85R9021 MCK-F
	By: Klick	H.B. No. 4093

	A BILL TO BE ENTITLED
	AN ACT
	relating to the licensing of certain facilities, homes, and
	agencies that provide child-care services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 109.331(d), Alcoholic Beverage Code, is
	amended to read as follows:
	(d)  This section does not apply to a [foster group home,
	foster family home,] family home, specialized child-care [agency
	group] home, or agency foster home as those terms are defined by
	Section 42.002, Human Resources Code.
	SECTION 2.  Article 5.04(a-1), Code of Criminal Procedure,
	is amended to read as follows:
	(a-1)  A peace officer who investigates a family violence
	allegation or who responds to a disturbance call that may involve
	family violence shall determine whether the address of the persons
	involved in the allegation or call matches the address of a current
	licensed specialized child-care [foster] home or verified agency
	foster home listed in the Texas Crime Information Center.
	SECTION 3.  Articles 5.05(a-1) and (b), Code of Criminal
	Procedure, are amended to read as follows:
	(a-1)  In addition to the written report required under
	Subsection (a), a peace officer who investigates a family violence
	incident or who responds to a disturbance call that may involve
	family violence shall make a report to the Department of Family and
	Protective Services if the location of the incident or call, or the
	known address of a person involved in the incident or call, matches
	the address of a current licensed specialized child-care [foster]
	home or a verified agency foster home as listed in the Texas Crime
	Information Center.  The report under this subsection may be made
	orally or electronically and must:
	(1)  include the information required by Subsection
	(a); and
	(2)  be filed with the Department of Family and
	Protective Services within 24 hours of the beginning of the
	investigation or receipt of the disturbance call.
	(b)  Each local law enforcement agency shall establish a
	departmental code for identifying and retrieving family violence
	reports as outlined in Subsection (a) of this article [section].  A
	district or county attorney or an assistant district or county
	attorney exercising authority in the county where the law
	enforcement agency maintains records under this article [section]
	is entitled to access to the records.  The Department of Family and
	Protective Services is entitled to access the records relating to
	any person who is 14 years of age or older and who resides in a
	licensed specialized child-care [foster] home or a verified agency
	foster home.
	SECTION 4.  Section 29.081(d), Education Code, is amended to
	read as follows:
	(d)  For purposes of this section, "student at risk of
	dropping out of school" includes each student who is under 26 years
	of age and who:
	(1)  was not advanced from one grade level to the next
	for one or more school years;
	(2)  if the student is in grade 7, 8, 9, 10, 11, or 12,
	did not maintain an average equivalent to 70 on a scale of 100 in two
	or more subjects in the foundation curriculum during a semester in
	the preceding or current school year or is not maintaining such an
	average in two or more subjects in the foundation curriculum in the
	current semester;
	(3)  did not perform satisfactorily on an assessment
	instrument administered to the student under Subchapter B, Chapter
	39, and who has not in the previous or current school year
	subsequently performed on that instrument or another appropriate
	instrument at a level equal to at least 110 percent of the level of
	satisfactory performance on that instrument;
	(4)  if the student is in prekindergarten,
	kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
	a readiness test or assessment instrument administered during the
	current school year;
	(5)  is pregnant or is a parent;
	(6)  has been placed in an alternative education
	program in accordance with Section 37.006 during the preceding or
	current school year;
	(7)  has been expelled in accordance with Section
	37.007 during the preceding or current school year;
	(8)  is currently on parole, probation, deferred
	prosecution, or other conditional release;
	(9)  was previously reported through the Public
	Education Information Management System (PEIMS) to have dropped out
	of school;
	(10)  is a student of limited English proficiency, as
	defined by Section 29.052;
	(11)  is in the custody or care of the Department of
	Family and Protective [and Regulatory] Services or has, during the
	current school year, been referred to the department by a school
	official, officer of the juvenile court, or law enforcement
	official;
	(12)  is homeless, as defined by 42 U.S.C. Section
	11302, and its subsequent amendments; or
	(13)  resided in the preceding school year or resides
	in the current school year in a residential placement facility in
	the district, including a detention facility, substance abuse
	treatment facility, emergency shelter, psychiatric hospital,
	halfway house, or general residential operation [foster group
	home].
	SECTION 5.  Section 30.083(a), Education Code, is amended to
	read as follows:
	(a)  The director of services shall develop and administer a
	comprehensive statewide plan for educational services for students
	who are deaf or hard of hearing, including continuing diagnosis and
	evaluation, counseling, and teaching. The plan shall be designed
	to accomplish the following objectives:
	(1)  providing assistance and counseling to parents of
	students who are deaf or hard of hearing in regional day school
	programs for the deaf and admitting to the programs students who
	have a hearing loss that interferes with the processing of
	linguistic information;
	(2)  enabling students who are deaf or hard of hearing
	to reside with their parents or guardians and be provided an
	appropriate education in their home school districts or in regional
	day school programs for the deaf;
	(3)  enabling students who are deaf or hard of hearing
	who are unable to attend schools at their place of residence and
	whose parents or guardians live too far from facilities of regional
	day school programs for the deaf for daily commuting to be
	accommodated in specialized child-care [foster] homes or other
	residential school facilities provided for by the agency so that
	those children may attend a regional day school program for the
	deaf;
	(4)  enrolling in the Texas School for the Deaf those
	students who are deaf or hard of hearing whose needs can best be met
	in that school and designating the Texas School for the Deaf as the
	statewide educational resource for students who are deaf or hard of
	hearing;
	(5)  encouraging students in regional day school
	programs for the deaf to attend general education classes on a
	part-time, full-time, or trial basis; and
	(6)  recognizing the need for development of language
	and communications abilities in students who are deaf or hard of
	hearing, but also calling for the use of methods of communication
	that will meet the needs of each individual student, with each
	student assessed thoroughly so as to ascertain the student's
	potential for communications through a variety of means, including
	through oral or aural means, fingerspelling, or sign language.
