89R9420 MM-D
 
  By: Garcia of Bexar H.B. No. 5452
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of a crisis nursery facility pilot
  program by the Health and Human Services Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.0464 to read as follows:
         Sec. 42.0464.  CRISIS NURSERY FACILITY PILOT PROGRAM. (a)
  In this section:
               (1)  "Crisis nursery facility" means a child-care
  facility that provides care and supervision for children who are
  voluntarily placed for temporary care for all or part of the 24-hour
  day by a parent or legal guardian to prevent or help resolve a
  family crisis or stressful situation or address a problem whose
  solution is critical to the family's healthy functioning.
               (2)  "Program" means the crisis nursery facility pilot
  program established under this chapter.
         (b)  The commission shall establish and administer the
  crisis nursery facility pilot program in Bexar County to address
  the need for temporary care for children and improve outcomes for
  families experiencing a crisis or a stressful situation, including
  escaping domestic violence.
         (c)  Under the program, the commission shall:
               (1)  establish child-care licensing regulations and
  requirements for crisis nursery facilities; and
               (2)  provide grants to eligible municipalities or
  nonprofit organizations located in or otherwise serving Bexar
  County to establish crisis nursery facilities.
         (d)  The commission shall establish application criteria and
  requirements for the acceptable use of money under the program.  The
  application criteria must require applicants to:
               (1)  demonstrate substantial need for emergency child
  care or a high rate of child removal by the department in the
  municipality or local area served by the applicant;
               (2)  demonstrate capacity to meet child-care licensing
  regulations and requirements established by the commission;
               (3)  provide a detailed plan for the establishment of a
  crisis nursery facility under the program that includes:
                     (A)  details regarding the proposed use of money
  received under the program;
                     (B)  information regarding any matching funds or
  funds available to the applicant from gifts, grants, and donations
  other than grants under the program;
                     (C)  the age groups of children the applicant
  proposes to serve; and
                     (D)  the proposed location of the facility; and
               (4)  provide a plan for connecting families who use the
  facility with additional services designed to prevent future family
  crises.
         (e)  The executive commissioner shall adopt rules regarding
  the regulation of crisis nursery facilities. The rules must:
               (1)  specify:
                     (A)  the child-care licensing regulations that
  apply to a facility;
                     (B)  requirements for ensuring the safety and
  well-being of children in the care of the facility, including
  requirements regarding:
                           (i)  food preparation;
                           (ii)  sleeping arrangements;
                           (iii)  safe drop-off and pick-up procedures;
  and
                           (iv)  staff-to-child ratios;
                     (C)  requirements for background checks for
  facility employees and conduct that prevents an individual from
  being eligible to be employed by a facility;
                     (D)  the capacity of a facility based on the size
  of the facility and the children's needs; and
                     (E)  the information that must be collected by the
  facility and submitted to the commission at the request of the
  commission, including deidentified information regarding:
                           (i)  the number of children served by the
  facility;
                           (ii)  the average age of children served by
  the facility;
                           (iii)  the average length of stay for
  children served by the facility;
                           (iv)  any services with which the facility
  connects families served by the facility;
                           (v)  the reasons given for the use of the
  facility; and
                           (vi)  any other information the executive
  commissioner considers necessary to evaluate the program;
               (2)  require that a child may not spend more than 72
  consecutive hours at a crisis nursery facility;
               (3)  allow complaints against a facility to be filed
  with the commission; and
               (4)  require the commission to regularly inspect a
  facility, including each time a complaint is filed against the
  facility.
         (f)  Not later than October 1, 2028, the commission shall
  prepare and submit to the governor, lieutenant governor, speaker of
  the house of representatives, and standing committee of each house
  of the legislature with primary jurisdiction over the commission a
  report on:
               (1)  an evaluation of the program's effectiveness; and
               (2)  recommendations for legislative or other action,
  including a recommendation on whether to continue, expand, or
  terminate the program.
         (g)  The executive commissioner may adopt rules necessary to
  implement this section.
         (h)  This section expires September 1, 2029.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the Health and Human Services Commission shall
  establish the pilot program required under Section 42.0464, Human
  Resources Code, as added by this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2025.