2019 tacfs conference rccl update · 8/1/2019 2019 tacfs –rccl update 11 topic: general...
TRANSCRIPT
2019 TACFS Conference
RCCL UpdateSeptember 2019
Standards Review
• Conducted every 6 years
• Surveys went to providers early September & closed September 19th
• Forums start in the early spring
• Approximately 13 forums statewide
• Bring specific suggestions!
• See you there!
8/1/20192019 TACFS – RCCL Update
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House Bill 2363
8/1/2019 2019 TACFS – RCCL Update 3
Topic: Storage of Firearms and Ammunition
Applies to: Child Placing Agencies, Agency Foster Family Homes
Summary: Allows for the storage of firearms and agency foster homes to: • Continue to store the weapon and ammunition
separately or • Store the weapon and ammunition together in the same
locked location, if the firearm is stored with a trigger locking device.
Implementation:1. A child-placing agency may update the agency’s policy regarding firearm
storage at any time to allow for ammunition and firearms be stored together - as long as the firearm is attached to a trigger locking device. After the CPA updates the policies, the agency should follow-up with each agency home that has firearms to ensure compliance with the policy.
2. Effective 9/1/2019, Licensing staff will not cite a violation of §749.2961(a)(1)(D), which requires firearms and ammunition to be stored separately, if the storage is in compliance with this legislation.
House Bill 2764
8/1/19 2019 TACFS – RCCL Update 4
Topic: Verification of Foster Family Homes
Effective Date: September 1, 2019 (No action is needed until amended rules are adopted)
Applies to: Child Placing Agencies (CPAs)
Summary: Requires CCL adopt to adopt rule to allow:• A CPA to waive certain standards relating to pre-service
training, annual training, or other requirements not directly related to child care for agency foster homes who provide care for children in the state’s custody and have no violations;
• A CPA to issue a provisional verification for prospective agency foster homes while the foster parent completes training mandated by DFPS Contracts.
Implementation Will follow Comprehensive Rule Review & new standards
House Bill 4260
8/1/2019 2019 TACFS – RCCL Update 5
Topic: Epinephrine Auto-Injectors
Effective Date: September 1, 2019 (No action is needed until direction is provided by CCL)
Applies to: General Residential Operations and Independent Foster Family Homes
Summary: Requires DSHS to adopt rules allowing child care operations to adopt policies regarding the maintenance, administration, and disposal of epinephrine auto-injectors.
Includes training requirements for operations that choose to have an auto-injector on site.
Implementation: Will follow Comprehensive Rule Review, new standards, & HHSC Coordination with DSHS
Senate Bill 568 (1 of 2)
8/1/2019 86th Legislative Update – RCCL 6
Topic: Search Texas Child Care Website
Summary: Requires CCL to:
Expand the licensing history available on the Search Texas Child Care website from 3 years to 5 years.
Topic: Liability Insurance
Summary: Requires operations to: • provide proof of liability insurance to CCL annually; or • notify parents in writing if the operation does not have
liability insurance.
Requires CCL to develop a form for providers to use to notify parents that the operation does not have liability insurance and make available to providers on the HHSC website. Requires CCL to impose a $50 administrative penalty for each day that an operation fails to notify parents that the operation does not have liability insurance.
Senate Bill 568 (2 of 2)
8/1/2019 2019 TACFS – RCCL Update 7
Topic: Violation of Abuse, Neglect, or Exploitation
Summary: Requires operations to notify all parents in writing if cited for a violation of abuse, neglect, or exploitation.
Topic: Permit Renewal
Summary: • As part of permit renewal process, requires CCL to evaluate the operation’s history for repeated violations or patterns of violations.
• Allows CCL to refuse to renew a permit if an operation has violations that have not yet been corrected and the compliance date has passed.
• Allows CCL to place restrictions, conditions, or additional requirements on a permit for repeated or patterns of violations prior to renewing.
• Makes refusal to renew an adverse action
Topic: Reporting Injuries and Illness
Summary: Requires operation to timely notify a parent or guardian when:• A child has an injury that requires medical treatment• A child has an injury or illness that requires hospitalization Requires CCL to impose a $500 administrative penalty when an operation is cited for one of these reporting requirements.
Senate Bill 781(Section 5)
8/1/2019 2019 TACFS – RCCL Update 8
Topic: Public Hearings
Effective Date: On or after September 1, 2019
Applies to: General Residential Operations (GROs)
Summary: The waiver of notice and public hearing requirements currently in place for GROs that intend to provide services to victims of human trafficking does not apply if the operation also intends to provide or provides treatment services to children with emotional disorders.
This change also will require currently licensed GROs that provide treatment services for children with emotional disorders to hold a public hearing, if applicable under 42.0462, before the operation is able to expand capacity.
Implementation: Immediate 9/1/2019
Senate Bill 781(Sections 6-9)
8/1/2019 2019 TACFS – RCCL Update 9
Topic: Enforcement Actions
Effective Date: September 1, 2019 (Additional information will be provided as processes and rules are developed to implement this bill)
Applies to: All child care operations
Summary: Removes evaluation as a form of corrective action.
Broadens the five year ban to an operation that voluntarily closes in lieu of a disciplinary action.
Implementation: Immediate
Senate Bill 781(Section 10)
8/1/2019 2019 TACFS – RCCL Update 10
Topic: General Residential Operations
Effective Date:
September 1, 2019 (No action is needed until direction is provided by CCL)
Applies to: Applicants that intend to provide or provide treatment services to children with emotional disorders
Summary: Adds new Subchapter H to HRC to:• Require additional operational plan at time of application;• Require CCL to approve operational plan prior to the applicant
holding a public hearing (if required);
Implementation:
Pending new minimum standards/policy
Senate Bill 781(Section 10 cont.)
8/1/2019 2019 TACFS – RCCL Update 11
Topic: General Residential Operations
Effective Date:
September 1, 2019 (No action is needed until direction is provided by CCL)
Applies to: Applicants and currently licensed GROs that provide treatment services to children with emotional disorders
Summary: • Require CCL to hold a public hearing to get public input on renewal of a permit if the relevant county commissioner’s court requests one.
