Texas Administrative Code Title 40

Social Services and Assistance: As effective August 6, 2010

Chapter 745

Subchapter A

Division 1

§745.1: What is the relationship between this chapter and the Residential Child Care Licensing chapters?

Chapter 745 takes precedence over conflicting rules in Chapters 720 of this title (relating to 24-Hour Care Licensing) and 727 of this title (relating to Licensing of Maternity Facilities).

Comments

Source Note: The provisions of this §745.1 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 16, 2003, 28 TexReg 7999

Division 2

§745.11: What words must I know to understand this chapter?

The following words have the following meanings when used in this chapter:

(1) I, my, you, and your--An applicant or permit holder, unless otherwise stated or the context clearly indicates otherwise.

(2) We, us, our, and Licensing--The Licensing Division of the Texas Department of Family and Protective Services (DFPS).

Comments

Source Note: The provisions of this §745.11 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333

Division 3

§745.21: What do the following words and terms mean when used in this chapter?

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise:

(1) Abuse--As defined in the Texas Family Code, §261.401(1) (relating to Agency Investigation) and §745.8557 of this title (relating to What is abuse?).

(2) Affinity--Related by marriage as set forth in the Government Code, §573.024 (relating to Determination of Affinity).

(3) Capacity--The maximum number of children that a permit holder may care for at one time.

(4) Caregiver--A person whose duties include the supervision, guidance, and protection of a child or children.

(5) Child--A person under 18 years old.

(6) Child-care facility--An establishment subject to regulation by Licensing which provides assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the establishment operates for profit or charges for its services. A child-care facility includes the people, administration, governing body, activities on or off the premises, operations, buildings, grounds, equipment, furnishings, and materials. A child-care facility does not include child-placing agencies, listed family homes, employer-based child care, or maternity homes.

(7) Child day care--As defined in §745.33 of this title (relating to What is child day care?).

(8) Child-placing agency (CPA)--A person, including an organization, other than the parents of a child who plans for the placement of or places a child in a child-care operation or adoptive home.

(9) Children related to the caregiver--Children who are the children, grandchildren, siblings, great-grandchildren, first cousins, nieces, or nephews of the caregiver, whether by affinity or consanguinity or as the result of a relationship created by court decree.

(10) Consanguinity--Two individuals are related to each other by consanguinity if one is a descendant of the other; or they share a common ancestor. An adopted child is considered to be related by consanguinity for this purpose. Consanguinity is defined in the Government Code, §573.022 (relating to Determination of Consanguinity).

(11) Contiguous operations--Two or more operations that touch at a point on a common border or located in the same building.

(12) Controlling person--As defined in §745.901 of this title (relating to Who is a controlling person in a residential child-care operation?).

(13) Deficiency--Any failure to comply with a standard, rule, law, specific term of your permit, or condition of your evaluation, probation, or suspension.

(14) Designated perpetrator--As defined in §745.731 of this title (relating to What are designated perpetrators and sustained perpetrators of child abuse or neglect?).

(15) Division--The Licensing Division within the Texas Department of Family and Protective Services (DFPS).

(16) Employee--Any person employed by or that contracts with the permit holder, including but not limited to caregivers, drivers, kitchen personnel, maintenance and administrative personnel, and the center/program director.

(17) Endanger--To expose a child to a situation where physical or mental injury to a child is likely to occur.

(18) Exploitation--As defined in the Texas Family Code, §261.401(2) (relating to Agency Investigation).

(19) Finding--The conclusion of an investigation or inspection indicating compliance or deficiency with one or more minimum standards or laws.

(20) Governing body--The entity with ultimate authority and responsibility for the operation.

(21) Governing body designee--The person named on the application as the designated representative of a governing body who is officially authorized by the governing body to speak for and act on its behalf in a specified capacity.

(22) Household member--An individual, other than the caregiver(s), who resides in an operation.

(23) Kindergarten age--As defined in §745.101(1) of this title (relating to What words must I know to understand this subchapter?).

(24) Licensed administrator--As defined in §745.8905 of this title (relating to What is a licensed administrator?).

(25) Minimum standards--The rules contained in Chapters 727 of this title (relating to Licensing of Maternity Facilities), 746 of this title (relating to Minimum Standards for Child-Care Centers), 747 of this title (relating to Minimum Standards for Child-Care Homes), 748 of this title (relating to General Residential Operations and Residential Treatment Centers), 749 of this title (relating to Child-Placing Agencies), 750 of this title (relating to Independent Foster Homes) and Subchapter I of this chapter (relating to Maternity Home Minimum Standards), which are minimum requirements for permit holders that are enforced by DFPS to protect the health, safety and well-being of children.

(26) Neglect--As defined in the Texas Family Code, §261.401(3) (relating to Agency Investigation) and §745.8559 of this title (relating to What is neglect?).

(27) Operation--A person or entity offering a program that may be subject to Licensing's regulation. An operation includes the building and grounds where the program is offered, any person involved in providing the program, and any equipment used in providing the program. An operation includes a child-care facility, child-placing agency, listed family home, employer-based child care, or maternity home.

(28) Parent--A person that has legal responsibility for or legal custody of a child, including the managing conservator or legal guardian.

(29) Permit--A license, certification, registration, listing, compliance certificate, or any other written authorization granted by Licensing to operate a child-care facility, child-placing agency, listed family home, employer-based child care, or maternity home. This also includes an administrator's license.

(30) Permit holder--The person or entity granted the permit.

(31) Pre-kindergarten age--As defined in §745.101(2) of this title (relating to What words must I know to understand this subchapter?).

(32) Program--Activities and services provided by an operation.

(33) Regulation--The enforcement of statutes and the development and enforcement of rules, including minimum standards. Regulation includes the licensing, certifying (both state run and employer-based operations), registering, and listing of an operation or the licensing of an administrator.

(34) Report--An expression of dissatisfaction or concern about an operation, made known to DFPS staff, that alleges a possible violation of minimum standards or the law and involves risk to a child/children in care.

(35) Residential child care--As defined in §745.35 of this title (relating to What is residential child care?).

(36) State Office of Administrative Hearings (SOAH)--See §745.8831 and §745.8833 of this title (relating to What is a due process hearing? and What is the purpose of a due process hearing?).

(37) Sustained perpetrator--See §745.731 of this title (relating to What are designated perpetrators and sustained perpetrators of child abuse or neglect?).

Comments

Source Note: The provisions of this §745.21 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 16, 2003, 28 TexReg 7999; amended to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367

Subchapter B

§745.31: What operations does the Licensing Division regulate?

We regulate child day care and residential child care, including maternity homes and child-placing agencies, unless we determine your operation is exempt from regulation.

Comments

Source Note: The provisions of this §745.31 adopted to be effective March 1, 2002, 27 TexReg 965

§745.33: What is child day care?

Child day care means the care, supervision, training, or education of an unrelated child or children under 14 years old for less than 24 hours per day that occurs in a place other than the child's own home. This definition includes child day care provided to school-age children before and/or after the customary school day.

Comments

Source Note: The provisions of this §745.33 adopted to be effective March 1, 2002, 27 TexReg 965

§745.35: What is residential child care?

Residential child care means the care, custody, supervision, assessment, training, education, or treatment of a child who is not related by blood, marriage, or adoption to the owner or operator of the operation, for all of the 24-hour day, regardless of whether the operation is operated for profit or charges for the services it offers.

Comments

Source Note: The provisions of this §745.35 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.37: What specific types of operations does Licensing regulate?

The charts in paragraphs (1), (2), and (3) of this section list the types of operations for child day care and residential child care that we regulate. Maternity homes, child-placing agencies, and foster homes verified by a child-placing agency are included in the residential child-care chart.

(1) Types of Child Day-Care Operations before September 1, 2003.

Attached Graphic

(2) Types of Child Day-Care Operations on and after September 1, 2003.

Attached Graphic

(3) Types of Residential Child-Care Operations.

Attached Graphic

Comments

Source Note: The provisions of this §745.37 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective November 1, 2002, 27 TexReg 9393; amended to be effective September 16, 2003, 28 TexReg 7999; amended to be effective March 1, 2006, 31 TexReg 858; amended to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367

§745.39: Does Licensing regulate state agencies that run child-care operations?

Yes. While state agencies that run non-exempt operations do not have to obtain a license from us, they must obtain a certificate. We will monitor the operation on a regular basis for compliance with minimum standards.

Comments

Source Note: The provisions of this §745.39 adopted to be effective March 1, 2002, 27 TexReg 965

§745.41: How do I start a child day care or residential child-care operation, maternity home, or child-placing agency?

You must apply for a permit, unless we determine you are exempt from regulation. See more about applying for a permit in Subchapter D of this chapter (relating to Application Process). See more about being exempt from regulation in Subchapter C of this chapter (relating to Operations that are Exempt from Regulation).

Comments

Source Note: The provisions of this §745.41 adopted to be effective March 1, 2002, 27 TexReg 965

Subchapter C

Division 1

§745.101: What words must I know to understand this subchapter?

These words have the following meanings:

(1) Kindergarten age--At least five years of age on September 1.

(2) Pre-kindergarten age--Three and four years of age.

(3) Nearby--A person is in the same building, across the street from, or in the same city block as the operation.

Comments

Source Note: The provisions of this §745.101 adopted to be effective March 1, 2002, 27 TexReg 965

Division 2

§745.111: What does "exempt from regulation" mean?

You can operate your program legally without receiving a license from us. We do not require you to comply with our statutes, rules, and standards.

Comments

Source Note: The provisions of this §745.111 adopted to be effective March 1, 2002, 27 TexReg 965

§745.113: What programs are exempt from regulation by Licensing?

The programs exempt from regulation by Licensing fall into four categories:

(1) Certain programs and facilities regulated by other government entities;

(2) Programs of limited duration;

(3) Educational facilities and programs; and

(4) Miscellaneous programs.

Comments

Source Note: The provisions of this §745.113 adopted to be effective March 1, 2002, 27 TexReg 965

§745.115: What programs regulated by other governmental entities are exempt from Licensing regulation?

The following programs and facilities are exempt from our regulation:

Attached Graphic

Comments

Source Note: The provisions of this §745.115 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2004, 28 TexReg 11353; amended to be effective March 1, 2008, 33 TexReg 1367

§745.117: Which programs of limited duration are exempt from Licensing regulation?

The following programs of limited-duration are exempt from our regulation:

Attached Graphic

Comments

Source Note: The provisions of this §745.117 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342; amended to be effective June 1, 2010, 35 TexReg 4184

§745.119: What educational facilities are exempt from Licensing regulation?

The following educational facilities and programs are exempt from our regulation:

Attached Graphic

Comments

Source Note: The provisions of this §745.119 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2008, 33 TexReg 4190; amended to be effective June 1, 2010, 35 TexReg 4184

§745.121: What if my educational facility meets every criterion for an education exemption, except some of the children in care are younger than the exemption allows?

You must obtain a permit for the portion of your program caring for children younger than the exemption allows.

Comments

Source Note: The provisions of this §745.121 adopted to be effective March 1, 2002, 27 TexReg 965

§745.123: What if my educational facility meets every criterion for an education exemption, except some of the children in care stay in care longer than the number of hours the exemption allows?

You must obtain a permit for the portion of your program caring for children longer than the number of hours the exemption allows.

Comments

Source Note: The provisions of this §745.123 adopted to be effective March 1, 2002, 27 TexReg 965

§745.125: Are additional exemption criteria required for an educational facility that provides residential child care?

Yes, if your educational facility offers residential child care, then you must meet the criteria in §745.119 of this title (relating to What educational facilities are exempt from Licensing regulation?) and the following additional criteria to be exempt from our regulation:

(1) Parents must retain primary responsibility for financial support, health problems, or serious personal problems of the students; and

(2) The provision of residential child care must be solely for the purpose of facilitating the student's participation in the educational program and must not exist apart from the educational aspect of the facility.

Comments

Source Note: The provisions of this §745.125 adopted to be effective March 1, 2002, 27 TexReg 965

§745.127: What does an accrediting organization need to submit to Licensing to determine exemption from regulation for its educational facilities under §745.119(4) of this title (relating to What educational facilities are exempt from Licensing regulation?)?

The organization to which educational facilities belong must send the following to us:

(1) Documentation that the organization has its own health, safety, fire, and sanitation standards that are equal to those required for licensed operations, or documentation that the organization requires members to comply with state, county, or municipal health, safety, fire, and sanitation codes;

(2) A plan to ensure that members comply with either the health, safety, fire, and sanitation standards of the organization or the health, safety, and fire codes of the state, county, or municipality. We must review the monitoring plan of the organization; and

(3) A list of names and addresses of current members. This list must be updated when new members are accredited or educational facilities cease to be members.

Comments

Source Note: The provisions of this §745.127 adopted to be effective March 1, 2002, 27 TexReg 965

§745.129: What miscellaneous programs are exempt from Licensing regulation?

The following miscellaneous programs are exempt from our regulation:

Attached Graphic

Comments

Source Note: The provisions of this §745.129 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective November 1, 2002, 27 TexReg 9393; amended to be effective March 1, 2006, 31 TexReg 858; amended to be effective March 1, 2008, 33 TexReg 1367; amended to be effective June 1, 2010, 35 TexReg 4184

§745.131: How do I request an exemption?

You must submit a description of the program on a form we provide. You must also submit additional documentation to verify that your program meets the criteria required for an exemption. If you think your educational facility is exempt under the provisions of §745.119(1), (2), or (3) of this title (relating to What educational facilities are exempt from Licensing regulation?), then you may contact us to determine whether you need to complete an exemption form.

Comments

Source Note: The provisions of this §745.131 adopted to be effective March 1, 2002, 27 TexReg 965

§745.133: When will I know if my program is exempt?

We must notify you within 21 days after we receive all of the information necessary for us to review whether your program meets all exemption criteria. If the information you submit does not satisfy the exemption criteria, we may request additional documentation or visit your program to gain additional information so that we may determine whether your program meets the criteria for exemption.

Comments

Source Note: The provisions of this §745.133 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2010, 35 TexReg 4184

§745.135: What if Licensing determines that my program does not meet the exemption criteria outlined in this subchapter?

If we determine that your program does not meet all criteria for exemption, we will send you a letter stating that you must apply for a permit. If your program does not meet the exemption criteria outlined in this subchapter, you must take immediate steps to follow Licensing instructions to apply for a permit. We will give you written instructions about submitting an application within certain time frames. You will be operating illegally if you continue to operate without meeting Licensing requirements. We may file suit in district court for both a civil penalty and injunctive relief if you knowingly engage in activities that require a license or registration.

Comments

Source Note: The provisions of this §745.135 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2010, 35 TexReg 4184

§745.137: What if I disagree with Licensing's determination that my program is not exempt?

You may request an administrative review if you disagree with the determination. See Subchapter M of this chapter (relating to Administrative Reviews and Due Process Hearings).

Comments

Source Note: The provisions of this §745.137 adopted to be effective March 1, 2002, 27 TexReg 965

§745.139: What will Licensing do if I operate a combination of exempt and regulated programs?

If the programs are separate, each program that meets the criteria for an exemption is exempt. If they are not separate, then they are all subject to our regulation. To demonstrate that the programs are separate, you must show that the programs:

(1) Have separate caregivers or have caregivers that do not provide care to more than one program at the same time; and

(2) Do not use the same building or areas at the same time, except that the programs may share restrooms and indoor/outdoor activity areas if you have a written plan regarding how caregivers from each program will supervise children using shared spaces.

Comments

Source Note: The provisions of this §745.139 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2010, 35 TexReg 4184

§745.141: In what circumstances may I apply for a permit even though my program is exempt?

You may apply for a permit if you must have one for your program to receive public funding. If we issue you a permit, then you must comply with all statutes, rules, and minimum standards that apply to that permit.

Comments

Source Note: The provisions of this §745.141 adopted to be effective November 1, 2002, 27 TexReg 9393

§745.143: If my program is exempt and does not need regulation for funding purposes, can I still obtain a permit from Licensing?

No, if your program is exempt and we do not regulate it under §745.141 of this title (relating to In what circumstances may I apply for a permit even though my program is exempt?), we will not issue you a permit.

Comments

Source Note: The provisions of this §745.143 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective November 1, 2002, 27 TexReg 9393

Subchapter D

Division 1

§745.201: What words must I know to understand this subchapter?

These words have the following meanings:

(1) Nearby--For child day-care operations, "nearby" means next to, across the street from, or in the same city block. For residential child-care operations, "nearby" means across the street from, in the same city block, or on the same property.

(2) Newspaper of general circulation--A community's own newspaper, or if this is not available, a newspaper purporting to serve the community, or the daily newspaper of the nearest metropolitan area.

Comments

Source Note: The provisions of this §745.201 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333

Division 2

§745.211: What are the different parts of the application process?

The application process includes:

(1) The pre-application interview;

(2) The submission of the application materials;

(3) Public notice and hearing requirements for residential child-care operations;

(4) Reviewing the application for compliance with minimum standards, rules, and statutes;

(5) Accepting the application as complete, or returning it if incomplete; and

(6) The decision to issue or deny a permit.

Comments

Source Note: The provisions of this §745.211 adopted to be effective March 1, 2002, 27 TexReg 965

§745.213: What is the purpose of the pre-application interview?

The pre-application interview teaches applicants about the application process, the licensing requirements, and the administrative procedures.

Comments

Source Note: The provisions of this §745.213 adopted to be effective March 1, 2002, 27 TexReg 965

§745.215: How does Licensing conduct the pre-application interview?

We conduct the pre-application interview in the following ways to meet the needs of both our staff and the applicant:

(1) A group meeting or orientation class;

(2) A Licensing office interview;

(3) An interview at the applicant's office;

(4) An interview at the potential operation; or

(5) A telephone interview, if we cannot handle the interview any other way.

Comments

Source Note: The provisions of this §745.215 adopted to be effective March 1, 2002, 27 TexReg 965

Division 3

§745.241: Who must submit the application for a permit?

The individual or governing body planning to operate the program must return a completed application to us, unless we have determined the program is exempt from regulation.

Comments

Source Note: The provisions of this §745.241 adopted to be effective March 1, 2002, 27 TexReg 965

§745.243: What does a completed application for a permit include?

Application forms vary according to the type of permit. We will provide you with the required forms. Contact your local Licensing office for additional information. The following table outlines the requirements for a completed application:

Attached Graphic

Comments

Source Note: The provisions of this §745.243 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 16, 2003, 28 TexReg 7999; amended to be effective January 1, 2007, 31 TexReg 9333; amended to be effective March 1, 2008, 33 TexReg 1367

§745.245: How do I demonstrate that the governing body is not delinquent in paying the franchise tax?

If the governing body is a for-profit corporation or a limited liability company, then you must submit:

(1) The governing body's most recent Franchise Tax Certificate of Good Standing; or

(2) The Articles of Incorporation if the corporation or company has not existed long enough to owe the tax at the time of the application; or

(3) Documented proof that Texas Tax Code, Chapter 171, exempts the corporation or company from paying the tax.

Comments

Source Note: The provisions of this §745.245 adopted to be effective March 1, 2002, 27 TexReg 965

§745.247: What happens if the governing body is delinquent in paying the tax after receiving a permit from Licensing?

A permit holder must immediately forward us a copy of any written notice from any governmental entity indicating that the holder's corporate privileges are forfeited and/or in danger of forfeiture. We may suspend a permit held by a governing body that forfeits its corporate privileges. The suspension will end if the forfeiture is set aside and the corporate privileges are revived as set forth in the Texas Tax Code. We may revoke the permit held by a governing body that does not forward to us a copy of forfeiture notice and loses its corporate privileges.

Comments

Source Note: The provisions of this §745.247 adopted to be effective March 1, 2002, 27 TexReg 965

§745.249: What insurance coverage must I have for my licensed operation?

You must obtain liability insurance coverage for injury to a child that occurs while the child is in your care or on the premises of the operation in the amount of at least $300,000 for each occurrence of negligence. We do not require a certified operation or licensed child-care home to have liability insurance.

Comments

Source Note: The provisions of this §745.249 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 16, 2003, 28 TexReg 7999

§745.251: What are acceptable reasons for not obtaining liability insurance?

Acceptable reasons are:

(1) Financial reasons;

(2) Lack of availability of an underwriter willing to issue a policy; or

(3) Exhaustion of policy limits.

Comments

Source Note: The provisions of this §745.251 adopted to be effective March 1, 2002, 27 TexReg 965

§745.253: How does not obtaining liability insurance affect my application for a permit?

If you do not obtain liability insurance, you must submit with your application a written explanation of why you do not provide the insurance coverage. You must also send us a sample letter or pamphlet with which you plan to inform parents that you do not provide the coverage. If we do not agree with your explanation, we may instruct you to obtain the insurance before we will issue you a permit. If we approve your explanation, we may issue you a permit if you meet the other application requirements. Once you get your permit, you must notify all of the parents of the children in care prior to or at the time each child is enrolled in care that you do not provide insurance coverage.

Comments

Source Note: The provisions of this §745.253 adopted to be effective March 1, 2002, 27 TexReg 965

Division 4

§745.271: After Licensing accepts my application, must I meet any additional requirements before Licensing may approve my application?

Some residential child-care operations must meet the public notice and hearing requirements.

Comments

Source Note: The provisions of this §745.271 adopted to be effective March 1, 2002, 27 TexReg 965

§745.273: Which residential child-care operators must meet the public notice and hearing requirements?

(a) All independent foster family or foster group home operations applying for a permit to operate or requesting to amend their permit to increase capacity and any child-placing agency planning to verify an agency foster family or foster group home must meet the public notice and hearing requirements if:

(1) These homes are in counties with a population of less than 300,000; and

(2) The foster home is not the actual residence of the foster family.

(b) All other residential child-care operations (not including maternity homes) applying for a permit to operate or requesting to amend their license to increase capacity must meet the public notice and hearing requirements if they are located in a county with a population of less than 300,000.

Comments

Source Note: The provisions of this §745.273 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333

§745.275: What are the specific requirements for a public notice and hearing?

The following chart lists the public notice, hearing requirements, and subsequent report you must complete:

Attached Graphic

Comments

Source Note: The provisions of this §745.275 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333

§745.277: What will happen if I fail to comply with public notice and hearing requirements?

If you fail to comply with any one of the public notice and hearing requirements that are set forth under §745.273 of this title (relating to Which residential child-care operations must meet the public notice and hearing requirements?) and §745.275 of this title (relating to What are the specific requirements for a public notice and hearing?), we may do the following, as applicable:

(1) Deny you a permit;

(2) Deny you an amendment to your permit to increase capacity;

(3) Prohibit you from verifying the agency home; or

(4) Invalidate the verification of the agency home.

Comments

Source Note: The provisions of this §745.277 adopted to be effective January 1, 2007, 31 TexReg 9333

§745.279: How may the results of a public hearing affect my application for a permit or a request to amend my permit?

We may deny you a permit or an amendment to increase capacity if we determine that:

(1) The community has insufficient resources to support the children that you propose to serve;

(2) Issuing the license or amending your permit would significantly increase the ratio in the local school district of students enrolled in a special education program to students enrolled in a regular education program, and the increase would adversely affect the children that you propose to serve; or

(3) Issuing the license or increasing the capacity would have a significant adverse impact on the community and would limit opportunities for social interaction for the children that you propose to serve.

Comments

Source Note: The provisions of this §745.279 adopted to be effective January 1, 2007, 31 TexReg 9333

§745.281: How may the results of a public hearing affect my ability to verify an agency foster home or agency foster group home?

We may prohibit you from verifying the proposed agency foster home or agency group foster home if we determine that:

(1) The community has insufficient resources to support the children that the home would serve;

(2) The home would significantly increase the ratio in the local school district of students enrolled in a special education program to students enrolled in a regular education program, and the increase would adversely affect the children that the home would serve; or

(3) The home would have a significant adverse impact on the community and would limit opportunities for social interaction for the children that the home would serve.

Comments

Source Note: The provisions of this §745.281 adopted to be effective January 1, 2007, 31 TexReg 9333

Division 5

§745.301: How long does Licensing have to review my application and let me know my application status?

(a) For all types of permits other than employer-based child care, we have 21 days after receiving your application for a permit to review the paperwork. After the review, we will notify you in writing that your application is either:

(1) Complete and accepted for processing; or

(2) Incomplete, and/or the materials submitted do not show compliance with relevant statues, rules, and minimum standards. The notification letter will explain what is needed to complete the application and/or why your materials do not show compliance.

