crisis nursery pilot program for Bexar County

The text as introduced · 811 words

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.