Texas Statutes
Title 2 - Human Services and Protective Services in General
Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services

Section 40.002. Department of Family and Protective Services; General Duties of Department - Sec. 40.002. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; GENERAL DUTIES...

Section 40.0025. Agency Functions - Sec. 40.0025. AGENCY FUNCTIONS. (a) In this section, "function" includes...

Section 40.0026. References in Law Meaning Department - Sec. 40.0026. REFERENCES IN LAW MEANING DEPARTMENT. In this code...

Section 40.0027. References in Law Meaning Commissioner or Designee - Sec. 40.0027. REFERENCES IN LAW MEANING COMMISSIONER OR DESIGNEE. In...

Section 40.003. Sunset Provision - Sec. 40.003. SUNSET PROVISION. The Department of Family and Protective...

Section 40.004. Public Interest Information and Public Access - Sec. 40.004. PUBLIC INTEREST INFORMATION AND PUBLIC ACCESS. (a) The...

Section 40.0041. Complaint Process - Sec. 40.0041. COMPLAINT PROCESS. (a) The executive commissioner by rule...

Section 40.005. Confidentiality of Information - Sec. 40.005. CONFIDENTIALITY OF INFORMATION. (a) The executive commissioner shall...

Section 40.006. Application of Other Laws - Sec. 40.006. APPLICATION OF OTHER LAWS. (a) The department is...

Section 40.007. Reporting Requirement; Professional Fees - Sec. 40.007. REPORTING REQUIREMENT; PROFESSIONAL FEES. (a) The department shall...

Section 40.008. Program Accessibility - Sec. 40.008. PROGRAM ACCESSIBILITY. The department shall comply with federal...

Subchapter B. Administrative Provisions

Section 40.021. Family and Protective Services Council - Sec. 40.021. FAMILY AND PROTECTIVE SERVICES COUNCIL. (a) The Family...

Section 40.022. Appointments - Sec. 40.022. APPOINTMENTS. (a) Appointments to the council shall be...

Section 40.023. Training Program for Council Members - Sec. 40.023. TRAINING PROGRAM FOR COUNCIL MEMBERS. (a) A person...

Section 40.024. Terms; Vacancy - Sec. 40.024. TERMS; VACANCY. (a) Members of the council serve...

Section 40.025. Reimbursement for Expenses - Sec. 40.025. REIMBURSEMENT FOR EXPENSES. A council member may not...

Section 40.026. Presiding Officer; Other Officers; Meetings - Sec. 40.026. PRESIDING OFFICER; OTHER OFFICERS; MEETINGS. (a) The governor...

Section 40.027. Commissioner - Sec. 40.027. COMMISSIONER. (a) The governor, with the advice and...

Section 40.030. Advisory Committees - Sec. 40.030. ADVISORY COMMITTEES. (a) The commissioner or the commissioner's...

Section 40.0315. Investigation Unit for Adult Protective Services - Sec. 40.0315. INVESTIGATION UNIT FOR ADULT PROTECTIVE SERVICES. (a) The...

Section 40.032. Personnel - Sec. 40.032. PERSONNEL. (a) The department may employ personnel necessary...

Section 40.0321. Salary Supplementation by County or Municipality - Sec. 40.0321. SALARY SUPPLEMENTATION BY COUNTY OR MUNICIPALITY. (a) A...

Section 40.0322. Qualifications for Adult Protective Services Personnel; Recruitment - Sec. 40.0322. QUALIFICATIONS FOR ADULT PROTECTIVE SERVICES PERSONNEL; RECRUITMENT. (a)...

Section 40.0323. Coordination Regarding Recruitment for and Curriculum of Certain Certificate or Degree Programs - Sec. 40.0323. COORDINATION REGARDING RECRUITMENT FOR AND CURRICULUM OF CERTAIN...

