Texas Statutes
Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services
Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services

Section 42.004. Confidentiality of Investigation Information - Sec. 42.004. CONFIDENTIALITY OF INVESTIGATION INFORMATION. A photograph, videotape, audiotape,...

Subchapter B. Administrative Provisions

Section 42.021. Division Designated - Sec. 42.021. DIVISION DESIGNATED. (a) The department may designate a...

Section 42.0211. Safety Specialists, Risk Analysts, and Performance Management - Sec. 42.0211. SAFETY SPECIALISTS, RISK ANALYSTS, AND PERFORMANCE MANAGEMENT. (a)...

Section 42.023. Annual Report - Sec. 42.023. ANNUAL REPORT. (a) The department shall prepare an...

Section 42.024. Administrative Procedure - Sec. 42.024. ADMINISTRATIVE PROCEDURE. Chapter 2001, Government Code applies to...

Section 42.025. Searchable Database - Sec. 42.025. SEARCHABLE DATABASE. (a) The commission shall permanently maintain...

Section 42.026. Access to Database - Sec. 42.026. ACCESS TO DATABASE. (a) The commission shall make...

Subchapter C. Regulation of Certain Facilities, Homes, and Agencies

Section 42.041. Required License - Sec. 42.041. REQUIRED LICENSE. (a) No person may operate a...

Section 42.0412. Collection of Licensed Day-Care Center Data - Sec. 42.0412. COLLECTION OF LICENSED DAY-CARE CENTER DATA. (a) In...

Section 42.042. Rules and Standards - Sec. 42.042. RULES AND STANDARDS. (a) The executive commissioner shall...

Section 42.0421. Minimum Training Standards - Sec. 42.0421. MINIMUM TRAINING STANDARDS. (a) The minimum training standards...

Section 42.04215. Safety Training Account - Sec. 42.04215. SAFETY TRAINING ACCOUNT. (a) The safety training account...

Section 42.0422. Restraint and Seclusion - Sec. 42.0422. RESTRAINT AND SECLUSION. A person providing services to...

Section 42.0423. Children's Product Safety for Certain Nonresidential Child-Care Facilities - Sec. 42.0423. CHILDREN'S PRODUCT SAFETY FOR CERTAIN NONRESIDENTIAL CHILD-CARE FACILITIES....

Section 42.0424. Child Safety Alarms in Vehicles - Sec. 42.0424. CHILD SAFETY ALARMS IN VEHICLES. (a) In this...

Section 42.0425. Assessment Services - Sec. 42.0425. ASSESSMENT SERVICES. (a) The executive commissioner by rule...

Section 42.0426. Training of Personnel - Sec. 42.0426. TRAINING OF PERSONNEL. (a) A licensed facility shall...

Section 42.04261. Other Training of Personnel: Child-Placing Agencies and Day-Care Centers - Sec. 42.04261. OTHER TRAINING OF PERSONNEL: CHILD-PLACING AGENCIES AND DAY-CARE...

Section 42.0427. Parental Visitation - Sec. 42.0427. PARENTAL VISITATION. All areas of a licensed facility...

Section 42.0428. Policies Addressing Sexual Abuse and Other Maltreatment of Children - Sec. 42.0428. POLICIES ADDRESSING SEXUAL ABUSE AND OTHER MALTREATMENT OF...

Section 42.0429. Safe Sleeping Standards - Sec. 42.0429. SAFE SLEEPING STANDARDS. (a) The executive commissioner by...

Section 42.04291. Supervision Standards for Infant During Time Spent on Stomach - Sec. 42.04291. SUPERVISION STANDARDS FOR INFANT DURING TIME SPENT ON...

Section 42.043. Rules for Immunizations - Sec. 42.043. RULES FOR IMMUNIZATIONS. (a) The executive commissioner shall...

Section 42.04305. Vaccine-Preventable Disease Policy Required - Sec. 42.04305. VACCINE-PREVENTABLE DISEASE POLICY REQUIRED. (a) In this section:...

Section 42.0431. Enforcement of Screening Requirements Relating to Vision, Hearing, and Other Special Senses and Communication Disorders - Sec. 42.0431. ENFORCEMENT OF SCREENING REQUIREMENTS RELATING TO VISION, HEARING,...

