PART 1. HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 744. MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §744.405, concerning What telephone numbers must I post and where must I post them; §744.501, concerning What written operational policies must I have; and §744.2801, concerning To whom may I release children; and new §744.521, concerning What rights does a parent of a child in care of my child-care operation have, in Texas Administrative Code, Title 26, Chapter 744, Minimum Standards for School-Age and Before or After-School Programs.
BACKGROUND AND PURPOSE
The purpose of this proposal is to implement Senate Bill (S.B.) 1098, 88th Legislature, Regular Session, 2023. S.B. 1098 amended Texas Human Resources Code (HRC), Chapter 42, by adding §42.04271 to establish specific rights of the parent or guardian of a child enrolled in a licensed or registered child day care operation. Accordingly, HHSC Child Care Regulation (CCR) is proposing rules in Chapter 744 that will (1) establish new requirements related to parent rights, and (2) update and clarify current requirements that are related to parent rights.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §744.405 (1) updates the rule title to reflect that a child-care operation must post contact information in addition to telephone numbers; (2) adds new subsection (b) so the posting requirement is consistent: a child-care operation must post the name, address, and telephone number for both the local CCR office and the child-care operation; (3) updates a reference from "Licensing" to "Child Care Regulation"; and (4) renumbers subsections in the rule accordingly.
The proposed amendment to §744.501 (1) adds a requirement that a child-care operation include, in its written operational policies, procedures that address parent rights that are consistent with rules in new Division 5 of Subchapter B; (2) removes operational policy requirements that have been moved to new Division 5; (3) reorganizes a paragraph in the rule to consolidate information and improve readability; and (4) renumbers paragraphs in the rule accordingly.
Proposed new Division 5, Parent Rights, in Subchapter B, Administration and Communication, contains new rules related to the rights of a parent with a child enrolled in a child-care operation.
Proposed new §744.521 outlines the rights of a parent with a child enrolled in a child-care operation, including the right to (1) enter and examine the child-care operation without advance notice; (2) file a complaint against the child-care operation; (3) review the child-care operation's publicly accessible records; (4) review written records about the parent's child; (5) receive from the child-care operation (A) HHSC inspection reports regarding the operation, and (B) information regarding how to access the operation's compliance history online; (6) have the child-care operation comply with a court order limiting the rights of another parent to visit or pick up the child from the operation; (7) be provided with the contact information for CCR; (8) view any available video recordings maintained by the operation of an alleged incident of abuse or neglect involving the parent's child, with certain restrictions; (9) obtain a copy of the child-care operation's policies and procedures; (10) review upon request (A) staff training records, and (B) in-house training curriculum, if any; and (11) be free from retaliation for exercising any of the parent's rights.
The proposed amendment to §744.2801 (1) updates the rule title; (2) updates language to improve readability; and (3) adds new subsection (b) to require a child-care operation, upon request from the parent who enrolled the child in the operation, to comply with a court order preventing another parent from removing the child from the operation.
FISCAL NOTE
Trey Wood, Chief Financial Officer, has determined that for each year of the first five years that the rules will be in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the rules will be in effect:
(1) the proposed rules will not create or eliminate a government program;
(2) implementation of the proposed rules will not affect the number of HHSC employee positions;
(3) implementation of the proposed rules will result in no assumed change in future legislative appropriations;
(4) the proposed rules will not affect fees paid to HHSC;
(5) the proposed rules will create a new regulation;
(6) the proposed rules will expand existing regulations;
(7) the proposed rules will not change the number of individuals subject to the rules; and
(8) the proposed rules will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the rules do not impose any additional costs on small businesses, micro-businesses, or rural communities that are required to comply with the rules.
LOCAL EMPLOYMENT IMPACT
The proposed rules will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these rules because the rules are necessary to protect the health, safety, and welfare of the residents of Texas; do not impose a cost on regulated persons; and are necessary to implement legislation that does not specifically state that §2001.0045 applies to the rules.
PUBLIC BENEFIT AND COSTS
Rachel Ashworth-Mazerolle, Associate Commissioner for Child Care Regulation, has determined that for each year of the first five years the rules are in effect, the public benefit will be rules that (1) clearly outline the rights of a parent who has a child enrolled in a licensed or registered child day care operation, and (2) comply with state law.
Trey Wood has also determined that for the first five years the rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because the rules do not impose fees, require a child-care operation to purchase curriculum or equipment, or require a child-care operation to alter current staffing patterns.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Questions about the content of this proposal may be directed to Aimee Belden by email at Aimee.Belden@hhs.texas.gov.
Written comments on the proposal may be submitted to Aimee Belden, Rules Writer, Child Care Regulation, Texas Health and Human Services Commission, E-550, P.O. Box 149030, Austin, Texas 78714-9030; or by email to CCRRules@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 23R075" in the subject line.
SUBCHAPTER B. ADMINISTRATION AND COMMUNICATION
DIVISION 3. REQUIRED POSTINGS
STATUTORY AUTHORITY
The amendment is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Government Code §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out HHSC's duties under Chapter 531 of Texas Government Code. In addition, HRC §42.042(a) requires HHSC to adopt rules to carry out the requirements of Chapter 42 of HRC.
The amendment affects Texas Government Code §531.0055 and HRC §42.042.
