Texas 2025 - 89th Regular

Texas Senate Bill SB2071 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1020 MLH-D
2	2	By: Zaffirini S.B. No. 2071
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of child-care facilities and registered
10	10	family homes, including the provision of services to children with
11	11	disabilities or special needs.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 42.042, Human Resources Code, is amended
14	14	by amending Subsection (e) and adding Subsections (e-6) and (e-7)
15	15	to read as follows:
16	16	(e) The executive commissioner shall promulgate minimum
17	17	standards that apply to licensed child-care facilities and to
18	18	registered family homes covered by this chapter and that will:
19	19	(1) promote the health, safety, and welfare of
20	20	children attending a facility or registered family home;
21	21	(2) promote safe, comfortable, and healthy physical
22	22	facilities and registered family homes for children;
23	23	(3) ensure adequate supervision of children by
24	24	capable, qualified, and healthy personnel;
25	25	(4) ensure adequate and healthy food service where
26	26	food service is offered;
27	27	(5) except as provided by Subsection (e-6), prohibit
28	28	[racial] discrimination based on race or disability status by
29	29	child-care facilities and registered family homes;
30	30	(6) require procedures for parental and guardian
31	31	consultation in the formulation of children's educational and
32	32	therapeutic programs;
33	33	(7) prevent the breakdown of foster care and adoptive
34	34	placement;
35	35	(8) ensure that a child-care facility or registered
36	36	family home:
37	37	(A) follows the directions of a child's physician
38	38	or other health care provider in providing specialized medical
39	39	assistance required by the child; and
40	40	(B) maintains for a reasonable time a copy of any
41	41	directions from the physician or provider that the parent provides
42	42	to the facility or home; and
43	43	(9) ensure that a child's health, safety, and welfare
44	44	are adequately protected on the grounds of a child-care facility or
45	45	registered family home.
46	46	(e-6) A day-care center, group day-care home, or registered
47	47	family home may deny services to a child with a disability only if,
48	48	after meeting with the child and family, the center or home
49	49	determines under the Americans with Disabilities Act of 1990 (42
50	50	U.S.C. Section 12101 et seq.) that accommodating the child would:
51	51	(1) pose an undue burden on the center or home as
52	52	defined by 28 C.F.R. Section 36.104;
53	53	(2) pose a direct threat to the health or safety of
54	54	other people at the center or home as provided by 28 C.F.R. Section
55	55	36.208;
56	56	(3) require modifications in policies, practices, or
57	57	procedures that would fundamentally alter the nature of the center
58	58	or home as provided by 28 C.F.R. Section 36.302; or
59	59	(4) pose a difficulty on or expense to the center or
60	60	home to remove architectural barriers to accommodate the child as
61	61	provided by 28 C.F.R. Section 36.304.
62	62	(e-7) The minimum standards for a day-care center, group
63	63	day-care home, or registered family home adopted under this section
64	64	must require the center or home to:
65	65	(1) promote inclusive practices and integrate
66	66	children with special needs into the general activities of the
67	67	center or home; and
68	68	(2) allow certified childhood intervention service
69	69	providers to have access to children who are clients attending the
70	70	center or home to provide services in accordance with an
71	71	individualized family service plan while the child is integrated in
72	72	an educational or instructional area of the center or home.
73	73	SECTION 2. Section 42.045(a), Human Resources Code, is
74	74	amended to read as follows:
75	75	(a) A person who operates a licensed or certified facility
76	76	shall maintain individual child development records, individual
77	77	health records, records provided by parents for children with
78	78	special needs, statistical records, and complete financial
79	79	records.
80	80	SECTION 3. Subchapter C, Chapter 42, Human Resources Code,
81	81	is amended by adding Section 42.069 to read as follows:
82	82	Sec. 42.069. REQUIRED INFORMATION FOR PARENTS. A day-care
83	83	center, group day-care home, or registered family home shall
84	84	provide written disclosure to a parent or guardian of each child
85	85	attending the center or home that includes:
86	86	(1) a copy of the commission's Early Childhood
87	87	Intervention Developmental Checklist and any information available
88	88	through the commission on accessing early childhood intervention in
89	89	the area served by the center or home under Part C, Individuals with
90	90	Disabilities Education Act (20 U.S.C. Section 1431 et seq.); and
91	91	(2) the center's or home's policies on providing care
92	92	to 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, 2025.