85R9021 MCK-F     By: Klick H.B. No. 4093       A BILL TO BE ENTITLED   AN ACT   relating to the licensing of certain facilities, homes, and   agencies that provide child-care services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 109.331(d), Alcoholic Beverage Code, is   amended to read as follows:          (d)  This section does not apply to a [foster group home,   foster family home,] family home, specialized child-care [agency   group] home, or agency foster home as those terms are defined by   Section 42.002, Human Resources Code.          SECTION 2.  Article 5.04(a-1), Code of Criminal Procedure,   is amended to read as follows:          (a-1)  A peace officer who investigates a family violence   allegation or who responds to a disturbance call that may involve   family violence shall determine whether the address of the persons   involved in the allegation or call matches the address of a current   licensed specialized child-care [foster] home or verified agency   foster home listed in the Texas Crime Information Center.          SECTION 3.  Articles 5.05(a-1) and (b), Code of Criminal   Procedure, are amended to read as follows:          (a-1)  In addition to the written report required under   Subsection (a), a peace officer who investigates a family violence   incident or who responds to a disturbance call that may involve   family violence shall make a report to the Department of Family and   Protective Services if the location of the incident or call, or the   known address of a person involved in the incident or call, matches   the address of a current licensed specialized child-care [foster]   home or a verified agency foster home as listed in the Texas Crime   Information Center.  The report under this subsection may be made   orally or electronically and must:                (1)  include the information required by Subsection   (a); and                (2)  be filed with the Department of Family and   Protective Services within 24 hours of the beginning of the   investigation or receipt of the disturbance call.          (b)  Each local law enforcement agency shall establish a   departmental code for identifying and retrieving family violence   reports as outlined in Subsection (a) of this article [section].  A   district or county attorney or an assistant district or county   attorney exercising authority in the county where the law   enforcement agency maintains records under this article [section]   is entitled to access to the records.  The Department of Family and   Protective Services is entitled to access the records relating to   any person who is 14 years of age or older and who resides in a   licensed specialized child-care [foster] home or a verified agency   foster home.          SECTION 4.  Section 29.081(d), Education Code, is amended to   read as follows:          (d)  For purposes of this section, "student at risk of   dropping out of school" includes each student who is under 26 years   of age and who:                (1)  was not advanced from one grade level to the next   for one or more school years;                (2)  if the student is in grade 7, 8, 9, 10, 11, or 12,   did not maintain an average equivalent to 70 on a scale of 100 in two   or more subjects in the foundation curriculum during a semester in   the preceding or current school year or is not maintaining such an   average in two or more subjects in the foundation curriculum in the   current semester;                (3)  did not perform satisfactorily on an assessment   instrument administered to the student under Subchapter B, Chapter   39, and who has not in the previous or current school year   subsequently performed on that instrument or another appropriate   instrument at a level equal to at least 110 percent of the level of   satisfactory performance on that instrument;                (4)  if the student is in prekindergarten,   kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on   a readiness test or assessment instrument administered during the   current school year;                (5)  is pregnant or is a parent;                (6)  has been placed in an alternative education   program in accordance with Section 37.006 during the preceding or   current school year;                (7)  has been expelled in accordance with Section   37.007 during the preceding or current school year;                (8)  is currently on parole, probation, deferred   prosecution, or other conditional release;                (9)  was previously reported through the Public   Education Information Management System (PEIMS) to have dropped out   of school;                (10)  is a student of limited English proficiency, as   defined by Section 29.052;                (11)  is in the custody or care of the Department of   Family and Protective [and Regulatory] Services or has, during the   current school year, been referred to the department by a school   official, officer of the juvenile court, or law enforcement   official;                (12)  is homeless, as defined by 42 U.S.C. Section   11302, and its subsequent amendments; or                (13)  resided in the preceding school year or resides   in the current school year in a residential placement facility in   the district, including a detention facility, substance abuse   treatment facility, emergency shelter, psychiatric hospital,   halfway house, or general residential operation [foster group   home].          SECTION 5.  