§744.405.What telephone numbers and
other contact information must I post and where must I post this
information [them]?
(a) You must post in a prominent place the following telephone numbers:
(1) 911 or, if 911 is not available in your area, you must post the telephone numbers for:
(A) Emergency medical services;
(B) Law enforcement; and
(C) Fire department;
(2) Poison control (1-800-222-1222); and
(3) The Texas Abuse and Neglect Hotline
(1-800-252-5400).[;]
(b) You must post in a prominent place the name, address, and telephone number for:
(1) [(4)] The local Child
Care Regulation [Licensing] office [telephone
number]; and
(2) [(5)] The operation [operation's telephone number, name, and
address].
(c) [(b)] If you use cellular
phone service at your operation, you must ensure all employees and
caregivers know the address of the operation to direct emergency personnel
to the operation when dialing 911 from the operation.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 3, 2024.
TRD-202401375
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 19, 2024
For further information, please call: (512) 438-3269
STATUTORY AUTHORITY
The amendment is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Government Code §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out HHSC's duties under Chapter 531 of Texas Government Code. In addition, HRC §42.042(a) requires HHSC to adopt rules to carry out the requirements of Chapter 42 of HRC.
The amendment affects Texas Government Code §531.0055 and HRC §42.042.
§744.501.What written operational policies must I have?
You must develop written operational policies and procedures that at a minimum address each of the following:
(1) Hours, days, and months of operation;
(2) Procedures for the release of children;
(3) Illness and exclusion criteria;
(4) Procedures for dispensing medication or a statement that medication is not dispensed;
(5) Procedures for handling medical emergencies;
(6) Procedures for parental notifications;
(7) Discipline and guidance that is consistent with Subchapter G of this chapter (relating to Discipline and Guidance). A copy of Subchapter G may be used for your discipline and guidance policy, unless you use disciplinary and training measures specific to a skills-based program, as specified in §744.2109 of this chapter (relating to May I use disciplinary measures that are fundamental to teaching a skill, talent, ability, expertise, or proficiency?);
(8) Suspension and expulsion of children;
(9) Meals and food service practices;
(10) Immunization requirements for children, including tuberculosis screening and testing if required by your regional Texas Department of State Health Services or local health authority;
(11) Enrollment procedures, including how and when parents will be notified of policy changes;
(12) Transportation, if applicable;
(13) Water activities, if applicable;
(14) Field trips, if applicable;
(15) Animals, if applicable;
(16) Procedures for providing and applying, as needed, insect repellent and sunscreen, including what types will be used, if applicable;
(17) Parent rights that are consistent with the rules in Division 5 of this subchapter (relating to Parent Rights);
(18) [(17)] Procedures for parents
to review and discuss with the director any questions or concerns
about the policies and procedures of the operation;
[(18) Procedures for parents to visit
the operation at any time during your hours of operation to observe
their child, program activities, the building, the premises, and equipment
without having to secure prior approval;]
(19) Procedures for parents to participate in the operation's activities;
(20) Instructions on [Procedures for
parents to review a copy of the operation's most recent Licensing
inspection report and] how a [the] parent
may access the:
(A) Minimum [minimum]
standards online;
(B) Texas Abuse and Neglect Hotline; and
(C) HHSC website.
[(21) Instructions on how a parent
may contact the local Licensing office, access the Texas Abuse and
Neglect Hotline, and access the HHSC website;]
(21) [(22)] Emergency preparedness plan;
(22) [(23)] Procedures for conducting
health checks, if applicable;
(23) [(24)] Information on vaccine-preventable
diseases for employees, unless your operation is in the home of the
permit holder, the director, or a caregiver. The policy must address
the requirements outlined in §744.2581 of this chapter (relating
to What must a policy for protecting children from vaccine-preventable
diseases include?);
(24) [(25)] If your operation
maintains and administers unassigned epinephrine auto-injectors to
use when a child in care has an emergency anaphylaxis reaction, policies
for maintenance, administration, and disposal of unassigned epinephrine
auto-injectors that comply with the unassigned epinephrine auto-injector
requirements set by the Texas Department of State Health Services,
as specified in Texas Administrative Code, Title 25, [TAC] Chapter 40, Subchapter C (relating to Epinephrine Auto-Injector
Policies in Youth Facilities) and Texas Health and Safety Code §773.0145; and
(25) [(26)] Procedures for supporting
inclusive services to children with special care needs. The policy
must address the requirements outlined in §744.2009 of this chapter
(relating to What are my responsibilities when planning activities
for a child in care with special care needs?)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 3, 2024.
TRD-202401376
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 19, 2024
For further information, please call: (512) 438-3269
STATUTORY AUTHORITY
The new section is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Government Code §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out HHSC's duties under Chapter 531 of Texas Government Code. In addition, HRC §42.042(a) requires HHSC to adopt rules to carry out the requirements of Chapter 42 of HRC.
The new section affects Texas Government Code §531.0055 and HRC §42.042.
§744.521.What rights does a parent of a child in care of my child-care operation have?
