Bill Text: TX SB1178 | 2011-2012 | 82nd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the regulation of certain shelter day-care facilities, child-care facilities, and individuals providing child-care services, and access to certain criminal history record information; providing an administrative penalty.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - See remarks for effective date [SB1178 Detail]
Download: Texas-2011-SB1178-Engrossed.html
Bill Title: Relating to the regulation of certain shelter day-care facilities, child-care facilities, and individuals providing child-care services, and access to certain criminal history record information; providing an administrative penalty.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - See remarks for effective date [SB1178 Detail]
Download: Texas-2011-SB1178-Engrossed.html
By: Nelson | S.B. No. 1178 |
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relating to the regulation of certain shelter day-care facilities, | ||
child-care facilities, and individuals providing child-care | ||
services, and access to certain criminal history record | ||
information; providing an administrative penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subdivision (18), Section 42.002, Human | ||
Resources Code, is amended to read as follows: | ||
(18) "Controlling person" means a person who, either | ||
alone or in connection with others, has the ability to directly or | ||
indirectly influence or direct the management, expenditures, or | ||
policies of a [ |
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SECTION 2. Section 42.044, Human Resources Code, is amended | ||
by amending Subsection (b) and adding Subsections (c-1) and (c-2) | ||
to read as follows: | ||
(b) The department shall inspect all licensed or certified | ||
facilities at least once a year and may inspect other facilities or | ||
registered family homes as necessary. [ |
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unannounced and all may be unannounced. | ||
(c-1) The department: | ||
(1) shall investigate a listed family home if the | ||
department receives a complaint that: | ||
(A) a child in the home has been abused or | ||
neglected, as defined by Section 261.401, Family Code; or | ||
(B) otherwise alleges an immediate risk of danger | ||
to the health or safety of a child being cared for in the home; and | ||
(2) may investigate a listed family home to ensure | ||
that the home is providing care for compensation to not more than | ||
three children, excluding children who are related to the | ||
caretaker. | ||
(c-2) The department must notify the operator of a listed | ||
family home when a complaint is being investigated under this | ||
section and report in writing the results of the investigation to | ||
the family home's operator. | ||
SECTION 3. Section 42.052, Human Resources Code, is amended | ||
by amending Subsection (j) and adding Subsection (j-1) to read as | ||
follows: | ||
(j) The operator of a listed family home shall undergo | ||
initial and subsequent background and criminal history checks | ||
required under Section 42.056. If the operator of a listed family | ||
home fails to submit the information required by Section 42.056 for | ||
a subsequent background and criminal history check, the department | ||
shall automatically: | ||
(1) suspend the home's listing until the required | ||
information is submitted; and | ||
(2) revoke the home's listing if the required | ||
information is not submitted within six months after the date the | ||
automatic suspension begins. | ||
(j-1) A suspension or revocation under Subsection (j) is not | ||
a suspension or revocation under Section 42.072. | ||
SECTION 4. Subsection (f), Section 42.054, Human Resources | ||
Code, is amended to read as follows: | ||
(f) If a facility, agency, or home fails to pay the annual | ||
fee when due, the license, listing, or registration, as | ||
appropriate, is automatically suspended until the fee is paid. The | ||
license, listing, or registration shall be revoked if the fee is not | ||
paid within six months after the date the automatic suspension | ||
begins. A suspension or revocation under this subsection is not a | ||
suspension or revocation under Section 42.072. | ||
SECTION 5. Section 42.056, Human Resources Code, is amended | ||
by amending Subsection (a-2) and adding Subsection (l) to read as | ||
follows: | ||
(a-2) In accordance with rules adopted by the executive | ||
commissioner, the director, owner, or operator of a day-care | ||
center, before-school or after-school program, or school-age | ||
program shall submit a complete set of fingerprints of each person | ||
whose name is required to be submitted by the director, owner, or | ||
operator under Subsection (a), unless the person is only required | ||
