onecle - legal research

State Law

Federal Law

Texas Human Resources Code - Chapter 42 Regulation Of Certain Facilities, Homes, And Agencies That Provide Child-Care Services

Legal 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

  • Texas Human Resources Code Section 42.001 - Purpose
    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 ...
  • Texas Human Resources Code Section 42.002 - Definitions
    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 ...
  • Texas Human Resources Code Section 42.021 - Division Designated
    (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 ...
  • Texas Human Resources Code Section 42.022 - State Advisory Committee
    (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 ...
  • Texas Human Resources Code Section 42.023 - Annual Report
    (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 ...
  • Texas Human Resources Code Section 42.024 - Administrative Procedure
    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. ...
  • Texas Human Resources Code Section 42.041 - Required License Or Accreditation
    (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: ...
  • Texas Human Resources Code Section 42.042 - Rules And Standards
    (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 ...
  • Texas Human Resources Code Section 42.0421 - Minimum Training Standards
    (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: ...
  • Texas Human Resources Code Section 42.0422 - Restraint And Seclusion
    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 ...
  • Texas Human Resources Code Section 42.0425 - Assessment Services
    (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 ...
  • Texas Human Resources Code Section 42.0426 - Training Of Personnel
    (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 ...
  • Texas Human Resources Code Section 42.0427 - Parental Visitation
    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 ...
  • Texas Human Resources Code Section 42.043 - Rules For Immunizations
    (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 ...
  • Texas Human Resources Code Section 42.0431 - Enforcement Of Screening Requirements Relating To Vision, Hearing, And Other Special Senses And Communication Disorders
    (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 ...
  • Texas Human Resources Code Section 42.044 - Inspections
    (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, ...
  • Texas Human Resources Code Section 42.0441 - Inspection Results For Certain Nonresidential Child-Care Facilities
    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 ...
  • Texas Human Resources Code Section 42.04411 - Inspection Results And Exit Conference For Residential Child-Care Facilities
    (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 ...
  • Texas Human Resources Code Section 42.0442 - Coordination Of Inspections; Elimination Of Duplicative Inspections
    (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 ...
  • Texas Human Resources Code Section 42.0443 - Inspection Information Database
    Text of section as added by Acts 1997, 75th Leg., ch. 253, § 1 (a) If feasible using available information systems, the department shall ...
  • Texas Human Resources Code Section 42.0443 - Coordination Of Fire Safety And Sanitation Inspections
    Text of section as added by Acts 2003, 78th Leg., ch. 709, § 1. (a) The department may not inspect a licensed day-care center, ...
  • Texas Human Resources Code Section 42.0445 - Required Background Search Of Central Registry Of Reported Cases Of Child Abuse Or Neglect
    (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 ...
  • Texas Human Resources Code Section 42.0446 - Removal Of Certain Investigation Information From Internet Website
    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 ...
  • Texas Human Resources Code Section 42.0447 - False Report; Criminal Penalty
    (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 ...
  • Texas Human Resources Code Section 42.045 - Records
    (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. ...
  • Texas Human Resources Code Section 42.046 - Application For License, Listing, Or Registration
    (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 ...
  • Texas Human Resources Code Section 42.0461 - Public Notice And Hearing In Certain Counties: Residential Child Care
    (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 ...
  • Texas Human Resources Code Section 42.047 - Consultations
    (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, ...
  • Texas Human Resources Code Section 42.048 - Licensing
    (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 ...
  • Texas Human Resources Code Section 42.049 - Liability Insurance Required
    (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 ...
  • Texas Human Resources Code Section 42.050 - License Renewal
    (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 ...
  • Texas Human Resources Code Section 42.0505 - Renewal Of License
    (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 ...
  • Texas Human Resources Code Section 42.051 - Initial License
    (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) ...
  • Texas Human Resources Code Section 42.052 - Certification, Listing, And Registration
    (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 ...
  • Texas Human Resources Code Section 42.0521 - Deposit Of Fees
    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., ...
  • Texas Human Resources Code Section 42.0522 - Public Advertising Of Family Homes
    (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 ...
  • Texas Human Resources Code Section 42.053 - Agency Foster Homes And Agency Foster Group Homes
    (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 ...
  • Texas Human Resources Code Section 42.0535 - Required Information For Verification
    (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 ...
  • Texas Human Resources Code Section 42.054 - Fees
    (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 ...
  • Texas Human Resources Code Section 42.055 - Sign Posting
    (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 ...
  • Texas Human Resources Code Section 42.0551 - Posting Of Employee List
    (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 ...
  • Texas Human Resources Code Section 42.056 - Required Background And Criminal History Checks
    (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 ...
  • Texas Human Resources Code Section 42.057 - Drug Testing
    (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 ...
  • Texas Human Resources Code Section 42.058 - Competitive Bidding Or Advertising Rules
    (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 ...
  • Texas Human Resources Code Section 42.059 - Required Affidavit For Applicants For Employment With Facility Or Registered Family Home
    (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 ...
  • Texas Human Resources Code Section 42.060 - Carbon Monoxide Detectors
    (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 ...
  • Texas Human Resources Code Section 42.062 - Certain Employment Prohibited
    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 ...
  • Texas Human Resources Code Section 42.063 - Reporting Of Incidents And Violations
    (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. ...
  • Texas Human Resources Code Section 42.0705 - Range Of Penalties
    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, ...
  • Texas Human Resources Code Section 42.071 - Suspension, Evaluation, Or Probation Of License Or Registration
    (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 ...
  • Texas Human Resources Code Section 42.0715 - Costs Charged To Facility Or Family Home
    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 ...
  • Texas Human Resources Code Section 42.072 - License, Listing, Or Registration Denial, Suspension, Or Revocation
    (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 ...
  • Texas Human Resources Code Section 42.073 - Emergency Suspension And Closure 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 ...
  • Texas Human Resources Code Section 42.074 - Injunctive Relief
    (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 ...
  • Texas Human Resources Code Section 42.075 - Civil Penalty
    (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 ...
  • Texas Human Resources Code Section 42.076 - Criminal Penalties
    (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 ...
  • Texas Human Resources Code Section 42.077 - Notice Of Action Against Facility Or Family Home
    (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 ...
  • Texas Human Resources Code Section 42.078 - Administrative Penalty
    (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