Section 40.0325. Study of Caseworker Education Reimbursement - Sec. 40.0325. STUDY OF CASEWORKER EDUCATION REIMBURSEMENT. (a) The department...

Section 40.0326. Recruitment of Caseworkers - Sec. 40.0326. RECRUITMENT OF CASEWORKERS. When recruiting child protective services...

Section 40.033. Merit System - Sec. 40.033. MERIT SYSTEM. (a) Subject to rules adopted by...

Section 40.034. Prohibited Activities by Former Officers or Employees - Sec. 40.034. PROHIBITED ACTIVITIES BY FORMER OFFICERS OR EMPLOYEES. (a)...

Section 40.035. Training Program for Adult Protective Services; Continuing Education - Sec. 40.035. TRAINING PROGRAM FOR ADULT PROTECTIVE SERVICES; CONTINUING EDUCATION....

Section 40.036. Alzheimer's Disease and Dementia Training - Sec. 40.036. ALZHEIMER'S DISEASE AND DEMENTIA TRAINING. (a) In this...

Section 40.037. Training Program for Child Protective Services Managers - Sec. 40.037. TRAINING PROGRAM FOR CHILD PROTECTIVE SERVICES MANAGERS. (a)...

Section 40.038. Secondary Trauma Support for Caseworkers - Sec. 40.038. SECONDARY TRAUMA SUPPORT FOR CASEWORKERS. (a) In this...

Section 40.039. Review of Records Retention Policy - Sec. 40.039. REVIEW OF RECORDS RETENTION POLICY. The department shall...

Section 40.040. Case Management Vendor Quality Oversight and Assurance Division; Monitoring of Contract Adherence - Sec. 40.040. CASE MANAGEMENT VENDOR QUALITY OVERSIGHT AND ASSURANCE DIVISION;...

Section 40.041. Office of Data Analytics - Sec. 40.041. OFFICE OF DATA ANALYTICS. The department shall create...

Section 40.042. Investigations of Child Abuse, Neglect, and Exploitation - Sec. 40.042. INVESTIGATIONS OF CHILD ABUSE, NEGLECT, AND EXPLOITATION. (a)...

Section 40.043. Child Safety and Runaway Prevention Procedures - Sec. 40.043. CHILD SAFETY AND RUNAWAY PREVENTION PROCEDURES. The commissioner...

Section 40.045. Efficiency Audit - Sec. 40.045. EFFICIENCY AUDIT. (a) For purposes of this section,...

Subchapter C. General Functions of Department

Section 40.0505. Divisions of Department - Sec. 40.0505. DIVISIONS OF DEPARTMENT. (a) The commissioner shall establish...

Section 40.051. Strategic Plan for Department - Sec. 40.051. STRATEGIC PLAN FOR DEPARTMENT. The department shall develop...

Section 40.0512. Continuity of Services; Information Sharing - Sec. 40.0512. CONTINUITY OF SERVICES; INFORMATION SHARING. The department shall...

Section 40.0515. Quality Assurance Program for Adult Protective Services; Quarterly Reports - Sec. 40.0515. QUALITY ASSURANCE PROGRAM FOR ADULT PROTECTIVE SERVICES; QUARTERLY...

Section 40.0516. Collection of Data; Annual Report - Sec. 40.0516. COLLECTION OF DATA; ANNUAL REPORT. (a) The department...

Section 40.0521. Rules Regarding Domestic Violence - Sec. 40.0521. RULES REGARDING DOMESTIC VIOLENCE. (a) The executive commissioner...

Section 40.0522. Community Education and Training Relating to Child Abuse or Neglect - Sec. 40.0522. COMMUNITY EDUCATION AND TRAINING RELATING TO CHILD ABUSE...

Section 40.0524. Multidisciplinary Teams - Sec. 40.0524. MULTIDISCIPLINARY TEAMS. (a) In a jurisdiction for which...