to have the person's name submitted based on criteria specified by | ||
Subsection (a)(7). This subsection does not apply to a program that | ||
is exempt from the licensing requirements of Section 42.041. | ||
(l) In accordance with rules adopted by the executive | ||
commissioner, a person that contracts to provide one or more | ||
substitute employees to a facility or family home must submit to the | ||
department for use in conducting background and criminal history | ||
checks the name of each substitute employee. Before a substitute | ||
employee may be present at a facility or family home, the employee | ||
must meet the same requirements under this section as an employee | ||
present at the facility or family home who performs similar duties. | ||
The director, owner, or operator of a facility or family home must | ||
verify with the department that a substitute employee is eligible | ||
to be present at the facility or family home before allowing the | ||
employee to begin work. | ||
SECTION 6. Section 42.062, Human Resources Code, is amended | ||
to read as follows: | ||
Sec. 42.062. CERTAIN EMPLOYMENT AND SERVICE PROHIBITED. A | ||
person may not be employed as a controlling person or serve in that | ||
capacity in a [ |
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the person [ |
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eligible to receive a license or certification for the operation of | ||
a [ |
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42.072(g) or [ |
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for a substantive reason. | ||
SECTION 7. Section 42.072, Human Resources Code, is amended | ||
by adding Subsection (c-1) and amending Subsections (e) and (g) to | ||
read as follows: | ||
(c-1) A person described by Subsection (c) may not be a | ||
controlling person in any facility or family home during the | ||
five-year period in which the person is ineligible to receive a | ||
license, listing, registration, or certification. | ||
(e) A person may continue to operate a facility or family | ||
home during an appeal of a license, listing, or registration | ||
[ |
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family home poses a risk to the health or safety of children. The | ||
executive commissioner shall by rule establish the criteria for | ||
determining whether the operation of a facility or family home | ||
poses a risk to the health or safety of children. The department | ||
shall notify the facility or family home of the criteria the | ||
department used to determine that the operation of the facility or | ||
family home poses a risk to health or safety and that the facility | ||
or family home may not operate. A person who has been notified by | ||
the department that the facility or home may not operate under this | ||
section may seek injunctive relief from a district court in Travis | ||
County or in the county in which the facility or home is located to | ||
allow operation during the pendency of an appeal. The court may | ||
grant injunctive relief against the agency's action only if the | ||
court finds that the child-care operation does not pose a health or | ||
safety risk to children. A court granting injunctive relief under | ||
this subsection shall have no other jurisdiction over an appeal of | ||
final agency action unless conferred by Chapter 2001, Government | ||
Code. | ||
(g) Notwithstanding Subsection (c), the department may | ||
refuse to issue a license, listing, registration, or certification | ||
to: | ||
(1) a person whose license, listing, registration, or | ||
certification for a [ |
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home was revoked by the department or by court order; | ||
(2) a person who was a controlling person of a | ||
[ |
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conduct occurred that resulted in the revocation of the license, | ||
listing, registration, or certification of the facility or family | ||
home; | ||
(3) a person who voluntarily closed a [ |
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license, listing, registration, or certification after: | ||
(A) the department took an action under | ||
Subsection (a) in relation to the facility, family home, or person; | ||
or | ||
(B) the person received notice that the | ||
department intended to take an action under Subsection (a) in | ||
relation to the facility, family home, or person; or | ||
(4) a person who was a controlling person of a | ||
[ |
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conduct occurred that resulted in the closure of the facility or | ||
family home or relinquishment of the license, listing, | ||
registration, or certification in the manner described by | ||
Subdivision (3). | ||
SECTION 8. Subsection (a), Section 42.078, Human Resources | ||