Section 30.083(a), Education Code, is amended to   read as follows:          (a)  The director of services shall develop and administer a   comprehensive statewide plan for educational services for students   who are deaf or hard of hearing, including continuing diagnosis and   evaluation, counseling, and teaching. The plan shall be designed   to accomplish the following objectives:                (1)  providing assistance and counseling to parents of   students who are deaf or hard of hearing in regional day school   programs for the deaf and admitting to the programs students who   have a hearing loss that interferes with the processing of   linguistic information;                (2)  enabling students who are deaf or hard of hearing   to reside with their parents or guardians and be provided an   appropriate education in their home school districts or in regional   day school programs for the deaf;                (3)  enabling students who are deaf or hard of hearing   who are unable to attend schools at their place of residence and   whose parents or guardians live too far from facilities of regional   day school programs for the deaf for daily commuting to be   accommodated in specialized child-care [foster] homes or other   residential school facilities provided for by the agency so that   those children may attend a regional day school program for the   deaf;                (4)  enrolling in the Texas School for the Deaf those   students who are deaf or hard of hearing whose needs can best be met   in that school and designating the Texas School for the Deaf as the   statewide educational resource for students who are deaf or hard of   hearing;                (5)  encouraging students in regional day school   programs for the deaf to attend general education classes on a   part-time, full-time, or trial basis; and                (6)  recognizing the need for development of language   and communications abilities in students who are deaf or hard of   hearing, but also calling for the use of methods of communication   that will meet the needs of each individual student, with each   student assessed thoroughly so as to ascertain the student's   potential for communications through a variety of means, including   through oral or aural means, fingerspelling, or sign language.          SECTION 6.  Section 54.04(d), Family Code, is amended to   read as follows:          (d)  If the court or jury makes the finding specified in   Subsection (c) allowing the court to make a disposition in the case:                (1)  the court or jury may, in addition to any order   required or authorized under Section 54.041 or 54.042, place the   child on probation on such reasonable and lawful terms as the court   may determine:                      (A)  in the child's own home or in the custody of a   relative or other fit person; or                      (B)  subject to the finding under Subsection (c)   on the placement of the child outside the child's home, in:                            (i)  a suitable specialized child-care   [foster] home, as defined by Section 42.002, Human Resources Code;                            (ii)  a suitable public or private   residential treatment facility licensed by a state governmental   entity or exempted from licensure by state law, except a facility   operated by the Texas Juvenile Justice Department; or                            (iii)  a suitable public or private   post-adjudication secure correctional facility that meets the   requirements of Section 51.125, except a facility operated by the   Texas Juvenile Justice Department;                (2)  if the court or jury found at the conclusion of the   adjudication hearing that the child engaged in delinquent conduct   that violates a penal law of this state or the United States of the   grade of felony, the court or jury made a special commitment finding   under Section 54.04013, and the petition was not approved by the   grand jury under Section 53.045, the court may commit the child to   the Texas Juvenile Justice Department under Section 54.04013, or a   post-adjudication secure correctional facility under Section   54.04011(c)(1), as applicable, without a determinate sentence;                (3)  if the court or jury found at the conclusion of the   adjudication hearing that the child engaged in delinquent conduct   that included a violation of a penal law listed in Section 53.045(a)   and if the petition was approved by the grand jury under Section   53.045, the court or jury may sentence the child to commitment in   the Texas Juvenile Justice Department or a post-adjudication secure   correctional facility under Section 54.04011(c)(2) with a possible   transfer to the Texas Department of Criminal Justice for a term of:                      (A)  not more than 40 years if the conduct   constitutes:                            (i)  a capital felony;                            (ii)  a felony of the first degree; or                            (iii)  an aggravated controlled substance   felony;                      (B)  not more than 20 years if the conduct   constitutes a felony of the second degree; or                      (C)  not more than 10 years if the conduct   constitutes a felony of the third degree;                (4)  the court may assign the child an appropriate   sanction level and sanctions as provided by the assignment   guidelines in Section 59.003;                (5)  the court may place the child in a suitable   nonsecure correctional facility that is registered and meets the   applicable standards for the facility as provided by Section   51.126; or                (6)  if applicable, the court or jury may make a   disposition under Subsection (m) or Section 54.04011(c)(2)(A).          SECTION 7.  Section 101.0133, Family Code, is amended to   read as follows:          Sec. 101.0133.  FOSTER CARE.  "Foster care" means the   placement of a child who is in the conservatorship of the Department   of Family and Protective Services and in care outside the child's   home in an [agency foster group home,] agency foster home,   specialized child-care [foster group] home, foster family   operation, general residential operation [home], or another   facility licensed or certified under Chapter 42, Human Resources   Code, in which care is provided for 24 hours a day.          SECTION 8.  