Tex. Human Resources Code Section 42.042
Rules and Standards


(a)

The executive commissioner shall adopt rules to carry out the provisions of this chapter.

(b)

The department shall conduct a comprehensive review of all rules and standards at least every six years. For purposes of this subsection, the six-year period begins on the latest of the date of:

(1)

the conclusion of the review of the rules and standards;

(2)

a decision by the department not to revise the rules and standards;

(3)

a decision by the executive commissioner not to revise the rules and standards; or

(4)

executive commissioner action adopting new standards.

(c)

The department shall provide a standard procedure for receiving and recording complaints. The executive commissioner shall adopt rules regarding the receipt of anonymous complaints made regarding child-care facilities and family homes to limit the number of anonymous complaints investigated by the department.

(d)

The department shall provide standard forms for applications and inspection reports.

(d-1)

The executive commissioner by rule shall adopt minimum standards for listed family homes. The minimum standards must:

(1)

promote the health, safety, and welfare of children attending a listed family home;

(2)

promote safe, comfortable, and healthy listed family homes for children;

(3)

ensure adequate supervision of children by capable, qualified, and healthy personnel; and

(4)

ensure medication is administered in accordance with Section 42.065 (Administering Medication).

(e)

The executive commissioner shall promulgate minimum standards that apply to licensed child-care facilities and to registered family homes covered by this chapter and that will:

(1)

promote the health, safety, and welfare of children attending a facility or registered family home;

(2)

promote safe, comfortable, and healthy physical facilities and registered family homes for children;

(3)

ensure adequate supervision of children by capable, qualified, and healthy personnel;

(4)

ensure adequate and healthy food service where food service is offered;

(5)

prohibit racial discrimination by child-care facilities and registered family homes;

(6)

require procedures for parental and guardian consultation in the formulation of children’s educational and therapeutic programs;

(7)

prevent the breakdown of foster care and adoptive placement;

(8)

ensure that a child-care facility or registered family home:

(A)

follows the directions of a child’s physician or other health care provider in providing specialized medical assistance required by the child; and

(B)

maintains for a reasonable time a copy of any directions from the physician or provider that the parent provides to the facility or home; and

(9)

ensure that a child’s health, safety, and welfare are adequately protected on the grounds of a child-care facility or registered family home.

(e-1)

The commission may not prohibit possession of lawfully permitted firearms and ammunition in an agency foster home. Minimum standards may be adopted under this section relating to safety and proper storage of firearms and ammunition. The minimum standards must allow firearms and ammunition to be stored together in the same locked location.

(e-2)

The department may not prohibit the foster parent of a child who resides in the foster family’s home from transporting the child in a vehicle where a handgun is present if the handgun is in the possession and control of the foster parent and the foster parent is not otherwise prohibited by law from carrying a handgun.

(e-3)

The minimum standards for a day-care center or registered family home adopted under Subsection (e) must be consistent with:

(1)

American Academy of Pediatrics standards for physical activity and screen time as published in Caring for Our Children: National Health and Safety Performance Standards; Guidelines for Early Care and Education Programs, 4th Edition; and

(2)

the nutrition standards in the Child and Adult Care Food Program administered by the Department of Agriculture.

(e-4)

A day-care center or registered family home is not required to participate in or comply with the reporting requirements of the Child and Adult Care Food Program administered by the Department of Agriculture.

(e-5)

If the commission determines that the economic impact of requiring a day-care center or registered family home to comply with a minimum standard adopted under Subsection (e-3) is sufficiently great to make compliance impractical, the commission may require the day-care center or registered family home to meet the guidelines of the minimum standard through an alternative method.

(f)

In promulgating minimum standards for the provision of child-care services, the executive commissioner shall recognize the various categories of services, including services for specialized care, the various categories of children and their particular needs, and the differences in the organization and operation of child-care facilities and general residential operations. Standards for general residential operations must require an intake study before a child is placed in an operation. The intake study may be conducted at a community mental health and intellectual disability center.

(g)

In promulgating minimum standards the executive commissioner may recognize and treat differently the types of services provided by and the grounds appurtenant to the following:

(1)

listed family homes;

(2)

registered family homes;

(3)

child-care facilities, including general residential operations, cottage home operations, specialized child-care homes, group day-care homes, and day-care centers;

(4)

child-placing agencies;

(5)

agency foster homes;

(6)

continuum-of-care residential operations;

(7)

before-school or after-school programs; and

(8)

school-age programs.

(g-1)

The executive commissioner in adopting and the department in enforcing minimum standards for a school-age program shall consider commonly accepted training methods for the development of a skill, talent, ability, expertise, or proficiency that are implemented with the consent of the parent or guardian of the participant and that are fundamental to the core purpose of the program.

