Bill Text: TX SB1098 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the rights of a parent or guardian with a child in certain child-care facilities.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB1098 Detail]
Download: Texas-2023-SB1098-Enrolled.html
S.B. No. 1098 |
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relating to the rights of a parent or guardian with a child in | ||
certain child-care facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Kairo and the Kids' | ||
Law. | ||
SECTION 2. Subchapter C, Chapter 42, Human Resources Code, | ||
is amended by adding Section 42.04271 to read as follows: | ||
Sec. 42.04271. RIGHTS OF PARENT OR GUARDIAN WITH CHILD IN | ||
CERTAIN CHILD-CARE FACILITIES. (a) This section applies only to a | ||
day-care center, group day-care home, before-school program, | ||
after-school program, school-age program, or registered family | ||
home. | ||
(b) A parent or guardian of a child at a child-care facility | ||
has the right to: | ||
(1) enter and examine the child-care facility during | ||
the facility's hours of operation without advance notice; | ||
(2) file a complaint against the child-care facility; | ||
(3) review the child-care facility's publicly | ||
accessible records; | ||
(4) review the child-care facility's written records | ||
concerning the parent's or guardian's child; | ||
(5) receive from the child-care facility the | ||
commission's inspection reports for the child-care facility and | ||
information about how to access the child-care facility's | ||
compliance history online; | ||
(6) have the child-care facility comply with a court | ||
order preventing another parent or guardian from visiting or | ||
removing the parent's or guardian's child; | ||
(7) be provided the contact information for the | ||
division responsible for regulating the child-care facility, | ||
including the division's name, address, and phone number; | ||
(8) inspect any video recordings of an alleged | ||
incident of abuse or neglect involving the parent's or guardian's | ||
child, provided that: | ||
(A) video recordings of the alleged incident are | ||
available; | ||
(B) the parent or guardian of the child is not | ||
allowed to retain any part of the video recording depicting a child | ||
who is not the parent's or guardian's child; and | ||
(C) the parent or guardian of any other child | ||
captured in the video recording receives notice from the facility | ||
under Subsection (c); | ||
(9) obtain a copy of the child-care facility's | ||
policies and procedures; | ||
(10) review, on the request of the parent or guardian, | ||
the facility's: | ||
(A) staff training records; and | ||
(B) any in-house staff training curriculum used | ||
by the facility; and | ||
(11) be free from any retaliatory action by the | ||
child-care facility for exercising any of the parent's or | ||
guardian's rights. | ||
(c) Before allowing a parent or guardian to inspect a video | ||
recording under Subsection (b)(8), a child-care facility must | ||
provide written notice to the parent or guardian of any other child | ||
captured in the video recording. | ||
(d) This section does not affect the ability of a law | ||
enforcement agency or the department to access a video recording as | ||
part of an investigation of an incident depicted in the video | ||
recording. | ||
(e) A child-care facility shall provide the parent or | ||
guardian of the child with a written copy of the rights listed in | ||
Subsection (b) not later than the child's first day at the facility. | ||
SECTION 3. Not later than September 30, 2023, a child-care | ||
facility shall provide the information required by Section | ||
42.04271, Human Resources Code, as added by this Act, to the parent | ||
or guardian of each child enrolled at the facility on the effective | ||
date of this Act. | ||
SECTION 4. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1098 passed the Senate on | ||
April 27, 2023, by the following vote: Yeas 30, Nays 1; and that | ||
the Senate concurred in House amendment on May 27, 2023, by the | ||
following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1098 passed the House, with | ||
amendment, on May 24, 2023, by the following vote: Yeas 137, | ||
Nays 1, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |