86R5583 EAS-D
By: Watson S.B. No. 867
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain child-care facilities and
homes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.0421, Human Resources Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) The commission shall inform licensed and registered
child-care facilities about how to use the annual minimum training
required by this section to satisfy the training requirements to
earn the Child Development Associate (CDA) credential.
SECTION 2. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.04211 to read as follows:
Sec. 42.04211. PRESERVICE TRAINING FOR LISTED FAMILY HOMES.
(a) The executive commissioner by rule shall require the caretaker
of a listed family home to complete preservice training on:
(1) the developmental stages of children;
(2) age-appropriate activities for children;
(3) positive guidance and discipline of children;
(4) the fostering of children's self-esteem;
(5) supervision and safety practices in caring for
children;
(6) positive interactions with children; and
(7) preventing and controlling the spread of
communicable disease, as defined by Section 81.003, Health and
Safety Code, including immunization.
(b) The executive commissioner by rule shall require the
caretaker of a listed family home who provides care for a child
younger than 24 months of age to complete one hour of preservice
training on:
(1) recognizing and preventing shaken baby syndrome;
(2) understanding and using safe sleeping practices;
(3) preventing sudden infant death syndrome; and
(4) understanding early childhood brain development.
(c) The caretaker of a family home shall complete the
preservice training before the department may list the caretaker's
home.
SECTION 3. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.04413 to read as follows:
Sec. 42.04413. LISTED FAMILY HOME SITE VISITS. Before the
department may list a caretaker's home, the department shall
conduct a site visit of the home to ensure that the home does not
have a health or safety hazard on the property. If the caretaker of
a listed family home moves, the department shall conduct a site
visit of the caretaker's new home not later than the 30th day after
the date the caretaker begins providing child-care services in the
new home.
SECTION 4. Section 42.052(i), Human Resources Code, is
amended to read as follows:
(i) The department shall provide to a listed family home a
copy of the listing. A listing must contain a provision that
states: "THIS HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR
REGISTERED WITH THE DEPARTMENT OF FAMILY AND PROTECTIVE
SERVICES. IT HAS UNDERGONE AN INITIAL SITE VISIT BUT [NOT BEEN
INSPECTED AND] WILL NOT BE INSPECTED." The operator of a listed
home is not required to display the listing in a prominent place at
the home but shall make the listing available for examination. The
executive commissioner by rule shall provide for a sufficient
period to allow operators of family homes to comply with the listing
requirement of this section.
SECTION 5. Section 42.0522(b), Human Resources Code, is
amended to read as follows:
(b) A family home may not place a public advertisement that
uses the title "listed family home" or any variation of that phrase
unless the home is listed as provided by this chapter. Any public
advertisement for a listed family home that uses the title "listed
family home" must contain a provision in bold type stating: "THIS
HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR REGISTERED WITH
THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. IT HAS UNDERGONE
AN INITIAL SITE VISIT BUT [NOT BEEN INSPECTED AND] WILL NOT BE
INSPECTED."
SECTION 6. (a) The changes in law made by this Act apply to
family homes listed before, on, or after the effective date of this
Act.
(b) The caretaker of a family home listed before the
effective date of this Act shall complete the preservice training
required by Section 42.04211, Human Resources Code, as added by
this Act, not later than December 1, 2019.
(c) Not later than March 1, 2020, the Department of Family
and Protective Services shall conduct the site visit required by
Section 42.04413, Human Resources Code, as added by this Act, of
each family home listed before the effective date of this Act.
SECTION 7. This Act takes effect September 1, 2019.