Section 42.0432. Health Screening Requirements for Child Placed With Child-Placing Agency - Sec. 42.0432. HEALTH SCREENING REQUIREMENTS FOR CHILD PLACED WITH CHILD-PLACING...

Section 42.0433. Suicide Prevention, Intervention, and Postvention Plan - Sec. 42.0433. SUICIDE PREVENTION, INTERVENTION, AND POSTVENTION PLAN. (a) In...

Section 42.044. Inspections - Sec. 42.044. INSPECTIONS. (a) An authorized representative of the commission...

Section 42.0441. Inspection Results for Certain Nonresidential Child-Care Facilities - Sec. 42.0441. INSPECTION RESULTS FOR CERTAIN NONRESIDENTIAL CHILD-CARE FACILITIES. Immediately...

Section 42.04411. Inspection Results and Exit Conference for Residential Child-Care Facilities - Sec. 42.04411. INSPECTION RESULTS AND EXIT CONFERENCE FOR RESIDENTIAL CHILD-CARE...

Section 42.04412. Interference With Inspection; Court Order - Sec. 42.04412. INTERFERENCE WITH INSPECTION; COURT ORDER. (a) A person...

Section 42.0442. Coordination of Inspections; Elimination of Duplicative Inspections - Sec. 42.0442. COORDINATION OF INSPECTIONS; ELIMINATION OF DUPLICATIVE INSPECTIONS. (a)...

Section 42.04425. Inspection Information Database - Sec. 42.04425. INSPECTION INFORMATION DATABASE. (a) If feasible using available...

Section 42.0443. Coordination of Fire Safety and Sanitation Inspections - Sec. 42.0443. COORDINATION OF FIRE SAFETY AND SANITATION INSPECTIONS. (a)...

Section 42.04431. Enforcement of State Law by County or Municipality - Sec. 42.04431. ENFORCEMENT OF STATE LAW BY COUNTY OR MUNICIPALITY....

Section 42.0445. Required Background Search of Central Registry of Reported Cases of Child Abuse or Neglect - Sec. 42.0445. REQUIRED BACKGROUND SEARCH OF CENTRAL REGISTRY OF REPORTED...

Section 42.0446. Removal of Certain Investigation Information From Internet Website - Sec. 42.0446. REMOVAL OF CERTAIN INVESTIGATION INFORMATION FROM INTERNET WEBSITE....

Section 42.0447. False Report; Criminal Penalty - Sec. 42.0447. FALSE REPORT; CRIMINAL PENALTY. (a) A person commits...

Section 42.0448. Notification of Family Violence Calls - Sec. 42.0448. NOTIFICATION OF FAMILY VIOLENCE CALLS. The department shall...

Section 42.0449. Required Actions After Notice of Family Violence Call - Sec. 42.0449. REQUIRED ACTIONS AFTER NOTICE OF FAMILY VIOLENCE CALL....

Section 42.045. Records - Sec. 42.045. RECORDS. (a) A person who operates a licensed...

Section 42.0451. Database of Agency Foster Homes; Information Provided to Department of Public Safety - Sec. 42.0451. DATABASE OF AGENCY FOSTER HOMES; INFORMATION PROVIDED TO...

Section 42.0452. Foster Parent Rights and Responsibilities Statement - Sec. 42.0452. FOSTER PARENT RIGHTS AND RESPONSIBILITIES STATEMENT. (a) The...

Section 42.046. Application for License, Listing, or Registration - Sec. 42.046. APPLICATION FOR LICENSE, LISTING, OR REGISTRATION. (a) An...

Section 42.0461. Public Notice and Hearing: Residential Child Care - Sec. 42.0461. PUBLIC NOTICE AND HEARING: RESIDENTIAL CHILD CARE. (a)...

Section 42.0462. Waiver of Notice and Hearing Requirements - Sec. 42.0462. WAIVER OF NOTICE AND HEARING REQUIREMENTS. (a) Subject...

Section 42.0463. Expansion of Capacity - Sec. 42.0463. EXPANSION OF CAPACITY. (a) Notwithstanding the limitations established...

Section 42.047. Consultations - Sec. 42.047. CONSULTATIONS. (a) The department shall offer consultation to...

Section 42.048. Licensing - Sec. 42.048. LICENSING. (a) The commission shall issue a license...