(g-2)

The executive commissioner by rule shall adopt minimum standards that apply to general residential operations that provide comprehensive residential and nonresidential services to persons who are victims of trafficking under Section 20A.02 (Trafficking of Persons), Penal Code. In adopting the minimum standards under this subsection, the executive commissioner shall consider:

(1)

the special circumstances, needs, and precautions required of victims of trafficking of persons;

(2)

the role of the general residential operations in assisting, supporting, and protecting victims of trafficking of persons; and

(3)

the vulnerability of victims of trafficking of persons on the grounds of a general residential operation operating as a residential treatment center.

(h)

The executive commissioner shall promulgate minimum standards for child-placing agencies.

(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 and adoptive homes by a child-placing agency; and

(3)

if appropriate, child-placing agency staffing levels, office locations, and administration.

(i)

Before the executive commissioner adopts minimum standards, the department shall:

(1)

convene a temporary work group to advise the executive commissioner regarding the proposed standards, composed of at least six members who represent the diverse geographic regions of this state, including:

(A)

a department official designated by the commissioner to facilitate the work group’s activities;

(B)

a person with demonstrated expertise or knowledge regarding the different types and classifications of child-care facilities, homes, agencies, or programs that will be covered by the proposed standards;

(C)

a parent with experience related to one of the different types or classifications of child-care facilities, homes, agencies, or programs that will be covered by the proposed standards; and

(D)

a representative of a nonprofit entity licensed under this chapter; and

(2)

send a copy of the proposed standards to each licensee covered by the proposed standards at least 60 days before the standards take effect to provide the licensee an opportunity to review and to send written suggestions to the department.

(j)

The department may waive compliance with a minimum standard in a specific instance if it determines that the economic impact of compliance is sufficiently great to make compliance impractical.

(k)

The department may not regulate or attempt to regulate or control the content or method of any instruction or curriculum of a school sponsored by a religious organization.

(l)

In promulgating minimum standards for the regulation of family homes that register with the department, the executive commissioner must address the minimum qualifications, education, and training required of a person who operates a family home registered with the department.

(m)

In determining minimum standards relating to staff-to-child ratios, group sizes, or square footage requirements applicable to nonresidential child-care facilities that provide care for less than 24 hours a day, the department shall, within available appropriations, conduct a comprehensive cost-benefit analysis and economic impact study that includes families and licensed child-care providers.

(n)

Not later than the 60th day before the date the executive commissioner adopts a revision to the minimum standards for child-care facilities, the executive commissioner shall present the revision to the appropriate legislative oversight committees that have jurisdiction over child-care facilities for review and comment.

(p)

The executive commissioner by rule shall prescribe minimum training standards for an employee of a regulated child-care facility, including the time required for completing the training. The executive commissioner may not require an employee to repeat required training if the employee has completed the training within the time prescribed by department rule. The department’s local offices shall make available at the local office locations a copy of the rules regarding minimum training standards, information enabling the owner or operator of a regulated facility to apply for training funds from other agencies to lower facility costs, and any other materials the department may develop to assist the owner or operator or other entity in providing the training.

(q)

Each residential child-care facility shall notify the department and the appropriate local law enforcement agency immediately on determining that a child is missing from the facility.

(r)

A residential child-care facility that provides emergency services may temporarily exceed the facility’s capacity for not more than 48 hours to provide temporary care for a child in an emergency. The facility shall notify the department within 24 hours of the placement that the facility temporarily exceeded the facility’s capacity.

(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.

(t)

The commission by rule shall grant to each child-placing agency and each single source continuum contractor the authority to waive certain minimum standards related to preservice training, annual training, or other requirements that are not directly related to caring for the child for:

(1)

the child’s foster or prospective adoptive parent; or

(2)

foster homes that have no citations or violations reported to the commission.
Acts 1979, 66th Leg., p. 2362, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1987, 70th Leg., ch. 1052, Sec. 4.04, eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 920, Sec. 10, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1022, Sec. 24, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1121, Sec. 1, eff. June 19, 1997; Acts 1997, 75th Leg., ch. 1217, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1129, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 218, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.94(a), eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 526 (H.B. 877), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 366 (S.B. 322), Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 31, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 6, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 471 (H.B. 434), Sec. 2, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 16(2), eff. September 1, 2012.
Acts 2011, 82nd Leg., R.S., Ch. 1300 (H.B. 2560), Sec. 1, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 365 (H.B. 2725), Sec. 4, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.212, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 47, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 589 (S.B. 569), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 948 (S.B. 952), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 969 (S.B. 708), Sec. 2, eff. June 14, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1120 (H.B. 2363), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1139 (H.B. 2764), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 246 (H.B. 1387), Sec. 1, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 19, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 14, eff. September 1, 2021.

Source: Section 42.042 — Rules and Standards, https://statutes.­capitol.­texas.­gov/Docs/HR/htm/HR.­42.­htm#42.­042 (accessed Mar. 23, 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

Accessed:
Mar. 23, 2024

§ 42.042’s source at texas​.gov