(b) For an employer-based child-care permit, we have 10 days after receiving your application for a permit to review the paperwork. After the review, we will notify you in writing that your application is either:

(1) Complete and accepted for processing; or

(2) Incomplete, and/or the materials submitted do not show compliance with relevant statues or rules. The notification letter will explain what is needed to complete the application and/or why your materials do not show compliance.

Comments

Source Note: The provisions of this §745.301 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective March 1, 2008, 33 TexReg 1367

§745.303: How many chances do I have to submit all of the required information?

You have three times to submit all required material. If we return your application as incomplete three times, you may not apply again until one year from the date that we returned your last application as incomplete.

Comments

Source Note: The provisions of this §745.303 adopted to be effective March 1, 2002, 27 TexReg 965

Division 6

§745.321: What will Licensing do after accepting my application?

After we accept your application, our process of deciding to issue or deny varies depending on the type of permit you requested. For example, we must conduct an on-site inspection before issuing a compliance certificate, registration, or license to determine compliance with licensing minimum standards, rules, and/or statutes. However, unless you are applying for an employer-based child-care permit, we will decide to issue or deny the permit no later than two months after we accept your application. For an employer-based child-care permit, we will decide to issue or deny the permit no later than 30 days after we accept your application.

Comments

Source Note: The provisions of this §745.321 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333; amended to be effective March 1, 2008, 33 TexReg 1367

§745.323: What if Licensing exceeds its timeframes for processing my application?

You may file a complaint with the Assistant Commissioner for Child-Care Licensing. The Assistant Commissioner will resolve the dispute in a timely manner. We must reimburse you for your application fee if we do not establish good cause for exceeding the time limit.

Comments

Source Note: The provisions of this §745.323 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333

§745.325: How do I file a complaint?

You must send a written request within 30 days after our time limit expires. You must send your request stating the nature of the dispute to the Assistant Commissioner for Child-Care Licensing, Mail Code E-550, Texas Department of Family and Protective Services, P.O. Box 149030, Austin, Texas 78714.

Comments

Source Note: The provisions of this §745.325 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333

§745.327: When does Licensing have good cause for exceeding its timeframes for processing my application?

We have good cause to exceed our timeframes for processing your application in the following circumstances:

(1) We are processing at least 15% more applications than we did in the same quarter of the previous year;

(2) The delay is caused by another public or private entity that we must rely on to process all or part of the applications we receive;

(3) You are the subject of a pending investigation; or

(4) Other conditions exist that give us good cause for exceeding the timeframes.

Comments

Source Note: The provisions of this §745.327 adopted to be effective March 1, 2002, 27 TexReg 965

Division 7

§745.341: What type of permit will Licensing issue me?

(a) We issue a non-expiring permit for listed family homes, registered child-care homes, employer-based child care, and certified operations.

(b) We issue either an initial permit (time-limited) or a non-expiring permit to all licensed operations.

Comments

Source Note: The provisions of this §745.341 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 16, 2003, 28 TexReg 7999; amended to be effective January 1, 2007, 31 TexReg 9333; amended to be effective March 1, 2008, 33 TexReg 1367

§745.343: What is the difference between an initial and non-expiring permit?

An initial permit is a time-limited permit allowing you to operate pending the issuance of a non-expiring permit. A non-expiring permit is effective as long as:

(1) You pay your annual fees, or you are exempt from paying them as set forth in §745.503 of this title (relating to Is anyone exempt from paying fees?);

(2) You remain at the same location and under the same ownership, with the exception of child-placing agencies and registered and listed homes, who can move locations without applying for a permit (See Division 10, Subchapter D of Chapter 745 of this title (relating to Relocation of Operation));

(3) You comply with the minimum standards, rules, and statutes; and

(4) Your permit is not suspended, revoked, or voluntarily surrendered.

Comments

Source Note: The provisions of this §745.343 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333; amended to be effective March 1, 2008, 33 TexReg 1367

§745.345: When does Licensing issue initial licenses?

We must issue an initial license when you meet our Licensing minimum standards, rules, and statutes and one of the following situations exists:

(1) You are not currently in operation but meet the appropriate minimum standards, except those with which compliance cannot be determined in the absence of children or maternity home clients;

(2) You are operating but not currently licensed;

(3) Your operation has changed location and/or has made changes in the type of child-care services it offers;

(4) We licensed you for one type of child care, and you apply to add another type of child care to your program (an initial permit is issued for the new type of child care); or

(5) Change in ownership results in changes in policy and procedure or in the staff who have direct contact with the children or maternity home clients. (See §745.437 of this title (relating to What is a change in the ownership of an operation?)).

Comments

Source Note: The provisions of this §745.345 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333

§745.347: How long is an initial permit valid?

An initial permit is valid for six months from the date we issue it. We may renew it up to an additional six months. You may only have an initial permit for a maximum of one year. The initial permit expires when we issue you a non-expiring one.

Comments

Source Note: The provisions of this §745.347 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333

§745.349: What if I am not able to care for children during the initial period?

We cannot determine compliance with all the Licensing minimum standards unless you have children (or maternity home clients) in care. If you do not have children (or maternity home clients) in care during the initial license period:

(1) We may renew your initial permit, if you have not exceeded the maximum one year period;

(2) We may take remedial action, as appropriate; and/or

(3) You may submit a new application form and fees.

Comments

Source Note: The provisions of this §745.349 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333

§745.351: If I have an initial permit, when will I be eligible for a non-expiring permit?

You will be eligible for a non-expiring permit when:

(1) Your initial permit has been in effect for at least three months;

(2) You have met all licensing minimum standards on a continuing basis;

(3) The Licensing staff has made three inspections, unless supervisory approval is obtained to make fewer visits; and

(4) You have paid your non-expiring license fee.

Comments

Source Note: The provisions of this §745.351 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333

§745.353: What can I do if Licensing denies me a permit?

You may request an administrative review and/or an appeal regarding the denial of a permit. The letter notifying you of the denial will include instructions and timeframes for requesting an administrative review and/or an appeal. Also see Subchapters L and M of this chapter (relating to Remedial Actions, and Administrative Reviews and Due Process Hearings).

Comments

Source Note: The provisions of this §745.353 adopted to be effective March 1, 2002, 27 TexReg 965

Division 8

§745.371: Can Licensing issue more than one registration or listing for a single child-care home?

No. We can issue only one registration or listing per single living unit. For a registered family home, if more than one person cares for children in a single living unit or child-care home, the name on the permit must be the name of the primary caregiver. For a listed family home, the name on the permit must be the name of the caregiver.

Comments

Source Note: The provisions of this §745.371 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 16, 2003, 28 TexReg 7999; amended to be effective December 1, 2008, 33 TexReg 9272

§745.373: May I have more than one licensed child-care home?

No, you may not have more than one licensed child-care home. A child-care home must operate in the caregiver's own residence. If you were licensed to operate more than one group day-care home prior to September 1, 2003, you may continue to operate two or more licensed child-care homes as long as the licenses remain valid and you meet the following conditions:

(1) Your facilities are at separate locations;

(2) You maintain your operations separately; and

(3) You do not move children back and forth between the two licensed child-care homes.

Comments

Source Note: The provisions of this §745.373 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 16, 2003, 28 TexReg 7999

§745.375: May I offer child day care at my agency foster home or independent foster home?

You may do so only under the following conditions:

(1) Both the residential child-care and child day-care divisions approve;

(2) The total number of children in care does not exceed six, including your own children, your foster children, and the children to whom you provide child day care; and

(3) You meet the requirements for your registration or listing, including the payment of fees.

Comments

Source Note: The provisions of this §745.375 adopted to be effective March 1, 2002, 27 TexReg 965

§745.379: Can a single operation have more than one child day-care license at the same location?

A single operation may have one license to be a child-care home and another license to be a child-care center if:

(1) Before September 1, 2003, the operation held a license to be a group day-care home and a license to be a kindergarten/nursery school or school for grades kindergarten and above, and these licenses remain valid;

(2) By August 31, 2003, you notified us that you chose to have both a licensed child-care home and licensed child-care center at the same location;

(3) The licensed child-care home does not operate during the same hours as the licensed child-care center;

(4) During the hours that the operation is a child-care home, it meets the minimum standards for child-care homes; and

(5) During the hours that the operation is a child-care center, it meets the minimum standards for child-care centers.

Comments

Source Note: The provisions of this §745.379 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 16, 2003, 28 TexReg 7999

§745.381: Do I need Licensing's permission for my child day-care operation to provide occasional overnight care?

Your child day-care operation may provide overnight care once a month without our permission. For example, you may have an overnight slumber party for the children in care.

Comments

Source Note: The provisions of this §745.381 adopted to be effective March 1, 2002, 27 TexReg 965

§745.383: Can a licensed or registered child day-care operation offer 24-hour care?

Yes, but we must approve your license or registration to care for children both during the day and night. Even then, a child may only be in care for three consecutive 24-hour periods with a maximum of six 24-hour periods per month.

Comments

Source Note: The provisions of this §745.383 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 16, 2003, 28 TexReg 7999

§745.385: Can multiple operations operate under one permit?

(a) Multiple operations may not operate under one permit unless they are:

(1) Contiguous to one another, are the same type of child-care operation, and have the same governing body; or

(2) Not contiguous, but they are the same type of child-care operation, are nearby one another, and operate as a single operation as evidenced by staffing, finance, and administrative supervision effectively supporting the operations.

(b) A permit that we issued prior to September 1, 2005, that allows multiple residential child-care operations to operate under that permit remains valid regarding the addresses listed on the permit until it is revoked or voluntarily relinquished.

Comments

Source Note: The provisions of this §745.385 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 16, 2003, 28 TexReg 7999; amended to be effective January 1, 2007, 31 TexReg 9333

Division 9

§745.401: What fees must I pay when I reapply for a permit?

Unless you are reapplying within 30 days after you withdrew your original application, you must pay all fees. The reapplication is considered an original application.

Comments

Source Note: The provisions of this §745.401 adopted to be effective January 1, 2007, 31 TexReg 9333

§745.403: Can I apply for another permit after Licensing denies or revokes my permit?

(a) If we revoke your child day-care permit or deny you a permit to operate a child day-care operation on or after September 1, 2009, you may not apply for another permit before the fifth anniversary of the date on which the denial or revocation takes effect.

(b) If we revoke your child day-care permit or deny you a permit to operate a child day-care operation prior to September 1, 2009, you may not apply for another permit before the second anniversary of the date on which the denial or revocation takes effect.

(c) If we revoke your residential child-care permit or deny you a permit to operate a residential operation on or after September 1, 2005, you may not apply for another permit before the fifth anniversary of the date on which the denial or revocation takes effect.

(d) A revocation or denial takes effect when:

(1) You have waived or exhausted your due process rights regarding the revocation or denial; and

(2) Our revocation or denial of your permit is upheld.

(e) This rule does not apply if your permit is revoked solely because you have relocated your operation or changed ownership.

Comments

Source Note: The provisions of this §745.403 adopted to be effective January 1, 2007, 31 TexReg 9333; amended to be effective June 1, 2010, 35 TexReg 4184

§745.405: Can I operate after I apply for a permit?

You cannot operate merely because you apply for a permit. We may deny you a permit if you operate before a permit is issued.

Comments

Source Note: The provisions of this §745.405 adopted to be effective January 1, 2007, 31 TexReg 9333

§745.407: What fees must I pay when I apply for another permit after Licensing revokes my permit?

In addition to the fees you would pay with an original application, you must reimburse us for the cost of publishing the notice of revocation.

Comments

Source Note: The provisions of this §745.407 adopted to be effective January 1, 2007, 31 TexReg 9333

Division 10

§745.429: What must I do if I relocate my operation after I receive my compliance certificate?

(a) A change in location automatically revokes your certificate.

(b) If you are going to relocate your operation for any reason, you must notify us as early as possible before the move to voluntarily relinquish your permit. You may reapply for a permit to operate at your new location. See Division 3 of this subchapter (relating to Submitting the Application Materials).

(c) If you fail to notify us before you relocate, we may deny you a permit for the new location.

Comments

Source Note: The provisions of this §745.429 adopted to be effective March 1, 2008, 33 TexReg 1367

§745.431: What must I do if I relocate my family home after I receive my listing?

If you relocate your listed family home, you must notify us as early as possible before the move, but no later than 15 days after the move. You must complete a form provided by us showing the new address. We will amend the listing certificate to reflect the new address. The issuance date on the original listing certificate will remain in effect. There is no additional fee for your change in location. We may revoke your listing if you do not notify us within 15 days of the relocation.

Comments

Source Note: The provisions of this §745.431 adopted to be effective March 1, 2002, 27 TexReg 965

§745.433: What must I do if I relocate my registered child-care home after I receive my registration?

If you relocate your registered child-care home, you must notify us as early as possible before the move, but no later than 15 days after the move. You must complete a form provided by us showing your new address. We will inspect your new location. If you comply with standards, we will amend the registration certificate to reflect the new address. The issuance date on the registration certificate will remain in effect. There is no additional fee for your change in location. We may revoke your registration if you do not notify us within 15 days of the relocation.

Comments

Source Note: The provisions of this §745.433 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 16, 2003, 28 TexReg 7999

§745.435: What must I do if I relocate my operation after I receive my license or certification?

(a) A change in location automatically revokes your permit unless you are licensed or certified to operate a child-placing agency.

(b) For all operations other than child-placing agencies, if you are going to relocate your operation for any reason, you must notify us as early as possible before the move to voluntarily relinquish your permit. You may reapply for a permit to operate at your new location. See Division 3 of this subchapter (relating to Submitting the Application Materials).

(c) If you fail to notify us before you relocate, we may deny you a permit for the new location.

(d) If you are going to relocate your child-placing agency, you must notify us of the move no later than 15 days prior to the move. You must complete a form provided by us showing your new address. We will inspect your new location. If you comply with standards, we will amend the permit to reflect the new address. The issuance date that is on your original permit will remain in effect. There is no additional fee for your change in location.

Comments

Source Note: The provisions of this §745.435 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333; amended to be effective March 1, 2008, 33 TexReg 1367

§745.437: What is a change in the ownership of an operation?

(a) A change in ownership of an operation occurs when:

(1) The owner stated on the permit no longer owns the operation;

(2) The governing body stated on the permit no longer has the ultimate authority and responsibility for the operation;

(3) There is a change in the legal organizational structure of the operation; or

(4) If the permit holder is a type of business entity, that business entity is sold, except as set forth in subsection (b) of this section.

(b) A change in ownership of an operation does not include the acquisition of a corporate permit holder's publicly traded stock if the following conditions exist:

(1) The corporate permit holder listed on the application and on the permit will continue to exist as the same corporate entity and to own and operate the operation;

(2) There will be no change in the operation's policy or procedure because of the transaction;

(3) There will be no change in the staff who have contact with children in care because of the transaction; and

(4) Any change in the day-to-day operations that might occur after the sale is in the ordinary course of business and not as a result of the stock transaction.

Comments

Source Note: The provisions of this §745.437 adopted to be January 1, 2007, 31 TexReg 9333

§745.439: What must I do if the ownership of my employer-based child care changes?

(a) A change in your ownership automatically revokes your permit.

(b) If you are going to change ownership, you must notify us as early as possible before the change. See Division 3 of this subchapter (relating to Submitting the Application Materials).

Comments

Source Note: The provisions of this §745.439 adopted to be effective March 1, 2008, 33 TexReg 1367

Division 11

§745.461: Does a parent have to be at the work site when their child is in care?

A parent must:

(1) Work within the same building in which the child care is located;

(2) Routinely be present at the work site for the majority of the time the child is in care;

(3) Be physically accessible to the child, although a parent may be away from the building for a limited period for lunch, a business meeting, doctor appointment, or to attend training; and

(4) A parent may not be away from the building for more than four hours in a day or for more than ten hours in a week.

Comments

Source Note: The provisions of this §745.461 adopted to be effective March 1, 2008, 33 TexReg 1367

§745.463: What are the qualifications to be a caregiver at an employer-based child care?

A caregiver must:

(1) Be at least 18 years of age;

(2) Have a high school diploma or its equivalent, and upon request verify completion of any high school equivalency program with original documentation to us. A high school equivalent is a program recognized by the Texas Education Agency (TEA) or other public educational entity outside of Texas, which offers training similar to reading, writing, and problem-solving skills taught at the high school level, such as a General Educational Development (GED) certificate;

(3) Meet the requirements in Subchapter F of Chapter 745 of this title (relating to Background Checks);

(4) Before being counted in the caregiver-to-child ratio, complete an orientation for caregivers to include at least the following:

(A) A presentation of your operational policies including discipline, guidance, and the release of children;

(B) An overview of symptoms of child abuse, neglect, and sexual abuse and the responsibility for reporting these;

(C) The procedures to follow in handling emergencies, which may include, but are not limited to, fire, explosion, tornado, toxic fumes, volatile persons, and severe injury or illness of a child or adult; and

(D) The use and location of fire extinguishers and first-aid equipment;

(5) Before being counted in the caregiver-to-child ratio, complete eight hours of pre-service training, as specified in §746.1305 of this title (relating to What must be covered in the eight clock hours of pre-service training for caregivers?), unless exempted as specified in §746.1307 of this title (relating to Are any caregivers exempt from the pre-service training?);

(6) Obtain at least 15 clock hours of training each year as specified in §746.1309 of this title (relating to How many clock hours of annual training must be obtained by caregivers?), §746.1313 of this title (relating to When must annual training for my caregivers and director be obtained?), §746.1317 of this title (relating to Must the training for my caregivers and the director meet certain criteria?), §746.1323 of this title (relating to If I hire a caregiver or a director that received training at another child-care center, may these hours count towards the annual training requirement at my center?), §746.1325 of this title (relating to What is self-instructional and instructor-led training?), and §746.1327 of this title (relating to How many annual training clock hours may caregivers obtain from self-instructional materials?);

(7) Obtain first-aid and CPR training as specified in §746.1315 of this title (relating to Who must have first-aid and CPR training?); and

(8) Have a Child Development Associate, a Certified Child-Care Professional credential, or a day-care administrator's credential issued by a professional organization or educational institution and approved by Licensing based on criteria specified in Subchapter P of Chapter 745 of this title (relating to Day Care Administrator's Credential Program). These credentials require documentation and periodic renewal to remain qualified.

Comments

Source Note: The provisions of this §745.463 adopted to be effective March 1, 2008, 33 TexReg 1367

§745.465: When must my employer-based child care report a serious incident to Licensing?

(a) You must report the following types of serious incidents involving a child in your care. The reports must be made to the following entities, and the reporting must be within the specified time frames:

Attached Graphic

(b) You must report the following types of serious incidents involving your operation or an employee to the following entities within the specified time frame:

Attached Graphic

Comments

Source Note: The provisions of this §745.465 adopted to be effective March 1, 2008, 33 TexReg 1367

§745.467: What are my responsibilities regarding the report of abuse, neglect, or exploitation?

In addition to reporting serious incidents, you must inform your employees of the duty to report suspected abuse, neglect, or exploitation as required by the Texas Family Code, §261.401.

Comments

Source Note: The provisions of this §745.467 adopted to be effective March 1, 2008, 33 TexReg 1367

Subchapter E

§745.501: What type of fees may Licensing charge me?

We may charge the following fees:

(1) Fees for processing your application;

(2) Fees for conducting your background checks;

(3) Fees for issuing your initial license;

(4) Fees for renewing your initial license;

(5) Fees for issuing your non-expiring permit;

(6) Annual fees for maintaining your permit; and

(7) Fees for amending your permit.

Comments

Source Note: The provisions of this §745.501 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333

§745.503: Is anyone exempt from paying fees?

Certified or state-run operations are exempt from paying fees listed in §745.501 of this title (relating to What type of fees may Licensing charge me?). The following residential child-care operations must pay application fees but are exempt from all other fees listed in §745.501 of this title:

(1) Independent foster family homes and foster group homes;

(2) Nonprofit operations that provide residential child care for children in the managing conservatorship of PRS during the 12-month period immediately preceding the anniversary date of the permit; and

(3) Nonprofit operations that provide residential child care and do not charge for that care.

Comments

Source Note: The provisions of this §745.503 adopted to be effective March 1, 2002, 27 TexReg 965

§745.505: What fees must I pay to list my family home and maintain the listing?

The following chart contains the fees required for listed family homes, when the fees are due, and the consequences for failure to pay the fees on time. Note that for listed family homes the fees for background checks are included in the $20 application and annual fees.

Attached Graphic

Comments

Source Note: The provisions of this §745.505 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333

§745.507: What fees must I pay to register my child-care home and maintain the registration?

The following chart contains the fees required for registered child-care homes, when the fees are due, and the consequences for failure to pay the fees on time:

Attached Graphic

Comments

Source Note: The provisions of this §745.507 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 16, 2003, 28 TexReg 7999; amended to be effective January 1, 2007, 31 TexReg 9333

§745.509: What fees must I pay to apply for and maintain a license for an operation?

The following chart contains fees required for licenses, (including child day-care and residential child-care operations, child-placing agencies, and maternity homes), when the fees are due, and the consequences for failure to pay the fees on time:

Attached Graphic

Comments

Source Note: The provisions of this §745.509 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333; amended to be effective June 1, 2008, 33 TexReg 4190

§745.511: Must I pay fees for more than one license if I have separate licenses for different types of operations?

Yes, you must pay a fee for each license, even if the separate licenses are at the same location.

Comments

Source Note: The provisions of this §745.511 adopted to be effective March 1, 2002, 27 TexReg 965

§745.513: If my license allows for different capacities at different times of the day, how does Licensing determine my fees?

We base your fees on the highest capacity.

Comments

Source Note: The provisions of this §745.513 adopted to be effective March 1, 2002, 27 TexReg 965

§745.515: Will I receive notice telling me when my non-expiring and annual fees are due?

Yes, before the due date we will send you a notice that your fees are due along with a Child Care Fee Schedule Form and a return envelope.

Comments

Source Note: The provisions of this §745.515 adopted to be effective March 1, 2002, 27 TexReg 965

§745.517: How do I submit a fee to Licensing?

You must send a cashier's check, corporate check, money order, or certified check made payable to the Texas Department of Protective and Regulatory Services along with a Child Care Fee Schedule Form. Mail the fee information to the Texas Department of Protective and Regulatory Services, Accounting Division E-672, P.O. Box 149030, Austin, Texas 78714-9030. This also applies to background checks.

Comments

Source Note: The provisions of this §745.517 adopted to be effective March 1, 2002, 27 TexReg 965

§745.519: Are any fees refundable?

The following fees are refundable under the conditions noted:

(1) We refund the application fee if the issuance of the permit was late without good cause and the applicant requests the refund;

(2) We refund the initial license fee if the application is withdrawn, or the license is not issued;

(3) We refund the non-expiring license fee if the initial license expires without the non-expiring license being issued; and

(4) We refund the amendment fee if the amendment is not issued.

Comments

Source Note: The provisions of this §745.519 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333

§745.521: What fees must I pay to apply for and to maintain a certificate of compliance?

The following chart contains fees required for your employer-based child care, when the fees are due, and the consequences for failure to pay on time:

Attached Graphic

Comments

Source Note: The provisions of this §745.521 adopted to be effective March 1, 2008, 33 TexReg 1367

§745.523: Who must I submit background checks on, and when must they be submitted?

You must submit background checks on the persons, as applicable, and within the timeframes as required for a licensed child-care center in Subchapter F of this chapter (relating to Background Checks).

Comments

Source Note: The provisions of this §745.523 adopted to be effective March 1, 2008, 33 TexReg 1367

Subchapter F

Division 1

§745.601: What words must I know to understand this subchapter?

These words have the following meanings:

(1) Continuous stay--Staying overnight or consecutive nights at an operation.

(2) Direct care or direct access--Being counted in the child-to-caregiver ratio or having any responsibility that requires contact with children in care.

(3) Frequently present at your operation--More than two non-continuous visits at your operation in a 30-day period; one continuous stay per year at your operation and the duration of the stay exceeds seven days; or more than two continuous stays per year at your operation and the duration of each stay exceeds 48 hours. For foster homes, the following individuals are not considered frequently present at a foster home:

(A) A child unrelated to a foster parent who visits the foster home unless:

(i) The child is responsible for the care of foster children; or

(ii) There is a reason to believe that the child has a criminal history or previously abused or neglected another child; or

(B) An adult unrelated to a foster parent who visits the foster home unless:

(i) The adult has unsupervised access to children in care; or

(ii) There is a reason to believe that the adult has a criminal history or previously abused or neglected a child.