Section 42.049. Liability Insurance Required - Sec. 42.049. LIABILITY INSURANCE REQUIRED. (a) A license or registration...

Section 42.0495. Liability Insurance Required for Listed Family Homes - Sec. 42.0495. LIABILITY INSURANCE REQUIRED FOR LISTED FAMILY HOMES. (a)...

Section 42.050. License Renewal - Sec. 42.050. LICENSE RENEWAL. (a) A license holder may apply...

Section 42.051. Initial License - Sec. 42.051. INITIAL LICENSE. (a) The department shall issue an...

Section 42.052. Certification, Listing, and Registration - Sec. 42.052. CERTIFICATION, LISTING, AND REGISTRATION. (a) A state-operated child-care...

Section 42.0521. Deposit of Fees - Sec. 42.0521. DEPOSIT OF FEES. The fees authorized by this...

Section 42.0522. Public Advertising of Family Homes - Sec. 42.0522. PUBLIC ADVERTISING OF FAMILY HOMES. (a) A family...

Section 42.0523. Listing of Relative Child-Care Providers - Sec. 42.0523. LISTING OF RELATIVE CHILD-CARE PROVIDERS. (a) A child-care...

Section 42.053. Agency Foster Homes - Sec. 42.053. AGENCY FOSTER HOMES. (a) An agency foster home...

Section 42.0531. Secure Agency Foster Homes - Sec. 42.0531. SECURE AGENCY FOSTER HOMES. (a) The commissioners court...

Section 42.0535. Required Information for Verification - Sec. 42.0535. REQUIRED INFORMATION FOR VERIFICATION. (a) A child-placing agency...

Section 42.0536. Transfer of Agency Foster Home - Sec. 42.0536. TRANSFER OF AGENCY FOSTER HOME. (a) An agency...

Section 42.0537. Caregiver Training Requirement - Sec. 42.0537. CAREGIVER TRAINING REQUIREMENT. (a) The department and each...

Section 42.0538. Provisional License for Kinship Provider - Sec. 42.0538. PROVISIONAL LICENSE FOR KINSHIP PROVIDER. (a) The executive...

Section 42.054. Fees - Sec. 42.054. FEES. (a) The department shall charge an applicant...

Section 42.055. Sign Posting - Sec. 42.055. SIGN POSTING. (a) Each child-care facility shall post...

Section 42.0551. Posting of Employee List - Sec. 42.0551. POSTING OF EMPLOYEE LIST. (a) Each day-care center,...

Section 42.056. Required Background and Criminal History Checks; Criminal Penalties - Sec. 42.056. REQUIRED BACKGROUND AND CRIMINAL HISTORY CHECKS; CRIMINAL PENALTIES....

Section 42.0561. Information Relating to Family Violence Reports - Sec. 42.0561. INFORMATION RELATING TO FAMILY VIOLENCE REPORTS. Before a...

Section 42.0562. Information Regarding Certain Group Day-Care Home and Family Home Employees - Sec. 42.0562. INFORMATION REGARDING CERTAIN GROUP DAY-CARE HOME AND FAMILY...

Section 42.057. Drug Testing - Sec. 42.057. DRUG TESTING. (a) Each residential child-care facility shall...

Section 42.058. Competitive Bidding or Advertising Rules - Sec. 42.058. COMPETITIVE BIDDING OR ADVERTISING RULES. (a) The executive...

Section 42.0583. Identifying At-Risk Providers - Sec. 42.0583. IDENTIFYING AT-RISK PROVIDERS. (a) The department shall use...

Section 42.059. Required Affidavit for Applicants for Employment With Facility or Registered Family Home - Sec. 42.059. REQUIRED AFFIDAVIT FOR APPLICANTS FOR EMPLOYMENT WITH FACILITY...

Section 42.060. Carbon Monoxide Detectors - Sec. 42.060. CARBON MONOXIDE DETECTORS. (a) In this section, "carbon...

Section 42.062. Certain Employment and Service Prohibited - Sec. 42.062. CERTAIN EMPLOYMENT AND SERVICE PROHIBITED. A person may...

Section 42.063. Reporting of Incidents and Violations - Sec. 42.063. REPORTING OF INCIDENTS AND VIOLATIONS. (a) In this...

Section 42.064. Information Regarding Gang-Free Zones - Sec. 42.064. INFORMATION REGARDING GANG-FREE ZONES. Each day-care center shall,...

