Texas Statutes
Subchapter C. Regulation of Certain Facilities, Homes, and Agencies
Section 42.0421. Minimum Training Standards

Sec. 42.0421. MINIMUM TRAINING STANDARDS. (a) The minimum training standards prescribed by the executive commissioner under Section 42.042(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(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(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, 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, 42.072, or 42.078 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.
(h) In adopting the minimum training standards under Section 42.042(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(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.

Structure Texas Statutes

Texas Statutes

Human Resources Code

Title 2 - Human Services and Protective Services in General

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

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

Section 42.041. Required License

Section 42.0412. Collection of Licensed Day-Care Center Data

Section 42.042. Rules and Standards

Section 42.0421. Minimum Training Standards

Section 42.04215. Safety Training Account

Section 42.0422. Restraint and Seclusion

Section 42.0423. Children's Product Safety for Certain Nonresidential Child-Care Facilities

Section 42.0424. Child Safety Alarms in Vehicles

Section 42.0425. Assessment Services

Section 42.0426. Training of Personnel

Section 42.04261. Other Training of Personnel: Child-Placing Agencies and Day-Care Centers

Section 42.0427. Parental Visitation

Section 42.0428. Policies Addressing Sexual Abuse and Other Maltreatment of Children

Section 42.0429. Safe Sleeping Standards

Section 42.04291. Supervision Standards for Infant During Time Spent on Stomach

Section 42.043. Rules for Immunizations

Section 42.04305. Vaccine-Preventable Disease Policy Required

Section 42.0431. Enforcement of Screening Requirements Relating to Vision, Hearing, and Other Special Senses and Communication Disorders

Section 42.0432. Health Screening Requirements for Child Placed With Child-Placing Agency

Section 42.0433. Suicide Prevention, Intervention, and Postvention Plan

Section 42.044. Inspections

Section 42.0441. Inspection Results for Certain Nonresidential Child-Care Facilities

Section 42.04411. Inspection Results and Exit Conference for Residential Child-Care Facilities

Section 42.04412. Interference With Inspection; Court Order

Section 42.0442. Coordination of Inspections; Elimination of Duplicative Inspections

Section 42.04425. Inspection Information Database

Section 42.0443. Coordination of Fire Safety and Sanitation Inspections

Section 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

Section 42.0446. Removal of Certain Investigation Information From Internet Website

Section 42.0447. False Report; Criminal Penalty

Section 42.0448. Notification of Family Violence Calls

Section 42.0449. Required Actions After Notice of Family Violence Call

Section 42.045. Records

Section 42.0451. Database of Agency Foster Homes; Information Provided to Department of Public Safety

Section 42.0452. Foster Parent Rights and Responsibilities Statement

Section 42.046. Application for License, Listing, or Registration

Section 42.0461. Public Notice and Hearing: Residential Child Care

Section 42.0462. Waiver of Notice and Hearing Requirements

Section 42.0463. Expansion of Capacity

Section 42.047. Consultations

Section 42.048. Licensing

Section 42.049. Liability Insurance Required

Section 42.0495. Liability Insurance Required for Listed Family Homes

Section 42.050. License Renewal

Section 42.051. Initial License

Section 42.052. Certification, Listing, and Registration

Section 42.0521. Deposit of Fees

Section 42.0522. Public Advertising of Family Homes

Section 42.0523. Listing of Relative Child-Care Providers

Section 42.053. Agency Foster Homes

Section 42.0531. Secure Agency Foster Homes

Section 42.0535. Required Information for Verification

Section 42.0536. Transfer of Agency Foster Home

Section 42.0537. Caregiver Training Requirement

Section 42.0538. Provisional License for Kinship Provider

Section 42.054. Fees

Section 42.055. Sign Posting

Section 42.0551. Posting of Employee List

Section 42.056. Required Background and Criminal History Checks; Criminal Penalties

Section 42.0561. Information Relating to Family Violence Reports

Section 42.0562. Information Regarding Certain Group Day-Care Home and Family Home Employees

Section 42.057. Drug Testing

Section 42.058. Competitive Bidding or Advertising Rules

Section 42.0583. Identifying At-Risk Providers

Section 42.059. Required Affidavit for Applicants for Employment With Facility or Registered Family Home

Section 42.060. Carbon Monoxide Detectors

Section 42.062. Certain Employment and Service Prohibited

Section 42.063. Reporting of Incidents and Violations

Section 42.064. Information Regarding Gang-Free Zones

Section 42.065. Administering Medication

Section 42.066. Required Submission of Information Requested by Court

Section 42.067. Epinephrine Auto-Injectors; Immunity From Liability

Section 42.068. Required Posting of No Trespassing Notice; Criminal Penalty