	SECTION 6.  Section 54.04(d), Family Code, is amended to
	read as follows:
	(d)  If the court or jury makes the finding specified in
	Subsection (c) allowing the court to make a disposition in the case:
	(1)  the court or jury may, in addition to any order
	required or authorized under Section 54.041 or 54.042, place the
	child on probation on such reasonable and lawful terms as the court
	may determine:
	(A)  in the child's own home or in the custody of a
	relative or other fit person; or
	(B)  subject to the finding under Subsection (c)
	on the placement of the child outside the child's home, in:
	(i)  a suitable specialized child-care
	[foster] home, as defined by Section 42.002, Human Resources Code;
	(ii)  a suitable public or private
	residential treatment facility licensed by a state governmental
	entity or exempted from licensure by state law, except a facility
	operated by the Texas Juvenile Justice Department; or
	(iii)  a suitable public or private
	post-adjudication secure correctional facility that meets the
	requirements of Section 51.125, except a facility operated by the
	Texas Juvenile Justice Department;
	(2)  if the court or jury found at the conclusion of the
	adjudication hearing that the child engaged in delinquent conduct
	that violates a penal law of this state or the United States of the
	grade of felony, the court or jury made a special commitment finding
	under Section 54.04013, and the petition was not approved by the
	grand jury under Section 53.045, the court may commit the child to
	the Texas Juvenile Justice Department under Section 54.04013, or a
	post-adjudication secure correctional facility under Section
	54.04011(c)(1), as applicable, without a determinate sentence;
	(3)  if the court or jury found at the conclusion of the
	adjudication hearing that the child engaged in delinquent conduct
	that included a violation of a penal law listed in Section 53.045(a)
	and if the petition was approved by the grand jury under Section
	53.045, the court or jury may sentence the child to commitment in
	the Texas Juvenile Justice Department or a post-adjudication secure
	correctional facility under Section 54.04011(c)(2) with a possible
	transfer to the Texas Department of Criminal Justice for a term of:
	(A)  not more than 40 years if the conduct
	constitutes:
	(i)  a capital felony;
	(ii)  a felony of the first degree; or
	(iii)  an aggravated controlled substance
	felony;
	(B)  not more than 20 years if the conduct
	constitutes a felony of the second degree; or
	(C)  not more than 10 years if the conduct
	constitutes a felony of the third degree;
	(4)  the court may assign the child an appropriate
	sanction level and sanctions as provided by the assignment
	guidelines in Section 59.003;
	(5)  the court may place the child in a suitable
	nonsecure correctional facility that is registered and meets the
	applicable standards for the facility as provided by Section
	51.126; or
	(6)  if applicable, the court or jury may make a
	disposition under Subsection (m) or Section 54.04011(c)(2)(A).
	SECTION 7.  Section 101.0133, Family Code, is amended to
	read as follows:
	Sec. 101.0133.  FOSTER CARE.  "Foster care" means the
	placement of a child who is in the conservatorship of the Department
	of Family and Protective Services and in care outside the child's
	home in an [agency foster group home,] agency foster home,
	specialized child-care [foster group] home, foster family
	operation, general residential operation [home], or another
	facility licensed or certified under Chapter 42, Human Resources
	Code, in which care is provided for 24 hours a day.
	SECTION 8.  Section 101.017, Family Code, is amended to read
	as follows:
	Sec. 101.017.  LICENSED CHILD PLACING AGENCY.  "Licensed
	child placing agency" means a person, including an organization or
	corporation, licensed or certified under Chapter 42, Human
	Resources Code, by the Department of Family and Protective Services
	to place a child in a child-care facility, agency foster home,
	general residential operation [agency foster group home], or
	adoptive home.
	SECTION 9.  Section 162.0062(b), Family Code, is amended to
	read as follows:
	(b)  The records described by Subsection (a) must include any
	records relating to an investigation of abuse in which the child was
	an alleged or confirmed victim of sexual abuse while residing in a
	specialized child-care [foster] home or other residential
	child-care facility.  If the licensed child-placing agency or other
	person placing the child for adoption does not have the information
	required by this subsection, the department, at the request of the
	licensed child-placing agency or other person placing the child for
	adoption, shall provide the information to the prospective adoptive
	parents of the child.