Section 42.065. Administering Medication - Sec. 42.065. ADMINISTERING MEDICATION. (a) In this section, "medication" means...

Section 42.066. Required Submission of Information Requested by Court - Sec. 42.066. REQUIRED SUBMISSION OF INFORMATION REQUESTED BY COURT. A...

Section 42.067. Epinephrine Auto-Injectors; Immunity From Liability - Sec. 42.067. EPINEPHRINE AUTO-INJECTORS; IMMUNITY FROM LIABILITY. (a) In this...

Section 42.068. Required Posting of No Trespassing Notice; Criminal Penalty - Sec. 42.068. REQUIRED POSTING OF NO TRESPASSING NOTICE; CRIMINAL PENALTY....

Subchapter D. Remedies

Section 42.0704. Enforcement Policy - Sec. 42.0704. ENFORCEMENT POLICY. (a) The executive commissioner by rule...

Section 42.0705. Range of Penalties - Sec. 42.0705. RANGE OF PENALTIES. The department shall revoke or...

Section 42.071. Suspension or Probation of License or Registration - Sec. 42.071. SUSPENSION OR PROBATION OF LICENSE OR REGISTRATION. (a)...

Section 42.0715. Costs Charged to Facility or Family Home - Sec. 42.0715. COSTS CHARGED TO FACILITY OR FAMILY HOME. The...

Section 42.072. License, Listing, or Registration Denial, Suspension, or Revocation - Sec. 42.072. LICENSE, LISTING, OR REGISTRATION DENIAL, SUSPENSION, OR REVOCATION....

Section 42.073. Emergency Suspension and Closure of a Facility or Family Home - Sec. 42.073. EMERGENCY SUSPENSION AND CLOSURE OF A FACILITY OR...

Section 42.074. Injunctive Relief - Sec. 42.074. INJUNCTIVE RELIEF. (a) The department may file suit...

Section 42.075. Civil Penalty - Sec. 42.075. CIVIL PENALTY. (a) A person is subject to...

Section 42.076. Criminal Penalties - Sec. 42.076. CRIMINAL PENALTIES. (a) A person who operates a...

Section 42.0761. Criminal Penalty for Operating Day-Care Center Without Qualified Director - Sec. 42.0761. CRIMINAL PENALTY FOR OPERATING DAY-CARE CENTER WITHOUT QUALIFIED...

Section 42.077. Notice of Action Against Facility or Family Home - Sec. 42.077. NOTICE OF ACTION AGAINST FACILITY OR FAMILY HOME....

Section 42.078. Administrative Penalty - Sec. 42.078. ADMINISTRATIVE PENALTY. (a) The commission may impose an...

Section 42.079. Cease and Desist Order - Sec. 42.079. CEASE AND DESIST ORDER. (a) If it appears...

Section 42.080. Disciplinary Action Prohibited - Sec. 42.080. DISCIPLINARY ACTION PROHIBITED. The commission may not issue...

Subchapter F. Regulation of Employer-Based Day-Care Facilities

Section 42.151. Definitions - Sec. 42.151. DEFINITIONS. In this subchapter: (1) "Employer-based day-care facility"...

Section 42.152. Permit Required - Sec. 42.152. PERMIT REQUIRED. (a) Except as provided by Subsection...

Section 42.153. Application; Initial Inspection and Background and Criminal History Checks - Sec. 42.153. APPLICATION; INITIAL INSPECTION AND BACKGROUND AND CRIMINAL HISTORY...

Section 42.154. Conversion of License - Sec. 42.154. CONVERSION OF LICENSE. (a) The department shall develop...

Section 42.155. Parent or Guardian Within Immediate Vicinity - Sec. 42.155. PARENT OR GUARDIAN WITHIN IMMEDIATE VICINITY. An employer-based...

Section 42.156. Caregiver-to-Child Ratio - Sec. 42.156. CAREGIVER-TO-CHILD RATIO. An employer-based day-care facility operating under...

Section 42.157. Minimum Standards - Sec. 42.157. MINIMUM STANDARDS. The department shall encourage an employer-based...

Section 42.158. Caregiver Qualifications - Sec. 42.158. CAREGIVER QUALIFICATIONS. A caregiver employed by an employer-based...