Code, is amended to read as follows: | ||
(a) The department may impose an administrative penalty | ||
against a facility or family home licensed, [ |
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listed under this chapter that violates this chapter or a rule or | ||
order adopted under this chapter. In addition, the department may | ||
impose an administrative penalty against a residential child-care | ||
facility or a controlling person of a residential child-care | ||
facility if the facility or controlling person: | ||
(1) violates a term of a license or registration | ||
issued under this chapter; | ||
(2) makes a statement about a material fact that the | ||
facility or person knows or should know is false: | ||
(A) on an application for the issuance of a | ||
license or registration or an attachment to the application; or | ||
(B) in response to a matter under investigation; | ||
(3) refuses to allow a representative of the | ||
department to inspect: | ||
(A) a book, record, or file required to be | ||
maintained by the facility; or | ||
(B) any part of the premises of the facility; | ||
(4) purposefully interferes with the work of a | ||
representative of the department or the enforcement of this | ||
chapter; or | ||
(5) fails to pay a penalty assessed under this chapter | ||
on or before the date the penalty is due, as determined under this | ||
section. | ||
SECTION 9. Chapter 42, Human Resources Code, is amended by | ||
adding Subchapter G to read as follows: | ||
SUBCHAPTER G. REGULATION OF TEMPORARY SHELTER DAY-CARE FACILITIES | ||
Sec. 42.201. DEFINITIONS. In this subchapter: | ||
(1) "Shelter" means a supervised publicly or privately | ||
operated shelter or other facility that is designed to provide | ||
temporary living accommodations to individuals and families, | ||
including a family violence shelter, a homeless shelter, and an | ||
emergency shelter. The term does not include a temporary facility | ||
established in response to a natural or other disaster. | ||
(2) "Shelter care" means child care that is provided: | ||
(A) to seven or more children under 14 years of | ||
age who temporarily reside at a shelter each with an adult who is | ||
related to the child by blood or who is the child's managing | ||
conservator; | ||
(B) by a person who is not a temporary resident of | ||
a shelter; and | ||
(C) while the adult described by Paragraph (A) is | ||
away from the shelter. | ||
(3) "Shelter day-care facility" means a shelter that | ||
provides shelter care for not more than 24 hours a day, but at least | ||
four hours a day, three or more days a week. | ||
Sec. 42.202. PERMIT REQUIRED. (a) Except as provided by | ||
Subsections (b) and (e), a shelter may not provide shelter care | ||
unless the shelter holds a permit issued by the department under | ||
this subchapter. | ||
(b) A shelter is not required to obtain a permit to provide | ||
shelter care under this subchapter if the shelter holds a license to | ||
operate a child-care facility that is issued by the department | ||
under Subchapter C. A shelter that holds that license must comply | ||
with the applicable provisions of Subchapter C, the applicable | ||
rules of the department, and any specific terms of the license. | ||
(c) Notwithstanding any other law, including Section | ||
42.041, a shelter that holds a permit issued under this subchapter | ||
is not required to hold a license under Subchapter C to operate a | ||
shelter day-care facility. | ||
(d) The department may not issue a permit under this | ||
subchapter to a shelter that provides child care to a child who is | ||
not a resident of the shelter. A shelter that provides child care | ||
described by this subsection must hold a license to operate a | ||
child-care facility issued under Subchapter C. | ||
(e) A shelter is not required to obtain a permit under this | ||
subchapter or a license under Subchapter C if the shelter provides | ||
shelter care for: | ||
(1) less than four hours a day or for less than three | ||
days a week; or | ||
(2) six or fewer children. | ||
Sec. 42.203. APPLICATION; INITIAL INSPECTION AND | ||
BACKGROUND AND CRIMINAL HISTORY CHECKS. (a) The department shall | ||
develop and implement a streamlined procedure by which a shelter | ||
may apply for and be issued a permit to operate a shelter day-care | ||
facility. The shelter must submit an application for the permit to | ||
the department on a form prescribed by the department. | ||
(b) Except as provided by Section 42.204, on receipt of a | ||
shelter's application for a permit, the department shall: | ||
(1) conduct an initial inspection of the shelter | ||
day-care facility to ensure that the shelter is able to comply with | ||
the provisions of this subchapter and that the facility complies | ||
with the fire safety and sanitation standards of the political | ||