	SECTION 10.  Section 262.011, Family Code, as added by
	Chapter 338 (H.B. 418), Acts of the 84th Legislature, Regular
	Session, 2015, is amended to read as follows:
	Sec. 262.011.  PLACEMENT IN SECURE AGENCY FOSTER HOME [OR
	SECURE AGENCY FOSTER GROUP HOME].  A court in an emergency, initial,
	or full adversary hearing conducted under this chapter may order
	that the child who is the subject of the hearing be placed in a
	secure agency foster home [or secure agency foster group home]
	verified in accordance with Section 42.0531, Human Resources Code,
	if the court finds that:
	(1)  the placement is in the best interest of the child;
	and
	(2)  the child's physical health or safety is in danger
	because the child has been recruited, harbored, transported,
	provided, or obtained for forced labor or commercial sexual
	activity, including any child subjected to an act specified in
	Section 20A.02 or 20A.03, Penal Code.
	SECTION 11.  Section 263.008(a)(1), Family Code, is amended
	to read as follows:
	(1)  "Agency foster [group] home[,]" and ["agency
	foster home,"] "facility[,]" ["foster group home," and "foster
	home"] have the meanings assigned by Section 42.002, Human
	Resources Code.
	SECTION 12.  Section 263.008(e), Family Code, is amended to
	read as follows:
	(e)  A specialized child-care [An agency foster group] home,
	agency foster home[, foster group home, foster home], or other
	facility in which a child is placed in foster care shall provide a
	copy of the foster children's bill of rights to a child on the
	child's request. The foster children's bill of rights must be
	printed in English and in a second language.
	SECTION 13.  Section 264.0111(a), Family Code, is amended to
	read as follows:
	(a)  A child for whom the department has been appointed
	managing conservator and who has been placed by the department in a
	residential [foster home or] child-care facility [institution] as
	defined by Chapter 42, Human Resources Code, is entitled to keep any
	money earned by the child during the time of the child's placement.
	SECTION 14.  Section 264.101(a), Family Code, is amended to
	read as follows:
	(a)  The department may pay the cost of foster care for a
	child only if:
	(1)  the child has been placed by the department in a
	[foster home or other] residential child-care facility, as defined
	by Chapter 42, Human Resources Code, or in a comparable residential
	facility in another state; and
	(2)  the department:
	(A)  has initiated suit and been named conservator
	of the child; or
	(B)  has the duty of care, control, and custody
	after taking possession of the child in an emergency without a prior
	court order as authorized by this subtitle.
	SECTION 15.  Sections 264.751(1) and (3), Family Code, are
	amended to read as follows:
	(1)  "Designated caregiver" means an individual who has
	a longstanding and significant relationship with a child for whom
	the department has been appointed managing conservator and who:
	(A)  is appointed to provide substitute care for
	the child, but is not licensed by the department or verified by a
	licensed child-placing agency or the department to operate a
	specialized child-care [foster home, foster group] home or[,]
	agency foster home[, or agency foster group home] under Chapter 42,
	Human Resources Code; or
	(B)  is subsequently appointed permanent managing
	conservator of the child after providing the care described by
	Paragraph (A).
	(3)  "Relative caregiver" means a relative who:
	(A)  provides substitute care for a child for whom
	the department has been appointed managing conservator, but who is
	not licensed by the department or verified by a licensed
	child-placing agency or the department to operate a specialized
	child-care [foster] home, general residential operation [foster
	group home], agency foster home, or foster family operation [agency
	foster group home] under Chapter 42, Human Resources Code; or
	(B)  is subsequently appointed permanent managing
	conservator of the child after providing the care described by
	Paragraph (A).
	SECTION 16.  Section 264.760, Family Code, is amended to
	read as follows:
	Sec. 264.760.  ELIGIBILITY FOR FOSTER CARE PAYMENTS AND
	PERMANENCY CARE ASSISTANCE. Notwithstanding any other provision of
	this subchapter, a relative or other designated caregiver who
	becomes licensed by the department or verified by a licensed
	child-placing agency or the department to operate a specialized
	child-care [foster] home or [, foster group home,] agency foster
	home[, or agency foster group home] under Chapter 42, Human
	Resources Code, may receive foster care payments in lieu of the
	benefits provided by this subchapter, beginning with the first
	month in which the relative or other designated caregiver becomes
	licensed or is verified.
	SECTION 17.  Section 264.8521, Family Code, is amended to
	read as follows:
	Sec. 264.8521.  NOTICE TO APPLICANTS. At the time a person
	applies to become licensed by the department or verified by a
	licensed child-placing agency or the department to provide foster
	care in order to qualify for the permanency care assistance
	program, the department or the child-placing agency shall:
	(1)  notify the applicant that a background check,
	including a criminal history record check, will be conducted on the
	individual; and
	(2)  inform the applicant about criminal convictions
	that:
	(A)  preclude an individual from becoming a
	licensed specialized child-care [foster] home or verified agency
	foster home; and
	(B)  may also be considered in evaluating the
	individual's application.
