Sec. 42.0461. PUBLIC NOTICE AND HEARING IN CERTAIN COUNTIES: RESIDENTIAL CHILD CARE. (a) Before the department may issue a license or certificate for the operation or the expansion of the capacity of a foster group home or foster family home that is located in a county with a population of less than 300,000 and that provides child care for 24 hours a day at a location other than the actual residence of a child's primary caretaker or of a general residential operation, the applicant for the license, certificate, or expansion shall, at the applicant's expense:
(1) conduct a public hearing on the application in accordance with department rules after notifying the department of the date, time, and location of the hearing; and
(2) publish notice of the application in a newspaper of general circulation in the community in which the child-care services are proposed to be provided.
(b) The notice required by Subsection (a)(2) must be published at least 10 days before the date of the public hearing required by Subsection (a)(1) and must include:
(1) the name and address of the applicant;
(2) the address at which the child-care services are proposed to be provided;
(3) the date, time, and location of the public hearing;
(4) the name, address, and telephone number of the department as the licensing authority; and
(5) a statement informing the public that a person may submit written comments to the department concerning the application instead of or in addition to appearing at the public hearing.
(c) The department shall require a representative of the department to attend the public hearing in an official capacity for the purpose of receiving public comments on the application.
(d) Before issuing a license or certificate described by Subsection (a), the department shall consider:
(1) the amount of local resources available to support children proposed to be served by the applicant;
(2) the impact of the proposed child-care services on the ratio in the local school district of students enrolled in a special education program to students enrolled in a regular education program and the effect, if any, on the children proposed to be served by the applicant; and
(3) the impact of the proposed child-care services on the community and the effect on opportunities for social interaction for the children proposed to be served by the applicant.
(e) The department may deny the application if the department determines that:
(1) the community has insufficient resources to support children proposed to be served by the applicant;
(2) granting the application would significantly increase the ratio in the local school district of students enrolled in a special education program to students enrolled in a regular education program and the increase would adversely affect the children proposed to be served by the applicant; or
(3) granting the application would have a significant adverse impact on the community and would limit opportunities for social interaction for the children proposed to be served by the applicant.
(f) A child-placing agency that proposes to verify an agency foster home or agency foster group home that is located in a county with a population of less than 300,000 that provides child care for 24 hours a day at a location other than the actual residence of a child's primary caretaker shall:
(1) comply with the notice and hearing requirements imposed by Subsections (a) and (b); and
(2) after conducting the required public hearing, provide the department with information relating to the considerations specified in Subsection (d).
(g) The department may prohibit the child-placing agency from verifying the proposed agency foster home or agency foster group home on the same grounds that the department may deny an application under Subsection (e). The department may invalidate the verification of an agency foster home or agency foster group home that was not verified using the procedures required by Subsection (f) on or after September 1, 1997.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 31, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.100, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 34, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 10, eff. September 1, 2009.
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