subdivision in which the facility is located; and | ||
(2) conduct a background and criminal history check on | ||
each prospective caregiver whose name is submitted as required by | ||
Section 42.206(a). | ||
(c) The department may charge an applicant an | ||
administrative fee in a reasonable amount that is sufficient to | ||
cover the costs of the department in processing the application. | ||
(d) The department shall process an application not later | ||
than the 30th day after the date the department receives all of the | ||
required information. | ||
Sec. 42.204. CONVERSION OF LICENSE. (a) The department | ||
shall develop and implement a procedure by which a shelter that | ||
holds a license to operate a child-care facility that is issued | ||
under Subchapter C before September 1, 2012, may convert the | ||
license to a permit under this subchapter. The procedure must | ||
include an abbreviated application form for use by the shelter in | ||
applying for the permit. | ||
(b) The department may waive the requirements under Section | ||
42.203(b) for an initial inspection or background and criminal | ||
history checks with respect to a licensed child-care facility | ||
seeking to convert a license to a permit under this section if the | ||
department determines that previously conducted inspections or | ||
background and criminal history checks, as applicable, are | ||
sufficient to ensure the safety of children receiving care at the | ||
facility. | ||
Sec. 42.205. CAREGIVER QUALIFICATIONS AND TRAINING; | ||
CHILD-TO-CAREGIVER RATIOS. (a) The executive commissioner shall | ||
adopt rules that specify the minimum: | ||
(1) qualifications and training required for a person | ||
providing child care in a shelter day-care facility; and | ||
(2) child-to-caregiver ratios in a shelter day-care | ||
facility. | ||
(b) In adopting rules under this section, the executive | ||
commissioner shall consider: | ||
(1) the special circumstances and needs of families | ||
that seek temporary shelter; and | ||
(2) the role of a shelter in assisting and supporting | ||
families in crisis. | ||
Sec. 42.206. BACKGROUND AND CRIMINAL HISTORY CHECKS | ||
REQUIRED. (a) In accordance with rules adopted by the executive | ||
commissioner, a shelter shall, when applying for a permit under | ||
this subchapter and at least once during each 24-month period after | ||
receiving that permit, submit to the department for use in | ||
conducting background and criminal history checks: | ||
(1) the name of any director or prospective director | ||
of the shelter day-care facility and the name of each caregiver or | ||
prospective caregiver employed at the facility to provide care to | ||
children; | ||
(2) the name of each person counted in | ||
child-to-caregiver ratios at the shelter day-care facility; and | ||
(3) the name of each person 14 years of age or older | ||
who will have unsupervised access to one or more children while in | ||
the care of the shelter day-care facility. | ||
(b) In addition to the requirements of Subsection (a), a | ||
shelter shall submit a complete set of fingerprints of each person | ||
required to undergo a criminal history check under Subsection (a) | ||
if: | ||
(1) the person has lived outside the state at any time | ||
during the previous five years; or | ||
(2) the shelter has reason to suspect that the person | ||
has a criminal history in another state. | ||
(c) The department shall conduct background and criminal | ||
history checks using: | ||
(1) the information provided under Subsection (a) or | ||
(b), as applicable; | ||
(2) the information made available by the Department | ||
of Public Safety under Section 411.114, Government Code, or by the | ||
Federal Bureau of Investigation or another criminal justice agency | ||
under Section 411.087, Government Code; and | ||
(3) the department's records of reported abuse and | ||
neglect. | ||
(d) For purposes of Sections 411.114 and 411.087, | ||
Government Code: | ||
(1) a shelter that applies for a permit is considered | ||
to be an applicant for a license under this chapter; and | ||
(2) a shelter day-care facility operating under a | ||
permit issued under this subchapter is considered to be a | ||
child-care facility licensed under this chapter. | ||
(e) The department shall require the shelter to pay to the | ||
department a fee in an amount not to exceed the administrative costs | ||
the department incurs in conducting a background and criminal | ||
history check under this section. | ||
Sec. 42.207. APPLICABILITY OF OTHER LAW. Except as | ||
otherwise provided by this subchapter, a shelter day-care facility | ||
operating under this subchapter is not a child-care facility, as | ||
defined by Section 42.002, and the provisions of this chapter and | ||