	SECTION 18.  Section 531.151(3), Government Code, is amended
	to read as follows:
	(3)  "Institution" means:
	(A)  an ICF-IID, as defined by Section 531.002,
	Health and Safety Code;
	(B)  a group home operated under the authority of
	the Health and Human Services Commission [Department of Aging and
	Disability Services], including a residential service provider
	under a Medicaid waiver program authorized under Section 1915(c) of
	the federal Social Security Act (42 U.S.C. Section 1396n), as
	amended, that provides services at a residence other than the
	child's home or a specialized child-care facility or agency foster
	home;
	(C)  [a foster group home or an agency foster
	group home as defined by Section 42.002, Human Resources Code;
	[(D)]  a nursing facility;
	(D) [(E)]  a general residential operation for
	children with an intellectual disability that is licensed by the
	Department of Family and Protective Services; or
	(E) [(F)]  another residential arrangement [other
	than a foster home as defined by Section 42.002, Human Resources
	Code,] that provides care to four or more children who are unrelated
	to each other.
	SECTION 19.  Section 31.002(b), Human Resources Code, is
	amended to read as follows:
	(b)  In this chapter, the term "dependent child" also applies
	to a child:
	(1)  who meets the specifications set forth in
	Subsections (a)(1)-(4);
	(2)  who has been removed from the home of a relative
	specified in Subsection (a)(5) as a result of a judicial
	determination that the child's residence there is contrary to his
	or her welfare;
	(3)  whose placement and care are the responsibility of
	the Department of Family and Protective Services or an agency with
	which the Department of Family and Protective Services has entered
	into an agreement for the care and supervision of the child;
	(4)  who has been placed in a residential [foster home
	or] child-care facility [institution] by the Department of Family
	and Protective Services; and
	(5)  for whom the state may receive federal funds for
	the purpose of providing foster care in accordance with rules
	promulgated by the executive commissioner.
	SECTION 20.  Section 31.008(d), Human Resources Code, is
	amended to read as follows:
	(d)  The commission may make payments on behalf of a
	dependent child residing in a residential [foster family home or a]
	child-care facility [institution] in accordance with the
	provisions of this chapter and commission rules.
	SECTION 21.  Section 42.002, Human Resources Code, is
	amended by amending Subdivisions (4), (5), (6), (10), (12), (13),
	and (19) and adding Subdivisions (24) and (25) to read as follows:
	(4)  "General residential operation" means a
	child-care facility that provides care for seven or more [than 12]
	children for 24 hours a day, including facilities known as
	[children's homes, halfway houses,] residential treatment
	centers[,] and emergency shelters[, and therapeutic camps].
	(5)  "Continuum-of-care residential operation" means a
	group of residential child-care facilities that operate under the
	same license or certification to provide a continuum of services to
	children ["Foster group home" means a child-care facility that
	provides care for 7 to 12 children for 24 hours a day].
	(6)  "Foster family operation" means cottage family
	homes that:
	(A)  are identified on the operation's license;
	(B)  share a child-care administrator who is
	responsible for oversight for all homes within the operation; and
	(C)  are all in or near the same location as
	defined by department rule [home" means a child-care facility that
	provides care for not more than six children for 24 hours a day].
	(10)  "Cottage family home" means a family residential
	setting with one or more homes operating under the license of a
	foster family operation and in which:
	(A)  each home has at least one houseparent who
	lives at the home while children are in care; and
	(B)  based on the size of the home and the
	children's needs, each home cares for not more than six children
	["Agency foster group home" means a facility that provides care for
	seven to 12 children for 24 hours a day, is used only by a licensed
	child-placing agency, and meets department standards].
	(12)  "Child-placing agency" means a person, including
	an organization, other than the natural parents or guardian of a
	child who plans for the placement of or places a child in a
	child-care facility, agency foster home, [agency foster group
	home,] or adoptive home.
	(13)  "Facilities" includes child-care facilities,
	[and] child-placing agencies, and continuum-of-care residential
	operations.
	(19)  "Residential child-care facility" means a
	facility licensed or certified by the department that operates for
	all of the 24-hour day. The term includes general residential
	operations, child-placing agencies, specialized child-care [foster
	group] homes, foster family operations [homes], continuum-of-care
	residential operations [agency foster group homes], and agency
	foster homes.
	(24)  "Specialized child-care home" means a child-care
	facility that:
	(A)  based on the size of the home and the
	children's needs, provides care for not more than six children for
	24 hours a day; and
	(B)  has a director and has at least one
	houseparent who lives at the home while children are in care.
	(25)  "Family residential setting" means a setting that
	is the least restrictive and most family-like for children in
	foster care. The term includes agency foster homes, cottage family
	homes, and specialized child-care homes.
