By: Zaffirini, et al. S.B. No. 708
A BILL TO BE ENTITLED
AN ACT
relating to collection and use of child safety data for licensed
day-care centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.0412 to read as follows:
Sec. 42.0412. COLLECTION OF LICENSED DAY-CARE CENTER DATA.
(a) In this section, "group of children" and "specified age" are
determined by the formula provided in the commission's minimum
standards for child-care centers.
(b) The commission, in collaboration with the department
and using existing resources, shall collect, compile, and publish
on the commission's Internet website the following data aggregated
by child age on reported incidents in licensed day-care centers
that threaten or impair the basic health, safety, or welfare of a
child:
(1) the number of incidents investigated by the
commission or department and assigned the commission's highest
priority;
(2) the number of incidents investigated by the
commission or department and assigned the commission's
second-highest priority;
(3) the number of violations;
(4) the number of confirmed serious injuries to
children; and
(5) the number of child fatalities.
(c) During each monitoring inspection of a licensed
day-care center the commission conducts, the commission, using
existing resources, shall collect the following data for each group
of children four years of age and younger in the day-care center:
(1) the specified age of the children in the group;
(2) the number of children in the group; and
(3) the number of caregivers supervising the children
in the group.
(d) The commission shall make the data collected under this
section available to persons researching the factors related to
child injury, maltreatment, and death in licensed day-care centers
on request.
(e) The commission, using existing resources, shall provide
an annual report to the legislature that includes:
(1) the number of confirmed serious injuries and
fatalities for children four years of age and younger that occurred
at each licensed day-care center, including information collected
by the department, aggregated by the age of the injured or deceased
child;
(2) the priority assigned to the investigation
conducted by the commission or department in response to an
incident that resulted in a serious injury or child fatality;
(3) the number of investigations conducted by the
commission or department at each licensed day-care center involving
a child four years of age or younger that were assigned the highest
priority or second-highest priority, aggregated by the age of the
youngest affected child; and
(4) the number of violations the commission found at
each licensed day-care center during investigations described by
Subdivision (3).
SECTION 2. Section 42.042, Human Resources Code, is amended
by adding Subsection (m-1) to read as follows:
(m-1) Not later than January 1, 2021, the executive
commissioner shall review the data collected under Section 42.0412
and prepare and submit to the legislature a report that includes
recommendations regarding modifications to the minimum standards
by age group to enhance child safety. This subsection expires
September 1, 2023.
SECTION 3. Notwithstanding Section 42.0412(d), Human
Resources Code, as added by this Act, the Health and Human Services
Commission is not required to comply with that subsection until
January 31, 2020.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.