Bill Text: TX HB4450 | 2019-2020 | 86th Legislature | Introduced


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-23 - Left pending in committee [HB4450 Detail]

Download: Texas-2019-HB4450-Introduced.html
  86R9083 SCL-D
 
  By: González of El Paso H.B. No. 4450
 
 
 
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(e), Human Resources Code, is
  amended 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 that includes an
  assessment of the wandering history of each child attending the
  facility or home;
               (4)  ensure adequate and healthy food service where
  food service is offered;
               (5)  prohibit [racial] discrimination on the basis of
  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; [and]
               (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)  the facility or home promotes inclusive
  practices and integrates children with special needs into the
  general activities of the facility or home;
                     (B)  the activities of the facility or 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
                     (C)  early childhood intervention service
  providers have access to children with disabilities who are
  attending the facility or home to provide services  while the
  children are at the facility or home.
         SECTION 2.  Section 42.0421, Human Resources Code, is
  amended by amending Subsections (a) and (f) and adding Subsections
  (a-1) and (a-2) 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 provide care to [is given
  responsibility for a group of] children but only under the
  supervision of another individual who has completed the initial
  training or has the required experience;
               (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, including
  awareness of children with disabilities or developmental delays;
                     (B)  guidance and discipline;
                     (C)  age-appropriate curriculum; and
                     (D)  teacher-child interaction; 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.
         (a-1)  The minimum training standards prescribed in
  accordance with Subsection (a)(1) for initial training must
  include:
               (1)  child mental health training addressing social and
  emotional learning, positive behavior interventions and supports,
  and trauma-informed care; 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 (a)(3) for an employee,
  director, or operator of a day-care center, group day-care home, or
  registered family home must include as a two-hour component of the
  annual training special training on providing care to children with
  special needs. The children with special needs training:
               (1)  may be completed through an in-person training or
  a distance learning course; and
               (2)  must include identification of potential
  developmental delays, methods for referring children with special
  needs for specialized services, and information on early childhood
  intervention and preschool programs for children with
  disabilities.
         (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 Board Certified 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 Sections 42.067 and 42.068 to read as follows:
         Sec. 42.067.  REQUIRED PARENTAL DISCLOSURE FOR CHILDREN WITH
  DISABILITIES. A child-care facility or registered family home
  shall provide written disclosure to a parent or guardian of each
  child with a disability attending the facility or home that
  includes:
               (1)  an application in the form prescribed by the
  commission to initiate a referral for early childhood intervention
  and contact information for providers of those services;
               (2)  information on the preschool program for children
  with disabilities; and
               (3)  the policies of the facility or home on providing
  care to children with disabilities.
         Sec. 42.068.  REPORTING OF SUSPENSION OR EXPULSION OF
  CHILDREN. A child-care facility or registered family home shall
  report to the commission in the form and manner prescribed by
  commission rule each suspension or expulsion of a child attending
  the facility or home. The report must include:
               (1)  the name of the child;
               (2)  the date of the suspension or expulsion;
               (3)  the reason for the suspension or expulsion;
               (4)  the race of the child;
               (5)  the disability status of the child; and
               (6)  the child's wandering history.
         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, 2019.
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