Tex. Human Resources Code Section 42.0421
Minimum Training Standards


(a)

The minimum training standards prescribed by the executive commissioner under Section 42.042 (Rules and Standards)(p) for an employee, director, or operator of a day-care center, group day-care home, or registered family home must include:

(1)

24 hours of initial training that must be completed not later than the 90th day after the employee’s first day of employment for an employee of a day-care center who has no previous training or less than two years of employment experience in a regulated child-care facility, eight hours of which must be completed before the employee is given responsibility for a group of children;

(2)

24 hours of annual training for each employee of a day-care center or group day-care home, excluding the director, which must include at least six hours of training in one or more of the following areas:

(A)

child growth and development;

(B)

guidance and discipline;

(C)

age-appropriate curriculum; and

(D)

teacher-child interaction; and

(3)

30 hours of annual training for each director of a day-care center or group day-care home, or operator of a registered family home, which must include at least six hours of training in one or more of the following areas:

(A)

child growth and development;

(B)

guidance and discipline;

(C)

age-appropriate curriculum; and

(D)

teacher-child interaction.

(b)

The minimum training standards prescribed by the executive commissioner under Section 42.042 (Rules and Standards)(p) must require an employee of a licensed day-care center or group day-care home who provides care for children younger than 24 months of age to receive special training regarding the care of those children. The special training must be included as a component of the initial training required by Subsection (a)(1) and as a one-hour component of the annual training required by Subsections (a)(2) and (a)(3). The special training must include information on:

(1)

recognizing and preventing shaken baby syndrome;

(2)

preventing sudden infant death syndrome; and

(3)

understanding early childhood brain development.

(c)

The executive commissioner by rule shall require an operator of a registered family home who provides care for a child younger than 24 months of age to complete one hour of annual training on:

(1)

recognizing and preventing shaken baby syndrome;

(2)

preventing sudden infant death syndrome; and

(3)

understanding early childhood brain development.

(d)

Section 42.042 (Rules and Standards)(m) does not apply to the minimum training standards required by this section.

(e)

In addition to other training required by this section, the executive commissioner by rule shall require an owner, operator, or employee of a day-care center, group day-care home, registered family home, general residential operation, cottage home operation, or specialized child-care home who transports a child under the care of the facility whose chronological or developmental age is younger than nine years of age to complete at least two hours of annual training on transportation safety.

(f)

The training required by this section must be appropriately targeted and relevant to the age of the children who will receive care from the individual receiving training and must be provided by a person who:

(1)

is a training provider registered with the Texas Early Childhood Professional Development System’s Texas Trainer Registry that is maintained by the Texas Head Start State Collaboration Office;

(2)

is an instructor at a public or private secondary school, an institution of higher education, as defined by Section 61.003 (Definitions), Education Code, or a private college or university accredited by a recognized accrediting agency who teaches early childhood development or another relevant course, as determined by rules adopted by the commissioner of education and the commissioner of higher education;

(3)

is an employee of a state agency with relevant expertise;

(4)

is a physician, psychologist, licensed professional counselor, social worker, or registered nurse;

(5)

holds a generally recognized credential or possesses documented knowledge relevant to the training the person will provide;

(6)

is a registered family home care provider or director of a day-care center or group day-care home in good standing with the department, if applicable, and who:

(A)

has demonstrated core knowledge in child development and caregiving; and

(B)

is only providing training at the home or center in which the provider or director and the person receiving training are employed; or

(7)

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 been awarded a Child Development Associate (CDA) credential; or

(B)

holds at least an associate’s degree in child development, early childhood education, or a related field.

(g)

A person described by Subsection (f)(6) may provide training under this section only if the commission has not taken an action under Section 42.071 (Suspension or Probation of License or Registration), 42.072 (License, Listing, or Registration Denial, Suspension, or Revocation), or 42.078 (Administrative Penalty) against the license, listing, or registration of the person or the home or center for which the person is a provider or director during the two-year period preceding the date on which the person provides the training.

(g-1)

Notwithstanding Subsection (g), a person who is the director of a day-care center may provide training under this section regardless of whether the commission imposed an administrative penalty under Section 42.078 (Administrative Penalty) against the day-care center if the person was not the director of the day-care center at the time the commission imposed the penalty.

(h)

In adopting the minimum training standards under Section 42.042 (Rules and Standards)(p), the executive commissioner may not require more training hours than the number of hours prescribed by Subsection (a) for a day-care center, group day-care home, or registered family home.

(i)

The executive commissioner by rule shall adopt minimum training standards for before-school or after-school and school-age programs as required by Section 42.042 (Rules and Standards)(p). In adopting minimum training standards for before-school or after-school and school-age programs under this subsection, the executive commissioner may not require more initial or annual training hours than the number of hours required by Subsection (a) immediately before September 1, 2011.
Added by Acts 1999, 76th Leg., ch. 1211, Sec. 1, eff. Jan. 1, 2000. Amended by Acts 2001, 77th Leg., ch. 169, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 748 (S.B. 572), Sec. 2, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 82 (S.B. 265), Sec. 1, eff. January 1, 2012.
Acts 2011, 82nd Leg., R.S., Ch. 882 (S.B. 260), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(31), eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1155 (S.B. 215), Sec. 61, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.213, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 48, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 394 (S.B. 781), Sec. 4, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 1091 (S.B. 1242), Sec. 1, eff. September 1, 2023.

Source: Section 42.0421 — Minimum Training Standards, https://statutes.­capitol.­texas.­gov/Docs/HR/htm/HR.­42.­htm#42.­0421 (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

§ 42.0421’s source at texas​.gov