Ordaz Day-Care Bill Lets 16-Year-Olds Work As Caregivers

The text as introduced · 503 words

90R3346 MM-D

By: Ordaz
H.B. No. 344

A BILL TO BE ENTITLED

AN ACT

relating to the qualifications of caregivers employed by day-care

centers, group day-care homes, family homes, and employer-based

day-care facilities.

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 42.04211 to read as follows:

Sec. 42.04211. CERTAIN CAREGIVER QUALIFICATIONS. A

day-care center, group day-care home, or family home may employ a

caregiver who is at least 16 years of age but younger than 19 years

of age and has not received a high school diploma or its equivalent,

as determined by the department, if the caregiver:

(1) is not left alone with sole responsibility for or

in charge of an individual child, a group of children, or the

day-care center, group day-care home, or family home;

(2) works in the same room with and is supervised by a

caregiver qualified under department rule; and

(3) has not been precluded from providing direct care

or having direct access to a child by the department based on the

results of a background and criminal history check conducted under

Section 42.056.

SECTION 2. Section 42.158, Human Resources Code, is amended

to read as follows:

Sec. 42.158. CAREGIVER QUALIFICATIONS. (a) A caregiver

employed by an employer-based day-care facility operating under

this subchapter must:

(1) be at least 18 years of age;

(2) have received a high school diploma or its

equivalent, as determined by the department;

(3) receive at least the minimum training required for

an employee of a licensed day-care center as prescribed by

department rules in accordance with Sections 42.042(p) and 42.0421;

(4) have a Child Development Associate or Certified

Child-Care Professional credential or an equivalent credential, as

determined by the department; and

(5) not have been precluded from providing direct care

or having direct access to a child by the department based on the

results of a background and criminal history check conducted under

Section 42.159.

(b) Notwithstanding Subsection (a), an employer-based

day-care facility may employ a caregiver who is at least 16 years of

age but younger than 19 years of age and has not received a high

school diploma or its equivalent, as determined by the department,

if the caregiver:

(1) is not left alone with sole responsibility for or

in charge of an individual child, a group of children, or the

day-care facility;

(2) works in the same room with and is supervised by a

caregiver qualified under department rule; and

(3) has not been precluded from providing direct care

or having direct access to a child by the department based on the

results of a background and criminal history check conducted under

Section 42.159.

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, 2027.