Section 40.0526. Building Community Partnerships to Support Children and Families - Sec. 40.0526. BUILDING COMMUNITY PARTNERSHIPS TO SUPPORT CHILDREN AND FAMILIES....

Section 40.0527. Public Awareness - Sec. 40.0527. PUBLIC AWARENESS. (a) Subject to the availability of...

Section 40.05275. Business Plan for Child Protective Services - Sec. 40.05275. BUSINESS PLAN FOR CHILD PROTECTIVE SERVICES. (a) The...

Section 40.0528. Goals for Business Plan for Child Protective Services; Reporting Caseload Information - Sec. 40.0528. GOALS FOR BUSINESS PLAN FOR CHILD PROTECTIVE SERVICES;...

Section 40.0529. Caseload Management - Sec. 40.0529. CASELOAD MANAGEMENT. (a) Subject to a specific appropriation...

Section 40.05291. Electronic Case Management System - Sec. 40.05291. ELECTRONIC CASE MANAGEMENT SYSTEM. (a) The department shall...

Section 40.053. Duty to Perform Other Functions - Sec. 40.053. DUTY TO PERFORM OTHER FUNCTIONS. The department shall...

Section 40.054. Access to Criminal History - Sec. 40.054. ACCESS TO CRIMINAL HISTORY. Subject to the availability...

Section 40.055. Legislative Appropriation Request - Sec. 40.055. LEGISLATIVE APPROPRIATION REQUEST. The department shall submit any...

Section 40.056. Use of Funds - Sec. 40.056. USE OF FUNDS. (a) Notwithstanding any other provision...

Section 40.0564. Department Funds - Sec. 40.0564. DEPARTMENT FUNDS. All money paid to the department...

Section 40.057. Gifts and Grants - Sec. 40.057. GIFTS AND GRANTS. The department may accept a...

Section 40.058. Contracts and Agreements - Sec. 40.058. CONTRACTS AND AGREEMENTS. (a) The department may enter...

Section 40.0581. Performance Measures for Certain Service Provider Contracts - Sec. 40.0581. PERFORMANCE MEASURES FOR CERTAIN SERVICE PROVIDER CONTRACTS. (a)...

Section 40.0582. Quality Contracting Framework - Sec. 40.0582. QUALITY CONTRACTING FRAMEWORK. (a) The department shall monitor...

Section 40.0583. State Auditor Review of Contracts - Sec. 40.0583. STATE AUDITOR REVIEW OF CONTRACTS. The state auditor...

Section 40.059. Fees - Sec. 40.059. FEES. The executive commissioner by rule may set...

Section 40.060. Indemnification for Legal Expenses - Sec. 40.060. INDEMNIFICATION FOR LEGAL EXPENSES. If a present or...

Section 40.061. Immunity - Sec. 40.061. IMMUNITY. (a) A department employee, a member of...

Section 40.062. Exemption From Certain Costs and Fees - Sec. 40.062. EXEMPTION FROM CERTAIN COSTS AND FEES. The department...

Section 40.063. Exceptions From Certain Provisions of Administrative Procedure Act - Sec. 40.063. EXCEPTIONS FROM CERTAIN PROVISIONS OF ADMINISTRATIVE PROCEDURE ACT....

Section 40.064. Interagency Cooperation and Exchange of Information - Sec. 40.064. INTERAGENCY COOPERATION AND EXCHANGE OF INFORMATION. (a) The...

Section 40.065. Communications Officer; Plan - Sec. 40.065. COMMUNICATIONS OFFICER; PLAN. (a) The department shall designate...

Section 40.066. Cooperation With State Office of Administrative Hearings - Sec. 40.066. COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a)...

Section 40.067. Delivery of Services in Areas Bordering United Mexican States - Sec. 40.067. DELIVERY OF SERVICES IN AREAS BORDERING UNITED MEXICAN...

Section 40.068. Local Accounts - Sec. 40.068. LOCAL ACCOUNTS. (a) The department may establish and...