the department's rules that apply to a child-care facility licensed | ||
under Subchapter C do not apply to a shelter day-care facility. | ||
Sec. 42.208. REPORTING OF INCIDENTS AND VIOLATIONS. A | ||
shelter day-care facility operating under this subchapter and each | ||
employee of that facility are subject to the reporting requirements | ||
of Section 42.063 to the same extent a licensed child-care facility | ||
and employees of licensed child-care facilities are subject to that | ||
section. | ||
Sec. 42.209. AUTHORITY TO CONDUCT LIMITED INSPECTIONS. | ||
(a) The department may inspect a shelter day-care facility | ||
operating under this subchapter if the department receives a | ||
complaint or report of child abuse or neglect alleged to have | ||
occurred at the shelter day-care facility. | ||
(b) If the department inspects a shelter day-care facility | ||
as authorized by this section, the department may require the | ||
facility to take appropriate corrective action the department | ||
determines necessary to comply with the requirements of this | ||
subchapter and to ensure the health and safety of children | ||
receiving care at the facility. The department may continue to | ||
inspect the facility until corrective action is taken and for a | ||
reasonable time after that action is taken to ensure continued | ||
compliance. | ||
(c) The department may charge a shelter issued a permit | ||
under this subchapter a reasonable fee for the cost of services | ||
provided by the department in formulating, monitoring, and | ||
implementing a corrective action plan under this section. | ||
Sec. 42.210. SUSPENSION, DENIAL, OR REVOCATION. (a) The | ||
department may suspend, deny, or revoke a permit issued to a shelter | ||
under this subchapter if the shelter does not comply with the | ||
provisions of this subchapter or any applicable department rules. | ||
(b) The department may refuse to issue a permit under this | ||
subchapter to a shelter that had its authorization to operate a | ||
child-care facility issued under another subchapter revoked, | ||
suspended, or not renewed for a reason relating to child health or | ||
safety as determined by the department. | ||
(c) A shelter day-care facility is subject to the emergency | ||
suspension of its permit to operate and to closure under Section | ||
42.073 to the same extent and in the same manner as a licensed | ||
child-care facility is subject to that section. | ||
SECTION 10. Subsection (a), Section 43.010, Human Resources | ||
Code, is amended to read as follows: | ||
(a) The department may deny, revoke, suspend, or refuse to | ||
renew a license, or place on probation or reprimand a license holder | ||
for: | ||
(1) violating this chapter or a rule adopted under | ||
this chapter; | ||
(2) circumventing or attempting to circumvent the | ||
requirements of this chapter or a rule adopted under this chapter; | ||
(3) engaging in fraud or deceit related to the | ||
requirements of this chapter or a rule adopted under this chapter; | ||
(4) providing false or misleading information to the | ||
department during the license application or renewal process for | ||
any person's license; | ||
(5) making a statement about a material fact during | ||
the license application or renewal process that the person knows or | ||
should know is false; | ||
(6) having: | ||
(A) a criminal history or central registry record | ||
that would prohibit a person from working in a child-care facility, | ||
as defined by Section 42.002, under rules applicable to that type of | ||
facility; or | ||
(B) a criminal history relevant to the duties of | ||
a licensed child-care or child-placing administrator, as those | ||
duties are specified in rules adopted by the executive | ||
commissioner; | ||
(7) using drugs or alcohol in a manner that | ||
jeopardizes the person's ability to function as an administrator; | ||
or | ||
(8) performing duties as a child-care administrator in | ||
a negligent manner. | ||
SECTION 11. Section 411.087, Government Code, is amended by | ||
amending Subsections (a) and (e) and adding Subsection (f) to read | ||
as follows: | ||
(a) Unless otherwise authorized by Subsection (e), a [ |
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person, agency, department, political subdivision, or other entity | ||
that is authorized by this subchapter to obtain from the department | ||
criminal history record information maintained by the department | ||
that relates to another person is authorized to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to that person; or | ||
(2) obtain from any other criminal justice agency in | ||
this state criminal history record information maintained by that | ||
criminal justice agency that relates to that person. | ||
(e) The department may provide access to state and national | ||
