child-care facilities can’t discriminate based on disability

The text as introduced · 451 words

89R4040 AMF-D

By: Menéndez
S.B. No. 173

A BILL TO BE ENTITLED

AN ACT

relating to training requirements for and prohibited

discrimination by child-care facilities and registered family

homes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 42.042(e), Human Resources Code, is

amended to read as follows:

(e) The executive commissioner shall promulgate minimum

standards that apply to licensed child-care facilities and to

registered family homes covered by this chapter and that will:

(1) promote the health, safety, and welfare of

children attending a facility or registered family home;

(2) promote safe, comfortable, and healthy physical

facilities and registered family homes for children;

(3) ensure adequate supervision of children by

capable, qualified, and healthy personnel;

(4) ensure adequate and healthy food service where

food service is offered;

(5) prohibit [ racial ] discrimination based on race or

disability by child-care facilities and registered family homes;

(6) require procedures for parental and guardian

consultation in the formulation of children's educational and

therapeutic programs;

(7) prevent the breakdown of foster care and adoptive

placement;

(8) ensure that a child-care facility or registered

family home:

(A) follows the directions of a child's physician

or other health care provider in providing specialized medical

assistance required by the child; and

(B) maintains for a reasonable time a copy of any

directions from the physician or provider that the parent provides

to the facility or home; and

(9) ensure that a child's health, safety, and welfare

are adequately protected on the grounds of a child-care facility or

registered family home.

SECTION 2. Section 42.0421, Human Resources Code, is

amended by adding Subsections (a-1) and (a-2) to read as follows:

(a-1) The initial training described by Subsection (a)(1)

must include training on:

(1) trauma-informed care; and

(2) behavioral health that includes:

(A) methods for:

(i) understanding and managing behaviors;

(ii) requesting a behavioral health

consultation; and

(iii) providing behavioral health support

to all children who are provided care; and

(B) a description of the impact autism and other

intellectual and developmental disabilities have on behavior and

communication.

(a-2) The annual training described by Subsection (a)(2)

must include training on care provided to children with special

needs and methods for:

(1) identifying possible developmental delays;

(2) locating community resources for the children;

(3) providing effective communication to the

children's parents; and

(4) accommodating the special needs of children in the

day-care center or group day-care home.

SECTION 3. As soon as practicable after the effective date

of this Act, the executive commissioner of the Health and Human

Services Commission shall adopt the rules necessary to implement

the changes in law made by this Act.

SECTION 4. This Act takes effect September 1, 2025.