	SECTION 22.  Section 42.041(b), Human Resources Code, is
	amended to read as follows:
	(b)  This section does not apply to:
	(1)  a state-operated facility;
	(2)  an agency foster home [or agency foster group
	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 under a contract with a state or
	federal agency; or
	(B)  meets the requirements listed under Section
	51.005(b)(3);
	(13)  a juvenile detention facility certified under
	Section 51.12, Family Code, a juvenile correctional facility
	certified under Section 51.125, Family Code, a juvenile facility
	providing services solely for the Texas Juvenile Justice
	Department, or any other correctional facility for children
	operated or regulated by another state agency or by a political
	subdivision of the state;
	(14)  an elementary-age (ages 5-13) recreation program
	operated by a municipality provided the governing body of the
	municipality annually adopts standards of care by ordinance after a
	public hearing for such programs, that such standards are provided
	to the parents of each program participant, and that the ordinances
	shall include, at a minimum, staffing ratios, minimum staff
	qualifications, minimum facility, health, and safety standards,
	and mechanisms for monitoring and enforcing the adopted local
	standards; and further provided that parents be informed that the
	program is not licensed by the state and the program may not be
	advertised as a child-care facility;
	(15)  an annual youth camp held in a municipality with a
	population of more than 1.5 million that operates for not more than
	three months and that has been operated for at least 10 years by a
	nonprofit organization that provides care for the homeless;
	(16)  a food distribution program that:
	(A)  serves an evening meal to children two years
	of age or older; and
	(B)  is operated by a nonprofit food bank in a
	nonprofit, religious, or educational facility for not more than two
	hours a day on regular business days;
	(17)  a child-care facility that operates for less than
	three consecutive weeks and less than 40 days in a period of 12
	months;
	(18)  a program:
	(A)  in which a child receives direct instruction
	in a single skill, talent, ability, expertise, or proficiency;
	(B)  that does not provide services or offerings
	that are not directly related to the single talent, ability,
	expertise, or proficiency;
	(C)  that does not advertise or otherwise
	represent that the program is a child-care facility, day-care
	center, or licensed before-school or after-school program or that
	the program offers child-care services;
	(D)  that informs the parent or guardian:
	(i)  that the program is not licensed by the
	state; and
	(ii)  about the physical risks a child may
	face while participating in the program; and
	(E)  that conducts background checks for all
	program employees and volunteers who work with children in the
	program using information that is obtained from the Department of
	Public Safety;
	(19)  an elementary-age (ages 5-13) recreation program
	that:
	(A)  adopts standards of care, including
	standards relating to staff ratios, staff training, health, and
	safety;
	(B)  provides a mechanism for monitoring and
	enforcing the standards and receiving complaints from parents of
	enrolled children;
	(C)  does not advertise as or otherwise represent
	the program as a child-care facility, day-care center, or licensed
	before-school or after-school program or that the program offers
	child-care services;
	(D)  informs parents that the program is not
	licensed by the state;
	(E)  is organized as a nonprofit organization or
	is located on the premises of a participant's residence;
	(F)  does not accept any remuneration other than a
	nominal annual membership fee;
	(G)  does not solicit donations as compensation or
	payment for any good or service provided as part of the program; and
	(H)  conducts background checks for all program
	employees and volunteers who work with children in the program
	using information that is obtained from the Department of Public
	Safety;
	(20)  a living arrangement in a caretaker's home
	involving one or more children or a sibling group, excluding
	children who are related to the caretaker, in which the caretaker:
	(A)  had a prior relationship with the child or
	sibling group or other family members of the child or sibling group;
	(B)  does not care for more than one unrelated
	child or sibling group;
	(C)  does not receive compensation or solicit
	donations for the care of the child or sibling group; and
	(D)  has a written agreement with the parent to
	care for the child or sibling group;
	(21)  a living arrangement in a caretaker's home
	involving one or more children or a sibling group, excluding
	children who are related to the caretaker, in which:
	(A)  the department is the managing conservator of
	the child or sibling group;
	(B)  the department placed the child or sibling
	group in the caretaker's home; and
	(C)  the caretaker had a long-standing and
	significant relationship with the child or sibling group before the
	child or sibling group was placed with the caretaker;
	(22)  a living arrangement in a caretaker's home
	involving one or more children or a sibling group, excluding
	children who are related to the caretaker, in which the child is in
	the United States on a time-limited visa under the sponsorship of
	the caretaker or of a sponsoring organization; [or]
	(23)  a facility operated by a nonprofit organization
	that:
	(A)  does not otherwise operate as a child-care
	facility that is required to be licensed under this section;
	(B)  provides emergency shelter and care for not
	more than 15 days to children 13 years of age or older but younger
	than 18 years of age who are victims of human trafficking alleged
	under Section 20A.02, Penal Code;
	(C)  is located in a municipality with a
	population of at least 600,000 that is in a county on an
	international border; and
	(D)  meets one of the following criteria:
	(i)  is licensed by, or operates under an
	agreement with, a state or federal agency to provide shelter and
	care to children; or
	(ii)  meets the eligibility requirements for
	a contract under Section 51.005(b)(3); or
	(24)  a facility that provides respite care exclusively
	for a local mental health authority under a contract with the local
	mental health authority.
	SECTION 23.  Section 42.042, Human Resources Code, is
	amended by amending Subsections (e-1), (g), and (h-1) and adding
	Subsection (s) to read as follows:
	(e-1)  The department may not prohibit possession of
	lawfully permitted firearms and ammunition in [a foster home of any
	type, including a foster group home, a foster home, an agency foster
	group home, and] an agency foster home. Minimum standards may be
	adopted under this section relating to safety and proper storage of
	firearms and ammunition, including standards requiring firearms
	and ammunition to be stored separately in locked locations.