(4) Non-continuous visit--Being physically present at an operation for a period of time of less than 24 hours. Multiple or periodic visits to an operation within the same day is one visit.

(5) Owner--A person who owns a child-care operation. An owner includes:

(A) A sole proprietor;

(B) A partner in a partnership; or

(C) An officer of the governing body if the officer:

(i) Has a role in the every day operation of the facility;

(ii) Participates in making policies that address the everyday operation of the child-care operation or DFPS requirements; or

(iii) Signs background check requests or requests risk evaluations for the operation.

(6) Regularly--On a scheduled basis.

(7) Unsupervised access--The person is allowed to be with children without the presence of a qualified caregiver.

Comments

Source Note: The provisions of this §745.601 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2008, 33 TexReg 4190; amended to be effective June 1, 2010, 35 TexReg 4184

Division 2

§745.611: What are background checks?

There are four types of background checks:

(1) A name-based criminal history check: the Department of Public Safety (DPS) conducts a comparative search between a person's name and the DPS database of crimes committed in the State of Texas;

(2) A fingerprint-based criminal history check: DPS and the Federal Bureau of Investigation (FBI) conduct comparative searches between a person's fingerprints and the DPS database of crimes committed in the State of Texas and the FBI database of crimes committed anywhere in the United States, respectively;

(3) A DFPS central registry check: DFPS conducts a comparative search between a person's name and the DFPS central registry, which is a DFPS database of people who have been found by DFPS's divisions of Child Protective Services, Adult Protective Services, or Licensing to have abused or neglected a child; and

(4) An out-of-state central registry check: a comparative search between a person's name and another state's database of persons who have been found to have abused or neglected a child.

Comments

Source Note: The provisions of this §745.611 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2008, 33 TexReg 4190

§745.613: What is the purpose of background checks?

These checks are completed to determine whether:

(1) A person has any criminal or abuse and neglect history; and

(2) His presence is a risk to the health or safety of children in care.

Comments

Source Note: The provisions of this §745.613 adopted to be effective March 1, 2002, 27 TexReg 965

§745.615: On whom must I request background checks?

(a) You must request a name-based criminal history check and a DFPS central registry check for:

(1) The director, owner, and operator of the operation;

(2) Each person employed at the operation;

(3) Each prospective employee at the operation;

(4) Each current or prospective foster parent providing foster care through a child-placing agency;

(5) Each prospective adoptive parent seeking to adopt through a child-placing agency;

(6) Each person at least 14 years of age, other than a client in care, who:

(A) Is counted in child-to-caregiver ratios in accordance with the relevant minimum standards;

(B) Will reside in a prospective adoptive home if the adoption is through a child-placing agency;

(C) Has unsupervised access to children in care at the operation; or

(D) Resides in the operation;

(7) Each person 14 years of age or older, other than a client in care, who will regularly or frequently be staying or working at an operation or prospective adoptive home while children are in care; and

(8) Applicants for a child-care administrator's license.

(b) In addition:

(1) Before placing a child for whom DFPS is the managing conservator with the agency or in the home, a child-placing agency, independent foster home, and independent foster group home that will accept the placement of children in the conservatorship of DFPS must request a fingerprint-based criminal history check request for:

(A) Any person who applies to be a foster or adoptive parent, including a person that has previously adopted a child unless the person is also verified as a foster or adoptive home; and

(B) Any person 18 years of age or older living in the home of a foster or adoptive parent applicant.

(2) A child-care center must request a fingerprint-based criminal history check for each person who is required to have a name-based background check under subsection (a) of this section unless the person only meets subsection (a)(7) of this section of the name-based check requirements.

(3) You must request a fingerprint-based criminal history check for each person whose name is submitted for a background check under subsection (a) of this section if:

(A) The person has lived in another state any time during the previous five years; or

(B) There is reason to suspect other criminal history exists in another state.

(c) In addition, child-placing agencies and independent foster homes that will accept the placement of children in the conservatorship of DFPS must request an out-of-state central registry check for a foster or adoptive parent applicant who has lived outside of the state any time during the previous five years preceding the person's application to become a foster or adoptive parent.

(d) You do not have to request a background check on professionals who have currently cleared a background check in compliance with another governmental entity's requirements, if you do not employ or contract with the professional.

Comments

Source Note: The provisions of this §745.615 adopted to be effective June 1, 2010, 35 TexReg 4184

§745.617: If my operation is located in a large building that includes other businesses or services, must I request a background check on people working in the building who are not involved in my operation?

You do not have to request a background check unless the individual is regularly or frequently present in the area of the building where the operation is located.

Comments

Source Note: The provisions of this §745.617 adopted to be effective March 1, 2002, 27 TexReg 965

§745.619: For a registered child-care home that is also a foster home, must I request background checks on foster children who are over 14 years old?

No. Foster children are considered clients.

Comments

Source Note: The provisions of this §745.619 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 16, 2003, 28 TexReg 7999

§745.621: Must I request background checks on board members of corporations or associations who own or govern the operation?

No, you do not have to request a background check on an individual board member unless he is specifically listed as one of the persons you must request a background check on in §745.615 of the title (relating to On whom must I request background checks?).

Comments

Source Note: The provisions of this §745.621 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2010, 35 TexReg 4184

§745.623: How do I request a background check?

(a) You must verify and send us the following identifying information for every person required to be checked in §745.615 of this title (relating to On whom must I request background checks?):

(1) Name (last, first, middle), including any maiden or married names or alias;

(2) Date of birth;

(3) Sex;

(4) Social security number;

(5) Current and previous address;

(6) Driver's license or a state issued identification card number; and

(7) Race (this information does not have to be verified).

(b) If you operate a child day-care operation other than a child-care center, you must complete a request for a background check either:

(1) On-line through the DFPS website; or

(2) Send in a request via a signed form provided by your local Licensing office or the DFPS Centralized Background Check Unit.

(c) If you operate a residential child-care operation or a child-care center, you must submit your requests on-line through the DFPS website.

(d) If you operate a child-placing agency or independent foster home, you must also include any addresses, including counties, where a foster or adoptive parent applicant has lived outside of the state of Texas any time during the five years preceding the person's application to become a foster or adoptive parent.

Comments

Source Note: The provisions of this §745.623 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective December 1, 2005, 30 TexReg 7491; amended to be effective June 1, 2008, 33 TexReg 4190

§745.625: When must I submit a request for a background check?

You must submit a request for a background check for all persons required to have a background check under §745.615 of this title (relating to On whom must I request background checks?):

(1) At the time you submit your application for a permit to us;

(2) At the time you hire someone;

(3) At the time you contract with someone who requires a background check;

(4) At the time a person applies to be a foster or adoptive parent;

(5) At the time a non-client resident 14 years or older moves into your home or operation, or a non-client resident living in your home or operation becomes 14 years old;

(6) At the time you become aware of anyone requiring a background check under §745.615 of this title; and

(7) Every 24 months after each person's background check was first submitted.

Comments

Source Note: The provisions of this §745.625 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective December 1, 2005, 30 TexReg 7491; amended to be effective June 1, 2008, 33 TexReg 4190; amended to be effective June 1, 2010, 35 TexReg 4184

§745.626: How soon after I request a background check on a person can that person provide direct care or have direct access to a child?

(a) You must have received the person's DPS and Central Registry name-based check results prior to allowing the person to provide direct care or have direct access to children in care.

(b) If a fingerprint-based check is required, you must receive the results of the fingerprint check prior to allowing the person to provide direct care or have direct access to a child in care, unless:

(1) Your operation is experiencing a staff shortage; and

(2) The results of the name-based DPS and Central Registry checks do not preclude the person's presence at the operation while children are in care.

(c) A person who is allowed to provide direct care under subsection (b) of this section must submit his fingerprints as soon as possible, but not later than 30 days after the earliest date he first provides direct care, has direct access to a child, or is hired. Once you receive the fingerprint-based check results, you must not allow the person to be present at the operation while children are in care if the results contain criminal history that precludes the person from being present at the operation while children are in care.

Comments

Source Note: The provisions of this §745.626 adopted to be effective June 1, 2010, 35 TexReg 4184

§745.629: How do I submit fingerprints for a fingerprint-based criminal history check?

After you make your request through DFPS, you must submit the fingerprints electronically through the assigned applicant fingerprinting service center of DPS.

Comments

Source Note: The provisions of this §745.629 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2008, 33 TexReg 4190

§745.630: If a fingerprint-based criminal history check has already been completed on a person, is a new fingerprint-based criminal history check required for that person every 24 months?

A person does not require a new fingerprint-based criminal history check if:

(1) The person:

(A) Has a fingerprint-based criminal history clearinghouse record from a background check that is accessible to DFPS through the Department of Public Safety clearinghouse; or

(B) Has a fingerprint-based criminal history on record with DFPS; and

(2) It has not been more than 24 months since the last name-based criminal history check was submitted.

Comments

Source Note: The provisions of this §745.630 adopted to be effective June 1, 2008, 33 TexReg 4190; amended to be effective June 1, 2010, 35 TexReg 4184

§745.631: Must Licensing complete the background check(s) before issuing my permit?

If you are applying to operate a licensed child-care home or center, a registered child-care home, a listed family home, an independent foster home or a foster group home, we must receive the results from the background checks before issuing you a permit. For all other permits, we may issue a permit to an applicant before we receive the results of the background checks.

Comments

Source Note: The provisions of this §745.631 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 16, 2003, 28 TexReg 7999; amended to be effective December 1, 2005, 30 TexReg 7491; amended to be effective March 1, 2008, 33 TexReg 1367

§745.633: Can a child-placing agency (CPA) verify a foster home, foster group home, or adoptive home prior to receiving the results of the background checks?

No, a CPA must receive a cleared background check from us before verifying the home.

Comments

Source Note: The provisions of this §745.633 adopted to be effective March 1, 2002, 27 TexReg 965

§745.635: Can I do my own criminal history background checks?

Yes, but your background checks will not replace those we must conduct. You must still send us all the information required in §745.623 of this title (relating to How do I request a background check?).

Comments

Source Note: The provisions of this §745.635 adopted to be effective March 1, 2002, 27 TexReg 965

§745.637: What information may I obtain from Licensing's records regarding a person's previous history in a child-care operation?

We will provide you with information from our records regarding a person's previous history in child care, as long as the information is not confidential.

Comments

Source Note: The provisions of this §745.637 adopted to be effective December 1, 2005, 30 TexReg 7491; amended to be effective June 1, 2010, 35 TexReg 4184

Division 3

§745.651: What types of criminal convictions may preclude a person from being present in an operation?

(a) A misdemeanor or felony under Title 5 (Offenses Against the Person), Title 6 (Offenses Against the Family), Chapter 29 (Robbery) of Title 7, Chapter 43 (Public Indecency) or §42.072 (Stalking) of Title 9, §15.031 (Criminal Solicitation of a Minor) of Title 4, §38.17 (Failure to Stop or Report Aggravated Sexual Assault of Child) of Title 8 of the Texas Penal Code (TPC), or any like offense under the law of another state or federal law;

(b) A misdemeanor or felony committed within the past 10 years under:

(1) The Texas Controlled Substances Act;

(2) The following sections or chapters of the TPC:

(A) §39.04 (Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody);

(B) §42.08 (Abuse of Corpse);

(C) §42.09 (Cruelty to Animals);

(D) §42.091 (Attack on Assistance Animal);

(E) §42.092 (Cruelty to Nonlivestock Animals);

(F) §42.10 (Dog Fighting);

(G) §46.13 (Making a Firearm Accessible to a Child); or

(H) Chapter 49 (Intoxication and Alcoholic Beverage Offenses); or

(3) The Texas Alcoholic Beverage Code, §106.06 (Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor);

(4) Any like offense of the law of another state or federal law; or

(c) Any other felony committed within the past 10 years under the TPC or any like offense of the law of another state or federal law; or

(d) Deferred adjudications covering an offense listed in subsections (a) - (c) of this section, if the person has not completed the probation successfully.

Comments

Source Note: The provisions of this §745.651 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2008, 33 TexReg 4190

§745.653: If a criminal history check reveals a criminal conviction other than those listed in §745.651 of this title (relating to What types of criminal convictions may preclude a person from being present in an operation?), will Licensing notify me of the results?

Yes, we will notify you, but you will not be required to take any action.

Comments

Source Note: The provisions of this §745.653 adopted to be effective March 1, 2002, 27 TexReg 965

§745.655: What types of central registry findings may preclude a person from being present in an operation?

(a) Any sustained finding of child abuse or neglect, including sexual abuse, physical abuse, emotional abuse, physical neglect, neglectful supervision, or medical neglect. For more information on sustained perpetrators, see Division 5 of this subchapter (relating to Designated and Sustained Perpetrators of Child Abuse or Neglect); and

(b) Any central registry finding of child abuse or neglect (whether sustained or not), where we have determined the presence of the person in a child-care operation poses an immediate threat or danger to the health and safety of children. For more information on immediate threat, see Division 6 of this subchapter (relating to Immediate Threat or Danger to the Health or Safety of Children).

Comments

Source Note: The provisions of this §745.655 adopted to be effective March 1, 2002, 27 TexReg 965

§745.657: What is the consequence of having one of these types of criminal convictions or central registry findings?

There are three possible consequences of having either a conviction listed in §745.651 of this title (relating to What types of criminal convictions may preclude a person from being present in an operation?), or a central registry finding listed in §745.655 of this title (relating to What types of central registry findings may preclude a person from being present in an operation?):

(1) A person is permanently barred and must not be present at an operation while children are in care;

(2) A person is temporarily barred and may not be present at an operation while children are in care pending the outcome of the administrative review and due process hearing;

(3) A person must not be present at a child-care operation while children are in care, unless a risk evaluation is approved. See Division 4 of this subchapter (relating to Evaluation of Risk Because of a Criminal Conviction or a Central Registry Finding of Child Abuse or Neglect).

Comments

Source Note: The provisions of this §745.657 adopted to be effective March 1, 2002, 27 TexReg 965

§745.659: What will happen if a person at my child-care operation has a criminal conviction or a central registry finding?

We will notify the child-care operation in writing:

(1) Of any criminal conviction listed under §745.651 of this title (relating to What types of criminal convictions may preclude a person from being present in an operation?), and any central registry finding listed in §745.655(a) of this title (relating to What types of central registry findings may preclude a person from being present in an operation?), including whether:

(A) This conviction or finding permanently bars this person from being present at an operation while children are in care, or whether you may request a risk evaluation for this person; and

(B) If this person is eligible for a risk evaluation, whether this person may be present at your child-care operation while children are in care pending the outcome of the risk evaluation.

(2) Of any central registry finding listed in §745.655(b) of this title. The notification letter will inform you that this person has not at this time had any due process regarding this matter. However, if we determine that he is an immediate threat or danger to the health or safety of children, you must immediately remove him from contact with children. We will subsequently notify your operation of any future decisions regarding this matter, including whether the person may have contact with children.

Comments

Source Note: The provisions of this §745.659 adopted to be effective March 1, 2002, 27 TexReg 965

§745.661: What must I do after Licensing notifies me that a person at my operation has one of these types of criminal convictions or central registry findings?

You must take appropriate action, which may include immediately removing this person from your child-care operation while the children are in care, and/or requesting a risk evaluation for this person. Your decision in this matter should be based upon the information provided to you, as specified in §745.659 of this title (relating to What will happen if a person at my child-care operation has a criminal conviction or a central registry finding?).

Comments

Source Note: The provisions of this §745.661 adopted to be effective March 1, 2002, 27 TexReg 965

§745.663: What if the person with the criminal conviction or central registry finding believes the information obtained is incorrect?

Your responsibilities are the same as noted in §745.661 of this title (relating to What must I do after Licensing notifies me that a person at my operation has one of these types of criminal convictions or central registry findings?). However, you may contact the local Licensing staff who sent the notice letter to discuss the accuracy of the information. For criminal convictions, you may conduct a fingerprint-based criminal history check through DPS to determine the accuracy of the conviction.

Comments

Source Note: The provisions of this §745.663 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2008, 33 TexReg 4190

Division 4

§745.681: When may I request a risk evaluation?

You may request a risk evaluation when:

(1) We have informed you that the person with the criminal conviction or central registry finding of child abuse or neglect is eligible for a risk evaluation; and

(2) You believe the person with the criminal conviction or central registry finding (this may be yourself in some situations) does not pose a risk to the health or safety of children.

Comments

Source Note: The provisions of this §745.681 adopted to be effective March 1, 2002, 27 TexReg 965

§745.683: Who is responsible for submitting a request for a risk evaluation?

(a) If the person with the criminal conviction or central registry finding is an independent foster home parent, a registered child-care home caregiver, or a listed family home caregiver, then he must request the risk evaluation for himself;

(b) If the person with the criminal conviction or central registry finding is a child-placing agency foster parent, adoptive parent, or the non-client child of the foster or adoptive home, then the child-placing agency must request the risk evaluation;

(c) If the person with the criminal conviction or central registry finding is a child-care administrator, then the child-placing agency, general residential operation, or residential treatment center must request the risk evaluation; and

(d) For everyone else, the governing body, director, designee, independent foster home parent, or family home caregiver, as appropriate, must request the risk evaluation.

Comments

Source Note: The provisions of this §745.683 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 16, 2003, 28 TexReg 7999; amended to be effective June 1, 2008, 33 TexReg 4190

§745.685: How do I submit a request for a risk evaluation?

You must complete the risk evaluation form, attach the appropriate documentation, and send the form back to the DFPS Centralized Background Check Unit. If you have been notified that a person who was the subject of the background check may continue to work or be present in child-care pending a risk evaluation, you must return the completed form to us within 21 calendar days.

Comments

Source Note: The provisions of this §745.685 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2008, 33 TexReg 4190; amended to be effective June 1, 2010, 35 TexReg 4184

§745.687: What must I include in my request for a risk evaluation based on criminal history?

You must include the following:

(1) A completed Request for Risk Evaluation Based on Past Criminal History or Central Registry Findings form;

(2) A valid rationale of why the person does not pose a risk to the health or safety of children;

(3) A copy of the record of judicial finding or conviction;

(4) If the individual was incarcerated:

(A) A copy of local, state, or federal release order;

(B) The date the individual was released from incarceration; and

(C) If applicable, the terms and conditions of parole;

(5) If the person was given a probated sentence, information related to the terms and conditions of the probation, including documentation that the person paid all court costs and supervision fees and court-ordered restitution and fines;

(6) If the individual received deferred adjudication, include the date that the probation was or will be completed;

(7) The nature and seriousness of the crime for which he was convicted;

(8) The extent and nature of the person's past criminal history;

(9) Age of the person when the crime was committed;

(10) The time that has elapsed since the person's last criminal activity;

(11) Evidence of rehabilitative effort;

(12) The conduct and work activities of the person;

(13) Other evidence of the person's present fitness, including letters of recommendation from the prosecuting attorney, law enforcement, and correctional officers who were involved in the case;

(14) Documentation showing that the person has maintained a record of steady employment, has supported his children, has maintained a record of good conduct, and has paid any outstanding court costs, fees, fines, and restitution related to the conviction or deferred adjudication; and

(15) If the person is an employee or volunteer or potential employee or volunteer, information about his anticipated job responsibilities, plans for supervision, and hours and days of service.

Comments

Source Note: The provisions of this §745.687 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2008, 33 TexReg 4190

§745.689: What must I include in my request for a risk evaluation based on a central registry finding?

You must include the following:

(1) A completed Request for Risk Evaluation Based on Past Criminal History or Central Registry Findings form;

(2) A valid rationale that the person who has a central registry finding does not pose a risk to the health or safety of children;

(3) The final child abuse or neglect investigation report (Note: If the requester does not have a copy of the record, then the local Licensing staff should include this information in the request.);

(4) Nature and seriousness of the abuse or neglect finding(s);

(5) The extent and nature of the person's past abuse or neglect history;

(6) Age of the person at the time of the abuse or neglect;

(7) The time that has elapsed since the person's last abuse or neglect activity;

(8) Evidence that factors which impact the risk of future abuse or neglect have changed;

(9) Other evidence of the person's present fitness, including letters of recommendation from employers, caseworker, or others who have or have had contact with the person;

(10) The conduct and work activity of the person;

(11) Documentation showing that the person has maintained a record of steady employment, has supported his dependents, and has maintained a record of good conduct; and

(12) If the person is an employee or volunteer or potential employee or volunteer, information related to job responsibilities that would be performed, plans for supervision, and hours and days of service.

Comments

Source Note: The provisions of this §745.689 adopted to be effective March 1, 2002, 27 TexReg 965

§745.691: Will Licensing accept incomplete requests for risk evaluation?

No. We will return your request if it does not include all of the information listed in §745.687 and §745.689 of this title (relating to What must I include in my request for a risk evaluation based on criminal history? and What must I include in my request for a risk evaluation based on a central registry finding?).

Comments

Source Note: The provisions of this §745.691 adopted to be effective March 1, 2002, 27 TexReg 965

§745.693: In what circumstances can someone with a criminal history be present in a child-care operation?

The following chart lists the types of criminal convictions that we monitor, whether the person with the conviction is eligible for a risk evaluation, and whether he may be present in a child-care operation while children are in care pending the outcome of the risk evaluation:

Attached Graphic

Comments

Source Note: The provisions of this §745.693 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 16, 2003, 28 TexReg 7999; amended to be effective June 1, 2008, 33 TexReg 4190

§745.695: In what circumstances can someone with a central registry finding be present in a child-care operation?

The following chart lists the general types of central registry findings that we can release to you, whether the person with the finding is eligible for a risk evaluation, and whether he may be present in a child-care operation while children are in care pending the outcome of the risk evaluation:

Attached Graphic

Comments

Source Note: The provisions of this §745.695 adopted to be effective March 1, 2002, 27 TexReg 965

§745.697: Is an approved risk evaluation permanent?

You do not have to request a risk evaluation for the same criminal conviction or central registry finding that a previous background check revealed if each of the following conditions are met:

(1) Your operation previously requested a risk evaluation for the same finding or criminal conviction, and DFPS approved the risk evaluation;

(2) The more recent check does not reveal a new finding or criminal conviction; and

(3) The circumstances of the person's contact with children at the operation are the same as when we approved the risk evaluation.

Comments

Source Note: The provisions of this §745.697 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2010, 35 TexReg 4184

§745.699: What should I do if a person in my child-care operation is currently the subject of a criminal investigation?

You must report the investigation to us once there is a criminal indictment for a felony or a criminal information for a misdemeanor.

Comments

Source Note: The provisions of this §745.699 adopted to be effective March 1, 2002, 27 TexReg 965

§745.701: May a person arrested or charged with a crime be present in an operation while children are in care?

We determine on a case-by-case basis whether someone arrested or charged with a crime may be present in an operation while children are in care. The person may not be present if a conviction for the arrest or charged offense would prohibit him from being at the operation pending the outcome of a risk evaluation, or if we determine that he poses an immediate threat to the health or safety of children.

Comments

Source Note: The provisions of this §745.701 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2008, 33 TexReg 4190

§745.703: If I have knowledge that a person has a criminal conviction or central-registry finding, can he be present in my operation while children are in care?

This person may be present in your operation while children are in care if you have requested a background check under §745.613 of this title (relating to What is the purpose of background checks?), and:

(1) The results do not indicate that he has a criminal conviction or a central-registry finding that may preclude him from being present in an operation while children are in care under §745.651 and §745.655 of this title (relating to What types of criminal convictions may preclude a person from being present in an operation? and What types of central registry findings may preclude a person from being present in an operation?); or

(2) We have approved a risk evaluation on him.

Comments

Source Note: The provisions of this §745.703 adopted to be effective March 1, 2002, 27 TexReg 965

§745.705: What must I do if a person in my child-care operation is the subject of an abuse or neglect investigation?

If you have knowledge that Child Protective Services is conducting an investigation, you must report this to us immediately. The person under investigation by us or CPS may have contact with children unless we determine that he poses an immediate threat or danger to the health or safety of children.

Comments

Source Note: The provisions of this §745.705 adopted to be effective March 1, 2002, 27 TexReg 965

§745.707: Who makes the final decision on a risk evaluation?

