Texas 2025 - 89th Regular

Texas Senate Bill SB2534 Compare Versions

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

Old	New	Differences
1	1	89R2353 MLH-F
2	2	By: Middleton S.B. No. 2534
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the establishment of faith-based child-care
10	10	facilities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. GENERAL PROVISIONS
13	13	SECTION 1.01. This Act shall be known as the Faith-Based
14	14	Foster Care Enhancement Act.
15	15	SECTION 1.02. The legislature finds that:
16	16	(1) the number of foster youth in this state exceeds
17	17	the current capacity of state and private child-care facilities;
18	18	(2) religious organizations have historically played
19	19	significant roles in community support and child welfare;
20	20	(3) religious organizations can provide a nurturing,
21	21	stable environment for foster youth while leveraging community
22	22	resources;
23	23	(4) a collaborative approach involving religious
24	24	organizations, mental health professionals, and community
25	25	resources can effectively meet the diverse needs of foster youth;
26	26	and
27	27	(5) incorporating religious organizations into
28	28	child-care infrastructure will be beneficial to foster youth in
29	29	this state.
30	30	ARTICLE 2. FAITH-BASED CHILD-CARE FACILITIES
31	31	SECTION 2.01. Chapter 42, Human Resources Code, is amended
32	32	by adding Subchapter I to read as follows:
33	33	SUBCHAPTER I. FAITH-BASED CHILD-CARE FACILITIES
34	34	Sec. 42.301. DEFINITION. In this subchapter, "faith-based
35	35	child-care facility" means a child-care facility owned and operated
36	36	by a religious organization that provides care for children in the
37	37	conservatorship of the department for 24 hours a day.
38	38	Sec. 42.302. ESTABLISHING FAITH-BASED CHILD-CARE
39	39	FACILITY. (a) A religious organization may establish and operate
40	40	a faith-based child-care facility as provided by this subchapter.
41	41	(b) Before establishing a faith-based child-care facility,
42	42	a religious organization shall:
43	43	(1) develop a comprehensive plan to ensure the
44	44	well-being of foster youth cared for by the facility;
45	45	(2) develop a training program for facility employees
46	46	and volunteers who will provide care to foster youth at the
47	47	facility; and
48	48	(3) enter into a contract with a licensed mental
49	49	health services provider to provide mental and behavioral health
50	50	services to foster youth in the care of the facility.
51	51	(c) A faith-based child-care facility established under
52	52	this subchapter must be overseen by a committee appointed by the
53	53	religious organization establishing the facility that includes:
54	54	(1) a leader of the religious organization;
55	55	(2) two active, participating members of the religious
56	56	organization;
57	57	(3) a licensed mental health professional;
58	58	(4) a person with experience in child welfare systems;
59	59	(5) a person from an organization that specializes in
60	60	child welfare; and
61	61	(6) an elected official serving in a municipal,
62	62	county, state, or federal office representing the community in
63	63	which the faith-based child-care facility is located.
64	64	(d) A member of the committee appointed to fill a roll on
65	65	the committee described by Subsections (c)(1)-(6) may fill one
66	66	additional role described by Subsections (c)(3)-(6).
67	67	Sec. 42.303. FAITH-FAMILY PROGRAMS. (a) A religious
68	68	organization that establishes a faith-based child-care facility
69	69	under this subchapter shall establish a faith-family program to:
70	70	(1) provide mentorship and support to foster youth at
71	71	the facility by building relationships and facilitating
72	72	mentorships with members of the religious organization who serve as
73	73	a faith-family for the foster youth; and
74	74	(2) encourage individuals serving as faith-family to
75	75	become foster or adoptive parents for foster youth at the facility.
76	76	(b) A member of a religious organization participating in a
77	77	faith-family program may:
78	78	(1) host a foster youth in the member's home for
79	79	increasing periods of time in accordance with the religious
80	80	organization's plan under Section 42.302(b)(1); and
81	81	(2) travel with a foster youth in accordance with
82	82	applicable laws for a foster parent traveling with a foster youth.