	(g)  In promulgating minimum standards the executive
	commissioner may recognize and treat differently the types of
	services provided by the following:
	(1)  registered family homes;
	(2)  child-care facilities, including general
	residential operations, foster family operations [group homes],
	specialized child-care [foster] homes, group day-care homes, and
	day-care centers;
	(3)  child-placing agencies;
	(4)  agency foster homes;
	(5)  continuum-of-care residential operations [agency
	foster group homes];
	(6)  before-school or after-school programs; and
	(7)  school-age programs.
	(h-1)  The executive commissioner shall adopt rules
	governing:
	(1)  the placement and care of children by a
	child-placing agency, as necessary to ensure the health and safety
	of those children;
	(2)  the verification and monitoring of agency foster
	homes[, agency foster group homes,] and adoptive homes by a
	child-placing agency; and
	(3)  if appropriate, child-placing agency staffing
	levels, office locations, and administration.
	(s)  A continuum-of-care residential operation shall ensure
	that each residential child-care facility operating under the
	operation's license complies with this chapter and any standards
	and rules adopted under this chapter that apply to the facility.
	The executive commissioner by rule may prescribe the actions a
	continuum-of-care residential operation must take to comply with
	the minimum standards for each facility type.
	SECTION 24.  Section 42.0421(e), Human Resources Code, is
	amended to read as follows:
	(e)  In addition to other training required by this section,
	the executive commissioner by rule shall require an owner,
	operator, or employee of a day-care center, group day-care home,
	registered family home, general residential operation, foster
	family operation [group home], or specialized child-care [agency
	foster group] home who transports a child under the care of the
	facility whose chronological or developmental age is younger than
	nine years of age to complete at least two hours of annual training
	on transportation safety.
	SECTION 25.  Section 42.044(e), Human Resources Code, is
	amended to read as follows:
	(e)  In addition to the department's responsibility to
	investigate an agency foster home [or agency foster group home]
	under Subsection (c), the department shall:
	(1)  periodically conduct inspections of a random
	sample of agency foster homes [and agency foster group homes];
	(2)  investigate any report of a serious incident in an
	agency foster home [or agency foster group home] that pertains to a
	child under the age of six;
	(3)  investigate any alleged violation of a minimum
	standard by an agency foster home [or agency foster group home] that
	poses a high degree of risk to a child in the care of the home who is
	under the age of six; and
	(4)  conduct at least one annual enforcement team
	conference for each child-placing agency to thoroughly review the
	investigations or inspections of the child-placing agency and all
	of its agency foster homes to monitor and enforce compliance by a
	child-placing agency with rules and standards established under
	Section 42.042.
	SECTION 26.  Section 42.0448, Human Resources Code, is
	amended to read as follows:
	Sec. 42.0448.  NOTIFICATION OF FAMILY VIOLENCE CALLS. The
	department shall notify a child-placing agency or a
	continuum-of-care residential operation that includes a
	child-placing agency of each family violence report the department
	receives under Article 5.05, Code of Criminal Procedure, that:
	(1)  occurred at an agency foster home verified by the
	child-placing agency; or
	(2)  involves a person who resides at an agency foster
	home verified by the child-placing agency.
	SECTION 27.  Section 42.0449, Human Resources Code, is
	amended to read as follows:
	Sec. 42.0449.  REQUIRED ACTIONS AFTER NOTICE OF FAMILY
	VIOLENCE CALL. The executive commissioner shall adopt rules
	specifying the actions that the department, a specialized
	child-care [an independent foster] home, [and] a child-placing
	agency, and a continuum-of-care residential operation that
	includes a child-placing agency shall take after receiving notice
	of a family violence report under Article 5.05, Code of Criminal
	Procedure, or Section 42.0448 to ensure the health, safety, and
	welfare of each child residing in the specialized child-care
	[licensed foster] home or verified agency foster home.
	SECTION 28. Section 42.045(d), Human Resources Code, is
	amended to read as follows:
	(d)  A [An independent foster home and a] child-placing
	agency or a specialized child-care home that is the primary
	residence of a caregiver shall notify the department of any change
	of address for [a licensed foster home or] a verified agency foster
	home or specialized child-care home. The [independent foster home
	and] child-placing agency and specialized child-care home shall
	notify the department of the address change within the earlier of
	two business days or 72 hours of the date the verified agency foster
	home or specialized child-care home changes its address.
	SECTION 29.  The heading to Section 42.0451, Human Resources
	Code, is amended to read as follows:
	Sec. 42.0451.  DATABASE OF VERIFIED AGENCY FOSTER HOMES AND
	SPECIALIZED CHILD-CARE HOMES; INFORMATION PROVIDED TO DEPARTMENT
	OF PUBLIC SAFETY.
