1 | 1 | | 89R9420 MM-D |
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2 | 2 | | By: Garcia of Bexar H.B. No. 5452 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the establishment of a crisis nursery facility pilot |
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10 | 10 | | program by the Health and Human Services Commission. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subchapter C, Chapter 42, Human Resources Code, |
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13 | 13 | | is amended by adding Section 42.0464 to read as follows: |
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14 | 14 | | Sec. 42.0464. CRISIS NURSERY FACILITY PILOT PROGRAM. (a) |
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15 | 15 | | In this section: |
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16 | 16 | | (1) "Crisis nursery facility" means a child-care |
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17 | 17 | | facility that provides care and supervision for children who are |
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18 | 18 | | voluntarily placed for temporary care for all or part of the 24-hour |
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19 | 19 | | day by a parent or legal guardian to prevent or help resolve a |
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20 | 20 | | family crisis or stressful situation or address a problem whose |
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21 | 21 | | solution is critical to the family's healthy functioning. |
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22 | 22 | | (2) "Program" means the crisis nursery facility pilot |
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23 | 23 | | program established under this chapter. |
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24 | 24 | | (b) The commission shall establish and administer the |
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25 | 25 | | crisis nursery facility pilot program in Bexar County to address |
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26 | 26 | | the need for temporary care for children and improve outcomes for |
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27 | 27 | | families experiencing a crisis or a stressful situation, including |
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28 | 28 | | escaping domestic violence. |
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29 | 29 | | (c) Under the program, the commission shall: |
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30 | 30 | | (1) establish child-care licensing regulations and |
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31 | 31 | | requirements for crisis nursery facilities; and |
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32 | 32 | | (2) provide grants to eligible municipalities or |
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33 | 33 | | nonprofit organizations located in or otherwise serving Bexar |
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34 | 34 | | County to establish crisis nursery facilities. |
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35 | 35 | | (d) The commission shall establish application criteria and |
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36 | 36 | | requirements for the acceptable use of money under the program. The |
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37 | 37 | | application criteria must require applicants to: |
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38 | 38 | | (1) demonstrate substantial need for emergency child |
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39 | 39 | | care or a high rate of child removal by the department in the |
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40 | 40 | | municipality or local area served by the applicant; |
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41 | 41 | | (2) demonstrate capacity to meet child-care licensing |
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42 | 42 | | regulations and requirements established by the commission; |
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43 | 43 | | (3) provide a detailed plan for the establishment of a |
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44 | 44 | | crisis nursery facility under the program that includes: |
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45 | 45 | | (A) details regarding the proposed use of money |
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46 | 46 | | received under the program; |
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47 | 47 | | (B) information regarding any matching funds or |
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48 | 48 | | funds available to the applicant from gifts, grants, and donations |
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49 | 49 | | other than grants under the program; |
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50 | 50 | | (C) the age groups of children the applicant |
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51 | 51 | | proposes to serve; and |
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52 | 52 | | (D) the proposed location of the facility; and |
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53 | 53 | | (4) provide a plan for connecting families who use the |
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54 | 54 | | facility with additional services designed to prevent future family |
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55 | 55 | | crises. |
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56 | 56 | | (e) The executive commissioner shall adopt rules regarding |
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57 | 57 | | the regulation of crisis nursery facilities. The rules must: |
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58 | 58 | | (1) specify: |
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59 | 59 | | (A) the child-care licensing regulations that |
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60 | 60 | | apply to a facility; |
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61 | 61 | | (B) requirements for ensuring the safety and |
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62 | 62 | | well-being of children in the care of the facility, including |
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63 | 63 | | requirements regarding: |
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64 | 64 | | (i) food preparation; |
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65 | 65 | | (ii) sleeping arrangements; |
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66 | 66 | | (iii) safe drop-off and pick-up procedures; |
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67 | 67 | | and |
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68 | 68 | | (iv) staff-to-child ratios; |
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69 | 69 | | (C) requirements for background checks for |
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70 | 70 | | facility employees and conduct that prevents an individual from |
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71 | 71 | | being eligible to be employed by a facility; |
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72 | 72 | | (D) the capacity of a facility based on the size |
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73 | 73 | | of the facility and the children's needs; and |
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74 | 74 | | (E) the information that must be collected by the |
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75 | 75 | | facility and submitted to the commission at the request of the |
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76 | 76 | | commission, including deidentified information regarding: |
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77 | 77 | | (i) the number of children served by the |
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78 | 78 | | facility; |
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79 | 79 | | (ii) the average age of children served by |
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80 | 80 | | the facility; |
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81 | 81 | | (iii) the average length of stay for |
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82 | 82 | | children served by the facility; |
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83 | 83 | | (iv) any services with which the facility |
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84 | 84 | | connects families served by the facility; |
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85 | 85 | | (v) the reasons given for the use of the |
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86 | 86 | | facility; and |
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87 | 87 | | (vi) any other information the executive |
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88 | 88 | | commissioner considers necessary to evaluate the program; |
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89 | 89 | | (2) require that a child may not spend more than 72 |
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90 | 90 | | consecutive hours at a crisis nursery facility; |
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91 | 91 | | (3) allow complaints against a facility to be filed |
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92 | 92 | | with the commission; and |
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93 | 93 | | (4) require the commission to regularly inspect a |
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94 | 94 | | facility, including each time a complaint is filed against the |
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95 | 95 | | facility. |
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96 | 96 | | (f) Not later than October 1, 2028, the commission shall |
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97 | 97 | | prepare and submit to the governor, lieutenant governor, speaker of |
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98 | 98 | | the house of representatives, and standing committee of each house |
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99 | 99 | | of the legislature with primary jurisdiction over the commission a |
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100 | 100 | | report on: |
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101 | 101 | | (1) an evaluation of the program's effectiveness; and |
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102 | 102 | | (2) recommendations for legislative or other action, |
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103 | 103 | | including a recommendation on whether to continue, expand, or |
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104 | 104 | | terminate the program. |
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105 | 105 | | (g) The executive commissioner may adopt rules necessary to |
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106 | 106 | | implement this section. |
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107 | 107 | | (h) This section expires September 1, 2029. |
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108 | 108 | | SECTION 2. As soon as practicable after the effective date |
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109 | 109 | | of this Act, the Health and Human Services Commission shall |
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110 | 110 | | establish the pilot program required under Section 42.0464, Human |
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111 | 111 | | Resources Code, as added by this Act. |
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112 | 112 | | SECTION 3. This Act takes effect immediately if it receives |
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113 | 113 | | a vote of two-thirds of all the members elected to each house, as |
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114 | 114 | | provided by Section 39, Article III, Texas Constitution. If this |
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115 | 115 | | Act does not receive the vote necessary for immediate effect, this |
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116 | 116 | | Act takes effect September 1, 2025. |
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