HB194 - Relating to the establishment of faith-based child-care facilities.

  89R2353 MLH-F     By: Toth H.B. No. 194       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of faith-based child-care   facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. GENERAL PROVISIONS          SECTION 1.01.  This Act shall be known as the Faith-Based   Foster Care Enhancement Act.          SECTION 1.02.  The legislature finds that:                (1)  the number of foster youth in this state exceeds   the current capacity of state and private child-care facilities;                (2)  religious organizations have historically played   significant roles in community support and child welfare;                (3)  religious organizations can provide a nurturing,   stable environment for foster youth while leveraging community   resources;                (4)  a collaborative approach involving religious   organizations, mental health professionals, and community   resources can effectively meet the diverse needs of foster youth;   and                (5)  incorporating religious organizations into   child-care infrastructure will be beneficial to foster youth in   this state.   ARTICLE 2. FAITH-BASED CHILD-CARE FACILITIES          SECTION 2.01.  Chapter 42, Human Resources Code, is amended   by adding Subchapter I to read as follows:   SUBCHAPTER I. FAITH-BASED CHILD-CARE FACILITIES           Sec.   42.301.     DEFINITION. In this subchapter, "faith-based   child-care facility" means a child-care facility owned and operated   by a religious organization that provides care for children in the   conservatorship of the department for 24 hours a day.           Sec.   42.302.     ESTABLISHING FAITH-BASED CHILD-CARE   FACILITY.     (a)     A religious organization may establish and operate   a faith-based child-care facility as provided by this subchapter.           (b)     Before establishing a faith-based child-care facility,   a religious organization shall:                 (1)     develop a comprehensive plan to ensure the   well-being of foster youth cared for by the facility;                 (2)     develop a training program for facility employees   and volunteers who will provide care to foster youth at the   facility; and                 (3)     enter into a contract with a licensed mental   health services provider to provide mental and behavioral health   services to foster youth in the care of the facility.           (c)     A faith-based child-care facility established under   this subchapter must be overseen by a committee appointed by the   religious organization establishing the facility that includes:                 (1)  a leader of the religious organization;                 (2)     two active, participating members of the religious   organization;                 (3)  a licensed mental health professional;                 (4)  a person with experience in child welfare systems;                 (5)     a person from an organization that specializes in   child welfare; and                 (6)     an elected official serving in a municipal,   county, state, or federal office representing the community in   which the faith-based child-care facility is located.           (d)     A member of the committee appointed to fill a roll on   the committee described by Subsections (c)(1)-(6) may fill one   additional role described by Subsections (c)(3)-(6).           Sec.   42.303.     FAITH-FAMILY PROGRAMS.   (a)   A religious   organization that establishes a faith-based child-care facility   under this subchapter shall establish a faith-family program to:                 (1)     provide mentorship and support to foster youth at   the facility by building relationships and facilitating   mentorships with members of the religious organization who serve as   a faith-family for the foster youth; and                 (2)     encourage individuals serving as faith-family to   become foster or adoptive parents for foster youth at the facility.           (b)     A member of a religious organization participating in a   faith-family program may:                 (1)     host a foster youth in the member's home for   increasing periods of time in accordance with the religious   organization's plan under Section 42.302(b)(1); and                 (2)     travel with a foster youth in accordance with   applicable laws for a foster parent traveling with a foster youth.           (c)     The religious organization shall provide any training   required by this chapter or other law for an individual serving as   faith-family to become a foster or adoptive parent of a foster youth   at the facility.           Sec.   42.304.     MENTAL HEALTH SERVICES. A religious   organization that establishes a faith-based child-care facility   shall ensure that mental health services provided to foster youth   meet applicable standards of professional care.           Sec.   42.305.     FOSTER PLACEMENTS. (a)   The department shall   ensure the integration of faith-based child-care facilities into   the state's foster care system.           (b)     The department and child-placing agencies may place a   child in the care of a faith-based child-care facility established   under this subchapter.           Sec.   42.306.     APPLICABILITY OF OTHER LAW; OVERSIGHT.   (a)     Notwithstanding other law, a faith-based child-care facility is   exempt from:                 (1)  the licensing requirements of this chapter; and                 (2)     the rules and standards that apply to licensed   child-care facilities.           (b)     The department by rule shall adopt minimum standards for   faith-based child-care facilities that ensure each child's health,   safety, and welfare are adequately protected on the grounds of the   facility, including standards relating to fire safety and basic   cleanliness.   In adopting the standards under this section, the   department shall consider the unique operational frameworks of   religious organizations operating a faith-based child-care   facility.           (c)     The department shall periodically evaluate each   faith-based child-care facility to ensure the facility meets the   standards adopted under this section.           Sec.   42.307.     GRANTS FOR FAITH-BASED CHILD-CARE FACILITY.     (a)   Using available funds or private donations, the department   shall establish and administer a grant program to award grants to   religious organizations to establish a faith-based child-care   facility.           (b)     The commissioner shall adopt rules to implement the   grant program, including rules governing the submission and   approval of grant requests and the cancellation of grants.           (c)     The department may solicit and accept gifts, grants, and   donations for purposes of this section.   ARTICLE 3. CONFORMING CHANGES          SECTION 3.01.  Sections 42.041(b) and (d), Human Resources   Code, are amended to read as follows:          (b)  This section does not apply to:                (1)  a state-operated facility;                (2)  an agency foster home;                (3)  a facility that is operated in connection with a   shopping center, business, religious organization, or   establishment where children are cared for during short periods   while parents or persons responsible for the children are attending   religious services, shopping, or engaging in other activities,   including retreats or classes for religious instruction, on or near   the premises, that does not advertise as a child-care facility or   day-care center, and that informs parents that it is not licensed by   the state;                (4)  a school or class for religious instruction that   does not last longer than two weeks and is conducted by a religious   organization during the summer months;                (5)  a youth camp licensed by the Department of State   Health Services;                (6)  a facility licensed, operated, certified, or   registered by another state agency;                (7)  an educational facility that is accredited by the   Texas Education Agency, the Southern Association of Colleges and   Schools, or an accreditation body that is a member of the Texas   Private School Accreditation Commission and that operates   primarily for educational purposes for prekindergarten and above, a   before-school or after-school program operated directly by an   accredited educational facility, or a before-school or   after-school program operated by another entity under contract with   the educational facility, if the Texas Education Agency, the   Southern Association of Colleges and Schools, or the other   accreditation body, as applicable, has approved the curriculum   content of the before-school or after-school program operated under   the contract;                (8)  an educational facility that operates solely for   educational purposes for prekindergarten through at least grade   two, that does not provide custodial care for more than one hour   during the hours before or after the customary school day, and that   is a member of an organization that promulgates, publishes, and   requires compliance with health, safety, fire, and sanitation   standards equal to standards required by state, municipal, and   county codes;                (9)  a kindergarten or preschool educational program   that is operated as part of a public school or a private school   accredited by the Texas Education Agency, that offers educational   programs through grade six, and that does not provide custodial   care during the hours before or after the customary school day;                (10)  a family home, whether registered or listed;                (11)  an educational facility that is integral to and   inseparable from its sponsoring religious organization or an   educational facility both of which do not provide custodial care   for more than two hours maximum per day, and that offers an   educational program in one or more of the following:   prekindergarten through at least grade three, elementary grades, or   secondary grades;                (12)  an emergency shelter facility, other than a   facility that would otherwise require a license as a child-care   facility under this section, that provides shelter or care to a   minor and the minor's child or children, if any, under Section   32.201, Family Code, if the facility:                      (A)  is currently und [Text truncated for display. 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