83	83	(c) The religious organization shall provide any training
84	84	required by this chapter or other law for an individual serving as
85	85	faith-family to become a foster or adoptive parent of a foster youth
86	86	at the facility.
87	87	Sec. 42.304. MENTAL HEALTH SERVICES. A religious
88	88	organization that establishes a faith-based child-care facility
89	89	shall ensure that mental health services provided to foster youth
90	90	meet applicable standards of professional care.
91	91	Sec. 42.305. FOSTER PLACEMENTS. (a) The department shall
92	92	ensure the integration of faith-based child-care facilities into
93	93	the state's foster care system.
94	94	(b) The department and child-placing agencies may place a
95	95	child in the care of a faith-based child-care facility established
96	96	under this subchapter.
97	97	Sec. 42.306. APPLICABILITY OF OTHER LAW; OVERSIGHT. (a)
98	98	Notwithstanding other law, a faith-based child-care facility is
99	99	exempt from:
100	100	(1) the licensing requirements of this chapter; and
101	101	(2) the rules and standards that apply to licensed
102	102	child-care facilities.
103	103	(b) The department by rule shall adopt minimum standards for
104	104	faith-based child-care facilities that ensure each child's health,
105	105	safety, and welfare are adequately protected on the grounds of the
106	106	facility, including standards relating to fire safety and basic
107	107	cleanliness. In adopting the standards under this section, the
108	108	department shall consider the unique operational frameworks of
109	109	religious organizations operating a faith-based child-care
110	110	facility.
111	111	(c) The department shall periodically evaluate each
112	112	faith-based child-care facility to ensure the facility meets the
113	113	standards adopted under this section.
114	114	Sec. 42.307. GRANTS FOR FAITH-BASED CHILD-CARE FACILITY.
115	115	(a) Using available funds or private donations, the department
116	116	shall establish and administer a grant program to award grants to
117	117	religious organizations to establish a faith-based child-care
118	118	facility.
119	119	(b) The commissioner shall adopt rules to implement the
120	120	grant program, including rules governing the submission and
121	121	approval of grant requests and the cancellation of grants.
122	122	(c) The department may solicit and accept gifts, grants, and
123	123	donations for purposes of this section.
124	124	ARTICLE 3. CONFORMING CHANGES
125	125	SECTION 3.01. Sections 42.041(b) and (d), Human Resources
126	126	Code, are amended to read as follows:
127	127	(b) This section does not apply to:
128	128	(1) a state-operated facility;
129	129	(2) an agency foster home;
130	130	(3) a facility that is operated in connection with a
131	131	shopping center, business, religious organization, or
132	132	establishment where children are cared for during short periods
133	133	while parents or persons responsible for the children are attending
134	134	religious services, shopping, or engaging in other activities,
135	135	including retreats or classes for religious instruction, on or near
136	136	the premises, that does not advertise as a child-care facility or
137	137	day-care center, and that informs parents that it is not licensed by
138	138	the state;
139	139	(4) a school or class for religious instruction that
140	140	does not last longer than two weeks and is conducted by a religious
141	141	organization during the summer months;
142	142	(5) a youth camp licensed by the Department of State
143	143	Health Services;
144	144	(6) a facility licensed, operated, certified, or
145	145	registered by another state agency;
146	146	(7) an educational facility that is accredited by the
147	147	Texas Education Agency, the Southern Association of Colleges and
148	148	Schools, or an accreditation body that is a member of the Texas
149	149	Private School Accreditation Commission and that operates
150	150	primarily for educational purposes for prekindergarten and above, a
151	151	before-school or after-school program operated directly by an
152	152	accredited educational facility, or a before-school or
153	153	after-school program operated by another entity under contract with
154	154	the educational facility, if the Texas Education Agency, the
155	155	Southern Association of Colleges and Schools, or the other
156	156	accreditation body, as applicable, has approved the curriculum
157	157	content of the before-school or after-school program operated under
158	158	the contract;
159	159	(8) an educational facility that operates solely for
160	160	educational purposes for prekindergarten through at least grade
161	161	two, that does not provide custodial care for more than one hour
162	162	during the hours before or after the customary school day, and that
