Tex. Human Resources Code Section 42.027
Independent Assessment

(a)

Not later than March 31, 2024, the commission shall contract with an independent entity that has demonstrated expertise in evaluating state child welfare systems and conducting statistical and operational analysis to conduct an assessment of:

(1)

the commission’s and the department’s rules, minimum standards, and contract requirements that apply to child-placing agencies, residential child-care facilities including foster homes, relative caregivers, and adoptive homes; and

(2)

the standards or oversight requirements prescribed by law to determine:

(A)

the relevance of the standard or oversight requirement;

(B)

whether the standard or oversight requirement complies with federal laws, rules, or guidelines; and

(C)

whether the standard or oversight requirement is the best practice.

(b)

Not later than September 30, 2024, or the date of the next comprehensive review required under Section 42.042 (Rules and Standards)(b), whichever occurs first, the independent entity shall complete the assessment and submit to the commission and the department a report that includes the findings of the assessment and recommendations for:

(1)

simplifying the commission’s minimum standards for the purposes of:

(A)

prioritizing the health, safety, and well-being of children residing in a residential child-care facility including a foster home or the home of a relative caregiver or an adoptive parent; and

(B)

reducing any barriers to opening a child-placing agency or a residential child-care facility or becoming a relative caregiver, a foster parent, or an adoptive parent;

(2)

adjusting the commission’s system for assigning weights to minimum standards to ensure that the system is methodical, consistent, and reflective of a strategic model for increasing the focus on the health, safety, and well-being of children residing in a residential child-care facility including a foster home or the home of a relative caregiver or an adoptive parent, including an explanation of the recommended adjustments;

(3)

taking into consideration the model licensing standards recommended by the Administration for Children and Families of the United States Department of Health and Human Services, eliminating any minimum standards that are weighted as low, medium-low, or medium by the commission and are not directly related to child safety;

(4)

addressing any licensing, training, or oversight requirements that are barriers to retaining high-quality residential child-care facilities including foster homes, relative caregivers, or adoptive parents;

(5)

updating licensing standards for the purposes of:

(A)

prioritizing the health, safety, and well-being of children residing in a residential child-care facility including a foster home or the home of a relative caregiver or an adoptive parent; and

(B)

reducing any barriers to the hiring and retention of high-quality leadership, administrators, and staff at child-placing agencies and residential child-care facilities;

(6)

providing maximum flexibility in applying standards to ensure that services are provided in response to the needs of each individual child residing in a residential child-care facility including a foster home or the home of a relative caregiver or an adoptive parent;

(7)

defining the commission’s and the department’s role in licensing, investigating, contract oversight, and any other regulatory activity to eliminate duplicate functions among the commission and the department or divisions within the commission or department; and

(8)

promoting transparency and clarity of the commission’s and the department’s expectations for child-placing agencies, residential child-care facilities including foster homes, relative caregivers, and adoptive parents.

(c)

The independent entity conducting the assessment under this section shall make any recommendations for legislative action, including recommendations for retaining, repealing, or modifying existing state laws or rules or adopting new state laws or rules, necessary to implement the entity’s recommendations described by Subsection (b).

(d)

In conducting the assessment, the independent entity shall solicit and consider the input of relevant stakeholders, including those affected by the commission’s or the department’s rules, minimum standards, and contract requirements that apply to child-placing agencies, residential child-care facilities including foster homes, relative caregivers, or adoptive parents.

(e)

The commission shall publish the independent entity’s report on the commission’s Internet website and submit a copy of the report to the governor, the lieutenant governor, the speaker of the house of representatives, and the standing committee of each house of the legislature with primary jurisdiction over the commission.

(f)

Not later than the 90th day after the date the commission receives the independent entity’s report, the commission, in collaboration with the department, shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the standing committee of each house of the legislature with primary jurisdiction over the commission a report that includes a description of:

(1)

the commission’s and department’s plan to implement the independent entity’s assessment recommendations; and

(2)

any recommendation the commission or department decides not to implement and a written justification for not implementing the recommendation.

(g)

This section expires September 1, 2025.
Added by Acts 2023, 88th Leg., R.S., Ch. 51 (S.B. 593), Sec. 1, eff. May 19, 2023.

Source: Section 42.027 — Independent Assessment, https://statutes.­capitol.­texas.­gov/Docs/HR/htm/HR.­42.­htm#42.­027 (accessed Jun. 5, 2024).