criminal history record information to qualified [ |
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entities entitled to that information under 42 U.S.C. Section | ||
5119a. The department must follow federal law and regulation, | ||
federal executive orders, and federal policy in releasing | ||
information under this subsection. | ||
(f) Notwithstanding any other law, a person, agency, | ||
department, political subdivision, or other entity entitled to | ||
access the criminal history record information of a person under | ||
Subsection (e) is not required to collect or submit the person's | ||
fingerprints if: | ||
(1) a complete set of the person's fingerprints was | ||
previously submitted under Subsection (d)(1); | ||
(2) the department retained the fingerprints; | ||
(3) the fingerprints are acceptable to the Federal | ||
Bureau of Investigation for access to criminal history record | ||
information; and | ||
(4) the only purpose for which the person's | ||
fingerprints are collected is to access criminal history record | ||
information under Subsection (e). | ||
SECTION 12. Subsection (a), Section 411.114, Government | ||
Code, is amended to read as follows: | ||
(a)(1) In this subsection: | ||
(A) "Child," "child-care facility," | ||
"child-placing agency," and "family home" have the meanings | ||
assigned by Section 42.002, Human Resources Code. | ||
(B) "Elderly person" has the meaning assigned by | ||
Section 48.002, Human Resources Code. | ||
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(D) "Person with a disability" means a disabled | ||
person as defined by Section 48.002, Human Resources Code. | ||
(E) "Ward" has the meaning assigned by Section | ||
601, Texas Probate Code. | ||
(2) The Department of Family and Protective Services | ||
shall obtain from the department criminal history record | ||
information maintained by the department that relates to a person | ||
who is: | ||
(A) an applicant for a license, registration, | ||
certification, or listing under Chapter 42, Human Resources Code[ |
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(B) an owner, operator, or employee of or an | ||
applicant for employment by a child-care facility, child-placing | ||
agency, or family home[ |
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certified, or listed under Chapter 42, Human Resources Code[ |
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(C) a person 14 years of age or older who will be | ||
regularly or frequently working or staying in a child-care facility | ||
or[ |
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provided care, other than a child in the care of the home or | ||
facility; | ||
(D) an applicant selected for a position with the | ||
Department of Family and Protective Services, the duties of which | ||
include direct delivery of protective services to children, elderly | ||
persons, or persons with a disability; | ||
(E) an employee of, an applicant for employment | ||
with, or a volunteer or an applicant volunteer with a business | ||
entity or person that contracts with the Department of Family and | ||
Protective Services to provide direct delivery of protective | ||
services to children, elderly persons, or persons with a | ||
disability, if the person's duties or responsibilities include | ||
direct contact with children, elderly persons, or persons with a | ||
disability; | ||
(F) a registered volunteer with the Department of | ||
Family and Protective Services; | ||
(G) a person providing or applying to provide | ||
in-home, adoptive, or foster care for children in the care of the | ||
Department of Family and Protective Services and other persons | ||
living in the residence in which the child will reside; | ||
(H) a Department of Family and Protective | ||
Services employee who is engaged in the direct delivery of | ||
protective services to children, elderly persons, or persons with a | ||
disability; | ||
(I) a person who is the subject of a report the | ||
Department of Family and Protective Services receives alleging that | ||
the person has abused, neglected, or exploited a child, an elderly | ||
person, or a person with a disability, provided that: | ||
(i) the report alleges the person has | ||
engaged in conduct that meets the statutory definition of abuse, | ||
neglect, or exploitation under Chapter 261, Family Code, or Chapter | ||
48, Human Resources Code; and | ||
(ii) the person who is the subject of the | ||
report is not also the victim of the alleged conduct; | ||
(J) a person providing child care for a child who | ||
is in the care of the Department of Family and Protective Services | ||
and who is or will be receiving adoptive, foster, or in-home care; | ||
(K) through a contract with a nonprofit | ||
management center, an employee of, an applicant for employment | ||