A parent of a child in care has the right to:
(1) Enter and examine your operation during its hours of operation without advance notice;
(2) File a complaint against your operation;
(3) Review your operation's publicly accessible records;
(4) Review your operation's written records concerning the parent's child, as outlined in §744.601 of this chapter (relating to Who has the right to access children's records?);
(5) Receive from your operation:
(A) HHSC's inspection reports for your operation; and
(B) Information regarding how to access your operation's compliance history online;
(6) Have your operation comply with a court order preventing another parent from visiting or removing the parent's child from your operation, as outlined in §744.2801 of this chapter (relating to To whom may I release a child?);
(7) Be provided with contact information for Child Care Regulation, including the department's name, address, and telephone number;
(8) View any video recordings of an alleged incident of abuse or neglect involving the parent's child maintained by your operation as long as:
(A) Video recordings of the alleged incident are available;
(B) The parent is not allowed to retain any portion of the video depicting a child who is not the parent's child; and
(C) Your operation notifies in writing the parent of any other child captured in the video recording, before allowing the parent to inspect the video recording;
(9) Obtain a copy of your operation's policies and procedures, as outlined in §744.503 of this subchapter (relating to Must I provide parents with a copy of my operational policies?);
(10) Review, upon request of the parent, your:
(A) Staff training records; and
(B) In-house training curriculum, if any; and
(11) Be free from any retaliatory action by your operation for exercising any of the parent's rights.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 3, 2024.
TRD-202401377
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 19, 2024
For further information, please call: (512) 438-3269
DIVISION 5. RELEASE OF CHILDREN
STATUTORY AUTHORITY
The amendment is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Government Code §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out HHSC's duties under Chapter 531 of Texas Government Code. In addition, HRC §42.042(a) requires HHSC to adopt rules to carry out the requirements of Chapter 42 of HRC.
The amendment affects Texas Government Code §531.0055 and HRC §42.042.
§744.2801.To whom may I release a child [children]?
(a) You must release a child [children
] only to a parent or a person designated by the parent.
(b) Upon request from the parent who placed a child in your care, you must comply with a court order that prevents another parent from removing the child from your operation.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 3, 2024.
TRD-202401378
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 19, 2024
For further information, please call: (512) 438-3269
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §746.405, concerning What telephone numbers must I post and where must I post them; §, concerning What written operational policies must I have; §746.1317, concerning Must the training for my caregivers and the director meet certain criteria; and §746.4101, concerning Who may I release children to; and new §746.521, concerning What rights does a parent of a child in care of my child-care center have, in Texas Administrative Code, Title 26, Chapter 746, Minimum Standards for Child-Care Centers.
BACKGROUND AND PURPOSE
The purpose of the proposal is to implement Senate Bill (S.B.) 1098 and S.B. 1242, 88th Legislature, Regular Session, 2023. S.B. 1098 amended Texas Human Resources Code (HRC), Chapter 42, by adding §42.04271 to establish specific rights of the parent or guardian of a child enrolled in a licensed or registered child day care operation. S.B. 1242 amended HRC §42.0421 by adding Subsection (g-1) to allow a child-care center director to provide training to center staff if the individual was not the director of the child-care center at the time HHSC Child Care Regulation (CCR) imposed an administrative penalty on the operation. Accordingly, CCR is proposing rules in Chapter 746 that will (1) establish new requirements related to parent rights, (2) update and clarify current requirements that are related to parent rights, and (3) update a requirement related to the criteria a child-care center director must meet to provide training to the director's staff.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §746.405 (1) updates the rule title to reflect that a child-care center must post contact information in addition to telephone numbers; (2) adds new subsection (b) so the posting requirement is consistent: a child-care center must post the name, address, and telephone number for both the local CCR office and the child-care center; and (3) updates a reference from "Licensing" to "Child Care Regulation."
The proposed amendment to § (1) adds a requirement that a child-care center include, in its written operational policies, procedures that address parent rights that are consistent with rules in new Division 5 of Subchapter B; (2) removes operational policy requirements that have been moved to new Division 5; (3) reorganizes a paragraph in the rule to consolidate information and improve readability; and (4) renumbers paragraphs in the rule accordingly.
Proposed new Division 5, Parent Rights, in Subchapter B, Administration and Communication, contains new rules related to the rights of a parent with a child enrolled in a child-care center.
Proposed new §746.521 outlines the rights of a parent with a child enrolled in a child-care center, including the right to (1) enter and examine the child-care center without advance notice; (2) file a complaint against the child-care center; (3) review the child-care center's publicly accessible records, (4) review written records about the parent's child; (5) receive from the child-care center (A) HHSC inspection reports regarding the center and (B) information regarding how to access the center's compliance history online; (6) have the child-care center comply with a court order limiting the rights of another parent to visit or pick up the child from the center; (7) be provided with the contact information for CCR; (8) view any available video recordings maintained by the center of an alleged incident of abuse or neglect involving the parent's child, with certain restrictions; (9) obtain a copy of the child-care center's policies and procedures; (10) review upon request (A) staff training records, and (B) in-house training curriculum, if any; and (11) be free from retaliation for exercising any of the parent's rights.
The proposed amendment to §746.1317 (1) updates language to clarify which adverse actions prohibit a director from training staff; (2) updates a limitation on a director's ability to train staff if HHSC has issued an administrative penalty to the child-care center within the previous two years to allow the director to train staff if the individual was not the director at the time HHSC issued the penalty; and (3) renumbers subparagraphs accordingly.