The manager of the DFPS Centralized Background Check Unit or his designee reviews the risk evaluation request and determines whether or not a person with a criminal conviction or central registry finding poses a risk to children in a particular operation.

Comments

Source Note: The provisions of this §745.707 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2004, 28 TexReg 11353; amended to be effective June 1, 2008, 33 TexReg 4190

§745.709: What is the basis of the risk evaluation decision?

We base the risk evaluation decision upon all of the information submitted under §745.687 or §745.689 of this title (relating to What must I include in my request for a risk evaluation based on criminal history? and What must I include in my request for a risk evaluation based on a central registry finding?), the compliance history and regulatory status of the operation, the role and responsibility of the person in his current position, and any federal requirements for adoptive and foster parents regarding criminal convictions.

Comments

Source Note: The provisions of this §745.709 adopted to be effective March 1, 2002, 27 TexReg 965

§745.711: What can I do if I disagree with the risk evaluation decision?

You have no rights to have a risk evaluation decision reviewed or appealed.

Comments

Source Note: The provisions of this §745.711 adopted to be effective March 1, 2002, 27 TexReg 965

Division 5

§745.731: What are designated perpetrators and sustained perpetrators of child abuse or neglect?

(a) A designated perpetrator is a person on the DFPS central registry found by DFPS to have abused or neglected a child, but who has not exhausted his right to an administrative review or due process hearing. See Subchapter M of this chapter (relating to Administrative Reviews and Due Process Hearings).

(b) A sustained perpetrator is also a person on the DFPS central registry found by DFPS to have abused or neglected a child, but who has already been offered his rights to an administrative review and due process hearing, and the:

(1) Designated perpetrator's rights to the administrative review and due process hearing have expired; or

(2) Finding was upheld in the due process hearing.

Comments

Source Note: The provisions of this §745.731 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2010, 35 TexReg 4184

§745.733: Will Licensing release a central registry finding on a designated perpetrator or sustained perpetrator to my operation?

(a) In most situations, we will not release the central registry finding for a designated perpetrator until the designated perpetrator's rights to dispute the finding have been completed. However, there are some instances where we may release the central registry finding on a designated perpetrator before his rights to dispute the finding have been completed. We may release the central registry finding to:

(1) Your operation if we determine the presence of the designated perpetrator is an immediate threat or danger to the health or safety of children. In this situation we will also instruct you that this person must be immediately removed from contact with children;

(2) Individuals who have control over the designated perpetrator's access to children, if we determine the presence of the designated perpetrator is an immediate threat or danger to the health or safety of children;

(3) A court for the purpose of justifying a request for appropriate judicial relief; or

(4) Parents of children in care when we determine the information is necessary to meet a child's needs.

(b) We may release the central registry finding for a sustained perpetrator without any further notification from DFPS to:

(1) Operations with licensing permits or an application for a permit; and

(2) Individuals who have control over the sustained perpetrator's access to children.

Comments

Source Note: The provisions of this §745.733 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2010, 35 TexReg 4184

§745.735: What notice will Licensing send a designated perpetrator or a sustained perpetrator working at an operation?

(a) We will notify the designated perpetrator:

(1) Of the abuse or neglect finding;

(2) Whether we will release the finding to his employer prior to or after the administrative and/or due process hearing is completed; and

(3) Of his rights to an administrative review and due process hearing with instructions on how to request them.

(b) We will not notify a sustained perpetrator of the central registry finding or of any subsequent release of the finding. We notified him of his rights when we designated him as a perpetrator.

(c) If a designated perpetrator is a minor, we will address the designation to the parents of the minor.

Comments

Source Note: The provisions of this §745.735 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2008, 33 TexReg 4190

Division 6

§745.751: What factors does Licensing consider when determining if a person or an operation is an immediate threat to the health or safety of children?

We consider the following:

(1) The severity of the deficiency, including abuse or neglect;

(2) The circumstances surrounding the deficiency, including abuse or neglect:

(3) The seriousness of any injuries to children;

(4) The length of time since the deficiency, including abuse or neglect, occurred;

(5) Whether the deficiency has been repeated;

(6) The compliance history of the operation;

(7) The current regulatory status of the operation;

(8) How quickly corrections to the deficiency can be made;

(9) If any corrections have already been made:

(10) The role of the person in the abuse or neglect;

(11) The current position, role, and responsibilities of the person; and

(12) The degree and/or immediacy of the threat or danger.

Comments

Source Note: The provisions of this §745.751 adopted to be effective March 1, 2002, 27 TexReg 965

§745.753: How will I know whether Licensing has determined that a person or my operation poses an immediate threat or danger to the health or safety of children?

We will notify the person and/or the operation in the original notice of the decision or action that we are taking. The notice will indicate that we have determined the person or the operation poses an immediate threat or danger to the health or safety of children and whether the person may continue to work in their present position or the operation may continue to operate pending the outcome of the administrative review and due process hearing.

Comments

Source Note: The provisions of this §745.753 adopted to be effective March 1, 2002, 27 TexReg 965

Subchapter G

§745.901: Who is a controlling person at a residential child-care operation?

(a) A controlling person of a residential child-care operation is any:

(1) Owner of the operation or member of the governing body of the operation, including, as applicable, an executive, an officer, a board member, a partner, or a sole proprietor;

(2) Person who manages, administrates, or directs the operation or its governing body; or

(3) Person who either alone or in connection with others has the ability to influence or direct the management, expenditures, or policies of the operation. For example, a person may have influence over the operation because of a personal, familial, or other relationship with the governing body, manager, or other controlling person of the operation.

(b) A person does not have to be present at the operation or hold an official title at the operation or governing body in order to be a controlling person.

(c) An employee, lender, secured creditor, or landlord of the operation is not a controlling person unless the person meets a definition in subsection (a) of this section.

Comments

Source Note: The provisions of this §745.901 adopted to be effective January 1, 2007, 31 TexReg 9333

§745.903: When must I submit to Licensing information about a person whom I consider to be a controlling person at my residential child-care operation?

We will provide you with a Controlling Person Form. You must provide us information on the form about each person that is a controlling person at your operation as defined in §745.901(a) of this title (relating to Who is a controlling person at a residential child-care operation?). You must complete and submit this form to your local Licensing office:

(1) When you apply for your permit; or

(2) Within two days after a person becomes a controlling person at your operation.

Comments

Source Note: The provisions of this §745.903 adopted to be effective January 1, 2007, 31 TexReg 9333

§745.905: When will Licensing designate someone at my residential child-care operation as a controlling person?

(a) We will designate each person who meets the definition of a controlling person in §745.901(a) of this title (relating to Who is a controlling person at a residential child-care operation?) as a controlling person at your operation when:

(1) We revoke your permit; or

(2) You voluntarily close your operation or relinquish your permit after you receive notice of our intent to revoke your permit or that we are revoking your permit.

(b) We may designate a person at your operation as controlling, regardless of whether you submitted their name on a Controlling Person Form.

Comments

Source Note: The provisions of this §745.905 adopted to be effective January 1, 2007, 31 TexReg 9333

§745.907: What are the consequences of Licensing designating me as a controlling person?

(a) If we designate you as a controlling person:

(1) We may not issue you a permit to operate a residential child-care operation for five years after our designation is sustained;

(2) You may not be the controlling person at a residential child-care operation for five years after the designation is sustained; and

(3) A residential child-care operation may not employ you for five years after the designation is sustained.

(b) Our designation of you as a controlling person is sustained when the revocation is final and:

(1) You have waived your due process rights regarding the designation; or

(2) The designation is upheld after you have exhausted your due process rights.

Comments

Source Note: The provisions of this §745.907 adopted to be effective January 1, 2007, 31 TexReg 9333

§745.909: What due process rights do I have if Licensing designates me as a controlling person?

(a) If we designate you as a controlling person, we will offer you an administrative review and due process hearing. See Subchapter M of this chapter (relating to Administrative Reviews and Due Process Hearings).

(b) At our discretion, we may combine the administrative review with a review regarding the revocation. The administrative law judge may combine hearings that involve issues related to the same decision or action.

Comments

Source Note: The provisions of this §745.909 adopted to be effective January 1, 2007, 31 TexReg 9333

§745.911: In what other circumstances may I not employ someone because of his previous involvement with a residential child-care operation?

(a) You may not employ a person in any capacity to work in a residential child-care operation if we denied the person a permit because the:

(1) Person is barred from operating a residential child-care operation in another state; or

(2) Person's permit to operate a residential child-care operation in another state was revoked.

(b) The person is prohibited from employment in a residential child-care operation on or after the denial referred to in subsection (a) of this section is final.

(c) If the person is no longer barred from operating in the other state or is subsequently allowed to operate in the other state, then you may employ the person if approved by Licensing.

Comments

Source Note: The provisions of this §745.911 adopted to be effective January 1, 2007, 31 TexReg 9333

§745.913: When does Licensing check whether someone is ineligible for employment at my residential child-care operation?

(a) When you submit a Controlling Person Form to us, we will check to see if any person listed on the form is a sustained controlling person or if the person was denied a residential permit due to compliance history in another state.

(b) When you submit a Request for Criminal History and Central Registry Check for staff as required under §745.615 of this title (relating to On whom must I request background checks?), we will check whether the person is ineligible for employment at your operation for reasons noted under §745.907 of this title (relating to What are the consequences of Licensing designating me as a controlling person?) or §745.911 of this title (relating to In what other circumstances may I not employ someone because of his previous involvement with a residential child-care operation?).

Comments

Source Note: The provisions of this §745.913 adopted to be effective January 1, 2007, 31 TexReg 9333

§745.915: What happens after Licensing determines that someone is ineligible for employment at my operation?

(a) We will notify you if someone is ineligible for employment at your operation.

(b) If the person that we have prohibited you from employing believes that the results of the check are inaccurate, you may contact the local Licensing office that sent the notice to you to discuss the accuracy of the information.

(c) Unless we determine that the results of the check were inaccurate, you must remove this person from your operation.

Comments

Source Note: The provisions of this §745.915 adopted to be effective January 1, 2007, 31 TexReg 9333

Subchapter H

Division 2

§745.4025: What is a post-placement adoptive report?

A post-placement adoptive report is a written evaluation of the assessments and interviews, after the placement of the child, regarding the:

(1) Child;

(2) Prospective adoptive parent(s);

(3) Family of the prospective adoptive parent(s);

(4) Environment of the prospective adoptive parent(s) and their family; and

(5) Adjustment of all individuals to the placement.

Comments

Source Note: The provisions of this §745.4025 adopted to be effective March 1, 2002, 27 TexReg 981

§745.4031: What must occur if another person reviews and approves a portion of the foster home screening, pre-adoptive home screening, or post-placement adoptive report?

(a) All people involved in interviewing, studying, reviewing, and approving the case must have all relevant information and specific directions regarding the case.

(b) Each person responsible for reviewing and approving any portion of a foster home screening, pre-adoptive home screening, or post-placement adoptive report must qualify as a level 1 child-placing staff and be accountable for the finalized home screening or adoptive report (See §745.4027 of this title (relating to What qualifications must I meet to review and approve a foster home screening, a pre-adoptive home screening, or a post-placement adoptive report?)).

Comments

Source Note: The provisions of this §745.4031 adopted to be effective March 1, 2002, 27 TexReg 981

§745.4033: Whom must I interview when conducting a foster home screening, a pre-adoptive home screening, or a post-placement adoptive report?

(a) Interviews for a foster home screening, a pre-adoptive home screening, or post-placement adoptive report for family applicants may be conducted in one visit and must include:

(1) Individual interviews with each prospective foster or adoptive parent;

(2) Individual interviews with each child three years or older living in the home and any other person living full time with the family;

(3) A joint interview with the prospective foster or adoptive parents; and

(4) A family group interview with family members living in the home.

(b) Interviews for a foster home screening and a pre-adoptive home screening for family applicants must also include any minor child 12 years old or older or adult child of the prospective foster or adoptive parents not living in the home. These interviews may be conducted by telephone, in person, or by letter.

Comments

Source Note: The provisions of this §745.4033 adopted to be effective March 1, 2002, 27 TexReg 981

§745.4035: Must I document the interviews for a foster home screening, a pre-adoptive home screening, and a post-placement adoptive report?

Yes. You must document in the record all interviews and attempts to interview persons listed in §745.4033 of this title (relating to Whom must I interview when conducting a foster home screening, a pre-adoptive home screening, or a post-placement adoptive report?). The documentation must include the dates and methods taken to contact the required persons, the date of the interviews, who was present at the interviews, their relationship to the prospective foster or adoptive parents, and a summary of the interviews.

Comments

Source Note: The provisions of this §745.4035 adopted to be effective March 1, 2002, 27 TexReg 981

§745.4037: Is a visit to the home required when conducting a foster home screening, a pre-adoptive home screening, or a post-placement adoptive report?

Yes. You must visit the home when all members of the household are present. You must document in the record the date, persons present, their relationship to the prospective foster or adoptive parents, and observations made during the visit.

Comments

Source Note: The provisions of this §745.4037 adopted to be effective March 1, 2002, 27 TexReg 981

§745.4039: Do the interviews in §745.4033 of this title (relating to Whom must I interview when conducting a foster home screening, a pre-adoptive home screening, or a post-placement adoptive report?) apply to foster homes that are staffed with employees?

You do not have to conduct this interview when studying a foster home that is fully staffed with employees and does not have foster parents. However, you must still visit the home. You must document into the record the date, persons with whom you interface, their position in the home (including "resident"), and your observations.

Comments

Source Note: The provisions of this §745.4039 adopted to be effective March 1, 2002, 27 TexReg 981

§745.4041: What ethical requirements must I follow when conducting a foster home screening, a pre-adoptive home screening, or a post-placement adoptive report?

(a) You must not have a conflict of interest with any party in a disputed suit. You must not allow any previous knowledge of any party that was not exclusively obtained through a home screening or adoptive report to bias you. You must disqualify yourself if a conflict or bias exists. You must present any issues or concerns relating to such a conflict or bias to the court before you accept an appointment. However, unless the court finds you biased, you may conduct subsequent reports in a case you have previously screened.

(b) You must report to us any foster or adoptive placement that appears to have been made by someone other than the child's parents or a child-placing agency.

(c) If you have investigated only one side of a disputed case, you may state whether the party you investigated appears to be suitable for custody. You must refrain from making a custody recommendation, unless otherwise directed by the court.

Comments

Source Note: The provisions of this §745.4041 adopted to be effective March 1, 2002, 27 TexReg 981

§745.4043: Whom must I contact with a complaint about how a pre-adoptive home screening or post-placement adoptive report was conducted?

If a child-placing agency conducted the pre-adoptive home screening or post-placement adoptive report, then contact the agency directly. You may also contact the board that licenses the person who conducted the pre-adoptive home screening or post-placement adoptive report, and/or us. Before conducting the pre-adoptive home screening or post-placement adoptive report, the agency must give you telephone numbers for other entities where it is appropriate to file complaints, which must also be included in the pre-adoptive home screening and post-placement adoptive report.

Comments

Source Note: The provisions of this §745.4043 adopted to be effective March 1, 2002, 27 TexReg 981

Division 3

§745.4063: Must the pre-adoptive home screening include information about birth parents?

If a child has been identified for adoption, then a child-placing agency or person conducting a pre-adoptive home screening must obtain the following information about the birth parents:

(1) Their expectations for adoptive placement, if they chose placement; and

(2) The degree and type of involvement they desire with the adoptive family.

Comments

Source Note: The provisions of this §745.4063 adopted to be effective March 1, 2002, 27 TexReg 981

§745.4065: How do I obtain information about the birth parents?

If you are conducting the pre-adoptive home screening for a child-placing agency and the child has been identified for adoption, obtain the information about the birth parents from the agency records. If the information is not available in the records, then you must make every effort to obtain the information from the birth parents unless their parental rights have been terminated. Document in the pre-adoptive home screening all your efforts to obtain the information. If appropriate, include reasons why you could not obtain the information.

Comments

Source Note: The provisions of this §745.4065 adopted to be effective March 1, 2002, 27 TexReg 981

§745.4067: May I place a child in a home of a prospective adoptive parent before I complete the pre-adoptive home screening?

This may be done in two situations. If the prospective adoptive parent is a:

(1) Member of the child's family related by the second degree of consanguinity or affinity; or

(2) Foster family with whom the child has been living immediately prior to the request for a pre-adoptive home screening.

Comments

Source Note: The provisions of this §745.4067 adopted to be effective March 1, 2002, 27 TexReg 981

§745.4075: Must I complete a pre-adoptive home screening if the prospective adoptive family is a licensed or verified foster home?

(a) For a foster home that is licensed or verified as only a foster home, a pre-adoptive home screening is necessary to discuss the issues with the prospective adoptive parents in the context of adoptive placement rather than foster family placement.

(b) For an agency home that is dually verified as a foster and adoptive home, then the foster home screening will suffice for the pre-adoptive home screening.

Comments

Source Note: The provisions of this §745.4075 adopted to be effective March 1, 2002, 27 TexReg 981

Division 5

§745.4121: Are there requirements in addition to meeting the qualifications listed in §745.4027 of this title (relating to What qualifications must I meet to review and approve a foster home screening, a pre-adoptive home screening, or a post-placement adoptive report)?

Unless PRS is a party to the case, you must complete and notarize a PRS Post-Placement Adoptive Report Registration form, and file this form with the appropriate court(s).

Comments

Source Note: The provisions of this §745.4121 adopted to be effective March 1, 2002, 27 TexReg 981

§745.4123: When must I conduct a post-placement adoptive report?

You must conduct the interviews for a post-placement adoptive report after the child has resided with the prospective adoptive parent or conservator for at least five months, unless otherwise directed by the court. However, you may start the post-placement adoptive report (e.g. the gathering of written information) after the placement of the child.

Comments

Source Note: The provisions of this §745.4123 adopted to be effective March 1, 2002, 27 TexReg 981

§745.4125: What issues should an interview for a post-placement adoptive report address?

Each interview should focus on the adjustment of the family and the child following the placement of the child. You must also address any items required by §745.4061 of this title (relating to What information must the pre-adoptive home screening include?) that have not been adequately addressed.

Comments

Source Note: The provisions of this §745.4125 adopted to be effective March 1, 2002, 27 TexReg 981

§745.4127: What information must the post-placement adoptive report include?

(a) It must include the following documented information:

(1) A summary of all assessments and available information about the child who is the subject of a petition for adoption, including:

(A) Health history, social history, educational history, genetic and family history, and other information required by the Texas Family Code, §162.005 and §162.007;

(B) History of physical, sexual, or emotional abuse experienced by the child;

(C) History of any previous placements, including the date and reasons for placement;

(D) The child's understanding of adoptive placement or conservatorship; and

(E) The child's legal status.

(2) A summary of all assessments, interviews, and available information about the prospective adoptive parents including:

(A) The pre-adoptive home screening (See §745.4061 of this title (relating to What information must the pre-adoptive home screening include?)), including the results of the criminal history and central registry background checks;

(B) The birth parents' expectations for adoptive placement and further involvement (See §745.4063 of this title (relating to Must the pre-adoptive home screening include information about the birth parents?));

(C) Individual strengths and weaknesses of the adoptive parents;

(D) Observations made relative to the family's interactions with each other;

(E) Additional interviews of persons specified in §745.4033 of this title (relating to Whom must I interview when conducting a foster home screening, a pre-adoptive home screening, or a post-placement adoptive report?); and

(F) A visit to the home (See §745.4037 of this title (relating to Is a visit to the home required when conducting a foster home screening, a pre-adoptive home screening, or a post-placement adoptive report?).

(3) An evaluation of the child's present or prospective physical, intellectual, social, and psychological functioning and needs, and whether the environment will meet those needs.

(4) A summary of the adjustment of the family and child in the home during the six-month placement period, if appropriate.

(5) Sources of information and verification, to the extent possible, of all statements of fact pertinent to the report.

(6) The basis for your conclusions or recommendations.

(7) The names and the qualifications of all persons involved in the preparation and evaluation of the report.

(8) Telephone numbers for entities where it is appropriate for the subject of the report to file complaints about how the post-adoptive placement report was conducted (See §745.4043 of this title (relating to Whom must I contact with a complaint about how a pre-adoptive home screening or post-placement adoptive report was conducted?)).

(b) All persons involved in the preparation and evaluation of the study must sign the report.

Comments

Source Note: The provisions of this §745.4127 adopted to be effective March 1, 2002, 27 TexReg 981

Division 6

§745.4151: What drug testing policy must my residential child-care operation have?

(a) The Department of Family and Protective Services is required to adopt a model drug testing policy for residential child-care operations under the Human Resources Code, 42.057. Your residential child-care operation must either adopt the model drug testing policy or have a written drug testing policy that meets or exceeds the criteria in the model policy. Although this policy only covers drugs, coverage of alcohol may be included. The department recommends that an operation obtain legal advice before adopting and implementing any drug testing policy.

(b) Residential child-care operations must pay for any required drug tests, except as provided in subsection (c)(7) of this section.

(c) The mandatory criteria for the Model Drug Testing Policy For Residential Child-Care Operations include:

(1) Purpose. (Name of residential child-care operation) has a vital interest in ensuring the safety of resident children through the appropriate drug testing of employees, while also protecting the rights of the employees.

(2) Scope. This policy applies to all employees of residential child-care operations, including child-placing agencies, that directly care for or has access to a child in care, and applicants for such employment. With respect to allegations of drug abuse (See paragraph (4)(D) of this subsection), this policy applies to any person who works under the auspices of a residential child-care operation and directly cares for or has access to a child in care.

(3) Definitions. The following definitions apply to this section.

(A) Abusing drugs--The use of any:

(i) Drug or substance defined by the Texas Controlled Substances Act, Texas Health and Safety Code, Chapter 481; or

(ii) Prescription or non-prescription drug that is not being used for the purpose for which it was prescribed or manufactured.

(B) Drug testing--The scientific analysis of urine, blood, breath, saliva, hair, tissue, and other specimens for detecting a drug.

(C) Employee--A person is an employee of your operation if you pay the person a wage or salary and direct or have the right to direct his work. For the purposes of this definition:

(i) Directing a person's work includes having control over when, where, and how the person conducts his work and providing the person with training that is necessary for the person to conduct his work;

(ii) Controlling when a person works includes setting the person's work hours;

(iii) Controlling how a person works includes assigning the person the task(s) that he must accomplish and exercising responsibility for the means and details by which the person accomplishes the task(s); and

(iv) A person is not an "employee" of a child-placing agency merely because the agency verifies him as a foster parent.

(D) Random drug testing--A testing cycle that varies the frequency and intervals that specimens are collected for testing and selects employees in a random manner that does not eliminate already tested employees from future testing. The testing should ensure all employees are subject to random testing on a continuing basis.

(E) Good cause to believe the person may be abusing drugs--A reasonable belief based on facts sufficient to lead a prudent person to conclude that the person who works under the auspices of the residential child-care operation may be abusing drugs. Sufficient facts may include direct observations of the person using or possessing drugs, or exhibiting physical symptoms, including but not limited to slurred speech or difficulty in maintaining balance; erratic or marked changes in behavior, including a decrease in the quality or quantity of the person's productivity, judgment, reasoning, and concentration and psychomotor control, accidents, and deviations from safe working practices; or any other reliable information.

(F) Person who works under the auspices of the residential child-care operation--A person who meets the definition in §745.8553 of this title (relating to Who works "under the auspices of an operation"?).

(4) Mandatory drug testing.

(A) All applicants that are intended to be hired for employment are subject to pre-employment testing, and may not provide direct care or have access to a child in care until the drug test results are available;

(B) All employees are subject to random, unannounced drug testing;

(C) Any employee that is the subject of a child abuse or neglect investigation, when DFPS determines there is "good cause to believe the employee may be abusing drugs", must be drug tested within 24 hours of notification by DFPS to the residential child-care operation; and

(D) Any person alleged to be abusing drugs may be tested within 24 hours, if the person:

(i) Works under the auspices of the residential child-care operation;

(ii) Directly cares for or has access to a child in care; and

(iii) There is "good cause to believe the person may be abusing drugs."