with, or a volunteer or an applicant volunteer with a nonprofit, | ||
tax-exempt organization that provides any service that involves the | ||
care of or access to children, elderly persons, or persons with a | ||
disability; or | ||
(L) an applicant for a child-care administrator | ||
or child-placing agency administrator license under Chapter 43, | ||
Human Resources Code. | ||
(3) The Department of Family and Protective [ |
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criminal history record information maintained by the department | ||
that relates to a person who is: | ||
(A) a volunteer or applicant volunteer with a | ||
local affiliate in this state of Big Brothers/Big Sisters of | ||
America; | ||
(B) a volunteer or applicant volunteer with the | ||
"I Have a Dream/Houston" program; | ||
(C) a volunteer or applicant volunteer with an | ||
organization that provides court-appointed special advocates for | ||
abused or neglected children; | ||
(D) a person providing, at the request of the | ||
child's parent, in-home care for a child who is the subject of a | ||
report alleging the child has been abused or neglected; | ||
(E) a volunteer or applicant volunteer with a | ||
Texas chapter of the Make-a-Wish Foundation of America; | ||
(F) a person providing, at the request of the | ||
child's parent, in-home care for a child only if the person gives | ||
written consent to the release and disclosure of the information; | ||
(G) a child who is related to the caretaker, as | ||
determined under Section 42.002, Human Resources Code, and who | ||
resides in or is present in a child-care facility or[ |
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home[ |
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Subdivision (2)(C), or any other person who has unsupervised access | ||
to a child in the care of a child-care facility or[ |
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(H) an applicant for a position with the | ||
Department of Family and Protective [ |
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other than a position described by Subdivision (2)(D), regardless | ||
of the duties of the position; | ||
(I) a volunteer or applicant volunteer with the | ||
Department of Family and Protective [ |
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other than a registered volunteer, regardless of the duties to be | ||
performed; | ||
(J) a person providing or applying to provide | ||
in-home, adoptive, or foster care for children to the extent | ||
necessary to comply with Subchapter B, Chapter 162, Family Code; | ||
(K) a Department of Family and Protective [ |
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Subdivision (2)(H), regardless of the duties of the employee's | ||
position; | ||
(L) a relative of a child in the care of the | ||
Department of Family and Protective [ |
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the extent necessary to comply with Section 162.007, Family Code; | ||
(M) a person, other than the subject of a report | ||
described in Subdivision (2)(I), living in the residence in which | ||
the alleged victim of the report resides; | ||
(N) a contractor or an employee of a contractor | ||
who delivers services to a ward of the Department of Family and | ||
Protective [ |
||
estate of the ward; | ||
(O) a person who seeks unsupervised visits with a | ||
ward of the Department of Family and Protective [ |
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Services, including a relative of the ward; or | ||
(P) an employee, volunteer, or applicant | ||
volunteer of a children's advocacy center under Subchapter E, | ||
Chapter 264, Family Code, including a member of the governing board | ||
of a center. | ||
(4) Subject to Section 411.087, the Department of | ||
Family and Protective [ |
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(A) obtain through the Federal Bureau of | ||
Investigation criminal history record information maintained or | ||
indexed by that bureau that pertains to a person described by | ||
Subdivision (2); and | ||
(B) obtain from any other criminal justice agency | ||
in this state criminal history record information maintained by | ||
that criminal justice agency that relates to a person described by | ||
Subdivision (2) or (3). Law enforcement entities shall expedite | ||
the furnishing of such information to Department of Family and | ||
Protective [ |
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criminal background checks for the safety of alleged victims and | ||
Department of Family and Protective [ |
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workers. | ||
(5) The Department of Family and Protective [ |
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section to harass an employee or volunteer. The executive | ||
commissioner of the Health and Human Services Commission [ |