The proposed amendment to §746.4101 (1) updates the rule title; (2) updates language to improve readability; and (3) adds new subsection (b) to require a child-care center, upon request from the parent who enrolled the child in the center, to comply with a court order preventing another parent from removing the child from the center.
FISCAL NOTE
Trey Wood, Chief Financial Officer, has determined that for each year of the first five years that the rules will be in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the rules will be in effect:
(1) the proposed rules will not create or eliminate a government program;
(2) implementation of the proposed rules will not affect the number of HHSC employee positions;
(3) implementation of the proposed rules will result in no assumed change in future legislative appropriations;
(4) the proposed rules will not affect fees paid to HHSC;
(5) the proposed rules will create a new regulation;
(6) the proposed rules will expand existing regulations;
(7) the proposed rules will not change the number of individuals subject to the rules; and
(8) the proposed rules will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the rules do not impose any additional costs on small businesses, micro-businesses, or rural communities that are required to comply with the rules.
LOCAL EMPLOYMENT IMPACT
The proposed rules will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these rules because the rules are necessary to protect the health, safety, and welfare of the residents of Texas; do not impose a cost on regulated persons; and are necessary to implement legislation that does not specifically state that §2001.0045 applies to the rules.
PUBLIC BENEFIT AND COSTS
Rachel Ashworth-Mazerolle, Associate Commissioner for Child Care Regulation, has determined that for each year of the first five years the rules are in effect, the public benefit will be rules that (1) clearly outline the rights of a parent who has a child enrolled in a licensed or registered child day care operation, (2) allow caregivers in child-care centers to access training more easily, and (3) comply with state law.
Trey Wood has also determined that for the first five years the rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because the rules do not impose fees, require a child-care center to purchase curriculum or equipment, or require a child-care center to alter current staffing patterns.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Questions about the content of this proposal may be directed to Aimee Belden by email at Aimee.Belden@hhs.texas.gov.
Written comments on the proposal may be submitted to Aimee Belden, Rules Writer, Child Care Regulation, Texas Health and Human Services Commission, E-550, P.O. Box 149030, Austin, Texas 78714-9030; or by email to CCRRules@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 23R075" in the subject line.
SUBCHAPTER B. ADMINISTRATION AND COMMUNICATION
DIVISION 3. REQUIRED POSTINGS
STATUTORY AUTHORITY
The amendment is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Government Code §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out HHSC's duties under Chapter 531 of Texas Government Code. In addition, HRC §42.042(a) requires HHSC to adopt rules to carry out the requirements of Chapter 42 of HRC.
The amendment affects Texas Government Code §531.0055 and HRC §42.042.
§746.405.What telephone numbers and
other contact information must I post and where must I post this
information [them]?
(a) You must post in a prominent place the following telephone numbers:
(1) 911 or, if 911 is not available in your area, you must post the telephone numbers for:
(A) Emergency medical services;
(B) Law enforcement; and
(C) Fire department;
(2) Poison control (1-800-222-1222); and
(3) The Texas Abuse and Neglect Hotline (1-800-252-5400).
[;]
[(4) The local Licensing office telephone
number; and]
[(5) The child-care center telephone number, name, and address.]
(b) You must post in a prominent place the name, address, and telephone number for:
(1) The local Child Care Regulation office; and
(2) The child-care center.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 3, 2024.
TRD-202401379
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 19, 2024
For further information, please call: (512) 438-3269
STATUTORY AUTHORITY
The amendment is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Government Code §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out HHSC's duties under Chapter 531 of Texas Government Code. In addition, HRC §42.042(a) requires HHSC to adopt rules to carry out the requirements of Chapter 42 of HRC.
The amendment affects Texas Government Code §531.0055 and HRC §42.042.
§746.501.What written operational policies must I have?
(a) You must develop written operational policies and procedures that at a minimum address each of the following:
(1) Hours, days, and months of operation;
(2) Procedures for the release of children;
(3) Illness and exclusion criteria;
(4) Procedures for dispensing medication or a statement that medication is not dispensed;
(5) Procedures for handling medical emergencies;
(6) Procedures for parental notifications;
(7) Discipline and guidance that is consistent with Subchapter L of this chapter (relating to Discipline and Guidance). A copy of Subchapter L may be used for your discipline and guidance policy;
(8) Suspension and expulsion of children;
(9) Safe sleep policy for infants from birth through 12 months old that is consistent with the rules in Subchapter H of this chapter (relating to Basic Requirements for Infants) that relate to sleep requirements and restrictions, including sleep positioning, and crib requirements and restrictions, including mattresses, bedding, blankets, toys, and restrictive devices;
(10) Meals and food service practices;
(11) Immunization requirements for children, including tuberculosis screening and testing if required by your regional Texas Department of State Health Services or local health authority;
(12) Hearing and vision screening requirements;
(13) Enrollment procedures, including how and when parents will be notified of policy changes;
(14) Transportation, if applicable;
(15) Water activities, if applicable;
(16) Field trips, if applicable;
(17) Animals, if applicable;
(18) Promotion of indoor and outdoor physical activity that is consistent with Subchapter F of this chapter (relating to Developmental Activities and Activity Plan); your policies must include:
(A) The benefits of physical activity and outdoor play;
(B) The duration of physical activity at your operation, both indoor and outdoor;
(C) The type of physical activity (structured and unstructured) that children may engage in at your operation;
(D) Each setting in which your physical activity program will take place;
(E) The recommended clothing and footwear that will allow a child to participate freely and safely in physical activities;
(F) The criteria you will use to determine when extreme weather conditions pose a significant health risk that prohibits or limits outdoor play; and
(G) A plan to ensure physical activity occurs on days when extreme weather conditions prohibit or limit outdoor play.