	SECTION 30.  Sections 42.0451(a) and (c), Human Resources
	Code, are amended to read as follows:
	(a)  The department shall maintain a database of specialized
	child-care [licensed foster] homes that are the primary residence
	of a caregiver and verified agency foster homes including the
	current address for each specialized child-care home [licensed] or
	verified agency foster home as reported to the department. The
	database must be updated on a regular basis.
	(c)  The Department of Public Safety shall include the
	information provided under Subsection (b) in the Texas Crime
	Information Center database and establish a procedure by which a
	peace officer or employee of a law enforcement agency who provides
	the department with a street address is automatically provided
	information as to whether the address is licensed as a specialized
	child-care home at the primary residence of a caregiver [foster
	home] or verified as an agency foster home under this chapter.
	SECTION 31.  Section 42.0452, Human Resources Code, is
	amended to read as follows:
	Sec. 42.0452.  FOSTER PARENT RIGHTS AND RESPONSIBILITIES
	STATEMENT. (a) The department shall develop a statement that lists
	the rights and responsibilities of a foster parent in a specialized
	child-care [foster] home or an agency foster home and of the
	department or a child-placing agency, as applicable.
	(b)  The department shall provide a written copy of the
	statement developed under Subsection (a) to each foster parent in a
	specialized child-care [foster] home and to each child-placing
	agency licensed by the department. A child-placing agency shall
	provide a written copy of the statement developed under Subsection
	(a) to each foster parent in an agency foster home verified by the
	child-placing agency.
	SECTION 32.  Section 42.046(a), Human Resources Code, is
	amended to read as follows:
	(a)  An applicant for a license to operate a child-care
	facility, [or] child-placing agency, or continuum-of-care
	residential operation or for a listing or registration to operate a
	family home shall submit to the department the appropriate fee
	prescribed by Section 42.054 and a completed application on a form
	provided by the department.
	SECTION 33.  The heading to Section 42.0461, Human Resources
	Code, is amended to read as follows:
	Sec. 42.0461.  PUBLIC NOTICE AND HEARING [IN CERTAIN
	COUNTIES]: RESIDENTIAL CHILD CARE.
	SECTION 34.  Sections 42.0461(a), (d), and (e), Human
	Resources Code, are amended to read as follows:
	(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 or
	a continuum-of-care 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.
	(d)  Before issuing a license or certificate described by
	Subsection (a), the department shall consider written information
	provided by an interested party directly to the department's
	representative at the public hearing concerning:
	(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)  Based on the written information provided to the
	department's representative at the public hearing, the [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.
	SECTION 35.  Subchapter C, Chapter 42, Human Resources Code,
	is amended by adding Section 42.0463 to read as follows:
	Sec. 42.0463.  EXPANSION OF CAPACITY. Notwithstanding the
	limitations established by Section 42.002, the department may issue
	an exception in accordance with department rules allowing an agency
	foster home, cottage family home, or specialized child-care home to
	expand its capacity and care for not more than eight children.
	SECTION 36.  Section 42.048(e), Human Resources Code, is
	amended to read as follows:
	(e)  A license issued under this chapter is not transferable
	and applies only to the operator and facility location stated in the
	license application. Except as provided by this subsection, a
	change in location or ownership automatically revokes a license. A
	change in location of a child-placing agency does not automatically
	revoke the license to operate the child-placing agency. A
	residential child-care facility operating under the license of a
	continuum-of-care residential operation that changes location may
	not continue to operate under that license unless the department
	approves the new location after the continuum-of-care residential
	operation meets all requirements related to the new location.
	SECTION 37.  Section 42.053, Human Resources Code, is
	amended to read as follows:
	Sec. 42.053.  AGENCY FOSTER HOMES [AND AGENCY FOSTER GROUP
	HOMES]. (a) An agency foster home [or agency foster group home] is
	considered part of the child-placing agency that operates the
	agency foster home [or agency foster group home] for purposes of
	licensing.
	(b)  The operator of a licensed agency shall display a copy
	of the license in a prominent place in the agency foster home [or
	agency foster group home] used by the agency.
	(c)  An agency foster home [or agency foster group home]
	shall comply with all provisions of this chapter and all department
	rules and standards that apply to a child-care facility caring for a
	similar number of children for a similar number of hours each day.
	(d)  The department shall revoke or suspend the license of a
	child-placing agency if an agency foster home [or agency foster
	group home] operated by the licensed agency fails to comply with
	Subsection (c).
	(e)  Before verifying an agency foster home, a child-placing
	agency may issue a provisional verification to the home. The
	executive commissioner by rule may establish the criteria for a
	child-placing agency to issue a provisional verification to a
	prospective agency foster home.
	(f)  If a child-placing agency under contract with the child
	protective services division of the department to provide services
	as an integrated care coordinator places children with caregivers
	described by Subchapter I, Chapter 264, Family Code, those
	caregivers are not considered a part of the child-placing agency
	for purposes of licensing.
	SECTION 38.  Section 42.0531, Human Resources Code, is
	amended to read as follows:
	Sec. 42.0531.  SECURE AGENCY FOSTER HOMES [AND SECURE AGENCY
	FOSTER GROUP HOMES]. (a) The commissioners court of a county or
	governing body of a municipality may contract with a child-placing
	agency to verify a secure agency foster home [or secure agency
	foster group home] to provide a safe and therapeutic environment
	tailored to the needs of children who are victims of trafficking.