Section 101.017, Family Code, is amended to read   as follows:          Sec. 101.017.  LICENSED CHILD PLACING AGENCY.  "Licensed   child placing agency" means a person, including an organization or   corporation, licensed or certified under Chapter 42, Human   Resources Code, by the Department of Family and Protective Services   to place a child in a child-care facility, agency foster home,   general residential operation [agency foster group home], or   adoptive home.          SECTION 9.  Section 162.0062(b), Family Code, is amended to   read as follows:          (b)  The records described by Subsection (a) must include any   records relating to an investigation of abuse in which the child was   an alleged or confirmed victim of sexual abuse while residing in a   specialized child-care [foster] home or other residential   child-care facility.  If the licensed child-placing agency or other   person placing the child for adoption does not have the information   required by this subsection, the department, at the request of the   licensed child-placing agency or other person placing the child for   adoption, shall provide the information to the prospective adoptive   parents of the child.          SECTION 10.  Section 262.011, Family Code, as added by   Chapter 338 (H.B. 418), Acts of the 84th Legislature, Regular   Session, 2015, is amended to read as follows:          Sec. 262.011.  PLACEMENT IN SECURE AGENCY FOSTER HOME [OR   SECURE AGENCY FOSTER GROUP HOME].  A court in an emergency, initial,   or full adversary hearing conducted under this chapter may order   that the child who is the subject of the hearing be placed in a   secure agency foster home [or secure agency foster group home]   verified in accordance with Section 42.0531, Human Resources Code,   if the court finds that:                (1)  the placement is in the best interest of the child;   and                (2)  the child's physical health or safety is in danger   because the child has been recruited, harbored, transported,   provided, or obtained for forced labor or commercial sexual   activity, including any child subjected to an act specified in   Section 20A.02 or 20A.03, Penal Code.          SECTION 11.  Section 263.008(a)(1), Family Code, is amended   to read as follows:                (1)  "Agency foster [group] home[,]" and ["agency   foster home,"] "facility[,]" ["foster group home," and "foster   home"] have the meanings assigned by Section 42.002, Human   Resources Code.          SECTION 12.  Section 263.008(e), Family Code, is amended to   read as follows:          (e)  A specialized child-care [An agency foster group] home,   agency foster home[, foster group home, foster home], or other   facility in which a child is placed in foster care shall provide a   copy of the foster children's bill of rights to a child on the   child's request. The foster children's bill of rights must be   printed in English and in a second language.          SECTION 13.  Section 264.0111(a), Family Code, is amended to   read as follows:          (a)  A child for whom the department has been appointed   managing conservator and who has been placed by the department in a   residential [foster home or] child-care facility [institution] as   defined by Chapter 42, Human Resources Code, is entitled to keep any   money earned by the child during the time of the child's placement.          SECTION 14.  Section 264.101(a), Family Code, is amended to   read as follows:          (a)  The department may pay the cost of foster care for a   child only if:                (1)  the child has been placed by the department in a   [foster home or other] residential child-care facility, as defined   by Chapter 42, Human Resources Code, or in a comparable residential   facility in another state; and                (2)  the department:                      (A)  has initiated suit and been named conservator   of the child; or                      (B)  has the duty of care, control, and custody   after taking possession of the child in an emergency without a prior   court order as authorized by this subtitle.          SECTION 15.  Sections 264.751(1) and (3), Family Code, are   amended to read as follows:                (1)  "Designated caregiver" means an individual who has   a longstanding and significant relationship with a child for whom   the department has been appointed managing conservator and who:                      (A)  is appointed to provide substitute care for   the child, but is not licensed by the department or verified by a   licensed child-placing agency or the department to operate a   specialized child-care [foster home, foster group] home or[,]   agency foster home[, or agency foster group home] under Chapter 42,   Human Resources Code; or                      (B)  is subsequently appointed permanent managing   conservator of the child after providing the care described by   Paragraph (A).                (3)  "Relative caregiver" means a relative who:                      (A)  provides substitute care for a child for whom   the department has been appointed managing conservator, but who is   not licensed by the department or verified by a licensed   child-placing agency or the department to operate a specialized   child-care [foster] home, general residential operation [foster   group home], agency foster home, or foster family operation [agency   foster group home] under Chapter 42, Human Resources Code; or                      (B)  is subsequently appointed permanent managing   conservator of the child after providing the care described by   Paragraph (A).          SECTION 16.  Section 264.760, Family Code, is amended to   read as follows:          Sec. 264.760.  