Sec. 42.04271. RIGHTS OF PARENT OR GUARDIAN WITH CHILD IN CERTAIN CHILD-CARE FACILITIES. (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.
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