, the commission shall provide written notice
154	153		of the violation to the facility or home.
155	154		(b) On receipt of the notice described by Subsection (a), a
156	155		child-care facility or family home shall provide written notice of
157	156		the violation described by the commission's notice to each parent
158	157		or legal guardian of a child attending the facility or home.
159	158		SECTION 4. Section 302.0042, Labor Code, is amended by
160	159		amending Subsection (b) and adding Subsection (c) to read as
161	160		follows:
162	161		(b) The commission's evaluation must assess:
163	162		(1) the use of current federal child care funds by each
164	163		local workforce development board;
165	164		(2) the ability of each local workforce development
166	165		board to meet child care performance measures;
167	166		(3) the estimated [average] cost incurred by child
168	167		care providers [of child care] in each local workforce development
169	168		area as stated in the report required under 45 C.F.R. Section
170	169		98.45(f)(1);
171	170		(4) the average price charged by child care providers
172	171		for child care in each local workforce development area as stated in
173	172		the market rate survey conducted under 45 C.F.R. Section 98.45(c);
174	173		(5) the poverty rate of each local workforce
175	174		development area compared to the state's poverty rate;
176	175		(6) [(5)] the number of children on waiting lists for
177	176		child care in each local workforce development area; [and]
178	177		(7) [(6)] the number of places that are reserved for
179	178		participants in the child care subsidy program out of the total
180	179		number of children enrolled with a provider on a full-time basis
181	180		categorized by age of the child for each provider [vacant slots
182	181		available for child care placement] in each local workforce
183	182		development area that is certified as a 2-star, 3-star, or 4-star
184	183		provider in the Texas Rising Star Program or that does not
185	184		participate in the Texas Rising Star Program;
186	185		(8) the total number of child care providers
187	186		participating in the Texas Rising Star Program in each local
188	187		workforce development area and the number of 2-star, 3-star, and
189	188		4-star rated child care providers in the local workforce
190	189		development area;
191	190		(9) the number of child care providers participating
192	191		in the Texas Rising Star Program in each local workforce
193	192		development area as a percentage of the total number of subsidized
194	193		child care providers in the local workforce development area and
195	194		the number of 2-star, 3-star, and 4-star rated child care providers
196	195		in the local workforce development area as a percentage of the total
197	196		number of subsidized child care providers in the local workforce
198	197		development area;
199	198		(10) the total number of children enrolled in
200	199		subsidized child care providers participating in the Texas Rising
201	200		Star Program in each local workforce development area and the
202	201		number of subsidized children enrolled in 2-star, 3-star, and
203	202		4-star rated child care providers in the local workforce
204	203		development area; and
205	204		(11) the number of subsidized children enrolled in
206	205		child care providers participating in the Texas Rising Star Program
207	206		in each local workforce development area as a percentage of the
208	207		total number of subsidized children enrolled in child care
209	208		providers in the local workforce development area and the number of
210	209		subsidized children enrolled in 2-star, 3-star, and 4-star rated
211	210		child care providers in the local workforce development area as a
212	211		percentage of the total number of subsidized children enrolled in
213	212		child care providers in the local workforce development area.
214	213		(c) For the purposes of evaluation under this section, the
215	214		commission shall annually update the information described by
216	215		Subsections (b)(6)-(11).
217	216		SECTION 5. Section 42.0552, Human Resources Code, as added
218	217		by this Act, applies only to a violation occurring on or after the
219	218		effective date of this Act.
220	219		SECTION 6. The Department of Family and Protective Services
221	220		is required to implement a provision of this Act only if the
222	221		legislature appropriates money specifically for that purpose. If
223	222		the legislature does not appropriate money specifically for that
224	223		purpose, the department may, but is not required to, implement a
225	224		provision of this Act using other appropriations available for that
226	225		purpose.
227	226		SECTION 7. This Act takes effect September 1, 2019.