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Texas Human Resources Code - Chapter 42 Regulation Of Certain Facilities, Homes, And Agencies That Provide Child-Care ServicesLegal Research Home > Texas Lawyer > Human Resources Code > Texas Human Resources Code - Chapter 42 Regulation Of Certain Facilities, Homes, And Agencies That Provide Child-Care Services The purpose of this chapter is to protect the health, safety, and well-being of the children of the state who reside in child-care facilities by ... In this chapter: (1) "Child" means a person under 18 years of age. (2) "Division" means the division designated by the department to carry out ... (a) The department may designate a division within the department to carry out responsibilities the department may delegate or assign under this chapter. (b) The ... (a) The State Advisory Committee on Child-Care Administrators and Facilities is appointed by the board on the recommendation of the director. (b) Members of the ... (a) The department shall prepare an annual written report regarding the department's activities under this chapter. (b) The annual report shall include: (1) a report ... Chapter 2001, Government Code applies to all procedures under this chapter except where it is contrary to or inconsistent with the provisions of this chapter. ... (a) No person may operate a child-care facility or child-placing agency without a license issued by the department. (b) This section does not apply to: ... (a) The department shall make rules to carry out the provisions of this chapter. (b) The department shall conduct a comprehensive review of all rules ... (a) The minimum training standards prescribed by the department under Section 42.042(p) for an employee of a day-care center or group day-care home must include: ... A person providing services to a resident of a child-care institution, including a state-operated facility that is a residential treatment center or a child-care institution ... (a) The department by rule shall regulate assessment services provided by child-care facilities or child-placing agencies. A child-care facility or child-placing agency may not provide ... (a) A licensed facility shall provide training for staff members in: (1) the recognition of symptoms of child abuse, neglect, and sexual molestation and the ... All areas of a licensed facility must be accessible to a parent of a child who is receiving care at the facility if the parent ... (a) The department shall make rules for the immunization of children in facilities regulated under this chapter. (b) The department shall require that each child ... (a) The department, after consultation with the Texas Department of Health, shall adopt rules necessary to ensure that children receiving care at a day-care center ... (a) An authorized representative of the department may visit a facility regulated under this chapter or a registered family home during operating hours to investigate, ... Immediately after completing a monitoring inspection of a licensed day-care center, licensed group day-care home, or registered family home under Section 42.044, the authorized representative ... (a) On completion of an inspection of a residential child-care facility under Section 42.044, the inspector shall hold an exit conference with a representative of ... (a) The department shall coordinate monitoring inspections of licensed day-care centers, licensed group day-care homes, and registered family homes performed by another state agency to ... Text of section as added by Acts 1997, 75th Leg., ch. 253, § 1 (a) If feasible using available information systems, the department shall ... Text of section as added by Acts 2003, 78th Leg., ch. 709, § 1. (a) The department may not inspect a licensed day-care center, ... (a) Before the department issues or renews a license, registration, or certification under this subchapter, the department shall search the central registry of reported cases ... The executive commissioner shall adopt rules providing a procedure by which the department removes from the department's Internet website information with respect to a child-care ... (a) A person commits an offense if the person knowingly or intentionally files a complaint alleging that a child-care facility or registered family home failed ... (a) A person who operates a licensed or certified facility shall maintain individual child development records, individual health records, statistical records, and complete financial records. ... (a) An applicant for a license to operate a child-care facility or child-placing agency or for a listing or registration to operate a family home ... (a) Before the department may issue a license, other than a renewal license, or certificate to operate under Subchapter E for the operation or the ... (a) The department shall offer consultation to potential applicants, applicants, and license, listing, registration, and certification holders about meeting and maintaining standards for licensing, listing, ... (a) The department shall issue a license after determining that an applicant has satisfied all requirements. (b) When issuing a license, the department may impose ... (a) A license holder shall maintain liability insurance coverage in the amount of $300,000 for each occurrence of negligence. An insurance policy or contract required ... (a) A license holder may apply for a new license in compliance with the requirements of this chapter and the rules promulgated by the department ... (a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required annual fee to the department ... (a) The department shall issue an initial license when a facility's plans meet the department's licensing requirements and one of the following situations exists: (1) ... (a) A state-operated child-care facility or child-placing agency must receive certification of approval from the department. The certification of approval remains valid until revoked or ... The fees authorized by this chapter and received by the department shall be deposited in the general revenue fund. Added by Acts 1985, 69th Leg., ... (a) A family home may not place a public advertisement that uses the title "registered family home" or any variation of that phrase unless the ... (a) An agency foster home or agency foster group home is considered part of the child-placing agency that operates the agency foster home or agency ... (a) A child-placing agency that seeks to verify an agency home or an agency group home shall request background information about the agency home or ... (a) The department shall charge an applicant a nonrefundable application fee of $35 for an initial license to operate a child-care facility or a child-placing ... (a) Each child-care facility shall post in a location that is conspicuous to all employees and customers a sign that includes: (1) a description of ... (a) Each day-care center, group day-care home, and family home shall post a list of all current employees at the center or home in accordance ... (a) In accordance with rules adopted by the department, the director, owner, or operator of a child-care facility or family home shall, when applying to ... (a) Each residential child-care facility shall establish a drug testing policy for employees. A residential child-care facility may adopt the model employee drug testing policy ... (a) The board may not adopt rules restricting competitive bidding or advertising by a license holder or registration holder except to prohibit false, misleading, or ... (a) An applicant for temporary or permanent employment with a licensed facility or registered family home whose employment or potential employment with the facility or ... (a) In this section, "carbon monoxide detector" means a device that detects and sounds an alarm to indicate the presence of a harmful level of ... A residential child-care facility may not employ in any capacity a person who is not eligible to receive a license or certification for the operation ... (a) In this section, "serious incident" means a suspected or actual incident that threatens or impairs the basic health, safety, or well-being of a child. ... The department shall revoke, suspend, or refuse to renew a license or registration, place on probation a person whose license or registration has been suspended, ... (a) The department may suspend the license of a facility or the registration of a family home that has temporarily ceased operation but has definite ... The department may charge a facility or family home for reimbursement of the reasonable cost of services provided by the department in formulating, monitoring, and ... (a) The department may suspend, deny, revoke, or refuse to renew the license, listing, registration, or certification of approval of a facility or family home ... (a) The department shall suspend a facility's license or a family home's listing or registration and order the immediate closing of the facility or family ... (a) When it appears that a person has violated, is violating, or is threatening to violate the licensing, certification, listing, or registration requirements of this ... (a) A person is subject to a civil penalty of not less than $50 nor more than $100 for each day of violation and for ... (a) A person who operates a child-care facility or child-placing agency without a license commits a Class B misdemeanor. (b) A person who operates a ... (a) If the department revokes or suspends a facility's license or a family home's listing or registration, the department shall publish notice of this action ... (a) The department may impose an administrative penalty against a facility or family home licensed or registered under this chapter that violates this chapter or ... Last modified: August 10, 2007 |