HB 344 — The qualifications of caregivers employed by day-care ce

90R3346 MM-D By: Ordaz H.B. No. 344 relating to the qualifications of caregivers employed by day-care centers, group day-care homes, family homes, and employer-based day-care facilities.

SECTION 1. Subchapter C, Chapter 42, Human Resources Code, is amended by adding Section 42.04211 to read as follows: Sec. 42.04211. CERTAIN CAREGIVER QUALIFICATIONS. A day-care center, group day-care home, or family home may employ a caregiver who is at least 16 years of age but younger than 19 years of age and has not received a high school diploma or its equivalent, as determined by the department, if the caregiver: (1) is not left alone with sole responsibility for or in charge of an individual child, a group of children, or the day-care center, group day-care home, or family home; (2) works in the same room with and is supervised by a caregiver qualified under department rule; and (3) has not been precluded from providing direct care or having direct access to a child by the department based on the results of a background and criminal history check conducted under Section 42.056.

SECTION 2. Section 42.158, Human Resources Code, is amended to read as follows: Sec. 42.158. CAREGIVER QUALIFICATIONS. (a) A caregiver employed by an employer-based day-care facility operating under this subchapter must: (1) be at least 18 years of age; (2) have received a high school diploma or its equivalent, as determined by the department; (3) receive at least the minimum training required for an employee of a licensed day-care center as prescribed by department rules in accordance with Sections 42.042(p) and 42.0421; (4) have a Child Development Associate or Certified Child-Care Professional credential or an equivalent credential, as determined by the department; and (5) not have been precluded from providing direct care or having direct access to a child by the department based on the results of a background and criminal history check conducted under Section 42.159. (b) Notwithstanding Subsection (a), an employer-based day-care facility may employ a caregiver who is at least 16 years of age but younger than 19 years of age and has not received a high school diploma or its equivalent, as determined by the department, if the caregiver: (1) is not left alone with sole responsibility for or in charge of an individual child, a group of children, or the day-care facility; (2) works in the same room with and is supervised by a caregiver qualified under department rule; and (3) has not been precluded from providing direct care or having direct access to a child by the department based on the results of a background and criminal history check conducted under Section 42.159.

SECTION 3. As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall adopt the rules necessary to implement the changes in law made by this Act.

SECTION 4. This Act takes effect September 1, 2027.