163	163	is a member of an organization that promulgates, publishes, and
164	164	requires compliance with health, safety, fire, and sanitation
165	165	standards equal to standards required by state, municipal, and
166	166	county codes;
167	167	(9) a kindergarten or preschool educational program
168	168	that is operated as part of a public school or a private school
169	169	accredited by the Texas Education Agency, that offers educational
170	170	programs through grade six, and that does not provide custodial
171	171	care during the hours before or after the customary school day;
172	172	(10) a family home, whether registered or listed;
173	173	(11) an educational facility that is integral to and
174	174	inseparable from its sponsoring religious organization or an
175	175	educational facility both of which do not provide custodial care
176	176	for more than two hours maximum per day, and that offers an
177	177	educational program in one or more of the following:
178	178	prekindergarten through at least grade three, elementary grades, or
179	179	secondary grades;
180	180	(12) an emergency shelter facility, other than a
181	181	facility that would otherwise require a license as a child-care
182	182	facility under this section, that provides shelter or care to a
183	183	minor and the minor's child or children, if any, under Section
184	184	32.201, Family Code, if the facility:
185	185	(A) is currently under a contract with a state or
186	186	federal agency; or
187	187	(B) meets the requirements listed under Section
188	188	51.005(b)(3);
189	189	(13) a juvenile detention facility certified under
190	190	Section 51.12, Family Code, a juvenile correctional facility
191	191	certified under Section 51.125, Family Code, a juvenile facility
192	192	providing services solely for the Texas Juvenile Justice
193	193	Department, or any other correctional facility for children
194	194	operated or regulated by another state agency or by a political
195	195	subdivision of the state;
196	196	(14) an elementary-age (ages 5-13) recreation program
197	197	operated by a municipality provided the governing body of the
198	198	municipality annually adopts standards of care by ordinance after a
199	199	public hearing for such programs, that such standards are provided
200	200	to the parents of each program participant, and that the ordinances
201	201	shall include, at a minimum, staffing ratios, minimum staff
202	202	qualifications, minimum facility, health, and safety standards,
203	203	and mechanisms for monitoring and enforcing the adopted local
204	204	standards; and further provided that parents be informed that the
205	205	program is not licensed by the state and the program may not be
206	206	advertised as a child-care facility;
207	207	(15) an annual youth camp held in a municipality with a
208	208	population of more than 1.5 million that operates for not more than
209	209	three months and that has been operated for at least 10 years by a
210	210	nonprofit organization that provides care for the homeless;
211	211	(16) a food distribution program that:
212	212	(A) serves an evening meal to children two years
213	213	of age or older; and
214	214	(B) is operated by a nonprofit food bank in a
215	215	nonprofit, religious, or educational facility for not more than two
216	216	hours a day on regular business days;
217	217	(17) a child-care facility that operates for less than
218	218	three consecutive weeks and less than 40 days in a period of 12
219	219	months;
220	220	(18) a program:
221	221	(A) in which a child receives direct instruction
222	222	in a single skill, talent, ability, expertise, or proficiency;
223	223	(B) that does not provide services or offerings
224	224	that are not directly related to the single talent, ability,
225	225	expertise, or proficiency;
226	226	(C) that does not advertise or otherwise
227	227	represent that the program is a child-care facility, day-care
228	228	center, or licensed before-school or after-school program or that
229	229	the program offers child-care services;
230	230	(D) that informs the parent or guardian:
231	231	(i) that the program is not licensed by the
232	232	state; and
233	233	(ii) about the physical risks a child may
234	234	face while participating in the program; and
235	235	(E) that conducts background checks for all
236	236	program employees and volunteers who work with children in the
237	237	program using information that is obtained from the Department of
238	238	Public Safety;
239	239	(19) an elementary-age (ages 5-13) recreation program
240	240	that:
241	241	(A) adopts standards of care, including
242	242	standards relating to staff ratios, staff training, health, and
243	243	safety;
244	244	(B) provides a mechanism for monitoring and
