| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to foster care placement in and the licensing of certain |
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| 8 | 8 | | residential child-care facilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 264.107, Family Code, is amended by |
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| 11 | 11 | | adding Subsection (h) to read as follows: |
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| 12 | 12 | | (h) The department by rule shall establish guidelines for |
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| 13 | 13 | | the placement of a child in a residential child-care facility at |
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| 14 | 14 | | which a preventable death, as defined by Section 264.501, of a child |
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| 15 | 15 | | in the managing conservatorship of the department occurred. |
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| 16 | 16 | | SECTION 2. Section 42.046, Human Resources Code, is amended |
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| 17 | 17 | | by adding Subsection (e-1) to read as follows: |
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| 18 | 18 | | (e-1) The commission shall deny an application under this |
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| 19 | 19 | | section if: |
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| 20 | 20 | | (1) the applicant operated a residential child-care |
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| 21 | 21 | | facility at which a preventable death, as defined by Section |
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| 22 | 22 | | 264.501, Family Code, of a child in the managing conservatorship of |
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| 23 | 23 | | the department occurred; and |
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| 24 | 24 | | (2) the commission terminated a contract with the |
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| 25 | 25 | | residential child-care facility as the result of the preventable |
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| 26 | 26 | | death. |
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| 27 | 27 | | SECTION 3. The changes in law made by this Act to Section |
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| 28 | 28 | | 42.046, Human Resources Code, apply only to an application for a |
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| 29 | 29 | | license submitted to the Health and Human Services Commission on or |
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| 30 | 30 | | after the effective date of this Act. |
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| 31 | 31 | | SECTION 4. This Act takes effect September 1, 2021. |
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