(19) Procedures for providing and applying, as needed, insect repellent and sunscreen, including what types will be used, if applicable;
(20) Parent rights that are consistent with the rules in Division 5 of this subchapter (relating to Parent Rights);
(21) [(20)] Procedures for parents
to review and discuss with the child-care center director any questions
or concerns about the policies and procedures of the child-care center;
(22) [(21)] Procedures for parents
to participate in the child-care center's operation and activities;
(23) [(22)] Instructions
on how a [Procedures for parents to review a copy of the
child-care center's most recent Licensing inspection report and how
the] parent may access the: [minimum standards
online;]
(A) Minimum standards online;
(B) Texas Abuse and Neglect Hotline; and
(C) HHSC website.
[(23) Instructions on how a parent
may contact the local Licensing office, access the Texas Abuse and
Neglect Hotline, and access the HHSC website;]
(24) Your emergency preparedness plan;
(25) Your provisions to provide a comfortable place with an adult sized seat in your center or within a classroom that enables a mother to breastfeed her child. In addition, your policies must inform parents that they have the right to breastfeed or provide breast milk for their child while in care;
(26) Preventing and responding to abuse and neglect of children, including:
(A) Required annual training for employees;
(B) Methods for increasing employee and parent awareness of issues regarding child abuse and neglect, including warning signs that a child may be a victim of abuse or neglect and factors indicating a child is at risk for abuse or neglect;
(C) Methods for increasing employee and parent awareness of prevention techniques for child abuse and neglect;
(D) Strategies for coordination between the center and appropriate community organizations; and
(E) Actions that the parent of a child who is a victim of abuse or neglect should take to obtain assistance and intervention, including procedures for reporting child abuse or neglect;
(27) Procedures for conducting health checks, if applicable;
(28) Information on vaccine-preventable diseases for employees, unless your center is in the home of the permit holder. The policy must address the requirements outlined in §746.3611 of this chapter (relating to What must a policy for protecting children from vaccine-preventable diseases include?);
(29) If your operation maintains and administers unassigned
epinephrine auto-injectors to use when a child in care has an emergency
anaphylaxis reaction, policies for maintenance, administration, and
disposal of unassigned epinephrine auto-injectors that comply with
the unassigned epinephrine auto-injector requirements set by the Texas
Department of State Health Services, as specified in Texas Administrative
Code, Title 25, [TAC] Chapter 40, Subchapter
C (relating to Epinephrine Auto-Injector Policies in Youth Facilities)
and in Texas Health and Safety Code §773.0145; and
(30) Procedures for supporting inclusive services to children with special care needs. The policy must address the requirements outlined in §746.2202 of this chapter (relating to What are my responsibilities when planning activities for a child in care with special care needs?).
(b) You must also inform the parents that, any
area within 1,000 feet of a child-care center is a gang-free zone,
where criminal offenses related to organized criminal activity are
subject to a harsher penalty under the Texas Penal Code. You may inform
the parents by: [:]
(1) Providing this information in the operational policies;
[(1) They may visit the child-care
center at any time during your hours of operation to observe their
child, the program activities, the building, the premises, and the
equipment without having to secure prior approval; and]
(2) Distributing the information in writing to the parents; or
[(2) Under the Texas Penal Code] any area within 1,000 feet of a child-care center is a gang-free zone, where criminal offenses related to organized criminal activity are subject to a harsher penalty. You may inform the parents by:
[(A) Providing this information in the operational policies;]
[(B) Distributing the information in writing to the parents; or]
[(C) Informing the parents verbally as part of an individual or group parent orientation.]
(3) Informing the parents verbally as part of an individual or group parent orientation.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 3, 2024.
TRD-202401380
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 19, 2024
For further information, please call: (512) 438-3269
STATUTORY AUTHORITY
The new section is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Government Code §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out HHSC's duties under Chapter 531 of Texas Government Code. In addition, HRC §42.042(a) requires HHSC to adopt rules to carry out the requirements of Chapter 42 of HRC.
The new section affects Texas Government Code §531.0055 and HRC §42.042.
§746.521.What rights does a parent of a child in care of my child-care center have?