Section 40.070. Support Services for Certain Families - Sec. 40.070. SUPPORT SERVICES FOR CERTAIN FAMILIES. (a) If the...

Section 40.071. Drug-Endangered Child Initiative - Sec. 40.071. DRUG-ENDANGERED CHILD INITIATIVE. The department shall establish a...

Section 40.072. Duty to Report; Department Records - Sec. 40.072. DUTY TO REPORT; DEPARTMENT RECORDS. (a) To the...

Section 40.075. Protective Orders - Sec. 40.075. PROTECTIVE ORDERS. (a) The executive commissioner shall adopt...

Section 40.080. Strategic Plan to Implement Federal Law Regarding Specified Settings for Placement of Foster Children - Sec. 40.080. STRATEGIC PLAN TO IMPLEMENT FEDERAL LAW REGARDING SPECIFIED...

Section 40.081. Implementation of Federal Law - Sec. 40.081. IMPLEMENTATION OF FEDERAL LAW. (a) In furtherance of...

Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services

Subchapter A. General Provisions

Section 42.001. Purpose - Sec. 42.001. PURPOSE. The purpose of this chapter is to...

Section 42.002. Definitions - Sec. 42.002. DEFINITIONS. In this chapter: (1) "Child" means a...

Section 42.003. Reference to Child-Care Institution - Sec. 42.003. REFERENCE TO CHILD-CARE INSTITUTION. A reference in law...

Section 42.0031. Reference to Part of Continuum-of-Care Operation - Sec. 42.0031. REFERENCE TO PART OF CONTINUUM-OF-CARE OPERATION. With respect...

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...

Chapter 43 - Regulation of Child-Care and Child-Placing Agency Administrators

Section 43.001. Definitions - Sec. 43.001. DEFINITIONS. In this chapter: (1) Repealed by Acts...

Section 43.003. License Required - Sec. 43.003. LICENSE REQUIRED. (a) Except as provided by Subsection...

Section 43.004. Qualifications for License - Sec. 43.004. QUALIFICATIONS FOR LICENSE. (a) To be eligible for...

Section 43.0041. Examination Results - Sec. 43.0041. EXAMINATION RESULTS. (a) Not later than the 30th...

Section 43.0042. Recognition of License Issued by Another State - Sec. 43.0042. RECOGNITION OF LICENSE ISSUED BY ANOTHER STATE. (a)...

Section 43.005. Rules - Sec. 43.005. RULES. The executive commissioner may adopt rules to...

Section 43.0055. Competitive Bidding or Advertising Rules - Sec. 43.0055. COMPETITIVE BIDDING OR ADVERTISING RULES. (a) The executive...

Section 43.006. Fees - Sec. 43.006. FEES. The executive commissioner by rule may set...

Section 43.007. License Application - Sec. 43.007. LICENSE APPLICATION. (a) A person who has the...

Section 43.008. Licensing - Sec. 43.008. LICENSING. (a) The department shall issue a license...

Section 43.0081. Provisional License - Sec. 43.0081. PROVISIONAL LICENSE. (a) The commission may issue a...

Section 43.009. License Renewal - Sec. 43.009. LICENSE RENEWAL. (a) To be eligible for license...

Section 43.010. License Denial, Revocation, Suspension, or Refusal to Renew; Reprimand or Probation - Sec. 43.010. LICENSE DENIAL, REVOCATION, SUSPENSION, OR REFUSAL TO RENEW;...

Section 43.0105. Revocation of Probation - Sec. 43.0105. REVOCATION OF PROBATION. The department may revoke the...

Section 43.0106. Administrative Hearing - Sec. 43.0106. ADMINISTRATIVE HEARING. (a) If the department denies a...

Section 43.011. Appeals - Sec. 43.011. APPEALS. (a) A person whose license application is...

Section 43.012. Penalty - Sec. 43.012. PENALTY. A person who serves as a child-care...