(5) Drug testing procedures. All drug testing will:

(A) At a minimum screen for marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP);

(B) Use one of the following drug-testing methods:

(i) A drug test performed by a certified laboratory;

(ii) A testing kit with proven rates of false positives below 2% and false negatives below 8% on all drugs screened; or

(iii) Another testing method for which there is scientific proof of accuracy comparable to either of the first two choices, such as saliva, hair, or spray drug testing;

(C) Ensure the integrity and identity of the specimen collected from the time of collection to the time of disposal to minimize the opportunity for an employee to adulterate or substitute a specimen; and

(D) Preserve the privacy and rights of the person tested. This includes safeguarding the results of any test and maintaining them, so they remain confidential and free from unauthorized access.

(6) Discipline.

(A) An applicant or employee's consent to submit to drug testing is required as a condition of employment, and the refusal to consent may result in refusal to hire the applicant and disciplinary action, including discharge, against the employee for a refusal;

(B) An employee who is tested because there is "good cause to believe the employee may be abusing drugs," may be suspended pending receipt of written test results and further inquiries that may be required;

(C) An employee determined through drug testing to have abused drugs is subject to discipline, up to and including discharge;

(D) An applicant for employment or an employee determined through drug testing to have abused drugs may not be employed in a position with direct contact with children in care if the employee presents a risk of harm to children; and

(E) An employee determined through drug testing to have abused drugs may be offered the opportunity to complete a rehabilitation program at the employee's expense.

(7) Appeal. An applicant or employee whose drug test is positive may, at the applicant or employee's expense:

(A) Have an opportunity to explain and offer written documentation why there is another cause for the positive drug test;

(B) Request that the remaining portion of the sample that yielded the positive results, if available, be submitted for an additional independent test, including second tests to rule out false positive results; and/or

(C) Submit the written test result for an independent medical review.

(8) Documentation.

(A) All applicants that you intend to hire for employment and employees must be provided a copy of your drug testing policy and must sign a document consenting to these terms and conditions of employment.

(B) All drug test results of employees will be kept for one year after an employee's last work day with the residential child-care operation, or until any investigation involving the person is resolved, whichever is later. All other drug test results required by this rule will be kept for one year from the date the drug test was administered. The results must be available for review by Licensing Division within 24 hours of the request.

Comments

Source Note: The provisions of this §745.4151 adopted to be effective December 1, 2005, 30 TexReg 7493; amended to be effective January 1, 2007, 31 TexReg 9342

Division 7

§745.4201: May I take possession of a child from a law enforcement or juvenile probation officer?

You may take possession of a child from law enforcement if you are:

(1) A licensed emergency shelter; or

(2) A licensed child-placing agency that we have authorized to take possession of children from a law enforcement or juvenile probation officer.

Comments

Source Note: The provisions of this §745.4201 adopted to be effective March 1, 2006, 31 TexReg 858

§745.4203: How does a child-placing agency become authorized to take possession of a child from a law enforcement or juvenile probation officer?

If you are a child-placing agency, the following must occur before you can take possession of a child from a law enforcement or juvenile probation officer:

(1) You submit to us a Request to Accept Children from a Law Enforcement Officer form;

(2) We review the request to determine whether you are equipped to accept these types of emergency admissions; and

(3) If we authorize you to accept such admissions, we add your ability to accept these admissions to the conditions on your license.

Comments

Source Note: The provisions of this §745.4203 adopted to be effective March 1, 2006, 31 TexReg 858

§745.4205: What must I do when I take possession of a child from a law enforcement or juvenile probation officer?

When you take possession of a child from a law enforcement or juvenile probation office you must:

(1) With the assistance of the officer who has the child, complete an Admission of a Child from a Law Enforcement Officer form;

(2) Immediately notify DFPS that you have taken possession of the child by calling the abuse neglect hotline; and

(3) Provide the completed form referred to in paragraph (1) of this section to the DFPS investigator who responds to the call.

Comments

Source Note: The provisions of this §745.4205 adopted to be effective March 1, 2006, 31 TexReg 858

Subchapter I

§745.8001: What immunizations are children in my care required to have?

Children enrolled or admitted to child-care facilities must meet applicable immunization requirements specified by the Texas Department of Health Immunization Requirements in Texas Elementary and Secondary Schools and Institutions of Higher Education. This requirement applies to all children from birth through 17 years of age.

Comments

Source Note: The provisions of this §745.8001 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8003: Where can I find this information?

You can find this information in the Texas Department of Health's rules at 25 TAC Chapter 97, Subchapter B (relating to Immunization Requirements in Texas Elementary and Secondary Schools and Institutions of Higher Education). You may access the information on the Texas Department of Health Internet website at www.tdh.state.tx.us or you may obtain a copy from your local Licensing representative or health department.

Comments

Source Note: The provisions of this §745.8003 adopted to be effective March 1, 2002, 27 TexReg 965

Subchapter J

§745.8301: What if I cannot comply with a specific minimum standard?

If you cannot comply, you will be deficient in a minimum standard; however, you may request a waiver or variance. A waiver or variance is not an entitlement. We consider each request individually.

Comments

Source Note: The provisions of this §745.8301 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8303: What is the difference between a waiver and a variance?

By statute, you may request a waiver if the economic impact of compliance with a minimum standard is great enough to make compliance impractical. You may request a variance if there is good and just cause for you to meet the purpose of the minimum standard in a different way. PRS processes waivers and variances in the same manner.

Comments

Source Note: The provisions of this §745.8303 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8305: How do I request a waiver or variance?

You must submit your written request and any supporting documentation to the Licensing representative. Your written request must be either a PRS Child Care Waiver/Variance Request Form or a letter containing all of the information required on the form.

Comments

Source Note: The provisions of this §745.8305 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8307: How does Licensing make the decision to grant or deny my waiver or variance request?

We will not grant a waiver or variance if the minimum standard is required by statute. For all other waiver and variance requests, we consider the following factors when making the decision to grant or deny your request:

(1) The risk to children if you are not meeting the standard;

(2) The compliance history of your operation;

(3) The monitoring plan assigned to your operation;

(4) Any waivers or variances currently in effect;

(5) Your regulatory status (for example, whether you are on initial status, evaluation, or probation);

(6) Any economic factors or other constraints affecting your ability to comply; and

(7) Any other variables identified by Licensing staff.

Comments

Source Note: The provisions of this §745.8307 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333

§745.8309: Who makes the decision to grant or deny my waiver or variance request?

The PRS Licensing representative reviews the material you submit and makes a recommendation to his supervisor or his supervisor's designee. The Licensing supervisor or his designee makes the final decision to grant or deny the waiver or variance.

Comments

Source Note: The provisions of this §745.8309 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8311: Does a waiver or variance expire?

Yes. We grant a waiver or variance for a specific amount of time and specify the date it will expire. In no circumstances will a waiver or variance be granted for more than three years.

Comments

Source Note: The provisions of this §745.8311 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8313: Is a waiver or variance unconditional?

No. We may set conditions on the waiver or variance, so it does not place children at risk. You must comply with the conditions at all times.

Comments

Source Note: The provisions of this §745.8313 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8315: What if I disagree with the time limit or conditions that Licensing places on my waiver or variance?

The waiver or variance time limit and conditions are determined by the supervisor or the supervisor's designee and are based on the risk to children. You may discuss an alternative time limit or conditions with the Licensing staff who made the decision. The Licensing supervisor or designee may choose to amend the time limit or conditions as a result of the discussion or continue to require the original conditions. If you cannot reach a mutual agreement as to the time limit or conditions, you can either comply with the minimum standard or appeal the denial in the same manner specified in §745.8319 of this title (relating to What can I do if Licensing denies or revokes my waiver or variance?).

Comments

Source Note: The provisions of this §745.8315 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8317: Can Licensing amend or revoke a waiver or variance, including its conditions?

Yes. We may amend or revoke a waiver or variance if:

(1) It presents a risk to children;

(2) The circumstances that supported it have changed;

(3) You failed to meet the conditions; or

(4) We agree to an alternative time limit or conditions.

Comments

Source Note: The provisions of this §745.8317 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8319: What can I do if Licensing denies or revokes my waiver or variance?

If we deny or revoke your waiver or variance, you may request an administrative review. You must send your written request to the Director of Licensing within 15 calendar days after you receive our denial or revocation letter. Forward a copy of your letter to the Licensing supervisor. Your request for a review must include a copy of the letter denying your request for a waiver or variance, and any additional information that supports your waiver or variance request. We will hold you accountable for complying with the minimum standard for which you requested a waiver or variance while you are requesting an administrative review.

Comments

Source Note: The provisions of this §745.8319 adopted to be effective March 1, 2002, 27 TexReg 965

Subchapter K

Division 1

§745.8401: Who has the right to conduct an inspection or investigation?

An authorized representative of Licensing may inspect, investigate, and/or evaluate an operation during the hours of operation.

Comments

Source Note: The provisions of this §745.8401 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8403: What is the purpose of an inspection?

The purpose of an inspection is to:

(1) Verify compliance with licensing statutes, rules, and minimum standards;

(2) Assess the risk to children in facilities;

(3) Evaluate whether the operation is subject to regulation;

(4) Assist the provider in identifying problems contributing to violations of licensing statutes, rules, and minimum standards;

(5) Offer technical assistance; and

(6) Gather information as part of an investigation.

Comments

Source Note: The provisions of this §745.8403 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8405: What is the purpose of an investigation?

The purpose of an investigation is to:

(1) Reduce the risk of abuse and neglect to children and to protect them in out-of-home care; and

(2) Obtain sufficient information to make a fair, accurate, and impartial decision regarding the report, allegation, situation, and/or conditions.

Comments

Source Note: The provisions of this §745.8405 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8407: When will Licensing inspect and/or investigate an operation?

Please refer to the following chart:

Attached Graphic

Comments

Source Note: The provisions of this §745.8407 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective March 1, 2006, 31 TexReg 858; amended to be effective March 1, 2008, 33 TexReg 1367

§745.8409: How often may Licensing inspect or investigate my operation?

We may inspect or investigate as often as is necessary to verify compliance with the statutes, rules, and minimum standards or complete the investigation.

Comments

Source Note: The provisions of this §745.8409 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8411: Are inspections and investigations announced or unannounced?

(a) For registered child-care homes, one inspection every three years must be unannounced.

(b) For licensed or certified operations, one inspection every year must be unannounced.

(c) All other inspections and investigations may be announced or unannounced. Investigations of abuse and/or neglect are usually unannounced.

Comments

Source Note: The provisions of this §745.8411 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 16, 2003, 28 TexReg 7999

§745.8413: Must I allow Licensing to inspect and/or investigate my operation?

Yes, all operations, whether regulated or not, must admit us and not delay or prevent us from making inspections or conducting investigations during the hours of operation.

Comments

Source Note: The provisions of this §745.8413 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8415: What can Licensing inspect and/or investigate?

We may investigate any part of your operation that could affect the health, safety, or well being of children. This includes, but is not limited to, access to all children in care, employees, records, and any area of the building, home, or grounds where your operation is located.

Comments

Source Note: The provisions of this §745.8415 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8417: Can Licensing read all of the records during an inspection or investigation?

Yes, we must have access to all records. We will then select the ones to be read.

Comments

Source Note: The provisions of this §745.8417 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8419: Can Licensing staff take copies of records from my operation?

Yes. Our staff may take copies of records from your operation, including child records and personnel records.

Comments

Source Note: The provisions of this §745.8419 adopted to be effective January 1, 2007, 31 TexReg 9333

§745.8421: Will Licensing investigate anonymous reports?

(a) We will evaluate an anonymous report regarding standard violations that does not contain allegations that the health or safety of children is at risk to discern whether the allegations have a factual basis. To evaluate the report, we may check the operation's compliance history for similar allegations and/or deficiencies, and call the operation and/or collaterals. If there appears to be a factual basis for the allegations, the investigation will proceed to determine the actual findings. If there does not appear to be a factual basis for the allegations, the investigation will not proceed.

(b) We will investigate an anonymous report alleging abuse or neglect.

Comments

Source Note: The provisions of this §745.8421 adopted to be effective March 1, 2006, 31 TexReg 858

§745.8423: Will the findings of an anonymous report be posted on the Department's Internet website, Search Texas Child Care?

(a) If we determine the allegations of an anonymous report to be false or lack factual foundation, we will not post the information concerning the report on the Department's Internet website.

(b) We will post any deficiency found during an investigation inspection that is not related to the allegations on the website as a deficiency found during an inspection.

Comments

Source Note: The provisions of this §745.8423 adopted to be effective March 1, 2006, 31 TexReg 858

§745.8425: What will happen if I do not allow Licensing to inspect and/or investigate all areas of my operation?

We may take remedial action as specified in Subchapter L of this chapter (relating to Remedial Actions), if you refuse, prevent, or delay our ability to conduct an inspection and/or investigation.

Comments

Source Note: The provisions of this §745.8425 adopted to be effective January 1, 2007, 31 TexReg 9333

Division 2

§745.8441: How will Licensing notify me of the purpose of an unannounced inspection or investigation?

(a) For routine inspections, we will notify the person in charge of the operation at the time of the inspection.

(b) For investigations of a report, we will notify the person in charge of the operation of the investigation procedures and the nature of the allegation(s) made in the report. We do not have to explain the nature of the allegation(s) if:

(1) The allegation is made against the person in charge, administrator, or director; or

(2) There is reason to believe that disclosing the nature of the allegation(s) might compromise the investigation.

Comments

Source Note: The provisions of this §745.8441 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8443: If Licensing does not notify my operation of the nature of the allegation during an investigation, to whom will Licensing convey this information?

We must inform the applicant or permit holder of the nature of the allegation(s) by the next workday following the first on-site investigation unless we have reason to believe that the investigation may be compromised. If we believe the investigation may be compromised, the investigator may postpone explaining the nature of the allegation(s). We must inform the appropriate person(s) of the nature of the allegation(s) as soon as we decide that our doing so will not compromise the investigation.

Comments

Source Note: The provisions of this §745.8443 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8445: Whom will Licensing inform of the inspection and/or investigation results?

(a) Once the inspection and/or investigation is complete, we will notify, in writing, the person in charge or director, and the applicant, permit holder, board chair, or designee of the outcome of the inspection and/or investigation.

(b) We will also notify whoever made the report, unless:

(1) The reporter has indicated that he does not want to be notified;

(2) We have determined that there is a reasonable likelihood that notifying the reporter will jeopardize the reporter's safety; or

(3) The reporter will receive notice in another capacity pursuant to subsection (a) of this section.

Comments

Source Note: The provisions of this §745.8445 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2010, 35 TexReg 4184

§745.8447: What will the notification include?

(a) The notification of the results of the inspection and/or investigation to the person in charge or director, and the applicant, permit holder, board chair, or designee will include:

(1) Specifics of the deficiency;

(2) Corrections necessary for compliance;

(3) Date by which you must comply; and

(4) Your right to an administrative review to dispute the findings.

(b) The notification of the results sent to the reporter will include whether we found violations of rule or law as a result of the investigation and a reference to the Child Care Licensing website.

Comments

Source Note: The provisions of this §745.8447 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective December 1, 2008, 33 TexReg 9272; amended to be effective June 1, 2010, 35 TexReg 4184

§745.8449: What must I do if Licensing notifies me of a deficiency?

You must correct all deficiencies and meet all minimum standards within the specified timeframe. To dispute a finding, you may request an administrative review.

Comments

Source Note: The provisions of this §745.8449 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective December 1, 2008, 33 TexReg 9272

§745.8451: Who notifies parents an investigator interviewed their child during an abuse/neglect investigation?

(a) During an abuse or neglect investigation, we will make a reasonable effort to notify the parents within 24 hours after we interview and/or examine their child.

(b) If PRS determines the abuse or neglect occurred in the child's own home, then PRS will inform the parents.

(c) If we determine abuse or neglect occurred at your operation, we will notify or instruct your operation to notify the victim's parents of our determination.

(d) If we determine abuse or neglect occurred at your operation, we may instruct you to notify the parents of all children in your care that abuse or neglect has occurred in your operation.

Comments

Source Note: The provisions of this §745.8451 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8453: If Licensing instructs me to notify a parent that his child was a victim of abuse or neglect or all parents that child abuse or neglect occurred in my operation, what information must I give to the parents and when?

You must give the parents the circumstances, conditions, and/or information necessary to make decisions about the treatment of their own children within 24 hours after we instruct you to notify the parents. You must document all notifications.

Comments

Source Note: The provisions of this §745.8453 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8455: Can Prs hold me responsible for abuse without identifying me as the perpetrator?

We may hold you responsible if you are an administrator, director, or other employee and evidence indicates that you:

(1) Were aware of the abuse or the genuine threat of substantial harm to a child; and

(2) Did not act to prevent the abuse or threat.

Comments

Source Note: The provisions of this §745.8455 adopted to be effective March 1, 2002, 27 TexReg 965

Division 3

§745.8481: Are routine inspections of my operation confidential?

No, we keep this information in your operation's monitoring file and it is for the most part available to the general public. We will not release some information in these files because of other state and federal laws that make the information confidential. For example, the results of an HIV test, certain medical information, or information that is private.

Comments

Source Note: The provisions of this §745.8481 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8483: Will you tell me who made the report that resulted in the investigation of my operation?

No, the name of the person who made the report is confidential.

Comments

Source Note: The provisions of this §745.8483 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8485: Are investigations confidential?

(a) All investigations are confidential until we complete the investigation and make a finding.

(b) Completed investigations that do not involve abuse or neglect are not confidential and are available to the general public.

(c) The following information relating to a completed investigation of child abuse or neglect is confidential and not available to the general public, except as provided under this chapter and applicable federal or state law:

(1) The description of the allegation of child abuse or neglect;

(2) The identity of the person making the allegation; and

(3) The files, reports, records, communications, audiotapes, videotapes, and working papers used or developed during an investigation.

(d) Records related to a child fatality that is the subject of an investigation may be released to the general public as provided under Subchapter D, Release of Records Related to a Child Fatality, in Chapter 702 of this title (relating to General Administration).

Comments

Source Note: The provisions of this §745.8485 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective March 25, 2010, 35 TexReg 2316

§745.8487: What information can Licensing release to the public after the completion of the abuse or neglect investigation?

We may release to the public only those portions of the abuse or neglect investigation record that we must file in the operation's monitoring file under §745.8489 of this title (relating to What portions of the child abuse or neglect investigation must Licensing keep in the operation's monitoring file?), provided that we remove the identity of any alleged victims or their families, any other children involved in the investigation, the reporter, the alleged perpetrator, and any other individual whose life or safety might be endangered by the release.

Comments

Source Note: The provisions of this §745.8487 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8489: What portions of the child abuse or neglect investigation must Licensing keep in the operation's monitoring file?

We will maintain all records of an abuse or neglect investigation separate from an operation's monitoring file except the following:

(1) A statement regarding the nature of the abuse or neglect allegation that was investigated;

(2) A copy of any written notices sent to the operation under §745.8445 of this title (relating to Whom will Licensing inform of the inspection and/or investigation results?);

(3) A copy of the written notice that we mailed to you relating the finding of the investigation;

(4) A copy of any recommendations for disposition resulting from the investigation and subsequent correspondence relating to that disposition;

(5) Documentation of any monitoring inspections which may have taken place during the investigation into alleged child abuse or neglect; and

(6) Documentation of your receipt of any of the above notices or documents.

Comments

Source Note: The provisions of this §745.8489 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8491: Who can obtain confidential information from an abuse or neglect investigation that is not in the operation's monitoring file?

The following have the authority to obtain confidential information relating to an abuse or neglect investigation:

(1) DFPS staff, including volunteers, as necessary to perform their assigned duties;

(2) The parent of the child who is the subject of the investigation;

(3) An attorney ad litem, guardian ad litem, or court appointed special advocate of an alleged victim of child abuse or neglect;

(4) The alleged perpetrator;

(5) Law enforcement;

(6) A member of the state legislature when necessary to carry out that member's official duties;

(7) An operation cited for abuse or neglect as a result of the investigation; and

(8) An administrative law judge, or a judge of a court of competent jurisdiction in a criminal or civil case arising out of an investigation of child abuse or neglect, if he:

(A) Provides notice to DFPS and any other interested parties;

(B) After reviewing the information, including audio and/or videotapes, determines that the disclosure is essential to the administration of justice and will not endanger the life or safety of any individual; and

(C) Includes in his disclosure order any safeguards that the court finds appropriate to protect the interest of the child involved in the investigation.

Comments

Source Note: The provisions of this §745.8491 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2010, 35 TexReg 4184

§745.8493: Are there any portions of a child abuse or neglect investigation file that Licensing may not release to anyone?

We may not release the following portions of an abuse or neglect investigation file to anyone:

(1) The audio taped or videotaped interview of a child, as well as any photographs taken of a child (an authorized person may review them but may not have copies);

(2) Any information that would interfere with an ongoing law enforcement investigation or prosecution; and

(3) Information about the person who made the report, unless law enforcement requests the information under Texas Family Code, §261.107.

Comments

Source Note: The provisions of this §745.8493 adopted to be effective March 1, 2002, 27 TexReg 965

Division 4

§745.8511: What are the different types of voluntary actions that an operation may take?

The following chart lists the types of voluntary actions:

Attached Graphic

Comments

Source Note: The provisions of this §745.8511 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8513: Must Licensing approve all voluntary actions?

Yes, Licensing must review and approve all voluntary actions.

Comments

Source Note: The provisions of this §745.8513 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8515: Can I prevent Licensing from taking a corrective or adverse action by taking a voluntary action?

We may impose a remedy against you even though you have taken a voluntary action to remedy the violation. We may impose the remedy while you are taking the voluntary action. If your action is voluntary closure or suspension, then we may impose the remedy when you reopen your operation. We may also determine that a remedy is unnecessary because of your voluntary action.

Comments

Source Note: The provisions of this §745.8515 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8517: What must I do when I temporarily relocate my operation because of damage or renovation?

You must do the following when you temporarily relocate your operation:

(1) Notify us immediately when you move your operation to a new location;

(2) Obtain fire, sanitation, and gas pipe pressure test inspections of the temporary location prior to or as soon as possible after the relocation; and

(3) Obtain our approval for any aspect of the temporary location that does not comply with standards.

Comments

Source Note: The provisions of this §745.8517 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8519: Can I voluntarily suspend my permit?

Yes, you may request a voluntary suspension of your permit for the following reasons:

(1) You are repairing or making changes to your operation or family home;

(2) You do not have children in care;

(3) You or the caregiver are ill;

(4) You or the caregiver are absent for an extended length of time; or

(5) You or the caregiver have personal reasons to suspend the permit.

Comments

Source Note: The provisions of this §745.8519 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8521: How long can I voluntarily suspend my permit?

If you are registered or licensed to provide child day care, then you can request suspension of your non-expiring permit for a maximum of 90 days. If you are licensed to provide residential child care, then you can request a suspension of your license for a maximum of two years.

Comments

Source Note: The provisions of this §745.8521 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8523: How do I request voluntary suspension?

You must submit a written request for voluntary suspension to your Licensing representative. In your request, you must include:

(1) The reason you are requesting voluntary suspension;

(2) Proposed dates for the suspension to begin and end;

(3) Plans for resuming operation; and

(4) A statement about how you will meet the standards at the end of the suspension period.

Comments

Source Note: The provisions of this §745.8523 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8525: Will Licensing automatically grant me a properly requested voluntary suspension?

No, we may approve, deny, or add conditions to your request for voluntary suspension. We will not approve a voluntary suspension if you are involved in a remedial action for a suspension, probation, or revocation. If we do not approve your request, you have a right to an administrative review.

Comments

Source Note: The provisions of this §745.8525 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8527: What are my responsibilities during the voluntary suspension period?

During the voluntary suspension period, you must:

(1) Notify the parents of the suspension;

(2) Not have children in care;

(3) Notify us at least 15 days before resuming operation;

(4) Return the permit to us during the suspension period; and

(5) Remit all fees due during the suspension period.

Comments

Source Note: The provisions of this §745.8527 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8529: How do I resume operation at the end of the voluntary suspension period?

You cannot reopen without our approval. You must give us at least 15 days notice before resuming operation. We will give you permission to reopen your operation after we determine that you are meeting applicable standards.

Comments

Source Note: The provisions of this §745.8529 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8531: What if I do not resume operation at the end of the voluntary suspension period?

You must close your operation. Your permit will no longer be valid if you have not resumed operations with our approval at the end of the voluntary suspension period. We will notify you that your permit is revoked and inform you of your rights to an administrative review.

Comments

Source Note: The provisions of this §745.8531 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8533: What if I intend to voluntarily close my operation?

