89R2353 MLH-F     By: Middleton S.B. No. 2534       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of faith-based child-care   facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. GENERAL PROVISIONS          SECTION 1.01.  This Act shall be known as the Faith-Based   Foster Care Enhancement Act.          SECTION 1.02.  The legislature finds that:                (1)  the number of foster youth in this state exceeds   the current capacity of state and private child-care facilities;                (2)  religious organizations have historically played   significant roles in community support and child welfare;                (3)  religious organizations can provide a nurturing,   stable environment for foster youth while leveraging community   resources;                (4)  a collaborative approach involving religious   organizations, mental health professionals, and community   resources can effectively meet the diverse needs of foster youth;   and                (5)  incorporating religious organizations into   child-care infrastructure will be beneficial to foster youth in   this state.   ARTICLE 2. FAITH-BASED CHILD-CARE FACILITIES          SECTION 2.01.  Chapter 42, Human Resources Code, is amended   by adding Subchapter I to read as follows:   SUBCHAPTER I. FAITH-BASED CHILD-CARE FACILITIES          Sec. 42.301.  DEFINITION. In this subchapter, "faith-based   child-care facility" means a child-care facility owned and operated   by a religious organization that provides care for children in the   conservatorship of the department for 24 hours a day.          Sec. 42.302.  ESTABLISHING FAITH-BASED CHILD-CARE   FACILITY.  (a)  A religious organization may establish and operate   a faith-based child-care facility as provided by this subchapter.          (b)  Before establishing a faith-based child-care facility,   a religious organization shall:                (1)  develop a comprehensive plan to ensure the   well-being of foster youth cared for by the facility;                (2)  develop a training program for facility employees   and volunteers who will provide care to foster youth at the   facility; and                (3)  enter into a contract with a licensed mental   health services provider to provide mental and behavioral health   services to foster youth in the care of the facility.          (c)  A faith-based child-care facility established under   this subchapter must be overseen by a committee appointed by the   religious organization establishing the facility that includes:                (1)  a leader of the religious organization;                (2)  two active, participating members of the religious   organization;                (3)  a licensed mental health professional;                (4)  a person with experience in child welfare systems;                (5)  a person from an organization that specializes in   child welfare; and                (6)  an elected official serving in a municipal,   county, state, or federal office representing the community in   which the faith-based child-care facility is located.          (d)  A member of the committee appointed to fill a roll on   the committee described by Subsections (c)(1)-(6) may fill one   additional role described by Subsections (c)(3)-(6).          Sec. 42.303.  FAITH-FAMILY PROGRAMS.  (a)  A religious   organization that establishes a faith-based child-care facility   under this subchapter shall establish a faith-family program to:                (1)  provide mentorship and support to foster youth at   the facility by building relationships and facilitating   mentorships with members of the religious organization who serve as   a faith-family for the foster youth; and                (2)  encourage individuals serving as faith-family to   become foster or adoptive parents for foster youth at the facility.          (b)  A member of a religious organization participating in a   faith-family program may:                (1)  host a foster youth in the member's home for   increasing periods of time in accordance with the religious   organization's plan under Section 42.302(b)(1); and                (2)  travel with a foster youth in accordance with   applicable laws for a foster parent traveling with a foster youth.          (c)  The religious organization shall provide any training   required by this chapter or other law for an individual serving as   faith-family to become a foster or adoptive parent of a foster youth   at the facility.          Sec. 42.304.  MENTAL HEALTH SERVICES. A religious   organization that establishes a faith-based child-care facility   shall ensure that mental health services provided to foster youth   meet applicable standards of professional care.          Sec. 42.305.  FOSTER PLACEMENTS. (a)  The department shall   ensure the integration of faith-based child-care facilities into   the state's foster care system.          (b)  The department and child-placing agencies may place a   child in the care of a faith-based child-care facility established   under this subchapter.          Sec. 42.306.  APPLICABILITY OF OTHER LAW; OVERSIGHT.  (a)     Notwithstanding other law, a faith-based child-care facility is   exempt from:                (1)  the licensing requirements of this chapter; and                (2)  the rules and standards that apply to licensed   child-care facilities.          (b)  The department by rule shall adopt minimum standards for   faith-based child-care facilities that ensure each child's health,   safety, and welfare are adequately protected on the grounds of the   facility, including standards relating to fire safety and basic   cleanliness.  In adopting the standards under this section, the   department shall consider the unique operational frameworks of   religious organizations operating a faith-based child-care   facility.          (c)  The department shall periodically evaluate each   faith-based child-care facility to ensure the facility meets the   standards adopted under this section.          Sec. 42.307.  GRANTS FOR FAITH-BASED CHILD-CARE FACILITY.     (a)  Using available funds or private donations, the department   shall establish and administer a grant program to award grants to   religious organizations to establish a faith-based child-care   facility.          (b)  The commissioner shall adopt rules to implement the   grant program, including rules governing the submission and   approval of grant requests and the cancellation of grants.          (c)  The department may solicit and accept gifts, grants, and   donations for purposes of this section.   ARTICLE 3. CONFORMING CHANGES          SECTION 3.01.  Sections 42.041(b) and (d), Human Resources   Code, are amended to read as follows:          (b)  This section does not apply to:                (1)  a state-operated facility;                (2)  an agency foster home;                (3)  a facility that is operated in connection with a   shopping center, business, religious organization, or   establishment where children are cared for during short periods   while parents or persons responsible for the children are attending   religious services, shopping, or engaging in other activities,   including retreats or classes for religious instruction, on or near   the premises, that does not advertise as a child-care facility or   day-care center, and that informs parents that it is not licensed by   the state;                (4)  a school or class for religious instruction that   does not last longer than two weeks and is conducted by a religious   organization during the summer months;                (5)  a youth camp licensed by the Department of State   Health Services;                (6)  a facility licensed, operated, certified, or   registered by another state agency;                (7)  an educational facility that is accredited by the   Texas Education Agency, the Southern Association of Colleges and   Schools, or an accreditation body that is a member of the Texas   Private School Accreditation Commission and that operates   primarily for educational purposes for prekindergarten and above, a   before-school or after-school program operated directly by an   accredited educational facility, or a before-school or   after-school program operated by another entity under contract with   the educational facility, if the Texas Education Agency, the   Southern Association of Colleges and Schools, or the other   accreditation body, as applicable, has approved the curriculum   content of the before-school or after-school program operated under   the contract;                (8)  an educational facility that operates solely for   educational purposes for prekindergarten through at least grade   two, that does not provide custodial care for more than one hour   during the hours before or after the customary school day, and that   is a member of an organization that promulgates, publishes, and   requires compliance with health, safety, fire, and sanitation   standards equal to standards required by state, municipal, and   county codes;                (9)  a kindergarten or preschool educational program   that is operated as part of a public school or a private school   accredited by the Texas Education Agency, that offers educational   programs through grade six, and that does not provide custodial   care during the hours before or after the customary school day;                (10)  a family home, whether registered or listed;                (11)  an educational facility that is integral to and   inseparable from its sponsoring religious organization or an   educational facility both of which do not provide custodial care   for more than two hours maximum per day, and that offers an   educational program in one or more of the following:   prekindergarten through at least grade three, elementary grades, or   secondary grades;                (12)  an emergency shelter facility, other than a   facility that would otherwise require a license as a child-care   facility under this section, that provides shelter or care to a   minor and the minor's child or children, if any, under Section   32.201, Family Code, if the facility:                      (A)  is currently under a contract with a state or   federal agency; or                      (B)  meets the requirements listed under Section   51.005(b)(3);                (13)  a juvenile detention facility certified under   Section 51.12, Family Code, a juvenile correctional facility   certified under Section 51.125, Family Code, a juvenile facility   providing services solely for the Texas Juvenile Justice   Department, or any other correctional facility for children   operated or regulated by another state agency or by a political   subdivision of the state;                (14)  an elementary-age (ages 5-13) recreation program   operated by a municipality provided the governing body of the   municipality annually adopts standards of care by ordinance after a   public hearing for such programs, that such standards are provided   to the parents of each program participant, and that the ordinances   shall include, at a minimum, staffing ratios, minimum staff   qualifications, minimum facility, health, and safety standards,   and mechanisms for monitoring and enforcing the adopted local   standards; and further provided that parents be informed that the   program is not licensed by the state and the program may not be   advertised as a child-care facility;                (15)  an annual youth camp held in a municipality with a   population of more than 1.5 million that operates for not more than   three months and that has been operated for at least 10 years by a   nonprofit organization that provides care for the homeless;                (16)  a food distribution program that:                      (A)  serves an evening meal to children two years   of age or older; and                      (B)  is operated by a nonprofit food bank in a   nonprofit, religious, or educational facility for not more than two   hours a day on regular business days;                (17)  a child-care facility that operates for less than   three consecutive weeks and less than 40 days in a period of 12   months;                (18)  a program:                      (A)  in which a child receives direct instruction   in a single skill, talent, ability, expertise, or proficiency;                      (B)  that does not provide services or offerings   that are not directly related to the single talent, ability,   expertise, or proficiency;                      (C)  that does not advertise or otherwise   represent that the program is a child-care facility, day-care   center, or licensed before-school or after-school program or that   the program offers child-care services;                      (D)  that informs the parent or guardian:                            (i)  that the program is not licensed by the   state; and                            (ii)  about the physical risks a child may   face while participating in the program; and                      (E)  that conducts background checks for all   program employees and volunteers who work with children in the   program using information that is obtained from the Department of   Public Safety;                (19)  an elementary-age (ages 5-13) recreation program   that:                      (A)  adopts standards of care, including   standards relating to staff ratios, staff training, health, and   safety;                      (B)  provides a mechanism for monitoring and   enforcing the standards and receiving complaints from parents of   enrolled children;                      (C)  does not advertise as or otherwise represent   the program as a child-care facility, day-care center, or licensed   before-school or after-school program or that the program offers   child-care services;                      (D)  informs parents that the program is not   licensed by the state;                      (E)  is organized as a nonprofit organization or   is located on the premises of a participant's residence;                      (F)  does not accept any remuneration other than a   nominal annual membership fee;                      (G)  does not solicit donations as compensation or   payment for any good or service provided as part of the program; and                      (H)  conducts background checks for all program   employees and volunteers who work with children in the program   using information that is obtained from the Department of Public   Safety;                (20)  a living arrangement in a caretaker's home   involving one or more children or a sibling group, excluding   children who are related to the caretaker, in which the caretaker:                      (A)  had a prior relationship with the child or   sibling group or other family members of the child or sibling group;                      (B)  does not care for more than one unrelated   child or sibling group;                      (C)  does not receive compensation or solicit   donations for the care of the child or sibling group; and                      (D)  has a written agreement with the parent to   care for the child or sibling group;                (21)  a living arrangement in a caretaker's home   involving one or more children or a sibling group, excluding   children who are related to the caretaker, in which:                      (A)  the department is the managing conservator of   the child or sibling group;                      (B)  the department placed the child or sibling   group in the caretaker's home; and                      (C)  the caretaker had a long-standing and   significant relationship with the child or sibling group, or the   family of the child or sibling group, before the child or sibling   group was placed with the caretaker;                (22)  a living arrangement in a caretaker's home   involving one or more children or a sibling group, excluding   children who are related to the caretaker, in which the child is in   the United States on a time-limited visa under the sponsorship of   the caretaker or of a sponsoring organization;                (23)  a facility operated by a nonprofit organization   that:                      (A)  does not otherwise operate as a child-care   facility that is required to be licensed under this section;                      (B)  provides emergency shelter and care for not   more than 15 days to children 13 years of age or older but younger   than 18 years of age who are victims of human trafficking alleged   under Section 20A.02, Penal Code;                      (C)  is located in a municipality with a   population of at least 600,000 that is in a county on an   international border; and                      (D)  meets one of the following criteria:                            (i)  is licensed by, or operates under an   agreement with, a state or federal agency to provide shelter and   care to children; or                            (ii)  meets the eligibility requirements for   a contract under Section 51.005(b)(3);                (24)  a facility that provides respite care exclusively   for a local mental health authority under a contract with the local   mental health authority; [or]                (25)  a living arrangement in a caretaker's home   involving one or more children or a sibling group in which the   caretaker:                      (A)  has a written authorization agreement under   Chapter 34, Family Code, with the parent of each child or sibling   group to care for each child or sibling group;                      (B)  does not care for more than six children,   excluding children who are related to the caretaker; and                      (C)  does not receive compensation for caring for   any child or sibling group; or                (26)  a faith-based child-care facility established   under Subchapter I.          (d)  A facility exempt from the provisions of Subsection (a),   other than a faith-based child-care facility established under   Subchapter I, that desires to receive or participate in federal or   state funding shall be required to comply with all other provisions   of this chapter and with all regulations promulgated under this   chapter.   ARTICLE 4. EFFECTIVE DATE          SECTION 4.01.  This Act takes effect September 1, 2025.