A parent of a child in care has the right to:
(1) Enter and examine your center during its hours of operation without advance notice;
(2) File a complaint against your center;
(3) Review your center's publicly accessible records;
(4) Review your center's written records concerning the parent's child, as outlined in §746.601 of this chapter (relating to Who has the right to access children's records?);
(5) Receive from your center:
(A) HHSC's inspection reports for your center; and
(B) Information regarding how to access your center's compliance history online;
(6) Have your center comply with a court order preventing another parent from visiting or removing the parent's child from your center, as outlined in §746.4101 of this chapter (relating to To whom may I release a child?);
(7) Be provided with contact information for Child Care Regulation, including the department's name, address, and telephone number;
(8) View any video recordings of an alleged incident of abuse or neglect involving the parent's child maintained by your center as long as:
(A) Video recordings of the alleged incident are available;
(B) The parent is not allowed to retain any portion of the video depicting a child who is not the parent's child; and
(C) Your center notifies in writing the parent of any other child captured in the video recording, before allowing the parent to inspect the video recording;
(9) Obtain a copy of your center's policies and procedures, as outlined in §746.503 of this subchapter (relating to Must I provide parents with a copy of my operational policies?);
(10) Review, upon request of the parent, your:
(A) Staff training records; and
(B) In-house training curriculum, if any; and
(11) Be free from any retaliatory action by your center for exercising any of the parent's rights.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 3, 2024.
TRD-202401381
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 19, 2024
For further information, please call: (512) 438-3269
DIVISION 4. PROFESSIONAL DEVELOPMENT
STATUTORY AUTHORITY
The amendment is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Government Code §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out HHSC's duties under Chapter 531 of Texas Government Code. In addition, HRC §42.042(a) requires HHSC to adopt rules to carry out the requirements of Chapter 42 of HRC.
The amendment affects Texas Government Code §531.0055 and HRC §42.042.
§746.1317.Must the training for my caregivers and the director meet certain criteria?
(a) Training may include clock hours or CEUs provided by:
(1) A training provider registered with the Texas Early Childhood Professional Development System Training Registry, maintained by the Texas Head Start State Collaboration Office;
(2) An instructor who teaches early childhood development or another relevant course at a secondary school or institution of higher education accredited by a recognized accrediting agency;
(3) An employee of a state agency with relevant expertise;
(4) A physician, psychologist, licensed professional counselor, social worker, or registered nurse;
(5) A person who holds a generally recognized credential or possesses documented knowledge relevant to the training the person will provide;
(6) A director at your child-care center if:
(A) The director has demonstrated core knowledge in child development and caregiving;
(B) HHSC has not placed your center on probation
or suspended, revoked, or refused to renew your permit [Your
child-care center has not been on probation, suspension, emergency
suspension, or revocation in the two years preceding the training
or been assessed an administrative penalty] in the two years
preceding the training; [and]
(C) HHSC has not assessed an administrative penalty against your center during the previous two years while your director was serving in that role; and
(D) [(C)] The only caregivers
receiving the training are employees of your [child-care] center.
(7) A person who has at least two years of experience working in child development, a child development program, early childhood education, a childhood education program, or a Head Start or Early Head Start program and:
(A) Has a current Child Development Associate (CDA) credential; or
(B) Holds at least an associate degree in child development, early childhood education, or a related field.
(b) Training may include clock hours or CEUs obtained through self-instructional materials, if the materials were developed by a person who meets one of the qualifications in subsection (a) of this section.
(c) Instructor-led and self-instructional training, but not self-study training, must include:
(1) Specifically stated learning objectives;
(2) A curriculum, which includes experiential or applied activities;
(3) An evaluation/assessment tool to determine whether the person has obtained the information necessary to meet the stated objectives; and
(4) A certificate of successful completion from the training source.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 3, 2024.
TRD-202401382
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 19, 2024
For further information, please call: (512) 438-3269
DIVISION 5. RELEASE OF CHILDREN
STATUTORY AUTHORITY
The amendment is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Government Code §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out HHSC's duties under Chapter 531 of Texas Government Code. In addition, HRC §42.042(a) requires HHSC to adopt rules to carry out the requirements of Chapter 42 of HRC.
The amendment affects Texas Government Code §531.0055 and HRC §42.042.
§746.4101.To whom [Who] may I release a child [children to]?
(a) You must release a child [children
] only to a parent or a person designated by the parent.
(b) Upon request from the parent who placed a child in your care, you must comply with a court order that prevents another parent from removing the child from your center.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 3, 2024.
TRD-202401384
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 19, 2024
For further information, please call: (512) 438-3269
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §747.403, concerning What telephone numbers must I post and where must I post them; §747.501, concerning What written operational policies must I have; and §747.3901, concerning Who may I release children to; and new §747.521, concerning What rights does a parent of a child in care of my child-care home have, in Texas Administrative Code, Title 26, Chapter 747, Minimum Standards for Child-Care Homes.
BACKGROUND AND PURPOSE
The purpose of this proposal is to implement Senate Bill (S.B.) 1098, 88th Legislature, Regular Session, 2023. S.B. 1098 amended Texas Human Resources Code (HRC), Chapter 42, by adding §42.04271 to establish specific rights of the parent or guardian of a child enrolled in a licensed or registered child day care operation. Accordingly, HHSC Child Care Regulation (CCR) is proposing rules in Chapter 747 that will (1) establish new requirements related to parent rights; and (2) update and clarify current requirements that are related to parent rights.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §747.403 (1) updates the rule title to reflect that a child-care home must post contact information in addition to telephone numbers; (2) adds new subsection (b) so the posting requirement is consistent: a child-care home must post the name, address, and telephone number for both the local CCR office and the child-care home; and (3) updates a reference from "Licensing" to "Child Care Regulation."
