Texas Statutes
Subchapter C. Regulation of Certain Facilities, Homes, and Agencies
Section 42.044. Inspections

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

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