ELIGIBILITY FOR FOSTER CARE PAYMENTS AND   PERMANENCY CARE ASSISTANCE. Notwithstanding any other provision of   this subchapter, a relative or other designated caregiver who   becomes licensed by the department or verified by a licensed   child-placing agency or the department to operate a specialized   child-care [foster] home or [, foster group home,] agency foster   home[, or agency foster group home] under Chapter 42, Human   Resources Code, may receive foster care payments in lieu of the   benefits provided by this subchapter, beginning with the first   month in which the relative or other designated caregiver becomes   licensed or is verified.          SECTION 17.  Section 264.8521, Family Code, is amended to   read as follows:          Sec. 264.8521.  NOTICE TO APPLICANTS. At the time a person   applies to become licensed by the department or verified by a   licensed child-placing agency or the department to provide foster   care in order to qualify for the permanency care assistance   program, the department or the child-placing agency shall:                (1)  notify the applicant that a background check,   including a criminal history record check, will be conducted on the   individual; and                (2)  inform the applicant about criminal convictions   that:                      (A)  preclude an individual from becoming a   licensed specialized child-care [foster] home or verified agency   foster home; and                      (B)  may also be considered in evaluating the   individual's application.          SECTION 18.  Section 531.151(3), Government Code, is amended   to read as follows:                (3)  "Institution" means:                      (A)  an ICF-IID, as defined by Section 531.002,   Health and Safety Code;                      (B)  a group home operated under the authority of   the Health and Human Services Commission [Department of Aging and   Disability Services], including a residential service provider   under a Medicaid waiver program authorized under Section 1915(c) of   the federal Social Security Act (42 U.S.C. Section 1396n), as   amended, that provides services at a residence other than the   child's home or a specialized child-care facility or agency foster   home;                      (C)  [a foster group home or an agency foster   group home as defined by Section 42.002, Human Resources Code;                      [(D)]  a nursing facility;                      (D) [(E)]  a general residential operation for   children with an intellectual disability that is licensed by the   Department of Family and Protective Services; or                      (E) [(F)]  another residential arrangement [other   than a foster home as defined by Section 42.002, Human Resources   Code,] that provides care to four or more children who are unrelated   to each other.          SECTION 19.  Section 31.002(b), Human Resources Code, is   amended to read as follows:          (b)  In this chapter, the term "dependent child" also applies   to a child:                (1)  who meets the specifications set forth in   Subsections (a)(1)-(4);                (2)  who has been removed from the home of a relative   specified in Subsection (a)(5) as a result of a judicial   determination that the child's residence there is contrary to his   or her welfare;                (3)  whose placement and care are the responsibility of   the Department of Family and Protective Services or an agency with   which the Department of Family and Protective Services has entered   into an agreement for the care and supervision of the child;                (4)  who has been placed in a residential [foster home   or] child-care facility [institution] by the Department of Family   and Protective Services; and                (5)  for whom the state may receive federal funds for   the purpose of providing foster care in accordance with rules   promulgated by the executive commissioner.          SECTION 20.  Section 31.008(d), Human Resources Code, is   amended to read as follows:          (d)  The commission may make payments on behalf of a   dependent child residing in a residential [foster family home or a]   child-care facility [institution] in accordance with the   provisions of this chapter and commission rules.          SECTION 21.  Section 42.002, Human Resources Code, is   amended by amending Subdivisions (4), (5), (6), (10), (12), (13),   and (19) and adding Subdivisions (24) and (25) to read as follows:                (4)  "General residential operation" means a   child-care facility that provides care for seven or more [than 12]   children for 24 hours a day, including facilities known as   [children's homes, halfway houses,] residential treatment   centers[,] and emergency shelters[, and therapeutic camps].                (5)  "Continuum-of-care residential operation" means a   group of residential child-care facilities that operate under the   same license or certification to provide a continuum of services to   children ["Foster group home" means a child-care facility that   provides care for 7 to 12 children for 24 hours a day].                (6)  "Foster family operation" means cottage family   homes that:                      (A)  are identified on the operation's license;                      (B)  share a child-care administrator who is   responsible for oversight for all homes within the operation; and                      (C)  are all in or near the same location as   defined by department rule [home" means a child-care facility that   provides care for not more than six children for 24 hours a day].                (10)  "Cottage family home" means a family residential   setting with one or more homes operating under the license of a   foster family operation and in which:                      (A)  each home has at least one houseparent who   lives at the home while children are in care; and                      (B)  based on the size of the home and the   children's needs, each home cares for not more than six children   ["Agency foster group home" means a facility that provides care for   seven to 12 children for 24 hours a day, is used only by a licensed   child-placing agency, and meets department standards].                (12)  "Child-placing agency" means a person, including   an organization, other than the natural parents or guardian of a   child who plans for the placement of or places a child in a   child-care facility, agency foster home, [agency foster group   home,] or adoptive home.                (13)  "Facilities" includes child-care facilities,   [and] child-placing agencies, and continuum-of-care residential   operations.                (19)  "Residential child-care facility" means a   facility licensed or certified by the department that operates for   all of the 24-hour day. The term includes general residential   operations, child-placing agencies, specialized child-care [foster   group] homes, foster family operations [homes], continuum-of-care   residential operations [agency foster group homes], and agency   foster homes.                (24)  "Specialized child-care home" means a child-care   facility that:                      (A)  based on the size of the home and the   children's needs, provides care for not more than six children for   24 hours a day; and                      (B)  has a director and has at least one   houseparent who lives at the home while children are in care.                (25)  "Family residential setting" means a setting that   is the least restrictive and most family-like for children in   foster care. The term includes agency foster homes, cottage family   homes, and specialized child-care homes.          SECTION 22.  Section 42.041(b), Human Resources Code, is   amended to read as follows:          (b)  This section does not apply to:                (1)  a state-operated facility;                (2)  an agency foster home [or agency foster group   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 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; [or]                (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); or                (24)  a facility that provides respite care exclusively   for a local mental health authority under a contract with the local   mental health authority.          SECTION 23.  Section 42.042, Human Resources Code, is   amended by amending Subsections (e-1), (g), and (h-1) and adding   Subsection (s) to read as follows:          (e-1)  The department may not prohibit possession of   lawfully permitted firearms and ammunition in [a foster home of any   type, including a foster group home, a foster home, an agency foster   group home, and] an agency foster home. Minimum standards may be   adopted under this section relating to safety and proper storage of   firearms and ammunition, including standards requiring firearms   and ammunition to be stored separately in locked locations.          (g)  In promulgating minimum standards the executive   commissioner may recognize and treat differently the types of   services provided by the following:                (1)  registered family homes;                (2)  child-care facilities, including general   residential operations, foster family operations [group homes],   specialized child-care [foster] homes, group day-care homes, and   day-care centers;                (3)  child-placing agencies;                (4)  agency foster homes;                (5)  continuum-of-care residential operations [agency   foster group homes];                (6)  before-school or after-school programs; and                (7)  school-age programs.          (h-1)  The executive commissioner shall adopt rules   governing:                (1)  the placement and care of children by a   child-placing agency, as necessary to ensure the health and safety   of those children;                (2)  the verification and monitoring of agency foster   homes[, agency foster group homes,] and adoptive homes by a   child-placing agency; and                (3)  if appropriate, child-placing agency staffing   levels, office locations, and administration.          (s)  A continuum-of-care residential operation shall ensure   that each residential child-care facility operating under the   operation's license complies with this chapter and any standards   and rules adopted under this chapter that apply to the facility.   The executive commissioner by rule may prescribe the actions a   continuum-of-care residential operation must take to comply with   the minimum standards for each facility type.          SECTION 24.  Section 42.0421(e), Human Resources Code, is   amended to read as follows:          (e)  In addition to other training required by this section,   the executive commissioner by rule shall require an owner,   operator, or employee of a day-care center, group day-care home,   registered family home, general residential operation, foster   family operation [group home], or specialized child-care [agency   foster group] home who transports a child under the care of the   facility whose chronological or developmental age is younger than   nine years of age to complete at least two hours of annual training   on transportation safety.          SECTION 25.  Section 42.044(e), Human Resources Code, is   amended to read as follows:          (e)  In addition to the department's responsibility to   investigate an agency foster home [or agency foster group home]   under Subsection (c), the department shall:                (1)  periodically conduct inspections of a random   sample of agency foster homes [and agency foster group homes];                (2)  investigate any report of a serious incident in an   agency foster home [or agency foster group home] that pertains to a   child under the age of six;                (3)  investigate any alleged violation of a minimum   standard by an agency foster home [or agency foster group home] that   poses a high degree of risk to a child in the care of the home who is   under the age of six; and                (4)  conduct at least one annual enforcement team   conference for each child-placing agency to thoroughly review the   investigations or inspections of the child-placing agency and all   of its agency foster homes to monitor and enforce compliance by a   child-placing agency with rules and standards established under   Section 42.042.          