Section 42.159. Background and Criminal History Checks Required - Sec. 42.159. BACKGROUND AND CRIMINAL HISTORY CHECKS REQUIRED. (a) In...

Section 42.160. Applicability of Other Law - Sec. 42.160. APPLICABILITY OF OTHER LAW. Except as otherwise provided...

Section 42.161. Reporting of Incidents and Violations - Sec. 42.161. REPORTING OF INCIDENTS AND VIOLATIONS. An employer-based day-care...

Section 42.162. Authority to Conduct Limited Inspections - Sec. 42.162. AUTHORITY TO CONDUCT LIMITED INSPECTIONS. (a) The department...

Section 42.163. Suspension, Denial, or Revocation - Sec. 42.163. SUSPENSION, DENIAL, OR REVOCATION. (a) The department may...

Subchapter G. Regulation of Temporary Shelter Day-Care Facilities

Section 42.201. Definitions - Sec. 42.201. DEFINITIONS. In this subchapter: (1) "Shelter" means a...

Section 42.202. Permit Required - Sec. 42.202. PERMIT REQUIRED. (a) Except as provided by Subsections...

Section 42.203. Application; Initial Inspection and Background and Criminal History Checks - Sec. 42.203. APPLICATION; INITIAL INSPECTION AND BACKGROUND AND CRIMINAL HISTORY...

Section 42.204. Conversion of License - Sec. 42.204. CONVERSION OF LICENSE. (a) The department shall develop...

Section 42.205. Caregiver Qualifications and Training; Child-to-Caregiver Ratios - Sec. 42.205. CAREGIVER QUALIFICATIONS AND TRAINING; CHILD-TO-CAREGIVER RATIOS. (a) The...

Section 42.206. Background and Criminal History Checks Required - Sec. 42.206. BACKGROUND AND CRIMINAL HISTORY CHECKS REQUIRED. (a) In...

Section 42.207. Applicability of Other Law - Sec. 42.207. APPLICABILITY OF OTHER LAW. Except as otherwise provided...

Section 42.208. Reporting of Incidents and Violations - Sec. 42.208. REPORTING OF INCIDENTS AND VIOLATIONS. A shelter day-care...

Section 42.209. Authority to Conduct Limited Inspections - Sec. 42.209. AUTHORITY TO CONDUCT LIMITED INSPECTIONS. (a) The department...

Section 42.210. Suspension, Denial, or Revocation - Sec. 42.210. SUSPENSION, DENIAL, OR REVOCATION. (a) The department may...

Subchapter H. Regulation of Certain General Residential Operations

Section 42.251. Applicability - Sec. 42.251. APPLICABILITY. This subchapter applies only to a general...

Section 42.252. Proposed Operational Plan; Licensing Procedures - Sec. 42.252. PROPOSED OPERATIONAL PLAN; LICENSING PROCEDURES. (a) In addition...

Section 42.253. Confidentiality of Information Relating to Services for Human Trafficking Victims - Sec. 42.253. CONFIDENTIALITY OF INFORMATION RELATING TO SERVICES FOR HUMAN...

Section 42.254. Duties Relating to Education of Children in General Residential Operation - Sec. 42.254. DUTIES RELATING TO EDUCATION OF CHILDREN IN GENERAL...

Section 42.2541. Improving Education Services for Children - Sec. 42.2541. IMPROVING EDUCATION SERVICES FOR CHILDREN. (a) The department...

Section 42.255. Hearing Before Renewal of License - Sec. 42.255. HEARING BEFORE RENEWAL OF LICENSE. (a) On request...

Section 42.256. Treatment Model - Sec. 42.256. TREATMENT MODEL. (a) Each general residential operation providing...

Section 42.257. Evaluation of Placements - Sec. 42.257. EVALUATION OF PLACEMENTS. (a) A general residential operation...

Section 42.258. Limit on Placements for New Facility - Sec. 42.258. LIMIT ON PLACEMENTS FOR NEW FACILITY. If the...

Section 42.259. Transition Plans - Sec. 42.259. TRANSITION PLANS. A general residential operation shall develop...

Section 42.260. Telehealth Pilot Program - Sec. 42.260. TELEHEALTH PILOT PROGRAM. The commission in coordination with...

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Texas Statutes Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services

Texas Statutes
Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services
Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services