Texas 2023 - 88th Regular

Texas House Bill HB211 Compare Versions

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1	1	By: González of El Paso, et al. H.B. No. 211
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3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the regulation of child-care facilities and registered
7	7	family homes, including the provision of services to children with
8	8	disabilities or special needs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 42.042, Human Resources Code, is amended
11	11	by amending Subsection (e) and adding Subsections (e-6) and (e-7)
12	12	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;
22	22	(4) ensure adequate and healthy food service where
23	23	food service is offered;
24	24	(5) except as provided by Subsection (e-6), prohibit
25	25	[racial] discrimination based on race or disability status by
26	26	child-care facilities and registered family homes;
27	27	(6) require procedures for parental and guardian
28	28	consultation in the formulation of children's educational and
29	29	therapeutic programs;
30	30	(7) prevent the breakdown of foster care and adoptive
31	31	placement;
32	32	(8) ensure that a child-care facility or registered
33	33	family home:
34	34	(A) follows the directions of a child's physician
35	35	or other health care provider in providing specialized medical
36	36	assistance required by the child; and
37	37	(B) maintains for a reasonable time a copy of any
38	38	directions from the physician or provider that the parent provides
39	39	to the facility or home; and
40	40	(9) ensure that a child's health, safety, and welfare
41	41	are adequately protected on the grounds of a child-care facility or
42	42	registered family home.
43	43	(e-6) A day-care center, group day-care home, or registered
44	44	family home may deny services to a child with a disability only if,
45	45	after meeting with the child and family, the facility or home
46	46	determines under the Americans with Disabilities Act of 1990 (42
47	47	U.S.C. Section 12101 et seq.) that accommodating the child would:
48	48	(1) pose an undue burden on the facility or home as
49	49	defined by 28 C.F.R. Section 36.104;
50	50	(2) pose a direct threat to the health or safety of
51	51	other people at the facility or home as provided by 28 C.F.R.
52	52	Section 36.208;
53	53	(3) require modifications in policies, practices, or
54	54	procedures that would fundamentally alter the nature of the
55	55	facility or home as provided by 28 C.F.R. Section 36.302; or
56	56	(4) pose a difficulty on or expense to the facility or
57	57	home to remove architectural barriers to accommodate the child as
58	58	provided by 28 C.F.R. Section 36.304.
59	59	(e-7) The minimum standards for a day-care center, group
60	60	day-care home, or registered family home adopted under this section
61	61	must require the day-care center, group day-care home, or
62	62	registered family home to:
63	63	(1) promote inclusive practices and integrate
64	64	children with special needs into the general activities of the
65	65	center or home; and
66	66	(2) allow certified childhood intervention service
67	67	providers to have access to children who are clients attending the
68	68	day-care center, group day-care home, or registered family home to
69	69	provide services in accordance with an individualized family
70	70	service plan while the child is integrated in an educational or
71	71	instructional area of the center or home.
72	72	SECTION 2. Section 42.045(a), Human Resources Code, is
73	73	amended to read as follows:
74	74	(a) A person who operates a licensed or certified facility
75	75	shall maintain individual child development records, individual
76	76	health records, records provided by parents for children with
77	77	special needs, statistical records, and complete financial
78	78	records.
79	79	SECTION 3. Subchapter C, Chapter 42, Human Resources Code,
80	80	is amended by adding Section 42.069 to read as follows:
81	81	Sec. 42.069. REQUIRED INFORMATION FOR PARENTS. A day-care
82	82	center, group day-care home, or registered family home shall
83	83	provide written disclosure to a parent or guardian of each child
84	84	attending the facility that includes:
85	85	(1) a copy of the commission's Early Childhood
86	86	Intervention Developmental Checklist and any information available
87	87	through the commission on accessing early childhood intervention in
88	88	the area served by the day-care center, group day-care home, or
89	89	registered family home under Part C, Individuals with Disabilities
90	90	Education Act (20 U.S.C. Section 1431 et seq.); and
91	91	(2) the facility's policies on providing care to
92	92	children with disabilities.
93	93	SECTION 4. As soon as practicable after the effective date
94	94	of this Act, the executive commissioner of the Health and Human
95	95	Services Commission shall adopt the rules necessary to implement
96	96	the changes in law made by this Act.
97	97	SECTION 5. This Act takes effect September 1, 2023.