Bill Text: TX HB211 | 2023-2024 | 88th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the regulation of child-care facilities and registered family homes, including the provision of services to children with disabilities or special needs.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2023-05-16 - Referred to Health & Human Services [HB211 Detail]

Download: Texas-2023-HB211-Introduced.html

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88R441 MLH-D
By: González of El Paso H.B. No. 211

A BILL TO BE ENTITLED
AN ACT
relating to the regulation of child-care facilities and registered
family homes providing services to children with disabilities or
special needs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.042, Human Resources Code, is amended
by amending Subsection (e) and adding Subsection (e-6) to read as
follows:
(e) The executive commissioner shall promulgate minimum
standards that apply to licensed child-care facilities and to
registered family homes covered by this chapter and that will:
(1) promote the health, safety, and welfare of
children attending a facility or registered family home;
(2) promote safe, comfortable, and healthy physical
facilities and registered family homes for children;
(3) ensure adequate supervision of children by
capable, qualified, and healthy personnel;
(4) ensure adequate and healthy food service where
food service is offered;
(5) except as provided by Subsection (e-6), prohibit
[racial] discrimination based on race or disability status by
child-care facilities and registered family homes;
(6) require procedures for parental and guardian
consultation in the formulation of children's educational and
therapeutic programs;
(7) prevent the breakdown of foster care and adoptive
placement;
(8) ensure that a child-care facility or registered
family home:
(A) follows the directions of a child's physician
or other health care provider in providing specialized medical
assistance required by the child; and
(B) maintains for a reasonable time a copy of any
directions from the physician or provider that the parent provides
to the facility or home; and
(9) ensure that:
(A) a child's health, safety, and welfare are
adequately protected on the grounds of a child-care facility or
registered family home;
(B) the child-care facility or registered family
home promotes inclusive practices and integrates children with
special needs into the general activities of the facility or home;
(C) the activities of the child-care facility or
registered family home are tailored to the strengths and needs of
each child attending the facility or home based on the child's
developmental age and competencies; and
(D) early childhood intervention service
providers have access to children who are clients attending the
child-care facility or registered family home to provide services
in accordance with an individualized family service plan while the
child is with other children in the child's peer group in an
educational or instructional area of the facility or home.
(e-6) A child-care facility or registered family home may
deny services to a child with a disability only if the facility or
home determines under the Americans with Disabilities Act of 1990
(42 U.S.C. Section 12101 et seq.) that accommodating the child
would:
(1) pose an undue burden on the facility or home as
defined by 28 C.F.R. Section 36.104;
(2) pose a direct threat to the health or safety of
other people at the facility or home as provided by 28 C.F.R.
Section 36.208;
(3) require modifications in policies, practices, or
procedures that would fundamentally alter the nature of the
facility or home as provided by 28 C.F.R. Section 36.302; or
(4) pose a difficulty on or expense to the facility or
home to remove architectural barriers to accommodate the child as
provided by 28 C.F.R. Section 36.304.
SECTION 2. Section 42.0421, Human Resources Code, is
amended by amending Subsections (a) and (f) and adding Subsections
(a-1), (a-2), and (a-3) to read as follows:
(a) The minimum training standards prescribed by the
executive commissioner under Section 42.042(p) for an employee,
director, or operator of a day-care center, group day-care home, or
registered family home must include:
(1) 24 hours of initial training that must be
completed not later than the 90th day after the employee's first day
of employment for an employee of a day-care center who has no
previous training or less than two years of employment experience
in a regulated child-care facility, eight hours of which must be
completed before the employee may be counted as a caregiver for
purposes of determining the caregiver-to-child ratio for a facility
provided:
(A) the employee is not the sole caregiver for a
child or group of children; and
(B) another employee of the facility who is a
qualified caregiver is in the same room with the employee [is given
responsibility for a group of children];
(2) 24 hours of annual training for each employee of a
day-care center or group day-care home, excluding the director,
which must include at least six hours of training in one or more of
the following areas:
(A) child growth and development;
(B) guidance and discipline;
