HB174 - Relating to the regulation of child-care facilities and registered family homes, including the provision of services to children with disabilities or special needs.

  89R1020 MLH-D     By: González of El Paso H.B. No. 174       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of child-care facilities and registered   family homes, including the provision of services to children with   disabilities or special needs.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 42.042, Human Resources Code, is amended   by amending Subsection (e) and adding Subsections (e-6) and (e-7)   to read as follows:          (e)  The executive commissioner shall promulgate minimum   standards that apply to licensed child-care facilities and to   registered family homes covered by this chapter and that will:                (1)  promote the health, safety, and welfare of   children attending a facility or registered family home;                (2)  promote safe, comfortable, and healthy physical   facilities and registered family homes for children;                (3)  ensure adequate supervision of children by   capable, qualified, and healthy personnel;                (4)  ensure adequate and healthy food service where   food service is offered;                (5)   except as provided by Subsection (e-6), prohibit   [ racial ] discrimination based on race or disability status by   child-care facilities and registered family homes;                (6)  require procedures for parental and guardian   consultation in the formulation of children's educational and   therapeutic programs;                (7)  prevent the breakdown of foster care and adoptive   placement;                (8)  ensure that a child-care facility or registered   family home:                      (A)  follows the directions of a child's physician   or other health care provider in providing specialized medical   assistance required by the child; and                      (B)  maintains for a reasonable time a copy of any   directions from the physician or provider that the parent provides   to the facility or home; and                (9)  ensure that a child's health, safety, and welfare   are adequately protected on the grounds of a child-care facility or   registered family home.           (e-6)     A day-care center, group day-care home, or registered   family home may deny services to a child with a disability only if,   after meeting with the child and family, the center or home   determines under the Americans with Disabilities Act of 1990 (42   U.S.C. Section 12101 et seq.) that accommodating the child would:                 (1)     pose an undue burden on the center or home as   defined by 28 C.F.R. Section 36.104;                 (2)     pose a direct threat to the health or safety of   other people at the center or home as provided by 28 C.F.R. Section   36.208;                 (3)     require modifications in policies, practices, or   procedures that would fundamentally alter the nature of the center   or home as provided by 28 C.F.R. Section 36.302; or                 (4)     pose a difficulty on or expense to the center or   home to remove architectural barriers to accommodate the child as   provided by 28 C.F.R. Section 36.304.           (e-7)     The minimum standards for a day-care center, group   day-care home, or registered family home adopted under this section   must require the center or home to:                 (1)     promote inclusive practices and integrate   children with special needs into the general activities of the   center or home; and                 (2)     allow   certified childhood intervention service   providers to have access to children who are clients attending the   center or home to provide services in accordance with an   individualized family service plan while the child is integrated in   an educational or instructional area of the center or home.          SECTION 2.  Section 42.045(a), Human Resources Code, is   amended to read as follows:          (a)  A person who operates a licensed or certified facility   shall maintain individual child development records, individual   health records, records provided by parents for children with   special needs, statistical records, and complete financial   records.          SECTION 3.  Subchapter C, Chapter 42, Human Resources Code,   is amended by adding Section 42.069 to read as follows:           Sec.   42.069.     REQUIRED INFORMATION FOR PARENTS. A day-care   center, group day-care home, or registered family home shall   provide written disclosure to a parent or guardian of each child   attending the center or home that includes:                 (1)     a copy of the commission's Early Childhood   Intervention Developmental Checklist and any information available   through the commission on accessing early childhood intervention in   the area served by the center or home under Part C, Individuals with   Disabilities Education Act (20 U.S.C. Section 1431 et seq.); and                 (2)     the center's or home's policies on providing care   to children with disabilities.          SECTION 4.  As soon as practicable after the effective date   of this Act, the executive commissioner of the Health and Human   Services Commission shall adopt the rules necessary to implement   the changes in law made by this Act.          SECTION 5.  This Act takes effect September 1, 2025.