Bill Text: TX SB2164 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to staff-to-child ratios and group sizes in licensed day-care centers and reporting certain information related to child safety.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-04-26 - Left pending in committee [SB2164 Detail]

Download: Texas-2017-SB2164-Introduced.html
 
 
  By: Zaffirini S.B. No. 2164
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to staff-to-child ratios and group sizes in licensed
  day-care centers and reporting certain information related to child
  safety.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.0412 to read as follows:
         Sec. 42.0412.  COLLECTION OF LICENSED DAY-CARE CENTER DATA.  
  (a)  In this section, "group of children" means the number of
  children assigned to a specific caregiver or group of caregivers,
  occupying an individual classroom or well-defined physical space
  within a larger room at a day-care center.
         (b)  During each monitoring inspection of a licensed
  day-care center the department conducts between March 1, 2018, and
  May 31, 2018, the department, using existing resources, shall
  collect the following data for each group of children 4 years of age
  and younger in the day-care center:
               (1)  the ages of the children in the group;
               (2)  the number of children in the group; and
               (3)  the number of caregivers supervising the children
  in the group.
         (c)  Not later than June 30, 2018, the department shall make
  the data collected under Subsection (b) available to community
  agencies and institutions of higher education on request.
         (d)  The department shall collect the following information
  for each licensed day-care center that the department has collected
  data on under subsection (b) and on request shall provide the
  information to community agencies and institutions of higher
  education:
               (1)  the licensed day-care center's program capacity;
               (2)  the number of confirmed serious injuries and
  fatalities for children 4 years of age and younger that occurred at
  the day-care center between September 1, 2017, and August 31, 2018,
  aggregated by the age of the injured or deceased child;
               (3)  the number of investigations the department
  conducted at the day-care center between September 1, 2017, and
  August 31, 2018, that were assigned the highest priority or
  second-highest priority, aggregated by the age of the affected
  child; and
               (4)  the number of violations that the department found
  at the day-care center between September 1, 2017, and August 31,
  2018, that were assigned the highest priority or second-highest
  priority, aggregated by the age of the child involved in the
  violation.
         (e)  The department, using existing resources, shall provide
  an annual report to the legislature that includes:
               (1)  the number of confirmed serious injuries and
  fatalities for children 4 years of age and younger that occurred at
  each licensed day-care center, aggregated by the age of the injured
  or deceased child;
               (2)  the number of investigations conducted by the
  department at each licensed day-care center that were assigned the
  highest priority or second-highest priority, aggregated by the age
  of the affected child;
               (3)  the number of violations the department found at
  each licensed day-care center, aggregated by the age of the child
  involved in the violation; and
               (4)  the investigation priority the department
  assigned to an initial intake report for an incident that resulted
  in a serious injury to a child or a child fatality.
         (f)  This subsection and Subsections (a), (b), (c), and (d)
  expire on September 1, 2019.
         SECTION 2.  Section 42.042, Human Resources Code, is amended
  by adding Subsection (m-1) to read as follows:
         (m-1)  Not later than January 1, 2019, the executive
  commissioner shall use the data collected under Section 42.0412 to
  determine whether to modify the standards related to staff-to-child
  ratios and group sizes.  In determining whether to modify the
  standards, the executive commissioner shall compare licensed
  day-care centers meeting staff-to-child ratios and group size
  requirements with licensed day-care centers that have fewer
  children per caregiver.  The executive commissioner shall recommend
  appropriate adjustments to any ratio standard by age for which the
  data shows that licensed day-care centers meeting the state's
  minimum standards have a rate that is 10 percent or higher than
  those with fewer children per caregiver of:
               (1)  confirm serious injuries;
               (2)  confirmed child fatalities; and
               (3)  initial intake reports that are assigned the
  highest priority or the second-highest priority.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
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