SECTION 26.  Section 42.0448, Human Resources Code, is   amended to read as follows:          Sec. 42.0448.  NOTIFICATION OF FAMILY VIOLENCE CALLS. The   department shall notify a child-placing agency or a   continuum-of-care residential operation that includes a   child-placing agency of each family violence report the department   receives under Article 5.05, Code of Criminal Procedure, that:                (1)  occurred at an agency foster home verified by the   child-placing agency; or                (2)  involves a person who resides at an agency foster   home verified by the child-placing agency.          SECTION 27.  Section 42.0449, Human Resources Code, is   amended to read as follows:          Sec. 42.0449.  REQUIRED ACTIONS AFTER NOTICE OF FAMILY   VIOLENCE CALL. The executive commissioner shall adopt rules   specifying the actions that the department, a specialized   child-care [an independent foster] home, [and] a child-placing   agency, and a continuum-of-care residential operation that   includes a child-placing agency shall take after receiving notice   of a family violence report under Article 5.05, Code of Criminal   Procedure, or Section 42.0448 to ensure the health, safety, and   welfare of each child residing in the specialized child-care   [licensed foster] home or verified agency foster home.          SECTION 28. Section 42.045(d), Human Resources Code, is   amended to read as follows:          (d)  A [An independent foster home and a] child-placing   agency or a specialized child-care home that is the primary   residence of a caregiver shall notify the department of any change   of address for [a licensed foster home or] a verified agency foster   home or specialized child-care home. The [independent foster home   and] child-placing agency and specialized child-care home shall   notify the department of the address change within the earlier of   two business days or 72 hours of the date the verified agency foster   home or specialized child-care home changes its address.          SECTION 29.  The heading to Section 42.0451, Human Resources   Code, is amended to read as follows:          Sec. 42.0451.  DATABASE OF VERIFIED AGENCY FOSTER HOMES AND   SPECIALIZED CHILD-CARE HOMES; INFORMATION PROVIDED TO DEPARTMENT   OF PUBLIC SAFETY.          SECTION 30.  Sections 42.0451(a) and (c), Human Resources   Code, are amended to read as follows:          (a)  The department shall maintain a database of specialized   child-care [licensed foster] homes that are the primary residence   of a caregiver and verified agency foster homes including the   current address for each specialized child-care home [licensed] or   verified agency foster home as reported to the department. The   database must be updated on a regular basis.          (c)  The Department of Public Safety shall include the   information provided under Subsection (b) in the Texas Crime   Information Center database and establish a procedure by which a   peace officer or employee of a law enforcement agency who provides   the department with a street address is automatically provided   information as to whether the address is licensed as a specialized   child-care home at the primary residence of a caregiver [foster   home] or verified as an agency foster home under this chapter.          SECTION 31.  Section 42.0452, Human Resources Code, is   amended to read as follows:          Sec. 42.0452.  FOSTER PARENT RIGHTS AND RESPONSIBILITIES   STATEMENT. (a) The department shall develop a statement that lists   the rights and responsibilities of a foster parent in a specialized   child-care [foster] home or an agency foster home and of the   department or a child-placing agency, as applicable.          (b)  The department shall provide a written copy of the   statement developed under Subsection (a) to each foster parent in a   specialized child-care [foster] home and to each child-placing   agency licensed by the department. A child-placing agency shall   provide a written copy of the statement developed under Subsection   (a) to each foster parent in an agency foster home verified by the   child-placing agency.          SECTION 32.  Section 42.046(a), Human Resources Code, is   amended to read as follows:          (a)  An applicant for a license to operate a child-care   facility, [or] child-placing agency, or continuum-of-care   residential operation or for a listing or registration to operate a   family home shall submit to the department the appropriate fee   prescribed by Section 42.054 and a completed application on a form   provided by the department.          SECTION 33.  The heading to Section 42.0461, Human Resources   Code, is amended to read as follows:          Sec. 42.0461.  PUBLIC NOTICE AND HEARING [IN CERTAIN   COUNTIES]: RESIDENTIAL CHILD CARE.          SECTION 34.  Sections 42.0461(a), (d), and (e), Human   Resources Code, are amended to read as follows:          (a)  Before the department may issue a license or certificate   for the operation or the expansion of the capacity [of a foster   group home or foster family home that is located in a county with a   population of less than 300,000 and that provides child care for 24   hours a day at a location other than the actual residence of a   child's primary caretaker or] of a general residential operation or   a continuum-of-care residential operation, the applicant for the   license, certificate, or expansion shall, at the applicant's   expense:                (1)  conduct a public hearing on the application in   accordance with department rules after notifying the department of   the date, time, and location of the hearing; and                (2)  publish notice of the application in a newspaper   of general circulation in the community in which the child-care   services are proposed to be provided.          (d)  Before issuing a license or certificate described by   Subsection (a), the department shall consider written information   provided by an interested party directly to the department's   representative at the public hearing concerning:                (1)  the amount of local resources available to support   children proposed to be served by the applicant;                (2)  the impact of the proposed child-care services on   the ratio in the local school district of students enrolled in a   special education program to students enrolled in a regular   education program and the effect, if any, on the children proposed   to be served by the applicant; and                (3)  the impact of the proposed child-care services on   the community and the effect on opportunities for social   interaction for the children proposed to be served by the   applicant.          (e)  Based on the written information provided to the   department's representative at the public hearing, the [The]   department may deny the application if the department determines   that:                (1)  the community has insufficient resources to   support children proposed to be served by the applicant;                (2)  granting the application would significantly   increase the ratio in the local school district of students   enrolled in a special education program to students enrolled in a   regular education program and the increase would adversely affect   the children proposed to be served by the applicant; or                (3)  granting the application would have a significant   adverse impact on the community and would limit opportunities for   social interaction for the children proposed to be served by the   applicant.          SECTION 35.  Subchapter C, Chapter 42, Human Resources Code,   is amended by adding Section 42.0463 to read as follows:          Sec. 42.0463.  EXPANSION OF CAPACITY. Notwithstanding the   limitations established by Section 42.002, the department may issue   an exception in accordance with department rules allowing an agency   foster home, cottage family home, or specialized child-care home to   expand its capacity and care for not more than eight children.          SECTION 36.  Section 42.048(e), Human Resources Code, is   amended to read as follows:          (e)  A license issued under this chapter is not transferable   and applies only to the operator and facility location stated in the   license application. Except as provided by this subsection, a   change in location or ownership automatically revokes a license. A   change in location of a child-placing agency does not automatically   revoke the license to operate the child-placing agency. A   residential child-care facility operating under the license of a   continuum-of-care residential operation that changes location may   not continue to operate under that license unless the department   approves the new location after the continuum-of-care residential   operation meets all requirements related to the new location.          SECTION 37.  Section 42.053, Human Resources Code, is   amended to read as follows:          Sec. 42.053.  AGENCY FOSTER HOMES [AND AGENCY FOSTER GROUP   HOMES]. (a) An agency foster home [or agency foster group home] is   considered part of the child-placing agency that operates the   agency foster home [or agency foster group home] for purposes of   licensing.          (b)  The operator of a licensed agency shall display a copy   of the license in a prominent place in the agency foster home [or   agency foster group home] used by the agency.          (c)  An agency foster home [or agency foster group home]   shall comply with all provisions of this chapter and all department   rules and standards that apply to a child-care facility caring for a   similar number of children for a similar number of hours each day.          (d)  The department shall revoke or suspend the license of a   child-placing agency if an agency foster home [or agency foster   group home] operated by the licensed agency fails to comply with   Subsection (c).          (e)  Before verifying an agency foster home, a child-placing   agency may issue a provisional verification to the home. The   executive commissioner by rule may establish the criteria for a   child-placing agency to issue a provisional verification to a   prospective agency foster home.          (f)  If a child-placing agency under contract with the child   protective services division of the department to provide services   as an integrated care coordinator places children with caregivers   described by Subchapter I, Chapter 264, Family Code, those   caregivers are not considered a part of the child-placing agency   for purposes of licensing.          SECTION 38.  Section 42.0531, Human Resources Code, is   amended to read as follows:          Sec. 42.0531.  SECURE AGENCY FOSTER HOMES [AND SECURE AGENCY   FOSTER GROUP HOMES]. (a) The commissioners court of a county or   governing body of a municipality may contract with a child-placing   agency to verify a secure agency foster home [or secure agency   foster group home] to provide a safe and therapeutic environment   tailored to the needs of children who are victims of trafficking.          (b)  A child-placing agency may not verify a secure agency   foster home [or secure agency foster group home] to provide   services under this section unless the child-placing agency holds a   license issued under this chapter that authorizes the agency to   provide services to victims of trafficking in accordance with   department standards adopted under this chapter for child-placing   agencies.          (c)  A secure agency foster home [or secure agency foster   group home] verified under this section must provide:                (1)  mental health and other services specifically   designed to assist children who are victims of trafficking under   Section 20A.02 or 20A.03, Penal Code, including:                      (A)  victim and family counseling;                      (B)  behavioral health care;                      (C)  treatment and intervention for sexual   assault;                      (D)  education tailored to the child's needs;                      (E)  life skills training;                      (F)  mentoring; and                      (G)  substance abuse screening and treatment as   needed;                (2)  individualized services based on the trauma   endured by a child, as determined through comprehensive assessments   of the service needs of the child;                (3)  24-hour services; and                (4)  appropriate security through facility design,   hardware, technology, and staffing.          SECTION 39.  Sections 42.0535(a), (b), (d), and (e), Human   Resources Code, are amended to read as follows:          (a)  A child-placing agency that seeks to verify an agency   home [or an agency group home] shall request background information   about the agency home [or group home] from a child-placing agency   that has previously verified that agency home [or agency group   home].          (b)  Notwithstanding Section 261.201, Family Code, a   child-placing agency that has verified an agency home [or an agency   group home] is required to release to another child-placing agency   background information requested under Subsection (a).          (d)  For purposes of this section, background information   means the home study under which the agency home [or agency group   home] was verified by the previous child-placing agency and any   record of noncompliance with state minimum standards received and   the resolution of any such noncompliance by the previous   child-placing agency.          (e)  The executive commissioner by rule shall develop a   process by which a child-placing agency shall report to the   department:                (1)  the name of any verified agency foster home [or   foster group home] that has been closed for any reason, including a   voluntary closure;                (2)  information regarding the reasons for the closure   of the agency foster home [or foster group home]; and                (3)  the name and other contact information of a person   who may be contacted by another child-placing agency to obtain the   records relating to the closed agency foster home [or foster group   home] that are required to be maintained and made available under   this section.          SECTION 40.  Sections 42.054(a), (d), and (g), Human   Resources Code, are amended to read as follows:          (a)  The department shall charge an applicant a   nonrefundable application fee for an initial license to operate a   child-care facility, [or] a child-placing agency, or a   continuum-of-care residential operation.          (d)  The department shall charge each licensed child-placing   agency or continuum-of-care residential operation an annual   license fee. The fee is due on the date on which the department   issues the [child-placing agency's] initial license to the   child-placing agency or continuum-of-care residential operation   and on the anniversary of that date.          (g)  The provisions of Subsections (b) through (f) do not   apply to:                (1)  [licensed foster homes and licensed foster group   homes;                [(2)]  nonprofit facilities regulated under this   chapter that provided 24-hour care for children in the managing   conservatorship of the department during the 12-month period   immediately preceding the anniversary date of the facility's   license;                (2) [(3)]  facilities operated by a nonprofit   corporation or foundation that provides 24-hour residential care   and does not charge for the care provided; or                (3) [(4)]  a family home listed under Section 42.0523   in which the relative child-care provider cares for the child in the   child's own home.          SECTION 41.  Section 42.0561, Human Resources Code, is   amended to read as follows:          Sec. 42.0561.  INFORMATION RELATING TO FAMILY VIOLENCE   REPORTS. Before [the department may issue a license or   registration for a foster home or] a child-placing agency may issue   a verification certificate for an agency foster home, the   [department or] child-placing agency must obtain information   relating to each family violence report at the applicant's   residence to which a law enforcement agency responded during the 12   months preceding the date of the application. The applicant shall   provide the information on a form prescribed by the department.          SECTION 42.  Section 42.063(d), Human Resources Code, is   amended to read as follows:          (d)  An employee or volunteer of a general residential   operation, child-placing agency, continuum-of-care residential   operation, foster family operation [home], or specialized   child-care [foster group] home shall report any serious incident   directly to the department if the incident involves a child under   the care of the operation, agency, or home.          SECTION 43.  Sections 42.0461(f) and (g), Human Resources   Code, are repealed.          SECTION 44.  This Act applies only to a license or   registration issued or renewed on or after the effective date of   this Act. Facilities licensed or registered in a facility category   that is not continued following the changes in law made by this Act   shall continue to operate under the license or registration as it   existed before the effective date of this Act until the license or   registration is expired. The facilities must renew a license or   registration under the new license or registration category.          SECTION 45.  This Act takes effect September 1, 2017.