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

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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-Engrossed.html

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By: González of El Paso, et al. H.B. No. 211

A BILL TO BE ENTITLED
AN ACT
relating to the regulation of child-care facilities and registered
family homes, including the provision of 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 Subsections (e-6) and (e-7)
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 child's health, safety, and welfare
are adequately protected on the grounds of a child-care facility or
registered family home.
(e-6) A day-care center, group day-care home, or registered
family home may deny services to a child with a disability only if,
after meeting with the child and family, 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.
(e-7) The minimum standards for a day-care center, group
day-care home, or registered family home adopted under this section
must require the day-care center, group day-care home, or
registered family home to:
(1) promote inclusive practices and integrate
children with special needs into the general activities of the
center or home; and
(2) allow certified childhood intervention service
providers to have access to children who are clients attending the
day-care center, group day-care home, or registered family home to
provide services in accordance with an individualized family
service plan while the child is integrated in an educational or
instructional area of the center or home.
SECTION 2. 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 3. 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 copy of the commission's Early Childhood
Intervention Developmental Checklist and any information available
through the commission 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 4. 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 5. This Act takes effect September 1, 2023.