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the harassment of an employee or volunteer through the request and | ||
use of criminal records. | ||
(6) Criminal history record information obtained by | ||
the Department of Family and Protective [ |
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under this subsection may not be released to any person except: | ||
(A) on court order; | ||
(B) with the consent of the person who is the | ||
subject of the criminal history record information; | ||
(C) for purposes of an administrative hearing | ||
held by the Department of Family and Protective [ |
||
Services concerning the person who is the subject of the criminal | ||
history record information; or | ||
(D) as provided by Subdivision (7). | ||
(7) The Department of Family and Protective [ |
||
|
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history record information obtained under this subsection to: | ||
(A) the person who is the subject of the criminal | ||
history record information; | ||
(B) a child-care facility, child-placing agency, | ||
or family home[ |
||
employs or is considering employing the person who is the subject of | ||
the criminal history record information; | ||
(C) a person or business entity described by | ||
Subdivision (2)(E) or (3) who uses or intends to use the services of | ||
the volunteer or employs or is considering employing the person who | ||
is the subject of the criminal history record information; or | ||
(D) an adult residing with a child, elderly | ||
person, or person with a disability and the person who is the | ||
subject of the criminal history record information, if the | ||
Department of Family and Protective [ |
||
determines that the release of information to the adult is | ||
necessary to ensure the safety or welfare of the child, elderly | ||
person, or person with a disability or the adult. | ||
SECTION 13. Subsection (e), Section 81.042, Health and | ||
Safety Code, is amended to read as follows: | ||
(e) The following persons shall report to the local health | ||
authority or the department a suspected case of a reportable | ||
disease and all information known concerning the person who has or | ||
is suspected of having the disease if a report is not made as | ||
required by Subsections (a)-(d): | ||
(1) a professional registered nurse; | ||
(2) an administrator or director of a public or | ||
private temporary or permanent child-care facility; | ||
(3) an administrator or director of a nursing home, | ||
personal care home, [ |
||
adult day-care center; | ||
(4) an administrator of a home health agency; | ||
(5) an administrator or health official of a public or | ||
private institution of higher education; | ||
(6) an owner or manager of a restaurant, dairy, or | ||
other food handling or processing establishment or outlet; | ||
(7) a superintendent, manager, or health official of a | ||
public or private camp, home, or institution; | ||
(8) a parent, guardian, or householder; | ||
(9) a health professional; | ||
(10) an administrator or health official of a penal or | ||
correctional institution; or | ||
(11) emergency medical service personnel, a peace | ||
officer, or a firefighter. | ||
SECTION 14. (a) The Department of Family and Protective | ||
Services shall develop and implement a procedure by which a | ||
maternity home that provides residential child care to a minor | ||
mother and that holds a license issued under Chapter 249, Health and | ||
Safety Code, before September 1, 2012, may convert the license to a | ||
residential child-care facility license issued under Chapter 42, | ||
Human Resources Code. | ||
(b) The Department of Family and Protective Services may | ||
waive requirements for an initial inspection or initial background | ||
and criminal history checks with respect to a maternity home | ||
seeking to convert a license under Subsection (a) of this section if | ||
the department determines that previously conducted inspections or | ||
background and criminal history checks, as applicable, are | ||
sufficient to ensure the safety of children receiving care at the | ||
facility. | ||
SECTION 15. The following laws are repealed: | ||
(1) Chapter 249, Health and Safety Code; and | ||
(2) Subsection (g-2), Section 42.042, Human Resources | ||
Code. | ||
SECTION 16. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect September 1, 2011. | ||
(b) The changes in law made by this Act by the amendment of | ||
Subsection (a), Section 411.114, Government Code, and Subsection | ||
(e), Section 81.042, Health and Safety Code, the enactment of | ||
Subchapter G, Chapter 42, Human Resources Code, and the repeal of | ||
Chapter 249, Health and Safety Code, and Subsection (g-2), Section | ||
42.042, Human Resources Code, take effect September 1, 2012. |