You should notify us before you close. If that is not possible, you must notify us within ten days after closing.

Comments

Source Note: The provisions of this §745.8533 adopted to be effective March 1, 2002, 27 TexReg 965

Division 5

§745.8551: What is the purpose of this division?

The purpose of this division is to further describe the definitions of abuse, neglect, and exploitation by persons who work under the auspices of an operation, as found in Texas Family Code, Chapter 261, Subchapter E, §261.401.

Comments

Source Note: The provisions of this §745.8551 adopted to be effective June 1, 2002, 27 TexReg 2841

§745.8553: Who works "under the auspices of an operation"?

The following persons work under the auspices of an operation:

(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 at the operation; and

(7) Any other person permitted by act or omission to have access to children in care.

Comments

Source Note: The provisions of this §745.8553 adopted to be effective June 1, 2002, 27 TexReg 2841

§745.8555: What do the following words mean when Licensing investigates abuse, neglect, or exploitation?

(a) Emotional harm--An observable impairment in a child's psychological growth, development, or functioning. Emotional harm is any significant change in a child's physical health or social behavior, including changes in sleeping and eating patterns. Emotional harm also includes any "substantial emotional harm." A mental health professional does not have to determine that there is emotional harm.

(b) Intentional, knowing, or reckless act or omission--An act or omission is intentional, knowing, or reckless if the person committing it:

(1) Deliberately causes or might cause physical injury or emotional harm to the child;

(2) Knows or should know that physical injury or emotional harm to the child is a likely result of the act or omission; or

(3) Consciously disregards an unjustifiable risk of physical injury or emotional harm to the child.

(c) Omission--A failure to act.

(d) Physical injury--Any bodily harm, including minor scrapes, cuts, and bruises. This includes any bodily harm resulting from the discipline of a child and any "substantial physical injury."

(e) Sexual conduct--Includes any of the following:

(1) Any touching of the anus, breast, or any part of the genitals of a child with intent to arouse or gratify the sexual desire of any person;

(2) Exposing the anus, breast, or any part of the genitals, knowing the child is present, with the intent to arouse or gratify the sexual desire of any person;

(3) Engaging a child in any activity that is obscene as defined in the Penal Code, §43.21;

(4) Requesting, soliciting, or compelling a child to engage in any activity that is obscene as defined in the Penal Code, §43.21;

(5) In the presence of a child, engaging in or displaying any activity that is obscene as defined in the Penal Code, §43.21;

(6) In the presence of a child, requesting, soliciting, or compelling another person to engage in any activity that is obscene as defined in the Penal Code, §43.21; or

(7) The illegal or improper use of a child, which may or may not include sexual contact or touching, with intent to arouse or gratify the sexual desire of any person.

(f) Substantial emotional harm--An observable impairment in a child's psychological growth, development, or functioning that is significant enough to require treatment by a medical or mental health professional. Evidence that the emotional harm is substantial includes the nature of the act or omission, the age of the child, and/or the persistence of the symptoms. Substantial emotional harm is presumed when the act or omission is of a sexual nature, the child acts out sexually, or the child attempts suicide. A mental health professional does not have to determine that there is substantial emotional harm.

(g) Substantial physical injury--Bodily harm that warrants treatment by a medical professional, including dislocated, fractured, or broken bones; concussions; lacerations requiring stitches; second and third degree burns; and damage to internal organs. Evidence that physical injury is substantial includes the location and/or severity of the bodily harm and/or the age of the child.

Comments

Source Note: The provisions of this §745.8555 adopted to be effective June 1, 2002, 27 TexReg 2841

§745.8557: What is abuse?

Abuse is any intentional, knowing, or reckless act or omission by someone working under the auspices of an operation that causes or may cause emotional harm or physical injury to, or the death of, a child that the operation serves. Intentional, knowing, or reckless acts and omissions include:

(1) Any act such as striking, shoving, shaking, or hitting a child, whether intended as discipline or not;

(2) Failure to make a reasonable effort to prevent abuse by another person;

(3) Causing, expressly permitting, or encouraging a child to use alcohol or a controlled substance as defined by Health and Safety Code, Chapter 481 (other than a prescription drug that is prescribed to the child and used as prescribed);

(4) Using alcohol or a controlled substance in a manner or to the extent that the use results in physical injury or emotional harm;

(5) Sexual conduct that constitutes the offense of indecency with a child as defined under Penal Code, §21.11, sexual assault as defined under Penal Code, §22.011, or aggravated sexual assault as defined under Penal Code, §22.021;

(6) Compelling or encouraging the child to engage in sexual conduct;

(7) Failure to make reasonable effort to prevent sexual conduct to a child;

(8) Causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knows or should know that the resulting photograph, film, or depiction of the child is obscene as defined by Penal Code, §43.21, or pornographic; and

(9) Causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child as defined by Penal Code, §43.25.

Comments

Source Note: The provisions of this §745.8557 adopted to be effective June 1, 2002, 27 TexReg 2841

§745.8559: What is neglect?

Neglect is an act or omission that is a breach of a duty by a person working under the auspices of an operation that causes or may cause substantial emotional harm or substantial physical injury to a child. The breach of a duty includes:

(1) Failure to take an action that a reasonable member of that profession, reasonable caregiver, or reasonable person should take in the same situation;

(2) Taking an action that a reasonable member of that profession, reasonable caregiver, or reasonable person should not take in the same situation;

(3) Placing a child in or failing to remove him from a situation that a reasonable member of that profession, reasonable caregiver, or reasonable person should realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities;

(4) Leaving a child in a situation where a reasonable member of that profession, reasonable caregiver, or reasonable person would expect the child to be exposed to substantial physical injury or substantial emotional harm without arranging for necessary care for the child;

(5) Failure to seek, to obtain, or to follow through with medical care for a child;

(6) Failure to provide a child with food, clothing, and shelter necessary to sustain the life or health of the child;

(7) Placing a child in or failing to remove the child from a situation in which a reasonable member of that profession, reasonable caregiver, or reasonable person should know exposes the child to the risk of sexual conduct;

(8) A violation of any law, rule, or minimum standard that causes substantial emotional harm or substantial physical injury to a child;

(9) Repeated (two or more) violations of any law, rule, or minimum standard, after notice and an opportunity to correct the violation, that may cause substantial emotional harm or substantial physical injury to a child;

(10) Failure to comply with an individual treatment plan, plan of service, or individualized service plan that causes substantial emotional harm or substantial physical injury to a child; and

(11) Repeated failures (two or more) to comply with an individual treatment plan, plan of service, or individualized service plan, after notice and an opportunity to correct the failure, that may cause substantial emotional harm or substantial physical injury to a child.

Comments

Source Note: The provisions of this §745.8559 adopted to be effective June 1, 2002, 27 TexReg 2841

Subchapter L

Division 1

§745.8601: What happens if I am deficient in a minimum standard, rule, law, specific term of my permit, or condition of evaluation, probation, or suspension?

We may make recommendations and/or impose remedial actions for any deficiency.

Comments

Source Note: The provisions of this §745.8601 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8603: What remedial actions may Licensing impose?

There are four types of remedial actions: corrective, adverse, judicial, and monetary actions. These actions are:

Attached Graphic

Comments

Source Note: The provisions of this §745.8603 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8605: When can Licensing take remedial action against me?

We can impose a remedial action any time we find one of the following:

(1) You supplied false information or made false statements during the application process;

(2) You falsified or permitted to be falsified any record or other materials that are required to be maintained by Licensing minimum standards;

(3) You do not have the required insurance;

(4) You do not pay the required fees;

(5) A single serious deficiency of minimum standards, rules, or laws, including a finding of abuse or neglect or background check matches;

(6) Several deficiencies that create an endangering situation;

(7) A repetition or pattern of deficiencies;

(8) An immediate threat or danger to the health or safety of children;

(9) You or someone working at your operation refuses, prevents, or delays our ability to conduct an inspection and/or investigation;

(10) A failure to timely report necessary changes to Licensing;

(11) A failure to comply with any restrictions or limits placed on your permit;

(12) A failure to meet the terms and conditions of your evaluation or probation;

(13) A failure to comply with minimum standards, rules, or laws at the end of the suspension period;

(14) On or after September 1, 2005:

(A) We revoked your permit to operate a residential child-care operation; or

(B) You voluntarily closed your residential child-care operation or relinquished your permit after receiving notice of our intent to take adverse action against your permit or that we were taking adverse action against your permit;

(15) You apply for a permit to operate a residential child-care operation after we designate you as a controlling person, but before the designation is sustained;

(16) It is within five years since your designation as a controlling person has been sustained;

(17) You apply for a permit to operate a residential child-care operation, and you are barred from operating a residential child-care operation in another state;

(18) You apply for a permit to operate a residential child-care operation, and your permit to operate a residential child-care operation in another state was revoked;

(19) You apply for a permit to operate a residential child-care operation and:

(A) You fail to comply with public notice and hearing requirements as set forth in §745.277 of this title (relating to What will happen if I fail to comply with public notice and hearing requirements?); or

(B) The results of the public hearing meet one of the criteria set forth in §745.279 of this title (relating to How may the results of a public hearing affect my application for a permit or a request to amend my permit?);

(20) You operate a residential child-care operation, and that operation discharges or retaliates against an employee, client, resident, or other person because the person or someone on behalf of the person files a complaint, presents a grievance, or otherwise provides in good faith, information relating to the misuse of restraint or seclusion at the operation;

(21) A reason set forth in Human Resources Code, §42.078; or

(22) A failure to pay an administrative penalty under Human Resources Code, §42.078.

Comments

Source Note: The provisions of this §745.8605 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective October 1, 2004, 29 TexReg 9206; amended to be effective January 1, 2007, 31 TexReg 9333

§745.8607: How will Licensing decide which type of remedial action to impose?

We decide to take remedial actions based upon an assessment of the following:

(1) The severity of the deficiency;

(2) Whether the deficiency has been repeated;

(3) Whether the deficiency can be corrected;

(4) How quickly the correction can be made (for a suspension, whether the deficiency can be corrected within the suspension period);

(5) Whether you demonstrate responsibility for compliance with minimum standards, rules, and laws;

(6) Whether conditions must be imposed to avoid further deficiencies;

(7) Your compliance history; and

(8) The degree and/or immediacy of danger or threat of danger posed to the health or safety of children.

Comments

Source Note: The provisions of this §745.8607 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8609: How will I know Licensing is taking remedial action against me?

We will notify you in the following manner:

Attached Graphic

Comments

Source Note: The provisions of this §745.8609 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8611: For remedial actions that cover a specific period of time (e. g. evaluation, probation, suspension, etc.), how long do they last and can they be extended?

The following chart describes when corrective actions are taken and the length of time they can be imposed:

Attached Graphic

Comments

Source Note: The provisions of this §745.8611 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8613: What rights do I have if I disagree with the decision of Licensing to impose a remedial action?

(a) The rights you have vary depending upon the type of action imposed against you. The chart in this subsection describes your rights for each type of remedial action:

Attached Graphic

(b) For additional information regarding administrative reviews and due process hearings, see Subchapter M of this chapter (relating to Administrative Reviews and Due Process Hearings).

Comments

Source Note: The provisions of this §745.8613 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333

Division 2

§745.8631: What corrective actions may Licensing impose?

We may impose the following corrective actions:

Attached Graphic

Comments

Source Note: The provisions of this §745.8631 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8633: What requirements must I meet during the evaluation or probation period?

You must:

(1) Comply with all of the conditions imposed by the corrective action plan;

(2) Correct the minimum standards that were deficient;

(3) Unless you are an independent or agency foster family home, post both the corrective action plan and/or the probation notice in a prominent place(s) near all public entrances; and

(4) Maintain compliance with all other Licensing statutes, rules, and minimum standards.

Comments

Source Note: The provisions of this §745.8633 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8635: What happens if I do not comply with the terms and conditions of the evaluation or probation?

We may:

(1) Reevaluate your corrective action plan to determine the appropriateness of the terms and conditions;

(2) Extend your evaluation or probation within the maximum limits of an evaluation (six months) or probation (one year). This may include additional conditions and increased inspections;

(3) Place you on probation or take adverse or judicial action, if you are currently under evaluation; or

(4) Take adverse or judicial action, if you are on probation.

Comments

Source Note: The provisions of this §745.8635 adopted to be effective March 1, 2002, 27 TexReg 965

Division 3

§745.8651: What adverse actions may Licensing impose?

We may impose the following adverse actions:

Attached Graphic

Comments

Source Note: The provisions of this §745.8651 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8653: What happens if I do not correct the deficiency during the suspension period?

We will revoke your permit if you are not complying with the Licensing statutes, rules, and minimum standards at the end of the suspension period.

Comments

Source Note: The provisions of this §745.8653 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8655: Are there any notice requirements when Licensing attempts to take adverse action against my operation?

(a) You must post the notice of the adverse action in a prominent place(s) near each public entrance. You must post this notice as soon as you receive it;

(b) You must notify the parents of each child in your care that we are attempting to take adverse action. You must send a copy of the notice of the adverse action from us to the parents within five days of your receipt of the notice. You must send the notice by certified mail and give us a copy of each return receipt (the green card) within five days after the receipt is returned to you; and

(c) Neither of these notice requirements applies to adverse amendments.

Comments

Source Note: The provisions of this §745.8655 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8657: Will Licensing inform anyone that they are attempting to deny, suspend, or revoke my permit?

Yes, the fact that we are attempting to enforce any adverse action against you is available to the public. If you are a child day-care operation participating in the Child Care Management Program or the Child and Adult Care Food Program, we will inform the staff of those programs of any suspension or revocation that we are attempting to enforce. If a child in your care is in the custody of PRS, then we will also inform the Child Protective Services Division of PRS, and, as appropriate, any other state or federal programs. We will tell these programs that we are attempting to suspend or revoke your permit, that you may request an administrative review and a due process hearing concerning this action, and whether you may care for children pending the administrative review and due process hearing.

Comments

Source Note: The provisions of this §745.8657 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8659: Will there be any publication of the denial, suspension, or revocation of my permit?

(a) If you waive the administrative review and due process hearing or if the denial, suspension, or revocation is upheld in the process, we will publish a notice of the adverse action taken against you:

(1) On DFPS's Internet website along with other information regarding your child-care services; or

(2) In the section of a local newspaper of general circulation in the county where your operation is located.

(b) For a denial, we will publish the notice only if you were previously operating.

(c) In addition, we will send notification of the outcomes of the administrative review and the due process hearing to those state and federal programs and agencies that we previously informed of the adverse action.

Comments

Source Note: The provisions of this §745.8659 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective March 1, 2010, 35 TexReg 881

§745.8661: What notice must I provide parents when the denial, suspension, or revocation of my permit is final?

If you are operating at the time you receive the final notice, you must notify the parents of each child that is enrolled of the denial, suspension or revocation of your permit. You must send notice of this action to the parents by certified mail within five days of the receipt of the notice of the denial, suspension, or revocation.

Comments

Source Note: The provisions of this §745.8661 adopted to be effective January 1, 2007, 31 TexReg 9333

Division 4

§745.8681: What judicial actions may Licensing impose?

Only courts may impose judicial actions. The judicial actions we may ask the court to order include the following:

Attached Graphic

Comments

Source Note: The provisions of this §745.8681 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8683: Will anyone be informed of the judicial action being taken against me?

Yes, the fact that we are attempting to enforce a judicial action against you is available to the public. If you are a child day-care operation participating in the Child Care Management Program or the Child and Adult Care Food Program, we will inform the staff of those programs of any judicial action taken against you. If a child in your care is in the custody of the Department of Family and Protective Services (DFPS), then we will also inform the Child Protective Services Division of DFPS, and, as appropriate, any other state and federal programs. We will tell these programs that we have obtained a temporary restraining order preventing you from operating, that we are attempting to extend the order or make it permanent, and whether you may care for children pending the final hearing in the matter.

Comments

Source Note: The provisions of this §745.8683 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333

§745.8685: When a court order instructs me to suspend and close my operation immediately, what happens to the children in my care?

(a) For child day care, you must notify the parents to pick up their children within four hours or by the end of the workday, whichever is longer. For residential child care, a parent, guardian, or managing conservator of the child must make other arrangements for the child's care. If the child was placed by a state agency, such as Mental Health Mental Retardation (MHMR) or Child Protective Services, that agency should be notified.

(b) In addition, within five days of delivery of the temporary restraining order (TRO) you must inform the parents of the reason for the closure and the length of the closure by:

(1) Sending by certified mail a copy of the TRO and giving us a copy of each return receipt (the green card) within five days after the receipt is returned to you; or

(2) Delivering a copy of the TRO in person to the parents when the child is picked up from your care, and giving us a copy of an acknowledgment of receipt of the TRO that the parents signed.

Comments

Source Note: The provisions of this §745.8685 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8687: Will there be any type of publication of the judicial action taken against me?

Yes, once there is a final court order, we will publish a notice of the judicial action taken against you in the local newspaper. In addition, we will send notifications of the outcome of the final judicial action to those state and federal programs and agencies that were previously informed of the temporary restraining order.

Comments

Source Note: The provisions of this §745.8687 adopted to be effective March 1, 2002, 27 TexReg 965

Division 5

§745.8711: What monetary actions may Licensing impose?

We may impose administrative penalties or ask the court to order civil penalties, which are described below:

Attached Graphic

Comments

Source Note: The provisions of this §745.8711 adopted to be effective March 1, 2002, 27 TexReg 965

Subchapter M

Division 1

§745.8801: What is an administrative review?

An administrative review is an informal review we conduct to determine whether a Licensing decision or action was appropriate under applicable Licensing rule or law.

Comments

Source Note: The provisions of this §745.8801 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2010, 35 TexReg 4184

§745.8803: What is the purpose of an administrative review?

(a) The purpose of the administrative review is to give certain individuals or operations the opportunity to dispute a specific Licensing decision or action listed in §745.8805 of this title (relating to Under what circumstances may I request an administrative review?). The review is not a formal hearing. There will be no formal examination and cross-examination of witnesses.

(b) If you do not waive your right to request an administrative review, we may not implement any decision or action that is the subject of the review until your due process rights concerning the decision or action are exhausted.

Comments

Source Note: The provisions of this §745.8803 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2010, 35 TexReg 4184

§745.8805: Under what circumstances may I request an administrative review?

You may request an administrative review when:

(1) We determine that your operation is not exempt from our regulation;

(2) We deny your operation a waiver or variance;

(3) We cite your operation with a deficiency, and you disagree with the citation;

(4) We take remedial action against your operation, however, remedial actions initially implemented through a court order and emergency suspensions and closures conducted pursuant to §42.073 of the Human Resources Code are not subject to an administrative review;

(5) We have determined that you are an immediate threat or danger to the health or safety of children;

(6) We have designated you as a perpetrator of child abuse, neglect, or exploitation;

(7) We take remedial action against your Child Care Administrator's License; or

(8) We intend to designate you as a Controlling Person.

Comments

Source Note: The provisions of this §745.8805 adopted to be effective June 1, 2010, 35 TexReg 4184

§745.8806: How long do I have to submit a request for an administrative review?

We must receive your request within 15 calendar days after you receive our notification of your right to an administrative review. Requests received in the mail must be postmarked within 15 calendar days. If we do not receive a complete request within 15 days of the date you are notified of our decision or action as specified in §745.8809 of this title (relating to How do I request an administrative review?), your right to a review will be waived.

Comments

Source Note: The provisions of this §745.8806 adopted to be effective June 1, 2010, 35 TexReg 4184

§745.8807: Who may request an administrative review?

The following persons may request an administrative review:

(1) The governing body, director or designee regarding the review of the decision or action against the operation noted in paragraphs (1) - (4) of §745.8805 of this title (relating to Under what circumstances may I request an administrative review?);

(2) The person that we have determined is an immediate threat or danger to the health or safety of children;

(3) A designated perpetrator of abuse, neglect, or exploitation against a child in care regarding the review of our related finding of abuse, neglect, or exploitation;

(4) The holder of a child-care administrator's license regarding the review of a remedial action concerning that license; and

(5) An individual who receives a letter from Licensing notifying them of our intent to designate them as a controlling person.

Comments

Source Note: The provisions of this §745.8807 adopted to be effective June 1, 2010, 35 TexReg 4184

§745.8809: How do I request an administrative review?

(a) To request an administrative review you must submit a written request by postal mail, fax, or email to the name and address indicated in our notification letter or inspection report.

(b) The written request must:

(1) Describe the specific decision or action that you are disputing;

(2) Indicate why you are disputing the decision or action or how you were in compliance with the applicable Licensing rule or law; and

(3) Include any documentation that supports your position, such as photographs, diagrams, or written and signed statements.

Comments

Source Note: The provisions of this §745.8809 adopted to be effective June 1, 2010, 35 TexReg 4184

§745.8813: Who conducts the administrative review?

(a) For routine deficiencies, the relevant Licensing supervisor, the relevant district director for Licensing, or their designee may conduct the review.

(b) For all other Licensing decisions or actions when a person is entitled to an administrative review, the relevant division administrator for Licensing, the relevant district director for Licensing, or their designee may conduct the review. For an administrative review of an abuse or neglect finding, the designee must not have been involved in the investigation and must not have directly supervised the investigation.

Comments

Source Note: The provisions of this §745.8813 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2004, 28 TexReg 11353

§745.8815: How is the administrative review conducted?

(a) Administrative reviews are generally conducted by telephone. However, if we take remedial action against your operation or we designate you as a perpetrator of child abuse, neglect, or exploitation, we may conduct the review in a face-to-face meeting at our office. If we cite you with a deficiency and you disagree with the citation or we determine that your operation is not exempt from our regulation, we may visit your operation to conduct the review.

(b) We will contact you within 10 calendar days of receiving your written request to schedule a time to conduct the review. The telephone conference or meeting must occur within 30 days of the date of this initial contact unless additional time is necessary in order for us to comply with your request for records related to the subject of the administrative review. If additional time is necessary, then the 30-day timeframe for completing the telephone conference or meeting will begin when you obtain the records.

(c) You will waive the telephone conference or meeting if:

(1) You do not respond to our attempts to contact you; or

(2) You do not complete the conference or meeting within the 30-day timeframe, unless the person conducting the review finds that there is good cause to schedule the conference or meeting at a later date.

(d) If you believe there is good cause to delay the conference or meeting, you must timely present your request for a delay and the reason in writing to the person conducting the review. The person conducting the review will make a decision regarding good cause based on policy developed by DFPS.

(e) Following the telephone conference or meeting, we will review the Licensing file and any additional documentation provided by you, may ask additional questions, and may gather other relevant information, as needed. If you waive the telephone conference or meeting, we will make a decision based on your written request and any supporting documentation submitted with your request.

(f) Unless good cause exists according to policy, we will prepare a written decision within 21 calendar days of conducting the review that upholds, amends, or overturns the Licensing decision or action in dispute and send notification of the decision to you. If the Licensing decision or action is overturned or amended, then we will correct the decision in our records.

Comments

Source Note: The provisions of this §745.8815 adopted to be effective June 1, 2010, 35 TexReg 4184

§745.8817: Can I waive my right to an administrative review?

You will waive your right to an administrative review if you do not request it according to §745.8806 of this title (relating to How long do I have to submit a request for an administrative review?) and §745.8809 of this title (relating to How do I request an administrative review?). If you want to expedite the action we are seeking to take, you may send us a written statement indicating that you waive your right to the administrative review before the 15-day timeframe has expired.

Comments

Source Note: The provisions of this §745.8817 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2010, 35 TexReg 4184

Division 2

§745.8831: What is a due process hearing?

A due process hearing is a formal legal proceeding before an administrative law judge of the State Office of Administrative Hearings to determine whether a Licensing decision or action was appropriate.

Comments

Source Note: The provisions of this §745.8831 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8833: What is the purpose of a due process hearing?

The purpose of the due process hearing is to give a person the right to challenge certain Licensing decisions or actions in an impartial setting. The judge for the State Office of Administrative Hearings will decide if the facts that existed at the time we made a decision or took an action justify the decision or action.

Comments

Source Note: The provisions of this §745.8833 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8835: When can I request a due process hearing?

You may request a due process hearing in the following situations:

(1) When we have designated you as a perpetrator of child abuse or neglect;

(2) When we are going to release the fact that you are a perpetrator due to a Child Protective Services or Adult Protective Services finding of child abuse or neglect;

(3) When we determine you or your operation is an immediate threat or danger to the health or safety of children;

(4) When we are taking adverse action against your operation;

(5) When we designate you as a controlling person at a residential operation;

(6) When we impose an administrative penalty against you; or

(7) If you are a licensed administrator, when we deny, revoke, suspend, or refuse to renew your license.