42.001
Purpose 42.002
Definitions 42.003
Reference to Child-care Institution 42.004
Confidentiality of Investigation Information 42.021
Division Designated 42.023
Annual Report 42.024
Administrative Procedure 42.025
Searchable Database 42.026
Access to Database 42.027
Independent Assessment 42.0031
Reference to Part of Continuum-of-care Operation 42.041
Required License 42.042
Rules and Standards 42.043
Rules for Immunizations 42.044
Inspections 42.045
Records 42.046
Application for License, Listing, or Registration 42.047
Consultations 42.048
Licensing 42.049
Liability Insurance Required 42.050
License Renewal 42.051
Initial License 42.052
Certification, Listing, and Registration 42.053
Agency Foster Homes 42.054
Fees 42.055
Sign Posting 42.056
Required Background and Criminal History Checks 42.057
Drug Testing 42.058
Competitive Bidding or Advertising Rules 42.059
Required Affidavit for Applicants for Employment with Facility or Registered Family Home 42.060
Carbon Monoxide Detectors 42.062
Certain Employment and Service Prohibited 42.063
Reporting of Incidents and Violations 42.064
Information Regarding Gang-free Zones 42.065
Administering Medication 42.066
Required Submission of Information Requested by Court 42.067
Epinephrine Auto-injectors 42.068
Required Posting of No Trespassing Notice 42.071
Suspension or Probation of License or Registration 42.072
License, Listing, or Registration Denial, Suspension, or Revocation 42.073
Emergency Suspension and Closure of a Facility or Family Home 42.074
Injunctive Relief 42.075
Civil Penalty 42.076
Criminal Penalties 42.077
Notice of Action Against Facility or Family Home 42.078
Administrative Penalty 42.079
Cease and Desist Order 42.080
Disciplinary Action Prohibited 42.151
Definitions 42.152
Permit Required 42.153
Application 42.154
Conversion of License 42.155
Parent or Guardian Within Immediate Vicinity 42.156
Caregiver-to-child Ratio 42.157
Minimum Standards 42.158
Caregiver Qualifications 42.159
Background and Criminal History Checks Required 42.160
Applicability of Other Law 42.161
Reporting of Incidents and Violations 42.162
Authority to Conduct Limited Inspections 42.163
Suspension, Denial, or Revocation 42.201
Definitions 42.202
Permit Required 42.203
Application 42.204
Conversion of License 42.205
Caregiver Qualifications and Training 42.206
Background and Criminal History Checks Required 42.207
Applicability of Other Law 42.208
Reporting of Incidents and Violations 42.209
Authority to Conduct Limited Inspections 42.210
Suspension, Denial, or Revocation 42.0211
Safety Specialists, Risk Analysts, and Performance Management 42.251
Applicability 42.252
Proposed Operational Plan 42.253
Confidentiality of Information Relating to Services for Human Trafficking Victims 42.254
Duties Relating to Education of Children in General Residential Operation 42.255
Hearing Before Renewal of License 42.256
Treatment Model 42.257
Evaluation of Placements 42.258
Limit on Placements for New Facility 42.259
Transition Plans 42.260
Telehealth Pilot Program 42.0412
Collection of Licensed Day-care Center Data 42.0421
Minimum Training Standards 42.0422
Restraint and Seclusion 42.0423
Children’s Product Safety for Certain Nonresidential Child-care Facilities 42.0424
Child Safety Alarms in Vehicles 42.0425
Assessment Services 42.0426
Training of Personnel 42.0427
Parental Visitation 42.0428
Policies Addressing Sexual Abuse and Other Maltreatment of Children 42.0429
Safe Sleeping Standards 42.0431
Enforcement of Screening Requirements Relating to Vision, Hearing, and Other Special Senses and Communication Disorders 42.0432
Health Screening Requirements for Child Placed with Child-placing Agency 42.0433
Suicide Prevention, Intervention, and Postvention Plan 42.0441
Inspection Results for Certain Nonresidential Child-care Facilities 42.0442
Coordination of Inspections 42.0443
Coordination of Fire Safety and Sanitation Inspections 42.0445
Required Background Search of Central Registry of Reported Cases of Child Abuse or Neglect 42.0446
Removal of Certain Investigation Information from Internet Website 42.0447
False Report 42.0448
Notification of Family Violence Calls 42.0449
Required Actions After Notice of Family Violence Call 42.0451
Database of Agency Foster Homes 42.0452
Foster Parent Rights and Responsibilities Statement 42.0461
Public Notice and Hearing: Residential Child Care 42.0462
Waiver of Notice and Hearing Requirements 42.0463
Expansion of Capacity 42.0495
Liability Insurance Required for Listed Family Homes 42.0521
Deposit of Fees 42.0522
Public Advertising of Family Homes 42.0523
Listing of Relative Child-care Providers 42.0531
Secure Agency Foster Homes 42.0535
Required Information for Verification 42.0536
Transfer of Agency Foster Home 42.0537
Caregiver Training Requirement 42.0538
Provisional License for Kinship Provider 42.0551
Posting of Employee List 42.0561
Information Relating to Family Violence Reports 42.0562
Information Regarding Certain Group Day-care Home and Family Home Employees 42.0563
Pre-employment Affidavit 42.0583
Identifying At-risk Providers 42.0704
Enforcement Policy 42.0705
Range of Penalties 42.0715
Costs Charged to Facility or Family Home 42.0761
Criminal Penalty for Operating Day-care Center Without Qualified Director 42.2541
Improving Education Services for Children 42.04201
Interim Director 42.04215
Safety Training Account 42.04261
Other Training of Personnel: Child-placing Agencies and Day-care Centers 42.04271
Rights of Parent or Guardian with Child in Certain Child-care Facilities 42.04291
Supervision Standards for Infant During Time Spent on Stomach 42.04305
Vaccine-preventable Disease Policy Required 42.04411
Inspection Results and Exit Conference for Residential Child-care Facilities 42.04412
Interference with Inspection 42.04425
Inspection Information Database 42.04431
Enforcement of State Law by County or Municipality
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 42.027’s source at texas​.gov