HB5452 - Relating to the establishment of a crisis nursery facility pilot program by the Health and Human Services Commission.

  89R9420 MM-D     By: Garcia of Bexar H.B. No. 5452       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of a crisis nursery facility pilot   program by the Health and Human Services Commission.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 42, Human Resources Code,   is amended by adding Section 42.0464 to read as follows:           Sec.   42.0464.     CRISIS NURSERY FACILITY PILOT PROGRAM. (a)   In this section:                 (1)     "Crisis nursery facility" means a child-care   facility that provides care and supervision for children who are   voluntarily placed for temporary care for all or part of the 24-hour   day by a parent or legal guardian to prevent or help resolve a   family crisis or stressful situation or address a problem whose   solution is critical to the family's healthy functioning.                 (2)     "Program" means the crisis nursery facility pilot   program established under this chapter.           (b)     The commission shall establish and administer the   crisis nursery facility pilot program in Bexar County to address   the need for temporary care for children and improve outcomes for   families experiencing a crisis or a stressful situation, including   escaping domestic violence.           (c)  Under the program, the commission shall:                 (1)     establish child-care licensing regulations and   requirements for crisis nursery facilities; and                 (2)     provide grants to eligible municipalities or   nonprofit organizations located in or otherwise serving Bexar   County to establish crisis nursery facilities.           (d)     The commission shall establish application criteria and   requirements for the acceptable use of money under the program.   The   application criteria must require applicants to:                 (1)     demonstrate substantial need for emergency child   care or a high rate of child removal by the department in the   municipality or local area served by the applicant;                 (2)     demonstrate capacity to meet child-care licensing   regulations and requirements established by the commission;                 (3)     provide a detailed plan for the establishment of a   crisis nursery facility under the program that includes:                       (A)     details regarding the proposed use of money   received under the program;                       (B)     information regarding any matching funds or   funds available to the applicant from gifts, grants, and donations   other than grants under the program;                       (C)     the age groups of children the applicant   proposes to serve; and                       (D)  the proposed location of the facility; and                 (4)     provide a plan for connecting families who use the   facility with additional services designed to prevent future family   crises.           (e)     The executive commissioner shall adopt rules regarding   the regulation of crisis nursery facilities. The rules must:                 (1)  specify:                       (A)     the child-care licensing regulations that   apply to a facility;                       (B)     requirements for ensuring the safety and   well-being of children in the care of the facility, including   requirements regarding:                             (i)  food preparation;                             (ii)  sleeping arrangements;                             (iii)     safe drop-off and pick-up procedures;   and                             (iv)  staff-to-child ratios;                       (C)     requirements for background checks for   facility employees and conduct that prevents an individual from   being eligible to be employed by a facility;                       (D)     the capacity of a facility based on the size   of the facility and the children's needs; and                       (E)     the information that must be collected by the   facility and submitted to the commission at the request of the   commission, including deidentified information regarding:                             (i)     the number of children served by the   facility;                             (ii)     the average age of children served by   the facility;                             (iii)     the average length of stay for   children served by the facility;                             (iv)     any services with which the facility   connects families served by the facility;                             (v)     the reasons given for the use of the   facility; and                             (vi)     any other information the executive   commissioner considers necessary to evaluate the program;                 (2)     require that a child may not spend more than 72   consecutive hours at a crisis nursery facility;                 (3)     allow complaints against a facility to be filed   with the commission; and                 (4)     require the commission to regularly inspect a   facility, including each time a complaint is filed against the   facility.           (f)     Not later than October 1, 2028, the commission shall   prepare and submit to the governor, lieutenant governor, speaker of   the house of representatives, and standing committee of each house   of the legislature with primary jurisdiction over the commission a   report on:                 (1)  an evaluation of the program's effectiveness; and                 (2)     recommendations for legislative or other action,   including a recommendation on whether to continue, expand, or   terminate the program.           (g)     The executive commissioner may adopt rules necessary to   implement this section.           (h)  This section expires September 1, 2029.          SECTION 2.  As soon as practicable after the effective date   of this Act, the Health and Human Services Commission shall   establish the pilot program required under Section 42.0464, Human   Resources Code, as added by this Act.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.