Bill Caption

Relating to the licensing of certain facilities, homes, and agencies that provide child-care services.

Fiscal Notes

From the LBB: Estimated Two-year Net Impact to General Revenue Related Funds for SB 1208, As Introduced: a negative impact of ($2,366,271) through the biennium ending August 31, 2019. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

Bill Analysis

This bill would amend the definition of “general residential operation” in the Human Resources Code to mean a child-care facility that provides care to 7 or more children 24 hours a day. The bill also adds the definition for “Continuum-of-care residential operation” to mean a group of residential child-care facilities that operate under the same license or certification and provide a continuum of services. The bill would add a definition for “cottage family home” to mean a family residential setting with one or more homes operating under the license of a foster family operation in which each home has one houseparent who lives at the home and cares for not more than six children. “Specialized child-care home” would be added to mean a child-care facility that provides care for not more than six children and has a director and at least one houseparent who live at home with the children.  

The bill would also allow the Department of Family and Protective Services to issue an exception to allow an agency foster home, cottage family home, or specialized child-care home to expand its capacity to not more than eight children. The rest of the bill is simply amending the code to reflect these changes in definition. The bill would prohibit DFPS from prohibiting the possession of lawfully permitted firearms and ammunition in an agency foster home. 

Vote Recommendation Notes

This bill is intended to begin the much needed process to increase capacity in the foster care system by increasing the flexibility of how foster care homes can be licensed and allowing an exception for certain homes to expand their capacity. However, this bill makes largely procedural changes that do not appear to have a connection to our liberty principles, therefore we remain neutral.