| (a) Texas Family Code §261.001(5) includes the
following as a "person responsible for a child's care, custody, or
welfare" in a child care operation:
(1) Foster parent of the child;
(2) Personnel or a volunteer at a public or private
child-care facility that provides services for the child or at a public
or private residential institution or facility where the child resides;
and
(3) An employee, volunteer, or other person working
under the supervision of a licensed or unlicensed child-care facility,
including a family home, residential child-care facility, employer-based
day-care facility, or shelter day-care facility, as those terms are
defined in Chapter 42, Texas Human Resources Code.
(b) For purposes of paragraph (3) of subsection (a),
"an employee, volunteer, or other person working under the supervision
of a licensed or unlicensed child-care facility" means any person
working under the auspices of a child care operation and includes:
(1) Any employee or volunteer of the operation;
(2) Any person under contract with the operation;
(3) A director, owner, operator, or administrator of
an operation;
(4) Anyone who has responsibility for the children
in care;
(5) Anyone who has unsupervised access to the children
in care;
(6) Anyone who regularly or routinely lives or is present
at the operation; and
(7) Any other person permitted by act or omission to
have access to children in care.
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