(C) age-appropriate curriculum; [and]
(D) teacher-child interaction; and
(E) care of children with special needs; and
(3) 30 hours of annual training for each director of a
day-care center or group day-care home, or operator of a registered
family home, which must include at least six hours of training in
one or more of the following areas:
(A) child growth and development;
(B) guidance and discipline;
(C) age-appropriate curriculum; [and]
(D) teacher-child interaction; and
(E) care of children with special needs.
(a-1) The minimum training standards prescribed in
accordance with Subsection (a)(1) for initial training must
include:
(1) child mental health training that addresses one or
more of the following subjects:
(A) child mental health;
(B) child mental health screening;
(C) social and emotional learning;
(D) positive behavior interventions and
supports;
(E) trauma-informed care; or
(F) another similar subject; and
(2) training on providing care to children with
special needs.
(a-2) The minimum training standards prescribed in
accordance with Subsection (a)(2) or (3) for an employee, director,
or operator of a day-care center, group day-care home, or
registered family home must include at least one hour of training
that addresses one or more of the following subjects:
(1) child mental health;
(2) child mental health screening;
(3) social and emotional learning;
(4) positive behavior interventions and supports;
(5) trauma-informed care; or
(6) another similar subject.
(a-3) The training under Subsection (a-2):
(1) may be completed through an in-person training or
a distance learning course;
(2) must include at least one hour of training on
identification of potential developmental delays, methods for
referring children with special needs for specialized services, or
information on early childhood intervention; and
(3) must be made available to the facility without
cost.
(f) The training required by this section must be
appropriately targeted and relevant to the age of the children who
will receive care from the individual receiving training and must
be provided by a person who:
(1) is a training provider registered with the Texas
Early Childhood Professional Development System's Texas Trainer
Registry that is maintained by the Texas Head Start State
Collaboration Office;
(2) is an instructor at a public or private secondary
school, an institution of higher education, as defined by Section
61.003, Education Code, or a private college or university
accredited by a recognized accrediting agency who teaches early
childhood development or another relevant course, as determined by
rules adopted by the commissioner of education and the commissioner
of higher education;
(3) is an employee of a state agency with relevant
expertise;
(4) is a physician, psychologist, licensed
professional counselor, social worker, or registered nurse;
(5) holds a generally recognized credential or
possesses documented knowledge relevant to the training the person
will provide;
(6) is a registered family home care provider or
director of a day-care center or group day-care home in good
standing with the department, if applicable, and who:
(A) has demonstrated core knowledge in child
development and caregiving; and
(B) is only providing training at the home or
center in which the provider or director and the person receiving
training are employed; [or]
(7) has at least two years of experience working in
child development, a child development program, early childhood
education, a childhood education program, or a Head Start or Early
Head Start program and:
(A) has been awarded a Child Development
Associate (CDA) credential; or
(B) holds at least an associate's degree in child
development, early childhood education, or a related field;
(8) is an accredited early intervention specialist;
(9) is an accredited early childhood intervention
service provider; or
(10) is a licensed behavior analyst.
SECTION 3. Section 42.045(a), Human Resources Code, is
amended to read as follows:
(a) A person who operates a licensed or certified facility
shall maintain individual child development records, individual
health records, records provided by parents for children with
special needs, statistical records, and complete financial
records.
SECTION 4. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.069 to read as follows:
Sec. 42.069. REQUIRED INFORMATION FOR PARENTS. A day-care
center, group day-care home, or registered family home shall
provide written disclosure to a parent or guardian of each child
attending the facility that includes:
(1) a form developed by the commission that describes
developmental milestones and potential indicators of developmental
delay and provides information on accessing early childhood
intervention in the area served by the day-care center, group
day-care home, or registered family home under Part C, Individuals
with Disabilities Education Act (20 U.S.C. Section 1431 et seq.);
and
(2) the facility's policies on providing care to
children with disabilities.
SECTION 5. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt the rules necessary to implement
the changes in law made by this Act.
SECTION 6. This Act takes effect September 1, 2023.