Sec. 42.044. INSPECTIONS. (a) An authorized representative of the commission may visit a facility regulated under this chapter or a registered or listed family home during operating hours to investigate, inspect, and evaluate.
(b) Except as provided by Subsection (b-3), the department shall inspect all licensed or certified facilities at least once a year and may inspect other facilities or registered family homes as necessary. At least one of the annual visits must be unannounced and all may be unannounced.
(b-1) At least one of the unannounced, annual inspections of a residential child-care facility must be conducted by a team of at least two residential child-care monitoring staff, and, if feasible, members of the inspection team must be from different residential child-care monitoring units.
(b-2) Except as otherwise provided by this subsection, during an unannounced annual or biennial inspection of a day-care center, the department shall meet with the director designated by the day-care center as having daily, on-site responsibility for the operation of the day-care center to assess whether the director meets the qualifications of a director specified by this chapter and department rules. If the director is not present during the unannounced annual or biennial inspection, the department shall schedule a subsequent meeting with the director for that purpose and shall conduct that meeting at the day-care center.
(b-3) The department may, in accordance with rules adopted by the executive commissioner, designate a licensed day-care center or group day-care home for a biennial inspection if the department determines, based on previous inspections, that the facility has a history of substantial compliance with minimum licensing standards. The biennial inspection of a day-care center or group day-care home must be unannounced.
(c) The commission must investigate a facility regulated under this chapter or a registered or listed family home when a complaint is received by the commission. The representative of the commission must notify the operator of a registered or listed family home or the director or authorized representative of a regulated facility when a complaint is being investigated and report in writing the results of the investigation to the family home's operator or to the regulated facility's director or the director's authorized representative.
(c-1) Repealed by Acts 2019, 86th Leg., R.S., Ch. 589 (S.B. 569), Sec. 11, eff. September 1, 2019.
(c-2) Repealed by Acts 2019, 86th Leg., R.S., Ch. 589 (S.B. 569), Sec. 11, eff. September 1, 2019.
(d) The department may call on political subdivisions and governmental agencies for assistance within their authorized fields.
(e) In addition to the department's responsibility to investigate an agency foster home under Subsection (c), the department shall:
(1) periodically conduct inspections of a random sample of agency foster homes;
(2) investigate any report of a serious incident in an agency foster home that pertains to a child under the age of six;
(3) investigate any alleged violation of a minimum standard by an agency foster home that poses a high degree of risk to a child in the care of the home who is under the age of six; and
(4) conduct at least one annual enforcement team conference for each child-placing agency to thoroughly review the investigations or inspections of the child-placing agency and all of its agency foster homes to monitor and enforce compliance by a child-placing agency with rules and standards established under Section 42.042.
(f) The department shall use an inspection checklist that includes a list of all required items for inspection in conducting a monitoring inspection under this section.
Acts 1979, 66th Leg., p. 2363, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1022, Sec. 27, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1217, Sec. 4, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 218, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.96, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 32(a), eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 8, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 3, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 746 (S.B. 427), Sec. 2, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 49, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 31, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1136 (H.B. 249), Sec. 13, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 589 (S.B. 569), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 589 (S.B. 569), Sec. 11, eff. September 1, 2019.
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