Chapter 44 - Administration of Federal and State Day-Care Programs

Subchapter A. Federally Established Day-Care Programs

Section 44.001. Designated Agency - Sec. 44.001. DESIGNATED AGENCY. The Texas Workforce Commission is the...

Section 44.002. Administrative Rules - Sec. 44.002. ADMINISTRATIVE RULES. (a) The Texas Workforce Commission shall...

Section 44.003. Administration of Federal-Local Program - Sec. 44.003. ADMINISTRATION OF FEDERAL-LOCAL PROGRAM. (a) If the program...

Subchapter B. Day-Care Centers

Section 44.031. Establishment - Sec. 44.031. ESTABLISHMENT. (a) The Texas Workforce Commission may establish...

Section 44.032. Eligibility - Sec. 44.032. ELIGIBILITY. (a) Except as provided by Subsection (b),...

Section 44.033. Fees - Sec. 44.033. FEES. (a) A fee for services rendered by...

Section 44.034. Standards; Recommendations - Sec. 44.034. STANDARDS; RECOMMENDATIONS. (a) If the Texas Workforce Commission...

Section 44.035. Contracts - Sec. 44.035. CONTRACTS. (a) The executive director of the Texas...

Section 44.036. Annual Evaluation of Day-Care Centers - Sec. 44.036. ANNUAL EVALUATION OF DAY-CARE CENTERS. If the Texas...

Chapter 45 - Protection of Rights of Conscience for Child Welfare Services Providers

Section 45.001. Legislative Intent - Sec. 45.001. LEGISLATIVE INTENT. It is the intent of the...

Section 45.002. Definitions - Sec. 45.002. DEFINITIONS. In this chapter: (1) "Adverse action" means...

Section 45.003. Applicability - Sec. 45.003. APPLICABILITY. (a) This chapter applies to any ordinance,...

Section 45.004. Child Welfare Services Providers Protected - Sec. 45.004. CHILD WELFARE SERVICES PROVIDERS PROTECTED. A governmental entity...

Section 45.005. Secondary Services Providers and Referrals - Sec. 45.005. SECONDARY SERVICES PROVIDERS AND REFERRALS. (a) A child...

Section 45.006. Private Right of Action - Sec. 45.006. PRIVATE RIGHT OF ACTION. A child welfare services...

Section 45.007. Remedies - Sec. 45.007. REMEDIES. (a) A child welfare services provider who...

Section 45.008. Immunity Waived - Sec. 45.008. IMMUNITY WAIVED. (a) Sovereign and governmental immunity to...

Section 45.009. Effect on Rights; Construction of Law - Sec. 45.009. EFFECT ON RIGHTS; CONSTRUCTION OF LAW. (a) This...

Section 45.010. Interpretation - Sec. 45.010. INTERPRETATION. This chapter shall be liberally construed to...

Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities

Subchapter A. General Provisions

Section 48.001. Purpose - Sec. 48.001. PURPOSE. The purpose of this chapter is to...

Section 48.002. Definitions - Sec. 48.002. DEFINITIONS. (a) Except as otherwise provided under Section...

Section 48.0021. Reference to Commission or Executive Commissioner - Sec. 48.0021. REFERENCE TO COMMISSION OR EXECUTIVE COMMISSIONER. In this...

Section 48.003. Investigations in Nursing Facilities, Assisted Living Facilities, and Similar Facilities - Sec. 48.003. INVESTIGATIONS IN NURSING FACILITIES, ASSISTED LIVING FACILITIES, AND...

Section 48.004. Risk Assessment - Sec. 48.004. RISK ASSESSMENT. The executive commissioner by rule shall...

Section 48.005. Maintenance of Records - Sec. 48.005. MAINTENANCE OF RECORDS. Notwithstanding Chapter 441, Government Code,...

Section 48.006. Community Satisfaction Survey - Sec. 48.006. COMMUNITY SATISFACTION SURVEY. (a) Subject to the availability...