The proposed amendment to §747.501 (1) adds a requirement that a child-care home include, in its written operational policies, procedures that address parent rights that are consistent with rules in new Division 5 of Subchapter B; (2) removes operational policy requirements that have been moved to new Division 5; (3) reorganizes a paragraph in the rule to consolidate information and improve readability; and (4) renumbers paragraphs in the rule accordingly.
Proposed new Division 5, Parent Rights, in Subchapter B, Administration and Communication, contains new rules related to the rights of a parent with a child enrolled in a child-care home.
Proposed new §747.521 outlines the rights of a parent with a child enrolled in a child-care home, including the right to (1) enter and examine the child-care home without advance notice; (2) file a complaint against the child-care home; (3) review the child-care home's publicly accessible records; (4) review written records about the parent's child; (5) receive from the child-care home (A) HHSC inspection reports regarding the home and (B) information regarding how to access the home's compliance history online; (6) have the child-care home comply with a court order limiting the rights of another parent to visit or pick up the child from the home; (7) be provided with the contact information for CCR; (8) view any available video recordings maintained by the child-care home of an alleged incident of abuse or neglect involving the parent's child, with certain restrictions; (9) obtain a copy of the child-care home's policies and procedures; (10) review upon request (A) staff training records, and (B) in-house training curriculum, if any; and (11) be free from retaliation for exercising any of the parent's rights.
The proposed amendment to §747.3901 (1) updates the rule title; (2) updates language for improved readability; and (3) adds new subsection (b) to require a child-care home, upon request from the parent who enrolled the child in the home, to comply with a court order preventing another parent from removing the child from the home.
FISCAL NOTE
Trey Wood, Chief Financial Officer, has determined that for each year of the first five years that the rules will be in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the rules will be in effect:
(1) the proposed rules will not create or eliminate a government program;
(2) implementation of the proposed rules will not affect the number of HHSC employee positions;
(3) implementation of the proposed rules will result in no assumed change in future legislative appropriations;
(4) the proposed rules will not affect fees paid to HHSC;
(5) the proposed rules will create a new regulation;
(6) the proposed rules will expand existing regulations;
(7) the proposed rules will not change the number of individuals subject to the rules; and
(8) the proposed rules will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the rules do not impose any additional costs on small businesses, micro-businesses, or rural communities that are required to comply with the rules.
LOCAL EMPLOYMENT IMPACT
The proposed rules will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these rules because the rules are necessary to protect the health, safety, and welfare of the residents of Texas; do not impose a cost on regulated persons; and are necessary to implement legislation that does not specifically state that §2001.0045 applies to the rules.
PUBLIC BENEFIT AND COSTS
Rachel Ashworth-Mazerolle, Associate Commissioner for Child Care Regulation, has determined that for each year of the first five years the rules are in effect, the public benefit will be rules that (1) clearly outline the rights of a parent who has a child enrolled in a licensed or registered child day care home; and (2) comply with state law.
Trey Wood has also determined that for the first five years the rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because the rules do not impose fees, require a child-care home to purchase curriculum or equipment, or require a child-care home to alter current staffing patterns.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Questions about the content of this proposal may be directed to Aimee Belden by email at Aimee.Belden@hhs.texas.gov.
Written comments on the proposal may be submitted to Aimee Belden, Rules Writer, Child Care Regulation, Texas Health and Human Services Commission, E-550, P.O. Box 149030, Austin, Texas 78714-9030; or by email to CCRRules@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 23R075" in the subject line.
SUBCHAPTER B. ADMINISTRATION AND COMMUNICATION
DIVISION 3. REQUIRED POSTINGS
STATUTORY AUTHORITY
The amendment is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Government Code §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out HHSC's duties under Chapter 531 of Texas Government Code. In addition, HRC §42.042(a) requires HHSC to adopt rules to carry out the requirements of Chapter 42 of HRC.
The amendment affects Texas Government Code §531.0055 and HRC §42.042.
§747.403.What telephone numbers and
other contact information must I post and where must I post this
information [them]?
(a) You must post in a prominent place the following telephone numbers:
(1) 911 or, if 911 is not available in your area, you must post the telephone numbers for:
(A) Emergency medical services;
(B) Law enforcement; and
(C) Fire department;
(2) Poison control (1-800-222-1222); and
(3) The Texas Abuse and Neglect Hotline
(1-800-252-5400).[;]
(b) You must post in a prominent place the name, address, and telephone number for:
(1) [(4)] The local Child
Care Regulation [Licensing] office [telephone
number]; and
(2) [(5)] Your child-care [telephone number, name, and] home
[address].
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 3, 2024.
TRD-202401386
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 19, 2024
For further information, please call: (512) 438-3269
STATUTORY AUTHORITY
The amendment is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Government Code §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out HHSC's duties under Chapter 531 of Texas Government Code. In addition, HRC §42.042(a) requires HHSC to adopt rules to carry out the requirements of Chapter 42 of HRC.
The amendment affects Texas Government Code §531.0055 and HRC §42.042.
§747.501.What written operational policies must I have?