Comments

Source Note: The provisions of this §745.8835 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333

§745.8837: Who can request the due process hearing?

(a) When we have designated a person as a perpetrator of child abuse or neglect or determined that he is an immediate threat or danger to the health or safety of children, only he can request the due process hearing.

(b) When we are taking an adverse action against an operation or determine an operation is an immediate threat or danger to the health or safety of children, only the governing body, director, or the designee can request the due process hearing.

(c) A licensed administrator can request a due process hearing when we suspend, revoke, or deny his administrator's license.

(d) A controlling person of a residential child-care operation can request a due process hearing if an administrative penalty is imposed against him.

(e) A person that we designate as a controlling person of a residential child-care operation can request a due process hearing for that designation.

(f) The governing body, director, or the designee of the operation can request a due process hearing for an administrative penalty imposed against a permit holder.

Comments

Source Note: The provisions of this §745.8837 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333

§745.8839: How do I request a due process hearing?

To request a due process hearing you must:

(1) Send the written request by certified mail;

(2) Describe the specific decision that you are disputing and the reason(s) why this decision or action should not be upheld;

(3) Attach a copy of the notification letter informing you of your rights to a due process hearing; and

(4) Send and postmark the request within 30 days after you receive our notification of your right to a due process hearing.

Comments

Source Note: The provisions of this §745.8839 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8841: Where do I send the written request for a due process hearing?

You must send your request for a due process hearing by certified or regular mail to our Docket Clerk in Legal Services. The exact mailing address is included in the notice informing you of your right to due process. You must also send a copy of your request to the Licensing staff that sent you the notice letter.

Comments

Source Note: The provisions of this §745.8841 adopted to be effective January 1, 2007, 31 TexReg 9333

§745.8843: What happens after I make a request for a due process hearing?

(a) After you request a due process hearing, we will ask the State Office of Administrative Hearings to appoint an administrative law judge to conduct proceedings necessary for him to make a final decision in the case.

(b) After the State Office of Administrative Hearings assigns a docket number to your case:

(1) We will send you notice of the hearing, by regular and certified mail, to your last known address as shown by our records; or

(2) If the Docket Clerk has received written notice of representation from an attorney who will be representing you at the hearing, we will send the notice of the hearing to the attorney in a manner allowed under the rules referenced in §745.8845 of this title (relating to How is a due process hearing conducted?).

(c) You are responsible for providing the Docket Clerk with written notification of any change in your address that occurs after you have requested a due process hearing.

(d) If you requested a hearing because we are going to release a Child Protective Services or Adult Protective Services finding that you abused or neglected a child, we may nullify your request if we decide not to release the finding to the operation. We may decide not to release the finding to the operation if we determine that you are no longer present at the operation. If we nullify your request for a hearing, you will retain your right to request a due process hearing in the event that we seek to release the finding in the future. We may not nullify your request for a hearing if:

(1) We released the finding to the operation as set forth in §745.733 of this title (relating to Will Licensing release a central registry finding on a designated perpetrator or sustained perpetrator to my operation?); or

(2) We are taking adverse action against your operation because of the finding.

Comments

Source Note: The provisions of this §745.8843 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective July 1, 2005, 30 TexReg 3597; amended to be effective January 1, 2007, 31 TexReg 9333

§745.8845: How is a due process hearing conducted?

A due process hearing is conducted according to the following procedural rules which are incorporated into this rule by reference:

(1) Rules of the State Office Administrative Hearings (SOAH) found at 1 TAC Chapters 155, 157, and 161 (relating to Rules of Procedure, Temporary Administrative Law Judge, and Requests for Records);

(2) The Texas Government Code, Chapter 2001, Administrative Procedures Act (APA) rules, to the extent that they do not conflict with the SOAH rules; and

(3) The Texas Rules of Civil Procedure, to the extent that they do not conflict with the SOAH or APA rules.

Comments

Source Note: The provisions of this §745.8845 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8847: What information can the parties discuss in a due process hearing?

(a) They may discuss:

(1) Facts which were not evaluated by the Licensing staff; and

(2) New interpretations of facts.

(b) Alleged changes that have been made to the operation after the decision to take adverse action are not directly relevant to the due process hearing, and the administrative law judge may exclude them.

Comments

Source Note: The provisions of this §745.8847 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8849: What can the administrative law judge (ALJ) do to the decisions or actions that Licensing made?

The ALJ may uphold, reverse, or alter our decision or action. If he reverses our decision or action, then we must correct the decision or action in our records. If he upholds our decision or action, then we will go forward with the decision or action. If he alters our decision or action, then we will follow the direction outlined in the Order.

Comments

Source Note: The provisions of this §745.8849 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8851: Can due process hearings be combined?

Yes, an administrative law judge (ALJ) may combine hearings that involve issues related to the same decision or action. For example, if we take an adverse action against your operation based on a finding of child abuse or neglect, and you request a due process hearing on both the finding and the adverse action, then the ALJ may combine the hearing to listen to these related issues at the same time. Another example is when three different individuals are designated as perpetrators of abuse or neglect based on the same incident, and all three individuals request due process hearings. In this situation, the ALJ may combine all three hearings to listen to the related abuse and neglect issue at the same time. However, the ALJ's judgment must reflect a determination on all of the individual due process requests before him.

Comments

Source Note: The provisions of this §745.8851 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8853: What if I do not appear at my due process hearing?

If you do not appear, the administrative law judge may enter a default decision that approves or upholds the decision or action we took.

Comments

Source Note: The provisions of this §745.8853 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8855: Can I waive my right to a due process hearing?

(a) You will waive your right to a due process hearing by not requesting one according to §745.8839 of this title (relating to How do I request a due process hearing? and §745.8841 of this title (relating to Where do I send the written request for a due process hearing?). If you waive your right to a due process hearing by not requesting one according to the rules, our decision and/or action will be effective on the date after your time period for requesting a due process hearing expires unless the due process hearing was offered due to the designation of a controlling person. If so, see §745.907(b) of this title (relating to (What are the consequences of Licensing designating me as a controlling person?) to determine when the action is effective.

(b) If you want to expedite the decision and/or action, you may send us a written waiver of your right to the due process hearing before the 30-day timeframe has expired. Our decision or action will be effective on the date that we receive your written waiver.

Comments

Source Note: The provisions of this §745.8855 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333

Division 3

§745.8871: Does my request for an administrative review suspend the start date of the evaluation or probation?

(a) If you request an administrative review regarding the entire corrective action, then the evaluation or probation, including the implementation of the corrective action plan and the posting requirement, is suspended pending the outcome of the administrative review. Once the administrative review is complete, we will notify you of the decision of the administrative review and the new start date, if appropriate.

(b) If you only request an administrative review regarding one or more of the conditions imposed as part of the action, then we will notify you whether the evaluation or probation will continue with noted changes or is suspended pending the outcome of the administrative review. If the corrective action will continue, then you must meet the posting requirements. Once the administrative review is complete, we will notify you of the decision of the administrative review and any change in conditions that need to be made to the evaluation or probation, including a new start date, if appropriate.

Comments

Source Note: The provisions of this §745.8871 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8873: If Licensing takes adverse action against me, is the posting requirement for an adverse action postponed until the outcome of the due process hearing?

No, you must follow the posting requirement for an adverse action pending the outcome of the due process hearing. Families with children in care need to be aware of the possibility that your operation may have to close in the near future.

Comments

Source Note: The provisions of this §745.8873 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8875: If Licensing takes adverse action against me, may I continue to operate pending the outcome of an administrative review and/or a due process hearing?

Whether you may operate pending the outcome of an administrative review and/or due process hearing depends upon the type of adverse action being taken against you.

(1) If we denied your permit, you may or may not operate depending upon the following conditions:

Attached Graphic

(2) If we have adversely amended, suspended, or revoked your permit, then you may continue to operate pending the outcome of the administrative review and due process hearing unless we determine the operation poses an immediate threat or danger to the health or safety of children.

Comments

Source Note: The provisions of this §745.8875 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333

§745.8877: What if I disagree with Licensing's decision that my operation or I pose an immediate threat or danger to the health or safety of children?

You may request an administrative review and/or due process hearing. We will notify you of this right when we inform you of our determination. If we determine that you pose an immediate threat or danger, you may not be present in the operation while children are in care pending the outcome of your administrative review and/or due process hearing. If we determine that your operation poses an immediate threat or danger, you must close your operation pending the outcome of the review and/or hearing. If you disagree with our determination that you or your operation poses an immediate threat, you may seek injunctive relief from a district court in Travis County or in the county where the operation is located.

Comments

Source Note: The provisions of this §745.8877 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8879: If Licensing takes adverse action against my operation, may I enroll new children pending the outcome of an administrative review and/or due process hearing?

Yes, if we allow you to continue operating, you may enroll new children pending the outcome of an administrative review and/or due process hearing. However, you must inform anyone seeking to enroll a child that we are seeking to deny, suspend, or revoke your permit, and that you are continuing to care for children pending the outcome of the administrative review and/or due process hearing.

Comments

Source Note: The provisions of this §745.8879 adopted to be effective March 1, 2002, 27 TexReg 965

§745.8881: What kinds of inspections will Licensing conduct if I continue to operate pending the administrative review and due process hearing?

We continue to have a responsibility for inspections during the time you are operating. We will determine a plan to ensure the safety of children in your care.

Comments

Source Note: The provisions of this §745.8881 adopted to be effective March 1, 2002, 27 TexReg 965

Subchapter N

Division 1

§745.8901: What is a child-care administrator?

A child-care administrator is a person who:

(1) Supervises and exercises direct control over a general residential child-care operation or a residential treatment center; and

(2) Is responsible for the operation's program(s) and personnel, regardless of whether the person has an ownership interest in the operation or shares duties with anyone.

Comments

Source Note: The provisions of this §745.8901 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.8903: What is a child-placing agency administrator?

A child-placing agency administrator is a person who:

(1) Supervises and exercises direct control over a child-placing agency, as defined in §745.37(3)(F) of this title (relating to What specific types of operations does Licensing regulate?); and

(2) Is responsible for the agency's program(s) and personnel, regardless of whether the person has an ownership interest in the agency or shares duties with anyone.

Comments

Source Note: The provisions of this §745.8903 adopted to be effective January 1, 2007, 31 TexReg 9342

§745.8905: What is a licensed administrator?

A licensed administrator is either a licensed child-care administrator or a licensed child-placing agency administrator.

Comments

Source Note: The provisions of this §745.8905 adopted to be effective January 1, 2007, 31 TexReg 9342

§745.8907: When must I have a Child-Care Administrator's License (CCAL)?

You must have a CCAL to serve as an administrator for a residential treatment center or a general residential operation, except for certain general residential operations that only provide emergency care services (See §745.8911 of this title (relating to For general residential operations that only provide emergency care services, in what circumstances do I not need a CCAL to be a child-care administrator?)).

Comments

Source Note: The provisions of this §745.8907 adopted to be effective January 1, 2007, 31 TexReg 9342

§745.8909: When must I have a Child-Placing Agency Administrator's License (CPAAL)?

You must have a CPAAL to serve as a child-placing agency administrator. You do not need this license to serve as the administrator for an independent foster family or group home.

Comments

Source Note: The provisions of this §745.8909 adopted to be effective January 1, 2007, 31 TexReg 9342

§745.8911: For general residential operations that only provide emergency care services, in what circumstances do I not need a Ccal to be a child-care administrator?

You do not need a CCAL if we exempt the general residential operation that only provides emergency care services from needing a licensed child-care administrator. To qualify for exemption, the governing body or designee of the emergency shelter must send to the Assistant Commissioner for Child-Care Licensing a letter that includes the following:

(1) The name of the county where the operation is located;

(2) The date that the operation's governing body adopted a resolution certifying that the operation made a reasonable attempt to hire a licensed child-care administrator but was unable to do so;

(3) A statement that the governing body adopted the resolution by a majority vote;

(4) The name of the unlicensed administrator hired; and

(5) A statement of the administrator's qualifications, including any areas where the person's qualifications do not meet the requirements for a CCAL.

Comments

Source Note: The provisions of this §745.8911 adopted to be effective January 1, 2007, 31 TexReg 9342

§745.8913: Can I use my valid license from another state to serve as a licensed child-care administrator?

(a) We may waive any prerequisite for you to get a child-care administrator's license from us if the other state's license requirements are substantially equivalent to those in Texas, or if there is a reciprocity agreement between Texas and the other state.

(b) We may issue a provisional license to you once you apply for a license from us. See Human Resources Code, §43.0081, for the provisional license qualifications.

Comments

Source Note: The provisions of this §745.8913 adopted to be effective January 1, 2007, 31 TexReg 9342

§745.8915: Do I qualify for a Ccal?

You qualify for a CCAL if you:

(1) Pass an examination, which is offered by DFPS, that demonstrates competence in the field of child-care administration;

(2) Undergo a criminal history and central registry background check and do not have a criminal history or central registry history that would prohibit you from working in a residential child-care operation, as specified in Subchapter F of this chapter (relating to Background Checks);

(3) Have one year of full-time experience in management or supervision of personnel and programs as specified in §745.8919 of this title (relating to What qualifies as one year of experience in management or supervision of personnel and programs?); and

(4) Have one of the following qualifications:

(A) A master's or doctor of philosophy degree in social work or other area of study; or

(B) A bachelor's degree and two years' full-time experience in residential child care or a closely related field.

Comments

Source Note: The provisions of this §745.8915 adopted to be effective January 1, 2007, 31 TexReg 9342

§745.8917: Do I qualify for a Cpaal?

You qualify for a CPAAL if you:

(1) Pass an examination, which is offered by DFPS, that demonstrates competence in the field of child-placing administration;

(2) Undergo a criminal history and central registry background check and do not have a criminal history or central registry history that would prohibit you from working in a residential child-care operation, as specified in Subchapter F of this chapter (relating to Background Checks);

(3) Have one year of full-time experience in management or supervision of personnel and programs as specified in §745.8919 of this title (relating to What qualifies as one year of experience in management or supervision of personnel and programs?); and

(4) Have one of the following qualifications:

(A) A master's or doctor of philosophy degree in social work or other area of study; or

(B) A bachelor's degree and two years' full-time experience in residential child care or a closely related field.

Comments

Source Note: The provisions of this §745.8917 adopted to be effective January 1, 2007, 31 TexReg 9342

§745.8919: What qualifies as one year of experience in management or supervision of personnel and programs?

(a) To qualify for a CCAL, you must substantiate through an employer reference that:

(1) You have completed the one year of full-time experience in management or supervision of residential child-care personnel and programs within the past 10 years;

(2) Your experience was at a general residential operation, residential treatment center, or in a comparable residential operation in which you worked primarily with children;

(3) If you were not solely responsible for implementing the operation's child-care program, that you shared in that responsibility; and

(4) You supervised at least one member of the child-care personnel and your supervision responsibilities included assigning duties, hiring, disciplining, rewarding, approving leave requests, and conducting formal employee evaluations.

(b) To qualify for a CPAAL, you must substantiate through an employer reference that:

(1) You have completed the one year of full-time experience in management or supervision of child-placing personnel and programs within the past 10 years;

(2) Your experience was at a child-placing agency;

(3) If you were not solely responsible for implementing the agency's child-placing program, that you shared in that responsibility; and

(4) You supervised at least one member of the child-placing agency personnel and your supervision responsibilities included assigning duties, hiring, disciplining, rewarding, approving leave requests, and conducting formal employee evaluations.

(c) Experience as a foster parent, adoptive parent, or any other type of caregiver or staff person in an agency home does not meet the requirements of subsections (a) or (b) of this section.

(d) The Assistant Commissioner for Child-Care Licensing, or his designee, may grant exceptions to this rule on a case-by-case basis, if an applicant is able to provide compelling justification that his experience qualifies him to act as a licensed administrator.

Comments

Source Note: The provisions of this §745.8919 adopted to be effective January 1, 2007, 31 TexReg 9342

§745.8921: Who are "child-placing personnel"?

(a) "Child-placing personnel" are persons, who, under the auspices of a child-placing agency, plan for the placement of or place a child in a residential child-care operation, agency foster home, or adoptive home.

(b) For the purposes of this section, planning for placement or placing a child includes any of the following activities:

(1) Developing a child's admission assessment or service plan for a child in the care of a child-placing agency;

(2) Performing case management activities for a child in the care of a child-placing agency;

(3) Conducting a home study;

(4) Conducting foster home verification activities; and/or

(5) Developing corrective or adverse actions for agency foster homes.

(c) Planning for placement or placing a child does not include serving as a foster parent or a caregiver for the child.

Comments

Source Note: The provisions of this §745.8921 adopted to be effective January 1, 2007, 31 TexReg 9342

Division 2

§745.8931: How do I apply to become a licensed administrator?

To apply to become a licensed administrator, you must submit all required application materials and a $100 application fee to the address on the application form. The application fee is nonrefundable.

Comments

Source Note: The provisions of this §745.8931 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.8933: What does a complete application to become a licensed administrator include?

(a) A complete application to become a licensed administrator includes:

(1) A completed application form;

(2) A transcript or letter of verification from the appropriate educational institution(s) to substantiate your educational qualifications;

(3) Two professional references that verify your professional skills, character, and if applicable, two years of full-time work experience;

(4) An employer reference that documents your one year of supervisory experience (see §745.8919 of this title (relating to What qualifies as one year of experience in management or supervision of personnel and programs?));

(5) An application fee of $100;

(6) A notarized affidavit documenting background information on a form provided by DFPS; and

(7) A completed background check request form and background check fee.

(b) Your application is incomplete if you fail to complete any part of subsection (a) of this section, including inadequate documentation of your qualifications.

Comments

Source Note: The provisions of this §745.8933 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.8935: How do I apply for both a Child-Care Administrator's License and a Child-Placing Agency Administrator's License?

(a) To apply for both licenses simultaneously, you must submit:

(1) An application fee for each license; and

(2) All application materials required by §745.8933 of this title (relating to What does a complete application to become a licensed administrator include?), except that you must have two employee references, one verifying your supervisory experience in a general residential operation or a residential treatment center, and the other verifying your supervisory experience in a child-placing agency.

(b) To apply for one of the license types after you already have the other type of license, you must submit an:

(1) Application fee;

(2) Updated complete application form; and

(3) Employee reference verifying your required supervisory experience related to the license for which you are applying (see §745.8919 of this title (relating to What qualifies as one year of experience in management or supervision of personnel and programs?)).

Comments

Source Note: The provisions of this §745.8935 adopted to be effective January 1, 2007, 31 TexReg 9342

Division 3

§745.8951: What happens after Licensing receives my application materials and fees?

We have 21 days to notify you in writing of one of the following:

(1) We have received a complete set of application materials and fees and determined that you meet the initial qualifications and are eligible to take the licensing examination;

(2) We have received a complete set of application materials and fees and determined that you do not meet the initial qualifications and are not eligible to take the licensing examination; or

(3) Your application is pending because it is incomplete and/or the materials submitted do not show compliance with relevant statutes and rules. The notification letter will explain what is needed to complete the application and/or why your materials do not show compliance. If your application remains pending, you will receive reminder letters regarding the status of your application at three months and six months after the first notification letter is sent. If your application remains pending for 12 months from the date we first receive any part of your application, then your application will expire. If your application expires, then you may not apply again for one year from the date your application expired.

Comments

Source Note: The provisions of this §745.8951 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.8955: What if I disagree with Licensing's determination that I do not meet the initial qualifications required to take the licensing examination?

If you disagree with the determination, you may request an administrative review and/or a due process hearing as set forth in Subchapter M of this chapter (relating to Administrative Reviews and Due Process Hearings).

Comments

Source Note: The provisions of this §745.8955 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.8957: What if I fail the licensing examination or do not take the examination?

(a) You may take a licensing examination up to three times within 24 months of the date that we receive your application. We cannot issue you a license until you pass the examination with a score of 70% or higher during that time period.

(b) If you fail the examination three times within 24 months after we receive your application, you may submit a new application one year after the date you fail your third examination.

(c) If you take the examination less than three times within 24 months after we receive your application and do not pass the examination, your application will be void. You will have to reapply in order to pursue an administrator's license.

Comments

Source Note: The provisions of this §745.8957 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.8959: Must I pay an examination fee each time I take a licensing examination?

Yes. You must pay the nonrefundable examination fee of $50 each time before taking a licensing examination.

Comments

Source Note: The provisions of this §745.8959 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.8961: What happens after I take a licensing examination?

(a) We will send you the results of your examination within 14 days after we receive them from the testing organization.

(b) We will issue or deny you a license within 14 days after we have your examination results and the results of your criminal history and central registry checks, including the results of any risk evaluation required based on your criminal history or central registry history.

Comments

Source Note: The provisions of this §745.8961 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.8963: What if my criminal history background check or central registry check results in a positive match?

If your background check results in a positive match, we will take action in accordance with Subchapter F of this chapter (relating to Background Checks).

Comments

Source Note: The provisions of this §745.8963 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.8965: What if Licensing does not process my application within the appropriate timeframes?

If you believe that we did not process your application within the appropriate timeframes, you may request that the Assistant Commissioner for Child-Care Licensing review the situation. You must submit your written request for the review within 30 days after our time limit expires. You must send your request to: Assistant Commissioner for Child-Care Licensing, Mail Code E-550, Texas Department of Family and Protective Services, P.O. Box 149030, Austin, Texas 78714-9030. Your request must include a specific complaint and any supporting documentation.

Comments

Source Note: The provisions of this §745.8965 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.8967: What happens after the Assistant Commissioner for Child-Care Licensing receives my request for review?

After receiving your request, the Assistant Commissioner will decide if we processed your application within the appropriate timeframes. If the Assistant Commissioner decides that we did not, he/she will decide if we had good cause to exceed the timeframes. We will reimburse your application fee to you if the Assistant Commissioner determines that we exceeded the time limits without good cause. The Assistant Commissioner will notify you of his/her decision within 30 days after receiving your request.

Comments

Source Note: The provisions of this §745.8967 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.8969: When does Licensing have good cause for not processing my application within the established time period?

We have good cause for exceeding the timeframes if:

(1) While we are processing your application, we are processing at least 15% more applications than we did during the same quarter of the previous calendar year;

(2) Another public or private entity that we rely on to process all or part of the applications causes the delay;

(3) You are the subject of a pending investigation; or

(4) Any other conditions exist that give us good cause for exceeding the time period.

Comments

Source Note: The provisions of this §745.8969 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

Division 4

§745.8991: Can my administrator's license remain valid for an indefinite period of time?

No, an administrator's license is valid for two years, so you must renew your license every two years.

Comments

Source Note: The provisions of this §745.8991 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.8993: Am I eligible to renew my administrator's license?

To be eligible to renew your administrator's license, you must:

(1) Be in current compliance with all applicable laws, including these rules;

(2) Have completed 15 clock hours of continuing education each year during the two-year period before renewal;

(3) Undergo a new criminal history and central registry background check and may not have a criminal history or central registry history that would prohibit you from working in a residential child-care operation, as specified in Subchapter F of this chapter (relating to Background Checks); and

(4) Submit the appropriate renewal fee.

Comments

Source Note: The provisions of this §745.8993 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.8995: When do I request renewal of my administrator's license?

To continue operating as a licensed administrator, you must request your administrator's license renewal before your license expires. We may not renew your administrator's license after it has been expired for more than one year.

Comments

Source Note: The provisions of this §745.8995 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.8997: How do I request renewal of my administrator's license ?

To request an administrator's license renewal, you must send us:

(1) Evidence that you have completed 15 clock hours of continuing education each year during the two-year period before renewal;

(2) A completed renewal form;

(3) The renewal fee; and

(4) A completed background check form and fee.

Comments

Source Note: The provisions of this §745.8997 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.8999: If I want to maintain my administrator's license even though I am not working as an administrator, must I satisfy the continuing education requirements?

No, you may place your administrator's license on inactive status if you are not working as an administrator. You are not required to obtain continuing education while your license is on inactive status.

Comments

Source Note: The provisions of this §745.8999 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.9001: Must I undergo a background check in order to renew my administrator's license as inactive?

No, you are not required to undergo a background check in order to renew your administrator's license as inactive.