Section 48.007. Memorandum of Understanding Regarding Certain Abuse, Neglect, or Exploitation Investigations - Sec. 48.007. MEMORANDUM OF UNDERSTANDING REGARDING CERTAIN ABUSE, NEGLECT, OR...

Subchapter B. Reports of Abuse, Neglect, or Exploitation: Immunities

Section 48.051. Report - Sec. 48.051. REPORT. (a) Except as prescribed by Subsection (b),...

Section 48.052. Failure to Report; Penalty - Sec. 48.052. FAILURE TO REPORT; PENALTY. (a) A person commits...

Section 48.053. False Report; Penalty - Sec. 48.053. FALSE REPORT; PENALTY. (a) A person commits an...

Section 48.054. Immunity - Sec. 48.054. IMMUNITY. (a) A person filing a report under...

Subchapter C. Confidentiality

Section 48.101. Confidentiality and Disclosure of Information; Agency Exchange of Information - Sec. 48.101. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION; AGENCY EXCHANGE OF...

Section 48.102. Reports of Investigations in Schools - Sec. 48.102. REPORTS OF INVESTIGATIONS IN SCHOOLS. (a) The department...

Section 48.103. Notification of Licensing or Contracting Agency - Sec. 48.103. NOTIFICATION OF LICENSING OR CONTRACTING AGENCY. (a) Except...

Subchapter D. Investigations by All Agencies

Section 48.151. Action on Report - Sec. 48.151. ACTION ON REPORT. (a) Not later than 24...

Section 48.152. Investigation - Sec. 48.152. INVESTIGATION. (a) An investigation by the department or...

Section 48.1521. Investigation of Complex Cases - Sec. 48.1521. INVESTIGATION OF COMPLEX CASES. (a) The department shall...

Section 48.1522. Reports of Criminal Conduct to Law Enforcement Agency - Sec. 48.1522. REPORTS OF CRIMINAL CONDUCT TO LAW ENFORCEMENT AGENCY....

Section 48.1523. Management Review Following Certain Investigations - Sec. 48.1523. MANAGEMENT REVIEW FOLLOWING CERTAIN INVESTIGATIONS. If the department...

Section 48.153. Access to Investigation - Sec. 48.153. ACCESS TO INVESTIGATION. (a) To implement an investigation...

Section 48.154. Access to Records or Documents - Sec. 48.154. ACCESS TO RECORDS OR DOCUMENTS. (a) The department...

Section 48.155. Interference With Investigation or Services Prohibited - Sec. 48.155. INTERFERENCE WITH INVESTIGATION OR SERVICES PROHIBITED. (a) A...

Section 48.156. Agency Reports - Sec. 48.156. AGENCY REPORTS. A protective services agency shall make...

Section 48.159. Internal Review of Department Investigation - Sec. 48.159. INTERNAL REVIEW OF DEPARTMENT INVESTIGATION. The department shall...

Subchapter E. Provision of Services; Emergency Protection

Section 48.201. Application of Subchapter - Sec. 48.201. APPLICATION OF SUBCHAPTER. Except as otherwise provided, this...

Section 48.202. Service Determination by Department or Agency - Sec. 48.202. SERVICE DETERMINATION BY DEPARTMENT OR AGENCY. (a) In...

Section 48.203. Voluntary Protective Services - Sec. 48.203. VOLUNTARY PROTECTIVE SERVICES. (a) An elderly person or...

Section 48.204. Agency Powers - Sec. 48.204. AGENCY POWERS. A protective services agency may furnish...

Section 48.205. Provision of Services - Sec. 48.205. PROVISION OF SERVICES. (a) Subject to the availability...

Section 48.206. Cost of Services - Sec. 48.206. COST OF SERVICES. If the elderly person or...

Section 48.207. Objection to Medical Treatment - Sec. 48.207. OBJECTION TO MEDICAL TREATMENT. This chapter does not...