You must develop written operational policies and procedures that at a minimum address each of the following:
(1) Procedure for the release of children;
(2) Illness and exclusion criteria;
(3) Procedures for dispensing medication, or a statement that medication is not dispensed;
(4) Procedures for handling medical emergencies;
(5) Discipline and guidance policy that is consistent with Subchapter L of this title (relating to Discipline and Guidance). A copy of Subchapter L may be used for your discipline and guidance policy;
(6) Safe sleep policy for infants from birth through 12 months old that is consistent with the rules in Subchapter H of this chapter (relating to Basic Requirements for Infants) that relate to sleep requirements and restrictions, including sleep positioning, and crib requirements and restrictions, including mattresses, bedding, blankets, toys, and restrictive devices;
(7) Animals, if applicable;
(8) Promotion of indoor and outdoor physical activity that is consistent with Subchapter F of this chapter (relating to Developmental Activities and Activity Plan). Your policies must include:
(A) The duration of physical activity at your home, both indoor and outdoor;
(B) The recommended clothing and footwear that will allow a child to participate freely and safely in physical activities; and
(C) A plan to ensure physical activity occurs on days when extreme weather conditions prohibit or limit outdoor time.
(9) Parent rights that are consistent with the rules in Division 5 of this subchapter (relating to Parent Rights);
[(9) Procedures for parents to visit the child-care home any time during your hours of operation to observe their child, program activities, the home, the premises, and equipment without having to secure prior approval;]
(10) Instructions on how a [Procedures for parents to review a copy of the child-care home's most recent Licensing inspection report and how the] parent may access the:
(A) Minimum [minimum] standards online;
(B) Texas Abuse and Neglect Hotline; and
(C) HHSC website.
[(11) Instructions on how a parent may contact the local Licensing office, access the Texas Abuse and Neglect Hotline, and access the HHSC
website;]
(11) [(12)] Your emergency preparedness plan;
(12) [(13)] Procedures for conducting health checks, if applicable;
(13) [(14)] Information on vaccine-preventable diseases for employees, if your licensed child-care home is not located in your own residence. The policy must address the requirements outlined in §747.3411 of this chapter (relating to What must a policy for protecting children from vaccine-preventable diseases include?); and
(14) [(15)] If your home maintains
and administers unassigned epinephrine auto-injectors to use when
a child in care has an emergency anaphylaxis reaction, policies for
maintenance, administration, and disposal of unassigned epinephrine
auto-injectors that comply with the unassigned epinephrine auto-injector
requirements set by the Texas Department of State Health Services,
as specified in Texas Administrative Code, Title 25, [TAC] Chapter 40, Subchapter C (relating to Epinephrine Auto-Injector Policies in Youth Facilities) and in Texas Health and Safety Code §773.0145.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 3, 2024.
TRD-202401388
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 19, 2024
For further information, please call: (512) 438-3269
STATUTORY AUTHORITY
The new section is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Government Code §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out HHSC's duties under Chapter 531 of Texas Government Code. In addition, HRC §42.042(a) requires HHSC to adopt rules to carry out the requirements of Chapter 42 of HRC.
The new section affects Texas Government Code §531.0055 and HRC §42.042.
§747.521.What rights does a parent of a child in care of my child-care home have?
A parent of a child in care has the right to:
(1) Enter and examine your child-care home during its hours of operation without advance notice;
(2) File a complaint against your child-care home;
(3) Review your child-care home's publicly accessible records;
(4) Review your child-care home's written records concerning the parent's child, as outlined in §747.601 of this chapter (relating to Who has the right to access children's records?);
(5) Receive from your child-care home:
(A) HHSC's inspection reports for your child-care home; and
(B) Information regarding how to access your child-care home's compliance history online;
(6) Have your child-care home comply with a court order preventing another parent from visiting or removing the parent's child from your child-care home, as outlined in §747.3901 of this chapter (relating to To whom may I release a child?);
(7) Be provided with contact information for Child Care Regulation, including the department's name, address, and telephone number;
(8) View any video recordings of an alleged incident of abuse or neglect involving the parent's child maintained by your child-care home as long as:
(A) Video recordings of the alleged incident are available;
(B) The parent is not allowed to retain any portion of the video depicting a child who is not the parent's child; and
(C) Your child-care home notifies in writing the parent of any other child captured in the video recording, before allowing the parent to inspect the video recording;
(9) Obtain a copy of your child-care home's policies and procedures, as outlined in §747.503 of this subchapter (relating to Must I provide parents with a copy of my operational policies?);
(10) Review, upon request of the parent, your:
(A) Staff training records; and
(B) In-house training curriculum, if any; and
(11) Be free from any retaliatory action by your child-care home for exercising any of the parent's rights.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 3, 2024.
TRD-202401389
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 19, 2024
For further information, please call: (512) 438-3269
DIVISION 5. RELEASE OF CHILDREN
STATUTORY AUTHORITY
The amendment is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Government Code §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out HHSC's duties under Chapter 531 of Texas Government Code. In addition, HRC §42.042(a) requires HHSC to adopt rules to carry out the requirements of Chapter 42 of HRC.
The amendment affects Texas Government Code §531.0055 and HRC §42.042.
§747.3901.To whom [Who]
may I release a child [children to]?
(a) You may release a child [children
] only to a parent or a person designated by the parent.
(b) Upon request from the parent who placed a child in your care, you must comply with a court order that prevents another parent from removing the child from your child-care home.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 3, 2024.
TRD-202401390
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 19, 2024
For further information, please call: (512) 438-3269