Sec. 42.0423. CHILDREN'S PRODUCT SAFETY FOR CERTAIN NONRESIDENTIAL CHILD-CARE FACILITIES. (a) This section applies only to a licensed day-care center, licensed group day-care home, or registered family home.
(b) A children's product is presumed to be unsafe for purposes of this section if it has been recalled for any reason by the United States Consumer Product Safety Commission and the recall has not been rescinded.
(c) A children's product that has been recalled for any reason by the United States Consumer Product Safety Commission is not presumed to be unsafe if the product has been remanufactured or retrofitted so that the product is safe.
(d) The department shall include on its public Internet website a link to the United States Consumer Product Safety Commission's Internet website.
(e) A child-care facility subject to this section may not use an unsafe children's product or have an unsafe children's product on the premises of the child-care facility unless:
(1) the product is an antique or collectible children's product and is not used by, or accessible to, any child in the child-care facility; or
(2) the unsafe children's product is being retrofitted to make it safe and the product is not used by, or accessible to, any child in the child-care facility.
(f) The department shall notify a child-care facility subject to this section of the provisions of this section in plain, nontechnical language that will enable the child-care facility to effectively inspect the children's products at the facility and identify unsafe children's products. The department shall provide the notice required by this subsection:
(1) during the department's pre-application interview for a license, registration, or certification; and
(2) during an inspection.
(g) At least annually, each child-care facility subject to this section shall certify in writing that the facility has reviewed each of the bulletins and notices issued by the United States Consumer Product Safety Commission regarding unsafe children's products and that there are no unsafe products in the facility except products described by Subsection (e). The facility shall retain the certification form completed by each facility in the facility's licensing file.
(h) The executive commissioner shall adopt rules and forms necessary to implement this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 46 (S.B. 95), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.215, eff. April 2, 2015.
Structure Texas Statutes
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 42.0432. Health Screening Requirements for Child Placed With Child-Placing Agency
Section 42.0433. Suicide Prevention, Intervention, and Postvention Plan
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 42.0446. 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 42.0452. 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 42.049. 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 42.0551. 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 42.058. Competitive Bidding or Advertising Rules
Section 42.0583. Identifying At-Risk Providers
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