Saturday, June 1, 1996

Child Care Regulation Laws Toothless; Home Repeatedly Warned

By JUAN B. ELIZONDO Jr.
Associated Press

AUSTIN - Despite earlier reports of child abuse, state officials said Friday there was little they could do about a private home child care operation where an 11-year-old girl allegedly killed a 2-1/2-year-old.

For three years, R.L. and Shirley Murray were warned that they were illegally operating a child care facility in their home. But under Texas law, warnings were all the couple could get, regulators said.

Police this week arrested the Murrays granddaughter and charged her with capital murder in the death of little Jayla Belton, one of several children being care for at the Murray house.

The Murrays' granddaughter, who police would not name because of her age, is being held in a detention center pending legal action.

Art Bussey, an investigator for the Department of Protective and Regulatory Services, said only the person who killed Jayla is responsible. "But I would have liked a chance to intervene," he said.

Bussey said the question is how much government intervention are people willing to accept.

"In this case, more might have helped," he said.

Texas law says that up to three unrelated children may be cared for in a person's home without being regulated by the state.

If four or more unrelated children are cared for, homeowners must register with the Department of Protective and Regulatory Services. But even that can't be enforced.

"It is not a crime to repeatedly violate" registration requirements, said department director Doug Sanders. "If we tried to take them to court, the judge would laugh us out of the courtroom."

Complaints were filed about the Murrays' home care operation at least seven times from 1993 to 1995. The DPRS had found the home in violation of registration requirements twice before Jayla's death on May 24.

The toddler died of a ruptured liver and suffered other injuries, including broken bones. Prosecutors would not say what caused the injuries, but they said the 11-year-old suspect intentionally inflicted them.

According to the Protective and Regulatory Services Department, the Murrays had applied for registration in 1994 but were rejected.

Bussey said reports of child abuse in the home made them ineligible for registration but couldn't keep them from caring for children.

A total of 11 children were in the house when Jayla died.

Six, including the 11-year-old, lived with the Murrays. Some of them were the couple's children; some were grandchildren. The other five children were being cared for at the house, but did not live there.

The children who had been living with the Murrays were taken into protective custody, and the state is suing for permanent custody.

Bussey would not disclose details about the abuse allegations.

Murray, a deacon at Ulit Avenue Baptist Missionary Church, three times declined Associated Press requests for an interview.

But his wife, Shirley, told the Austin American-Statesman, "Whatever she might have done, it was not intentional. She's a big girl and she plays rough, but she is kindhearted and careful."

State regulator Sanders said Texas law on home child care is meant to get homeowners to comply with registration requirements, including inspections and criminal background checks. But he said the law does not include punishment for noncompliance.

"We want to get them to obey the law. That's the way the law works," Sanders said.

Linda Edwards, a department spokeswoman, said the agency can ask for a court injunction against individuals who repeatedly violate the law. But she said that doesn't happen often.
"Sometimes when we do that, the person says 'I'll stop caring for kids' or 'I'll come into compliance,' and nothing is done," she said.

Carole Muenzler, an Austin grandmother, called the lack of enforcement measures appalling.

Mrs. Muenzler testified last year before the Texas House Human Services Committee in favor of a bill to require all home care facilities to be registered. The committee approved the bill, but it never was considered by the full House.

"You have criminals who go to jail - who go against society - and everyone is out to protect their rights. But what about our children?" she asked.

Mrs. Muenzler said lawmakers are afraid to deal with the issue because civil libertarians complain about government regulation in people's homes. But she said if people open their homes and offer child care, they should be subject to regulation.