COMMISSIONER

JohnJ.Specia,Jr.

TEXASDEPARTMENTOFFAMILYANDPROTECTIVESERVICES

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July 15, 2015

Dear Child Care Provider:

The 84th Legislature, Regular Session, concluded on June 1, 2015. A number of bills passed during the session that will impact child care operations regulated by Child Care Licensing.

CCL has posted a chart on the Child Care Minimum Standards webpage that includes the following information for such bills:

  • A brief summary of the changes in the law;
  • Information on how to comply with the changes in the law; and
  • Information on when to comply with the new law.

Please review the chart carefully, as not all bills may impact your specific type of program. In addition, the chart may not include every bill that affects your particular program. We recommend that you share the information in this chart with your staff so that they learn the changes to laws that affect your operation and understand how to comply with the new requirements.

If you have any questions or need further guidance, please feel free to contact your local licensing office. We look forward toworking with you as we implement these new requirements and continue to work toward our common goal of protecting the health, safety and well-being of children in out of home care in Texas.

Sincerely,

Paul Morris

Assistant Commissioner

Child Care Licensing

701W.51STSTREET♦P.O.BOX149030♦AUSTIN,TEXAS78714-9030♦(512)438-4800

An Equal Opportunity Employer andProvider

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Bill Number / Summary / How To Comply / When To Comply
Senate Bill 206
SECTIONS 77-79
This law applies to:
  • Licensed Child Care Centers
  • Before or After-School Programs
  • School-Age Programs
  • Licensed Child Care Homes
  • Registered Child Care Homes
Effective 09/01/2015 / Renewals
Amends Human Resources Code (HRC) §§42.048, 42.050, and 42.052 to require the expiration of a license, registration or certificate, issued by Child Care Licensing. Currently these types of permits are non-expiring. In order for a license, registration, or certificate to remain valid, the operation would need to apply for renewal. Adopted rules must:
  • Include a process for staggered renewals;
  • Have procedures for resolving late applications for renewal; and
  • Include expiration dates and renewal conditions.
Although the bill is effective on 9/1/2015, rules to implement these sections do not have to be adopted until 9/1/2016.
Rule Changes
Licensing will convene a temporary workgroup of providers (tentatively scheduled for January 2016) to advise the department regarding the proposal of new rules.
CCL will propose Rule changes to 40 TAC Chapter 745 in April 2016. If adopted, the rules will become effective September 2016. /
Until rules and procedures are developed for these SECTIONS of the bill, no action on your part. is required
Details related to the renewal of permits will be communicated to you at a later date. / N/A
Senate Bill 206 - SECTION 80
This law applies to:
  • Licensed Child Care Centers
  • Before or After-School Programs
  • School-Age Programs
  • Licensed Child Care Homes
  • Registered Child Care Homes
  • Listed Family Homes
Effective 09/01/2015 / Fees
Amends HRC §42.054 by removing the fee amounts from statute and allowing DFPS to determine fees by rule.
There are no plans at this time to propose changes to the current fees. / No action on your part is required. / N/A
Senate Bill 206 - SECTION 81
This law applies to:
  • Licensed Child Care Centers
  • Before or After-School Programs
  • School-Age Programs
  • Licensed Child Care Homes
  • Registered Child Care Homes
  • Listed Family Homes
Effective 09/01/2015 / Enforcement Framework
Adds HRC §42.0704 to require DFPS to establish a general enforcement policy in rule. The enforcement policy will outline the methodology used to guide decision making when determining whether action should be taken against an operation, and if so, which action is appropriate. The enforcement policy must allow DFPS to consider:
  • The circumstances in a particular case;
  • History of violations; and
  • Aggravating and mitigating factors.
The purpose of the enforcement policy is to establish a consistent and fair application of actions Licensing may impose on an operation, and to provide transparency to the decision making process.
Rule Changes
Licensing will convene a temporary workgroup of providers (tentatively scheduled for January 2016) to advise the department regarding the proposal of new rules.
CCL will propose Rule changes to 40 TAC Chapter 745 in April 2016. If adopted, the rules will become effective September 2016. / It is unlikely that this SECTION of the bill will require any action on your part.
However, details related to the enforcement framework will be communicated to you at a later date. / N/A
Senate Bill 206 - SECTION 82
This law applies to:
  • Licensed Child Care Centers
  • Before or After-School Programs
  • School-Age Programs
  • Licensed Child Care Homes
  • Registered Child Care Homes
  • Listed Family Homes
Effective 09/01/2015 / Administrative Penalties
Amends HRC §42.078(a-2) to expand the department's authority to impose administrative penalties for violations of high-risk standards or rules, such as rules related to supervision, safety hazards, and background checks, before imposing other corrective action.
Rule Changes
Licensing will convene a temporary workgroup of providers (tentatively scheduled for January 2016) to advise the department regarding the proposal of new rules.
CCL will propose Rule changes to 40 TAC Chapter 745 in April 2016. If adopted, the rules will become effective September 2016. / No action on your part is required.
Details regarding the criteria and rule changes related to the expansion of administrative penalties will be communicated to you at a later date. / N/A
Senate Bill 206 - SECTION 83
This law applies to Illegal child care operations.
Effective 09/01/2015 / Cease and Desist
Adds HRC §42.079 which will allow DFPS to issue a cease and desist order against an illegal operation.
Rule Changes
CCL will propose Rule changes to 40 TAC Chapter 745 in April 2016. If adopted, the rules will become effective September 2016. / No action on your part is required. / N/A
Senate Bill 1496
This law applies to :
  • Licensed Child Care Homes
  • Listed Family Homes
  • Registered Child Care Homes
Effective 09/01/2016 / Amends HRC §42.056(a-2) which requires a Federal Bureau of Investigations (FBI) fingerprint check for the following persons affiliated with a child care operation unless a valid FBI check was previously obtained:
  • The director, owner, and operator;
  • An employee;
  • A prospective employee;
  • Any person who is aged 14 or older and is counted in the child/caregiver ratio;
  • Any person who is aged 14 or older and has unsupervised access to children in care; and
  • Any person who is aged 14 or older and resides in the operation.
These changes do not apply to Relative Listed Family Homes which are homes that have become listed in order to receive funds to provide care to a related child.
The bill also amends HRC §42.056(c) to require Listed Family Homes to pay a $2 background check fee in addition to the annual listing fee.
The bill goes into effect on 9/1/2016.
Rule Changes
CCL will propose amendments to 40 TAC §745.505 and §745.615 in April 2016. If adopted, the rule change will become effective September 2016. / Until rules and criteria are developed for this bill, no action is required on your part.
Details regarding the criteria and rule changes related to fingerprint checks and Listed Family Home background check fees will be sent to you at a later date. / N/A

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