Texas has recently experienced tragic situations involving the death or serious injuries of children in daycare facilities in the state, including one situation in which a three-year-old child died after being left in a hot van, leading to the closing of the daycare facility. The American-Statesman published a three-day, 12-part investigative series that found that 88 children had died of abuse or neglect in Texas daycare centers since 2007, thousands of others were physically injured and more than 450 were sexually abused. The report also discussed how the state had not been effective in punishing daycare centers that had a history of violations and failed to take advantage of opportunities to ensure these centers were safe.
Lawmakers took note and quickly spurred to action. Noting the concerns highlighted in this report, a bipartisan group of representatives and senators from Austin, College Station, Houston and Laredo are in the process of adopting a series of sweeping changes to reform childcare laws in Texas.
Daycare Problems in Texas
Texas has historically struggled with the ability to enforce standards at its childcare centers and licensed daycare homes that are inspected. Additionally, there are many home-based daycare operations that inspectors may not see or be aware of until a tragedy occurs. The new proposed laws concentrate on addressing both of these regulatory issues.
About the Proposed Laws
Senate Bill 568 would help the Health and Human Services Commission take action that would curb the behavior of childcare providers who have been cited by inspectors for violations but continue their operations. Under this proposed law, childcare facilities would be subject to fines in the following amounts and for the following actions:
- $1,000 for each violation regarding abuse, neglect or exploitation
- $500 for failing to report to a parent, guardian or Texas’ Health and Human Services Commission that a child sustained or developed an injury or illness that required professional medical care
- $50 for failing to inform parents about a finding of abuse or neglect
This bill has passed both chambers and is waiting for any amendments that the House might add.
Senate Bill 569 increases regulatory oversight of “listed family homes.” This refers to legally-operated home-based daycare operations that are allowed to watch up to three unrelated children at a time. Prior regulations only required that business owners pay a small fee and pass a background check. The proposed law would require that these homes follow certain safety rules and be subject to periodic inspections.
Senate Bill 706 would help uncover unlicensed daycare centers that are illegally operating. In 2013, legislators provided money for a unit of investigators who would look through Facebook, Craigslist and other listing services to search for advertisements for facilities that were not listed with the state. However, in 2017, the Health and Human Services Commissions reassigned these employees to other areas, but legislators were unaware of this reassignment until learning about it from the Statesman. The state budget for 2020 and 2021 includes $2 million a year for the state to hire 20 new employees. The proposed bill would require this agency to use the 20 positions for investigative purposes.
While the other bills seek to change the current laws, Senate Bill 708 seeks to lay the groundwork for reforms in the future. This bill would require the state to gather data on daycare injury rates and class sizes. Several studies indicate that a larger class size is a strong predictor of the likelihood of injuries. Texas allows some of the largest class sizes in the nation, resulting in facilities possibly having an inadequate number of workers to properly care for the children in their care. One caregiver can currently be responsible for nine 18-month-old children or fifteen 3-year-old children. Both chambers have approved this bill.
Possible Impact of the Childcare Reforms
If all of the proposed laws are enacted, Texas parents would have greater reason to believe that their children are safe while in someone else’s care. The possible impact of the proposed childcare reforms include:
- Regulators will have access to more tools to punish daycare facilities that violate safety rules
- Additional employees will be put in place to find illegal daycare operations, which are responsible for approximately half of childcare deaths
- More daycare operations would be subject to routine inspections
- Additional research will be completed to improve childcare facility safety
Response to Daycare Abuse or Neglect
Although lawmakers are proud of their attention to this matter, they recognize that regular oversight and continued discussions on how to address daycare safety concerns are still necessary.’
If you believe that your child has been abused or neglected while in a daycare, it is important to discuss your concerns with an experienced lawyer. We can discuss your rights and your legal options during a confidential, complimentary consultation.
