Menéndez Day-Care Bill Keeps Fixed Minor Violations Off Inspection Reports

The text as introduced · 1,072 words

89R16345 MM-D

By: Menéndez
S.B. No. 2469

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of certain day-care centers.

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

SECTION 1. Section 42.0441, Human Resources Code, is

amended to read as follows:

Sec. 42.0441. INSPECTION RESULTS FOR CERTAIN

NONRESIDENTIAL CHILD-CARE FACILITIES ; OPPORTUNITY TO CURE . (a)

Immediately after completing a monitoring inspection of a licensed

day-care center, licensed group day-care home, or registered family

home under Section 42.044, the authorized representative of the

commission [ department ] shall review the results of the monitoring

inspection with a representative of the facility and give the

facility an opportunity to respond to the inspection results.

(b) The authorized representative of the commission shall

provide a day-care center, group day-care home, or family home an

opportunity to immediately cure a violation of a minimum standard

that does not pose a risk to a child's safety. If the center or home

immediately cures the violation, the authorized representative may

not include the violation in the inspection results or report.

SECTION 2. Subchapter C, Chapter 42, Human Resources Code,

is amended by adding Section 42.04426 to read as follows:

Sec. 42.04426. REGISTRY OF DAY-CARE VIOLATIONS; VIOLATION

NOTICE, APPEAL, AND JUDICIAL REVIEW. (a) The commission shall

establish a registry of day-care violations. If the commission

determines an employee of a day-care center, group day-care home,

or family home is responsible for a violation, the commission shall

record in the registry:

(1) the employee's name, address, and social security

number;

(2) the name and address of the center or home where

the violation occurred;

(3) the date the violation occurred; and

(4) a description of the violation.

(b) The commission shall give written notice of the

commission's determination of a violation occurring at a day-care

center, group day-care home, or family home to any employee of the

center or home who is responsible for the violation.

(c) The notice must include:

(1) a brief summary of the commission's determination;

(2) a statement of the employee's right to a hearing on

the commission's determination; and

(3) a statement notifying the employee that if the

employee fails to timely respond to the notice, the commission's

determination of the employee's responsibility for the violation

will be recorded in the commission's registry of day-care

violations.

(d) Not later than the 30th day after the date the notice is

received, the employee notified may accept the commission's

determination or may submit a written request to the commission for

a hearing on that determination.

(e) If the employee notified of the violation accepts the

commission's determination or fails to timely respond to the

notice, the commission shall add the determination to the

commission's registry of day-care violations.

(f) If the employee requests a hearing, the commission

shall:

(1) set a date for a hearing;

(2) give written notice of the hearing date to the

employee; and

(3) designate an administrative law judge to conduct

the hearing.

(g) The administrative law judge shall make findings of fact

and conclusions of law and shall promptly issue a decision

regarding the occurrence of the violation.

(h) The administrative law judge shall give notice of the

decision to the employee allegedly responsible for the violation.

The notice must include:

(1) separate statements of the findings of fact and

conclusions of law;

(2) a statement of the employee's right to judicial

review of the decision; and

(3) a statement that the violation will be recorded in

the commission's registry of day-care violations if:

(A) the employee does not request judicial review

of the decision; or

(B) the decision is sustained by the court.

(i) Not later than the 30th day after the date the employee

receives notice of the administrative law judge's decision, the

employee may file a petition for judicial review contesting the

decision. If the employee does not request judicial review of the

decision, the commission shall record the violation in the

commission's registry of day-care violations.

(j) Judicial review of the decision:

(1) is instituted by filing a petition as provided by

Subchapter G, Chapter 2001, Government Code; and

(2) is under the substantial evidence rule.

(k) If the court sustains the administrative law judge's

decision on the occurrence of the violation, the commission shall

record the violation in the commission's registry of day-care

violations.

(l) The commission shall make the commission's registry of

day-care violations available to a day-care center, group day-care

home, or family home.

SECTION 3. Section 42.0704, Human Resources Code, is

amended by adding Subsection (e) to read as follows:

(e) The enforcement policy must include a process to appeal

a commission determination of a violation of this chapter or a

commission rule by a day-care center, group day-care home, or

family home. The center or home may request a hearing before an

administrative law judge of the State Office of Administrative

Hearings on the issue of whether the center or home committed the

violation. If the administrative law judge finds no violation

occurred:

(1) the administrative law judge shall order the

commission to remove the violation from the center's or home's

record; and

(2) the commission shall remove the violation from the

record not later than the 10th business day after the date the order

is issued.

SECTION 4. (a) The Health and Human Services Commission

shall study the violations the commission found at each licensed

day-care center, licensed group day-care home, or registered family

home during the preceding ten years to determine the ten licensing

standards most frequently violated. The commission shall:

(1) determine whether the violations pose a risk to

the health or safety of children at a center or home; and

(2) provide educational materials to centers and homes

regarding:

(A) the importance of following the identified

licensing standards; and

(B) ways to cure and prevent the identified

violations.

(b) The Health and Human Services Commission may form a work

group consisting of commission employees, child-care providers,

community stakeholders, child-care workers, and parents of

children attending a day-care center or family home to perform the

study required by Subsection (a) of this section.

(c) The Health and Human Services Commission shall complete

the study required by Subsection (a) of this section and submit a

report on the study results to the legislature not later than

September 1, 2026.

(d) This section expires September 1, 2027.

SECTION 5. This Act takes effect September 1, 2025.