	(b)  A child-placing agency may not verify a secure agency
	foster home [or secure agency foster group home] to provide
	services under this section unless the child-placing agency holds a
	license issued under this chapter that authorizes the agency to
	provide services to victims of trafficking in accordance with
	department standards adopted under this chapter for child-placing
	agencies.
	(c)  A secure agency foster home [or secure agency foster
	group home] verified under this section must provide:
	(1)  mental health and other services specifically
	designed to assist children who are victims of trafficking under
	Section 20A.02 or 20A.03, Penal Code, including:
	(A)  victim and family counseling;
	(B)  behavioral health care;
	(C)  treatment and intervention for sexual
	assault;
	(D)  education tailored to the child's needs;
	(E)  life skills training;
	(F)  mentoring; and
	(G)  substance abuse screening and treatment as
	needed;
	(2)  individualized services based on the trauma
	endured by a child, as determined through comprehensive assessments
	of the service needs of the child;
	(3)  24-hour services; and
	(4)  appropriate security through facility design,
	hardware, technology, and staffing.
	SECTION 39.  Sections 42.0535(a), (b), (d), and (e), Human
	Resources Code, are amended to read as follows:
	(a)  A child-placing agency that seeks to verify an agency
	home [or an agency group home] shall request background information
	about the agency home [or group home] from a child-placing agency
	that has previously verified that agency home [or agency group
	home].
	(b)  Notwithstanding Section 261.201, Family Code, a
	child-placing agency that has verified an agency home [or an agency
	group home] is required to release to another child-placing agency
	background information requested under Subsection (a).
	(d)  For purposes of this section, background information
	means the home study under which the agency home [or agency group
	home] was verified by the previous child-placing agency and any
	record of noncompliance with state minimum standards received and
	the resolution of any such noncompliance by the previous
	child-placing agency.
	(e)  The executive commissioner by rule shall develop a
	process by which a child-placing agency shall report to the
	department:
	(1)  the name of any verified agency foster home [or
	foster group home] that has been closed for any reason, including a
	voluntary closure;
	(2)  information regarding the reasons for the closure
	of the agency foster home [or foster group home]; and
	(3)  the name and other contact information of a person
	who may be contacted by another child-placing agency to obtain the
	records relating to the closed agency foster home [or foster group
	home] that are required to be maintained and made available under
	this section.
	SECTION 40.  Sections 42.054(a), (d), and (g), Human
	Resources Code, are amended to read as follows:
	(a)  The department shall charge an applicant a
	nonrefundable application fee for an initial license to operate a
	child-care facility, [or] a child-placing agency, or a
	continuum-of-care residential operation.
	(d)  The department shall charge each licensed child-placing
	agency or continuum-of-care residential operation an annual
	license fee. The fee is due on the date on which the department
	issues the [child-placing agency's] initial license to the
	child-placing agency or continuum-of-care residential operation
	and on the anniversary of that date.
	(g)  The provisions of Subsections (b) through (f) do not
	apply to:
	(1)  [licensed foster homes and licensed foster group
	homes;
	[(2)]  nonprofit facilities regulated under this
	chapter that provided 24-hour care for children in the managing
	conservatorship of the department during the 12-month period
	immediately preceding the anniversary date of the facility's
	license;
	(2) [(3)]  facilities operated by a nonprofit
	corporation or foundation that provides 24-hour residential care
	and does not charge for the care provided; or
	(3) [(4)]  a family home listed under Section 42.0523
	in which the relative child-care provider cares for the child in the
	child's own home.
	SECTION 41.  Section 42.0561, Human Resources Code, is
	amended to read as follows:
	Sec. 42.0561.  INFORMATION RELATING TO FAMILY VIOLENCE
	REPORTS. Before [the department may issue a license or
	registration for a foster home or] a child-placing agency may issue
	a verification certificate for an agency foster home, the
	[department or] child-placing agency must obtain information
	relating to each family violence report at the applicant's
	residence to which a law enforcement agency responded during the 12
	months preceding the date of the application. The applicant shall
	provide the information on a form prescribed by the department.
	SECTION 42.  Section 42.063(d), Human Resources Code, is
	amended to read as follows:
	(d)  An employee or volunteer of a general residential
	operation, child-placing agency, continuum-of-care residential
	operation, foster family operation [home], or specialized
	child-care [foster group] home shall report any serious incident
	directly to the department if the incident involves a child under
	the care of the operation, agency, or home.
	SECTION 43.  Sections 42.0461(f) and (g), Human Resources
	Code, are repealed.
	SECTION 44.  This Act applies only to a license or
	registration issued or renewed on or after the effective date of
	this Act. Facilities licensed or registered in a facility category
	that is not continued following the changes in law made by this Act
	shall continue to operate under the license or registration as it
	existed before the effective date of this Act until the license or
	registration is expired. The facilities must renew a license or
	registration under the new license or registration category.
	SECTION 45.  This Act takes effect September 1, 2017.