HBA-MPM S.B. 168 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 168
By: Zaffirini
Human Services
3/30/2001
Engrossed



BACKGROUND AND PURPOSE 

During the 76th legislative interim, the Senate Committee on Human Services
received suggestions from the Department of Protective and Regulatory
Services (PRS) and advocates and child care providers regarding a wide
range of regulatory issues relating to child care.  The committee
recommended increasing unannounced inspections of child care facilities and
group homes in legislation to be presented during the 77th session.
Current law requires PRS to inspect all licensed or certified facilities at
least once annually, and authorizes it to inspect other facilities or
registered family homes as necessary.  Senate Bill 168 requires PRS to
conduct unannounced inspections of child-care facilities and family homes
that may present a high risk to children because the facility or home does
not comply with PRS standards. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 168 amends the Human Resources Code to require the Department
of Protective and Regulatory Services (PRS) to inspect all licensed
child-placing agencies at least once yearly. The bill provides that at
least one annual inspection rather than visit of licensed or certified
facilities other than childplacing agencies must be unannounced.  If PRS
determines that a licensed child-care facility (facility) or registered
family home (home) presents an increased risk to children because of
noncompliance with PRS standards, the bill requires PRS to conduct an
unannounced inspection of a facility at least every seven months and an
unannounced inspection of a home at least every 18 months until they are no
longer considered to present an increased risk to children.  

EFFECTIVE DATE

September 1, 2001.