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Tex. Hum. Res. Code § 42.04271

RIGHTS OF PARENT OR GUARDIAN WITH CHILD IN CERTAIN CHILD-CARE FACILITIES

Added by Acts 2023, 88th Leg., R.S., Ch. 1158 (S.B. 1098), Sec. 2, eff

(a) This section applies only to a day-care center, group day-care home, before-school program, after-school program, school-age program, or registered family home.

(b) A parent or guardian of a child at a child-care facility has the right to:

(1) enter and examine the child-care facility during the facility's hours of operation without advance notice;

(2) file a complaint against the child-care facility;

(3) review the child-care facility's publicly accessible records;

(4) review the child-care facility's written records concerning the parent's or guardian's child;

(5) receive from the child-care facility the commission's inspection reports for the child-care facility and information about how to access the child-care facility's compliance history online;

(6) have the child-care facility comply with a court order preventing another parent or guardian from visiting or removing the parent's or guardian's child;

(7) be provided the contact information for the division responsible for regulating the child-care facility, including the division's name, address, and phone number;

(8) inspect any video recordings of an alleged incident of abuse or neglect involving the parent's or guardian's child, provided that:

(A) video recordings of the alleged incident are available;

(B) the parent or guardian of the child is not allowed to retain any part of the video recording depicting a child who is not the parent's or guardian's child; and

(C) the parent or guardian of any other child captured in the video recording receives notice from the facility under Subsection (c);

(9) obtain a copy of the child-care facility's policies and procedures;

(10) review, on the request of the parent or guardian, the facility's:

(A) staff training records; and

(B) any in-house staff training curriculum used by the facility; and

(11) be free from any retaliatory action by the child-care facility for exercising any of the parent's or guardian's rights.

(c) Before allowing a parent or guardian to inspect a video recording under Subsection (b)(8), a child-care facility must provide written notice to the parent or guardian of any other child captured in the video recording.

(d) This section does not affect the ability of a law enforcement agency or the department to access a video recording as part of an investigation of an incident depicted in the video recording.

(e) A child-care facility shall provide the parent or guardian of the child with a written copy of the rights listed in Subsection (b) not later than the child's first day at the facility.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.