245	245	enforcing the standards and receiving complaints from parents of
246	246	enrolled children;
247	247	(C) does not advertise as or otherwise represent
248	248	the program as a child-care facility, day-care center, or licensed
249	249	before-school or after-school program or that the program offers
250	250	child-care services;
251	251	(D) informs parents that the program is not
252	252	licensed by the state;
253	253	(E) is organized as a nonprofit organization or
254	254	is located on the premises of a participant's residence;
255	255	(F) does not accept any remuneration other than a
256	256	nominal annual membership fee;
257	257	(G) does not solicit donations as compensation or
258	258	payment for any good or service provided as part of the program; and
259	259	(H) conducts background checks for all program
260	260	employees and volunteers who work with children in the program
261	261	using information that is obtained from the Department of Public
262	262	Safety;
263	263	(20) a living arrangement in a caretaker's home
264	264	involving one or more children or a sibling group, excluding
265	265	children who are related to the caretaker, in which the caretaker:
266	266	(A) had a prior relationship with the child or
267	267	sibling group or other family members of the child or sibling group;
268	268	(B) does not care for more than one unrelated
269	269	child or sibling group;
270	270	(C) does not receive compensation or solicit
271	271	donations for the care of the child or sibling group; and
272	272	(D) has a written agreement with the parent to
273	273	care for the child or sibling group;
274	274	(21) a living arrangement in a caretaker's home
275	275	involving one or more children or a sibling group, excluding
276	276	children who are related to the caretaker, in which:
277	277	(A) the department is the managing conservator of
278	278	the child or sibling group;
279	279	(B) the department placed the child or sibling
280	280	group in the caretaker's home; and
281	281	(C) the caretaker had a long-standing and
282	282	significant relationship with the child or sibling group, or the
283	283	family of the child or sibling group, before the child or sibling
284	284	group was placed with the caretaker;
285	285	(22) a living arrangement in a caretaker's home
286	286	involving one or more children or a sibling group, excluding
287	287	children who are related to the caretaker, in which the child is in
288	288	the United States on a time-limited visa under the sponsorship of
289	289	the caretaker or of a sponsoring organization;
290	290	(23) a facility operated by a nonprofit organization
291	291	that:
292	292	(A) does not otherwise operate as a child-care
293	293	facility that is required to be licensed under this section;
294	294	(B) provides emergency shelter and care for not
295	295	more than 15 days to children 13 years of age or older but younger
296	296	than 18 years of age who are victims of human trafficking alleged
297	297	under Section 20A.02, Penal Code;
298	298	(C) is located in a municipality with a
299	299	population of at least 600,000 that is in a county on an
300	300	international border; and
301	301	(D) meets one of the following criteria:
302	302	(i) is licensed by, or operates under an
303	303	agreement with, a state or federal agency to provide shelter and
304	304	care to children; or
305	305	(ii) meets the eligibility requirements for
306	306	a contract under Section 51.005(b)(3);
307	307	(24) a facility that provides respite care exclusively
308	308	for a local mental health authority under a contract with the local
309	309	mental health authority; [or]
310	310	(25) a living arrangement in a caretaker's home
311	311	involving one or more children or a sibling group in which the
312	312	caretaker:
313	313	(A) has a written authorization agreement under
314	314	Chapter 34, Family Code, with the parent of each child or sibling
315	315	group to care for each child or sibling group;
316	316	(B) does not care for more than six children,
317	317	excluding children who are related to the caretaker; and
318	318	(C) does not receive compensation for caring for
319	319	any child or sibling group; or
320	320	(26) a faith-based child-care facility established
321	321	under Subchapter I.
322	322	(d) A facility exempt from the provisions of Subsection (a),
323	323	other than a faith-based child-care facility established under
324	324	Subchapter I, that desires to receive or participate in federal or
325	325	state funding shall be required to comply with all other provisions
326	326	of this chapter and with all regulations promulgated under this
327	327	chapter.
328	328	ARTICLE 4. EFFECTIVE DATE
329	329	SECTION 4.01. This Act takes effect September 1, 2025.