Section 48.208. Emergency Order for Protective Services - Sec. 48.208. EMERGENCY ORDER FOR PROTECTIVE SERVICES. (a) For purposes...

Section 48.209. Referral for Guardianship Services - Sec. 48.209. REFERRAL FOR GUARDIANSHIP SERVICES. (a) The department shall...

Section 48.210. Representation - Sec. 48.210. REPRESENTATION. (a) Except as provided by Subsection (b),...

Section 48.211. Report to Guardianship Court - Sec. 48.211. REPORT TO GUARDIANSHIP COURT. If the elderly person...

Subchapter F. Investigations of Abuse, Neglect, or Exploitation of Individuals Receiving Services From Certain Providers

Section 48.251. Definitions - Sec. 48.251. DEFINITIONS. (a) In this subchapter: (1) "Behavioral health...

Section 48.252. Investigation of Reports of Abuse, Neglect, or Exploitation by Provider - Sec. 48.252. INVESTIGATION OF REPORTS OF ABUSE, NEGLECT, OR EXPLOITATION...

Section 48.253. Action on Report - Sec. 48.253. ACTION ON REPORT. (a) On receipt by the...

Section 48.254. Forwarding of Certain Reports - Sec. 48.254. FORWARDING OF CERTAIN REPORTS. (a) The executive commissioner...

Section 48.255. Rules for Investigations Under This Subchapter - Sec. 48.255. RULES FOR INVESTIGATIONS UNDER THIS SUBCHAPTER. (a) The...

Section 48.256. Sharing Provider Information - Sec. 48.256. SHARING PROVIDER INFORMATION. (a) The executive commissioner shall...

Section 48.257. Retaliation Prohibited - Sec. 48.257. RETALIATION PROHIBITED. (a) A provider of home and...

Section 48.258. Tracking System for Reports and Investigations - Sec. 48.258. TRACKING SYSTEM FOR REPORTS AND INVESTIGATIONS. (a) The...

Subchapter G. Investigations in Certain Facilities

Section 48.301. Investigation of Reports in Other State Facilities - Sec. 48.301. INVESTIGATION OF REPORTS IN OTHER STATE FACILITIES. (a)...

Section 48.302. Approval of Rules - Sec. 48.302. APPROVAL OF RULES. The executive commissioner shall review...

Section 48.303. Memorandum of Understanding - Sec. 48.303. MEMORANDUM OF UNDERSTANDING. (a) The department shall enter...

Section 48.304. Statistics - Sec. 48.304. STATISTICS. (a) A state agency that operates, licenses,...

Subchapter I. Employee Misconduct Registry

Section 48.401. Definitions - Sec. 48.401. DEFINITIONS. In this subchapter: (1) "Agency" means: (A)...

Section 48.402. Rules Relating to Reportable Conduct - Sec. 48.402. RULES RELATING TO REPORTABLE CONDUCT. The executive commissioner...

Section 48.403. Finding - Sec. 48.403. FINDING. After an investigation and following the procedures...

Section 48.404. Notice of Finding - Sec. 48.404. NOTICE OF FINDING. (a) The department shall give...

Section 48.405. Hearing; Order - Sec. 48.405. HEARING; ORDER. (a) If the employee requests a...

Section 48.406. Notice; Judicial Review - Sec. 48.406. NOTICE; JUDICIAL REVIEW. (a) The department shall give...

Section 48.407. Informal Proceedings - Sec. 48.407. INFORMAL PROCEEDINGS. The executive commissioner by rule shall...

Section 48.408. Information for the Employee Misconduct Registry - Sec. 48.408. INFORMATION FOR THE EMPLOYEE MISCONDUCT REGISTRY. (a) When...

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Texas Statutes Title 2 - Human Services and Protective Services in General Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services

Texas Statutes
Title 2 - Human Services and Protective Services in General
Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services