Toth Bill Exempts Faith-Based Child-Care From Licensing Rules

The text as introduced · 2,502 words

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 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, or the

family of 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;

(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);

(24) a facility that provides respite care exclusively

for a local mental health authority under a contract with the local

mental health authority; [ or ]

(25) a living arrangement in a caretaker's home

involving one or more children or a sibling group in which the

caretaker:

(A) has a written authorization agreement under

Chapter 34, Family Code, with the parent of each child or sibling

group to care for each child or sibling group;

(B) does not care for more than six children,

excluding children who are related to the caretaker; and

(C) does not receive compensation for caring for

any child or sibling group ; or

(26) a faith-based child-care facility established

under Subchapter I .

(d) A facility exempt from the provisions of Subsection (a) ,

other than a faith-based child-care facility established under

Subchapter I, that desires to receive or participate in federal or

state funding shall be required to comply with all other provisions

of this chapter and with all regulations promulgated under this

chapter.

ARTICLE 4. EFFECTIVE DATE

SECTION 4.01. This Act takes effect September 1, 2025.