SB2469 - Relating to the regulation of certain day-care centers.

  89R16345 MM-D     By: Menéndez S.B. No. 2469       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of certain day-care centers.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 42.0441, Human Resources Code, is   amended to read as follows:          Sec. 42.0441.  INSPECTION RESULTS FOR CERTAIN   NONRESIDENTIAL CHILD-CARE FACILITIES ; OPPORTUNITY TO CURE . (a)     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 of the   commission [ department ] shall review the results of the monitoring   inspection with a representative of the facility and give the   facility an opportunity to respond to the inspection results.           (b)     The authorized representative of the commission shall   provide a day-care center, group day-care home, or family home an   opportunity to immediately cure a violation of a minimum standard   that does not pose a risk to a child's safety. If the center or home   immediately cures the violation, the authorized representative may   not include the violation in the inspection results or report.          SECTION 2.  Subchapter C, Chapter 42, Human Resources Code,   is amended by adding Section 42.04426 to read as follows:           Sec.   42.04426.     REGISTRY OF DAY-CARE VIOLATIONS; VIOLATION   NOTICE, APPEAL, AND JUDICIAL REVIEW. (a) The commission shall   establish a registry of day-care violations. If the commission   determines an employee of a day-care center, group day-care home,   or family home is responsible for a violation, the commission shall   record in the registry:                 (1)     the employee's name, address, and social security   number;                 (2)     the name and address of the center or home where   the violation occurred;                 (3)  the date the violation occurred; and                 (4)  a description of the violation.           (b)     The commission shall give written notice of the   commission's determination of a violation occurring at a day-care   center, group day-care home, or family home to any employee of the   center or home who is responsible for the violation.           (c)  The notice must include:                 (1)  a brief summary of the commission's determination;                 (2)     a statement of the employee's right to a hearing on   the commission's determination; and                 (3)     a statement notifying the employee that if the   employee fails to timely respond to the notice, the commission's   determination of the employee's responsibility for the violation   will be recorded in the commission's registry of day-care   violations.             (d)     Not later than the 30th day after the date the notice is   received, the employee notified may accept the commission's   determination or may submit a written request to the commission for   a hearing on that determination.           (e)     If the employee notified of the violation accepts the   commission's determination or fails to timely respond to the   notice, the commission shall add the determination to the   commission's registry of day-care violations.           (f)     If the employee requests a hearing, the commission   shall:                 (1)  set a date for a hearing;                 (2)     give written notice of the hearing date to the   employee; and                 (3)     designate an administrative law judge to conduct   the hearing.           (g)     The administrative law judge shall make findings of fact   and conclusions of law and shall promptly issue a decision   regarding the occurrence of the violation.           (h)     The administrative law judge shall give notice of the   decision to the employee allegedly responsible for the violation.   The notice must include:                 (1)     separate statements of the findings of fact and   conclusions of law;                 (2)     a statement of the employee's right to judicial   review of the decision; and                 (3)     a statement that the violation will be recorded in   the commission's registry of day-care violations if:                       (A)     the employee does not request judicial review   of the decision; or                       (B)  the decision is sustained by the court.           (i)     Not later than the 30th day after the date the employee   receives notice of the administrative law judge's decision, the   employee may file a petition for judicial review contesting the   decision. If the employee does not request judicial review of the   decision, the commission shall record the violation in the   commission's registry of day-care violations.           (j)  Judicial review of the decision:                 (1)     is instituted by filing a petition as provided by   Subchapter G, Chapter 2001, Government Code; and                 (2)  is under the substantial evidence rule.           (k)     If the court sustains the administrative law judge's   decision on the occurrence of the violation, the commission shall   record the violation in the commission's registry of day-care   violations.           (l)     The commission shall make the commission's registry of   day-care violations available to a day-care center, group day-care   home, or family home.          SECTION 3.  Section 42.0704, Human Resources Code, is   amended by adding Subsection (e) to read as follows:           (e)     The enforcement policy must include a process to appeal   a commission determination of a violation of this chapter or a   commission rule by a day-care center, group day-care home, or   family home. The center or home may request a hearing before an   administrative law judge of the State Office of Administrative   Hearings on the issue of whether the center or home committed the   violation. If the administrative law judge finds no violation   occurred:                 (1)     the administrative law judge shall order the   commission to remove the violation from the center's or home's   record; and                 (2)     the commission shall remove the violation from the   record not later than the 10th business day after the date the order   is issued.            SECTION 4.  (a)  The Health and Human Services Commission   shall study the violations the commission found at each licensed   day-care center, licensed group day-care home, or registered family   home during the preceding ten years to determine the ten licensing   standards most frequently violated. The commission shall:                (1)  determine whether the violations pose a risk to   the health or safety of children at a center or home; and                (2)  provide educational materials to centers and homes   regarding:                      (A)  the importance of following the identified   licensing standards; and                      (B)  ways to cure and prevent the identified   violations.          (b)  The Health and Human Services Commission may form a work   group consisting of commission employees, child-care providers,   community stakeholders, child-care workers, and parents of   children attending a day-care center or family home to perform the   study required by Subsection (a) of this section.          (c)  The Health and Human Services Commission shall complete   the study required by Subsection (a) of this section and submit a   report on the study results to the legislature not later than   September 1, 2026.          (d)  This section expires September 1, 2027.          SECTION 5.  This Act takes effect September 1, 2025.