Comments

Source Note: The provisions of this §745.9001 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.9003: How much is the renewal fee?

(a) The amount of the renewal fee varies depending on when we receive it:

Attached Graphic

(b) Failure to receive notice from us of your license's expiration or impending expiration does not waive the increase of the fee for late renewals.

Comments

Source Note: The provisions of this §745.9003 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.9005: How much is the renewal fee if I am requesting inactive status?

(a) The renewal fee for inactive status is half the amount of the regular renewal fee:

Attached Graphic

(b) Failure to receive notice from us of your license's expiration or impending expiration does not waive the increase of the fee for late renewals.

Comments

Source Note: The provisions of this §745.9005 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.9007: How do I change my administrator's license status from inactive to active?

(a) To renew your inactive administrator's license as active, you must submit to us a:

(1) Completed renewal form;

(2) $50 renewal fee; and

(3) Completed background check form and fee.

(b) To change your status to active in the middle of a renewal period, you must submit to us a:

(1) Written request to change your status;

(2) $25 fee; and

(3) Completed background check form and fee.

Comments

Source Note: The provisions of this §745.9007 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.9009: What are the renewal requirements if I have both a Ccal and a Cpaal?

(a) You must pay the appropriate renewal fee for each license.

(b) You must complete the renewal form for each license.

(c) You must submit a completed background check form and fee every two years, or present evidence every two years of your cleared criminal history and central registry checks as required in Subchapter F of this chapter (relating to Background Checks).

(d) You must submit evidence that you have completed 15 clock hours of continuing education each year during the two-year renewal period for each license. The same training hours may be counted toward both licenses only if the training appropriately applies to both license types. (For example, training on adoption law would count toward renewal of a Child-Placing Agency Administrator's License but not a Child Care Administrator's License, whereas training on federal equal employment opportunity hiring requirements and guidelines would count toward renewal of both licenses.)

Comments

Source Note: The provisions of this §745.9009 adopted to be effective January 1, 2007, 31 TexReg 9342

§745.9011: What happens if I do not renew my administrator's license?

(a) If you fail to renew your administrator's license before the expiration date of the license, you must cease acting as or representing yourself as a licensed administrator.

(b) If you do not renew your administrator's license within one year after its expiration date, the license is considered lapsed and is no longer eligible for renewal.

(c) If you would like to be a licensed administrator after your license has lapsed, you must reapply as if you had never been licensed. You must return the expired license certificate to us before we can accept a new application from you.

Comments

Source Note: The provisions of this §745.9011 adopted to be effective January 1, 2007, 31 TexReg 9342

§745.9013: How does a remedial action that is pending against my administrator's license affect renewal requirements for that license?

(a) A remedial action that is pending against your administrator's license has no effect on renewal requirements for that license. You must still submit timely and complete renewal documentation and fees.

(b) If the pending remedial action results in the revocation or refusal to renew your license, any renewal fees paid during the time the remedial action was pending will be refunded upon our receipt of a written request from you.

Comments

Source Note: The provisions of this §745.9013 adopted to be effective January 1, 2007, 31 TexReg 9342

§745.9015: What happens if I am not able to renew my administrator's license due to active military duty?

(a) If you are on active duty with the armed forces of the United States and are serving outside of Texas at the time that your license expires, you are exempt from the renewal requirements.

(b) Within one year of your return to Texas or release from active duty, whichever occurs first, you may request reinstatement of your license. We will renew your license upon receipt of your request for reinstatement, documentation of your active duty status at the time your license expired, and the renewal fee.

(c) No continuing education will be required prior to reinstatement, and no extra fees for an untimely renewal will be charged for reinstatement.

Comments

Source Note: The provisions of this §745.9015 adopted to be effective January 1, 2007, 31 TexReg 9342

§745.9017: Will Licensing return my renewal fee if I am not eligible for renewal?

Yes, upon your written request, we will refund your renewal fee if we determine that you are not eligible for renewal.

Comments

Source Note: The provisions of this §745.9017 adopted to be effective January 1, 2007, 31 TexReg 9342

§745.9019: How do I get an additional copy of my current administrator's license?

You must send us your request in writing along with a $5 fee for each replacement copy of your administrator's license. Your request must include a statement detailing the loss or destruction of your original license or be accompanied by your damaged license. Fraud or deceit related to any such request may result in remedial action per §745.9037 of this title (relating to Under what circumstances may Licensing take remedial action against my administrator's license or administrator's license application?).

Comments

Source Note: The provisions of this §745.9019 adopted to be effective January 1, 2007, 31 TexReg 9342

§745.9021: What information must I report to Dfps?

(a) You must make written reports of the following to us within 30 days:

(1) A change of your mailing address, place of employment, or business or home phone number;

(2) A change in your legal name;

(3) The filing of a criminal case against you;

(4) A criminal conviction against you, other than a Class C misdemeanor traffic offense;

(5) The filing of a civil lawsuit against you that relates to your role as a licensed administrator;

(6) The settlement of or judgment rendered in a civil lawsuit filed against you which relates to your role as a licensed administrator; and

(7) Complaints against, investigations involving, or actions against you related to abuse or neglect or another licensing or certification body regarding health, mental health, or child care services, when known by you.

(b) We may use the information received under this section when deciding to issue a license or take a remedial action.

Comments

Source Note: The provisions of this §745.9021 adopted to be effective January 1, 2007, 31 TexReg 9342

§745.9023: What will happen if I do not make a report as required by §745.9021 of this title (relating to What information must I report to Dfps?)?

If you fail to make a report that is required by §745.9021 of this title, we may take remedial action against your administrator's license, up to and including revocation of your license.

Comments

Source Note: The provisions of this §745.9023 adopted to be effective January 1, 2007, 31 TexReg 9342

Division 5

§745.9031: What remedial actions can Licensing take against my administrator's license?

We may take the following actions against your administrator's license:

Attached Graphic

Comments

Source Note: The provisions of this §745.9031 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342

§745.9033: What information does a letter of reprimand contain?

A letter of reprimand will contain the following information:

(1) The reason(s) for the reprimand;

(2) That further disciplinary actions may result from future violations; and

(3) Your right to request an administrative review within 15 calendar days after receiving the letter.

Comments

Source Note: The provisions of this §745.9033 adopted to be effective March 1, 2002, 27 TexReg 965

§745.9035: Can any authority besides Licensing suspend my administrator's license?

A court or Title IV-D agency may suspend your administrator's license if you fail to pay child support. As set forth in Texas Family Code, §232.011, we must follow an order suspending your administrator's license.

Comments

Source Note: The provisions of this §745.9035 adopted to be effective January 1, 2007, 31 TexReg 9342

§745.9037: Under what circumstances may Licensing take remedial action against my administrator's license or administrator's license application?

(a) We may take remedial action against your administrator's license or administrator's license application if you:

(1) Violate Chapter 43 of the Human Resources Code or a rule of DFPS;

(2) Circumvent or attempt to circumvent the requirements of Chapter 43 of the Human Resources Code or a Licensing rule;

(3) Engage in fraud or deceit related to the requirements of Chapter 43 of the Human Resources Code or a Licensing rule;

(4) Provide false or misleading information to us during the application or renewal process for your own or someone else's application or license;

(5) Make a statement about a material fact during the license application or renewal process that you know or should know is false;

(6) Have a criminal history or central registry record that would prohibit you from working in a child-care facility as specified in Subchapter F of this chapter (relating to Background Checks);

(7) Use or abuse drugs or alcohol in a manner that jeopardizes your ability to function as an administrator; or

(8) Perform your duties as a licensed administrator in a negligent manner.

(b) If we revoke your administrator's license, you are not eligible to apply for another administrator's license for five years after the date the license was revoked.

(c) If you have both a Child Care Administrator's License and a Child-Placing Agency Administrator's License, remedial action may be taken against both licenses. If we take remedial action against both of your licenses, you will be notified that the action applies to both licenses. In such a case, any administrative review and/or due process hearing for both licenses may be combined at our discretion.

(d) If we revoke or do not renew your license, you must return your license certificate to us.

Comments

Source Note: The provisions of this §745.9037 adopted to be effective January 1, 2007, 31 TexReg 9342

§745.9039: What can I do if I disagree with a remedial action that Licensing takes against my administrator's license?

If you disagree with a remedial action that we take against your administrator's license, you may request an administrative review. You may also request a due process hearing of our decision to deny, revoke, suspend, or refuse to renew your administrator's license. See Subchapter M of this chapter (relating to Administrative Reviews and Due Process Hearings).

Comments

Source Note: The provisions of this §745.9039 adopted to be effective January 1, 2007, 31 TexReg 9342

Subchapter O

Division 1

§745.9060: What is a social study?

(a) A social study is an evaluative process through which information and recommendations regarding adoption of a child, conservatorship of a child, or possession of or access to a child may be made to a court, the parties, and the parties' attorneys.

(b) A social study must contain documentation of the following elements:

(1) A personal interview with each party to the suit;

(2) An interview, conducted in a developmentally appropriate manner, of each child at issue in the suit who is at least four years old;

(3) Observation of each child at issue in the suit, regardless of the age of the child;

(4) Information obtained from relevant collateral sources;

(5) Evaluation of the home environment of each party seeking conservatorship of, possession of, or access to the child at issue in the suit, unless the condition of the home environment is identified as not being in dispute in the court order requiring the social study;

(6) For each individual residing in a home subject to evaluation, consideration of any criminal history information and any contact with the Department of Family and Protective Services or a law enforcement agency regarding abuse or neglect;

(7) Assessment of the relationship between each child at issue in the suit and each party seeking conservatorship of, possession of, or access to the child;

(8) The name, license number, and basis for qualification under §745.9065 of this title (relating to What qualifications must I meet to conduct a social study?) of each person who conducted any portion of the social study; and

(9) Telephone numbers for entities where it is appropriate for the subject of the social study to file complaints about how the social study was conducted (see §745.9100 of this title (relating to Whom must I contact with a complaint about how an independent social study was conducted?)).

(c) A social study may also contain the following elements:

(1) Balanced interviews and observation of each child at issue in the suit, so a child who is interviewed or observed while in the care of one party to the suit is also interviewed or observed while in the care of each other party to the suit;

(2) An interview of each individual residing in a home subject to the evaluation; and

(3) Evaluation of the home environment of each party seeking conservatorship of, possession of, or access to the child at issue in the suit, regardless of whether the home environment is in dispute.

(d) The person(s) conducting a social study may not offer an opinion regarding conservatorship of, possession of, or access to the child at issue in a suit unless each element of a social study under subsection (b) of this section has been completed. A social study evaluator shall identify in the report any additional element of a social study under subsection (c) of this section that was not completed and shall explain the reasons that the element was not completed.

(e) A pre-adoptive social study or post-placement adoptive social study must also comply with all other relevant rules of this subchapter.

Comments

Source Note: The provisions of this §745.9060 adopted to be effective March 1, 2008, 33 TexReg 1367

§745.9061: What is a pre-adoptive social study?

A pre-adoptive social study is conducted for a child who is being adopted. The social study contains documentation of the following:

(1) Interviews with adoption applicants, their families, and collateral contacts as necessary;

(2) Information obtained through review of documents, reports, and inspections;

(3) Assessment of the information obtained to determine whether applicants meet the requirements for approval as adoptive families;

(4) Evaluation of the information obtained in order to make recommendations about the family's capacity for adoption, including the age, number, sex, and special needs of the children the family has the capacity to parent; and

(5) Assessment of basic care and safety issues, including safety of the environment of the adoptive home.

Comments

Source Note: The provisions of this §745.9061 adopted to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367

§745.9063: What is a post-placement adoptive social study and report?

A post-placement adoptive social study and report is required after the placement of the child. It is a written summary of all of the information and assessments regarding the child and the family, including the pre-adoptive social study, and a written evaluation regarding the:

(1) Child;

(2) Prospective adoptive parent(s);

(3) Family of the prospective adoptive parent(s);

(4) Environment of the prospective adoptive parent(s) and their family; and

(5) Adjustment of all individuals to the placement.

Comments

Source Note: The provisions of this §745.9063 adopted to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367

Division 2

§745.9065: What qualifications must I meet to conduct a social study?

(a) Each person conducting any portion of a social study must have qualifications that meet one of the following options:

(1) Bachelor's degree from an accredited college or university in a human services field and a license to practice in Texas as a social worker, professional counselor, marriage and family therapist, or psychologist and:

(A) Have two years of full-time experience or equivalent part-time experience under professional supervision during which the individual performed functions involving the evaluation of physical, intellectual, social, and psychological functioning and needs and the potential of the social and physical environment, both present and prospective, to meet those needs; and

(B) Have participated in the performance of at least 10 court-ordered social studies under the supervision of an individual qualified under this section;

(2) Meet the requirements of paragraph (1)(A) of this subsection and be practicing under the direct supervision of an individual qualified under this section in order to complete at least 10 court-ordered social studies under supervision; or

(3) Be employed by a domestic relations office, provided that the individual conducts social studies relating only to families ordered by a court to participate in social studies conducted by the office.

(b) In subsection (a) of this section, the following terms are defined as follows:

(1) "Full-time experience" means a period during which an individual works at least 30 hours per week.

(2) "Human services field of study" means a field of study designed to prepare an individual in the disciplined application of counseling, family therapy, psychology, or social work values, principles, and methods.

(c) In addition to the qualifications in subsection (a) of this section, an individual must complete at least eight hours of family violence dynamics training provided by a family violence service provider to be qualified to conduct a social study.

(d) The minimum qualifications prescribed in subsections (a) and (c) of this section do not apply to an individual conducting a social study:

(1) In connection with a suit pending before a court located in a county with a population of less than 500,000;

(2) In connection with an adoption governed by rules adopted under §107.0519(a) of the Texas Family Code;

(3) As an employee or other authorized representative of a licensed child-placing agency;

(4) As an employee or other authorized representative of the Department of Family and Protective Services;

(5) If no individuals meeting these qualifications are available in a county, and the court determines the individual to be otherwise qualified to conduct the study; or

(6) Who meets the training and continuing education requirements set forth in subsection (e) of this section and who did the following before September 1, 2007:

(A) Lived in a county that has a population of 500,000 or more and is adjacent to two or more counties each of which has a population of 50,000 or more;

(B) Received a four-year degree from an accredited institution of higher education;

(C) Worked as a child protective services investigator for the Department of Family and Protective Services for at least four years;

(D) Worked as a community supervision and corrections department officer; and

(E) Conducted at least 100 social studies in the previous five years.

(e) A person described by subsection (d)(6) of this section must:

(1) Complete at least eight hours of family violence dynamics training provided by a family violence service provider; and

(2) Participate annually in at least 15 hours of continuing education for child custody evaluators that meets the Model Standards of Practice for Child Custody Evaluation adopted by the Association of Family and Conciliation Courts as those standards existed May 1, 2009, or a later version of those standards if adopted by rule of the executive commissioner of the Health and Human Services Commission.

(f) Persons conducting a pre-adoptive home screening or post-placement adoptive report as an employee or other authorized representative of a licensed child-placing agency must comply with all requirements of Chapter 749 of this title (relating to Child Placing Agencies).

(g) Subsections (d)(6) and (e) of this section expire on September 1, 2017.

Comments

Source Note: The provisions of this §745.9065 adopted to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367; amended to be effective March 1, 2010, 35 TexReg 881

§745.9067: How does a person conducting a social study assess situations, reach conclusions, and make recommendations for the social study?

(a) To the extent possible, a person conducting a social study shall verify each statement of fact pertinent to a social study and shall note the sources of verification and information in the study.

(b) To the extent possible, a person conducting a social study shall follow evidence-based practice methods and make use of current best evidence in making assessments and recommendations.

(c) A person conducting a social study shall state the basis for his conclusions or recommendations in the study. A person conducting a social study who has evaluated only one side of a disputed case shall refrain from making a recommendation regarding conservatorship of a child or possession of or access to a child, but may state whether the party evaluated appears to be suitable for conservatorship, possession, or access.

Comments

Source Note: The provisions of this §745.9067 adopted to be effective March 1, 2008, 33 TexReg 1367

§745.9068: What ethical requirements must I follow when conducting a social study?

(a) A person's actions while conducting a social study must conform with the person's professional standard of care applicable to the person's licensure and any additional administrative rules, ethical standards, or guidelines adopted by the state agency that licenses the person, unless otherwise directed by a court or prescribed by a rule in this subchapter.

(b) A person conducting a social study shall disclose to each attorney of record any communication regarding a substantive issue between himself and an attorney of record representing a party in a disputed suit. This subsection does not apply to a communication between a person conducting a social study and an attorney ad litem or amicus attorney.

(c) A person conducting a social study must not have a conflict of interest with any party in a disputed suit. A conflict of interest includes any previous knowledge of any party that was not exclusively obtained through a social study. If a conflict exists, then you must:

(1) Decline to conduct the social study for the suit; or

(2) Disclose to the court any issue or concern relating to such a conflict before accepting an appointment.

(d) A person conducting a social study who has previously conducted a social study for a suit may conduct all subsequent evaluations in the suit, unless the court finds that the person has a conflict of interest.

(e) You must report to us any foster or adoptive placement that appears to have been made by someone other than the child's parents or a child-placing agency.

Comments

Source Note: The provisions of this §745.9068 adopted to be effective March 1, 2008, 33 TexReg 1367

Division 3

§745.9069: What information must be included in the pre-adoptive social study?

You must obtain, document, and assess the following information about a prospective adoptive home:

Attached Graphic

Comments

Source Note: The provisions of this §745.9069 adopted to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367

§745.9070: May I consider a prospective adoptive parent's membership in a military organization as a factor in recommending an adoptive placement?

Section 162.0025 of the Texas Family Code prohibits any person conducting a pre-adoptive social study from considering membership in the armed forces of the United States, Texas National Guard, National Guard in another state, or in a reserve component of the armed forces of the United States as a negative factor in determining whether the adoptive parent would be a suitable parent or whether an adoption is in the best interests of the child.

Comments

Source Note: The provisions of this §745.9070 adopted to be effective March 1, 2008, 33 TexReg 1367

§745.9071: How do I obtain a criminal history or central registry background check for an independent pre-adoptive social study?

(a) You obtain a criminal history check from the Texas Department of Public Safety and, if appropriate, the Federal Bureau of Investigation (FBI).

(b) You obtain a central registry background check from us by contacting our local branch office.

Comments

Source Note: The provisions of this §745.9071 adopted to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367

§745.9073: Whom must I interview when conducting a pre-adoptive social study?

Interviews for a pre-adoptive social study must include at least one:

(1) Individual interview with each prospective adoptive parent;

(2) Individual interview with each child four years or older living in the home either full or part time;

(3) Individual interview with any other person living full or part time with the family;

(4) Joint interview with the adoptive applicants;

(5) Family group interview with family members living in the home; and

(6) Interview, by telephone, in person or by letter, with any minor child 12 years old or older or adult child of the adoptive applicants not living in the home. If you cannot reach an adult child to interview, you must document your diligent efforts.

Comments

Source Note: The provisions of this §745.9073 adopted to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367

§745.9075: What must I document regarding interviews that I conduct for a pre-adoptive social study?

You must document all interviews and attempts to complete interviews. The documentation must be part of the adoptive home record and include:

(1) The dates and methods used to contact the required persons;

(2) The dates of each interview;

(3) Who was present at each interview and their relationship to the adoptive applicants; and

(4) A summary of each interview.

Comments

Source Note: The provisions of this §745.9075 adopted to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367

§745.9077: What are the requirements for visiting the home during a pre-adoptive social study?

(a) You must visit the home at least once.

(b) All members of the household must be present for the visit, unless the foster care family that is providing foster care to the child prior to the consummation of the adoption is the family that is adopting the child.

(c) You must document in the record the date, persons present, their relationship to the prospective adoptive family, and observations made during the visit.

Comments

Source Note: The provisions of this §745.9077 adopted to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367

§745.9079: What are the additional requirements for a pre-adoptive social study if adoptive applicants previously adopted a child from a child-placing agency or were previously foster parents for a child-placing agency?

(a) You must request information related to the parents? experience and performance as foster and/or adoptive parents from the child-placing agency and any background information regarding the foster home as described in §749.2447(22) of this title (relating to What information must I obtain for the foster home screening?).

(b) If provided, you must evaluate the information as part of your social study and placement decisions regarding the home. You must use the information to evaluate the family's ability to work with specific kinds of behaviors and backgrounds.

Comments

Source Note: The provisions of this §745.9079 adopted to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367

§745.9081: Must the pre-adoptive social study include information about birth parents?

You must obtain the following information about the birth parents:

(1) Their expectations for adoptive placement, if they chose placement; and

(2) The degree and type of involvement they desire with the adoptive family.

Comments

Source Note: The provisions of this §745.9081 adopted to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367

§745.9083: How do I obtain information about the birth parents?

If you are conducting an independent pre-adoptive social study, you must make a diligent effort to obtain the information from the birth parents unless their parental rights have been terminated. Document in the pre-adoptive social study all your efforts to obtain the information. If appropriate, include reasons why you could not obtain the information.

Comments

Source Note: The provisions of this §745.9083 adopted to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367

§745.9085: What happens if a child is not placed with the adoptive applicants within six months after the pre-adoptive social study has been completed?

For a child not placed with the adoptive applicants within six months after the completion of the adoptive social study, it is recommended that an updated social study be completed within the 30-day period before a child is placed in the home. The court that is hearing the adoption suit should make the final decision on whether an update is required.

Comments

Source Note: The provisions of this §745.9085 adopted to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367

§745.9087: Must I complete a pre-adoptive social study update if the prospective adoptive parents plan to adopt another child?

Yes. If prospective adoptive parents plan to adopt another child, either in addition to or instead of the child for whom the social study was done, you must complete a written pre-adoptive social study update.

Comments

Source Note: The provisions of this §745.9087 adopted to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367

§745.9089: What information must an update of the pre-adoptive social study include?

It must include:

(1) A review and any necessary updating of each category of information in the pre-adoptive social study (See §745.9069 of this title (relating to What information must be included in the pre-adoptive social study?)); and

(2) Documentation of at least one visit to the adoptive home, including who was present during the visit. This visit should be within the 30-day period before a child is placed in the home.

Comments

Source Note: The provisions of this §745.9089 adopted to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367

§745.9090: Can the pre-adoptive social study and post-placement adoptive social study and report be combined?

Yes. In a suit filed after the child is placed in the prospective adoptive home, the pre-adoptive social study and post-placement adoptive social study and report may be combined in a single study. However, the combined study must be completed after the child is placed in the home, and the combined study must meet the requirements of this subchapter for both studies.

Comments

Source Note: The provisions of this §745.9090 adopted to be effective March 1, 2008, 33 TexReg 1367

Division 4

§745.9091: When must I conduct a post-placement adoptive social study and report?

You must conduct the interviews for a post-placement adoptive social study and report after the child has resided with the prospective adoptive parent or conservator for at least five months, unless otherwise directed by the court. However, you may start the post-placement adoptive social study and report, such as the gathering of written information, after the placement of the child.

Comments

Source Note: The provisions of this §745.9091 adopted to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367

§745.9092: What issues must an interview for a post-placement adoptive social study and report address?

Each interview must focus on the adjustment of the family and the child following the placement of the child. You must also address any items required by §745.9061 of this title (relating to What is a pre-adoptive social study?) and §745.9069 of this title (relating to What information must be included in the pre-adoptive social study?) that have not been adequately addressed.

Comments

Source Note: The provisions of this §745.9092 adopted to be effective March 1, 2008, 33 TexReg 1367

§745.9093: How do I obtain a criminal history or central registry background check for an independent post-placement adoptive social study and report?

(a) You obtain a criminal history check from the Texas Department of Public Safety and, if appropriate, the Federal Bureau of Investigation (FBI).

(b) You obtain a central registry background check from us by contacting our local branch office.

Comments

Source Note: The provisions of this §745.9093 adopted to be effective March 1, 2008, 33 TexReg 1367

§745.9094: Whom must I interview when conducting a post-placement adoptive social study and report?

Interviews for a post-placement adoptive social study and report must include at least one:

(1) Individual interview with each prospective adoptive parent;

(2) Individual interview with each child four years or older living full- or part-time in the home;

(3) Individual interview with any other person living full- or part-time in the home;

(4) Joint interview with the adoptive applicants;

(5) Family group interview with family members living in the home; and

(6) Interview, by telephone, in person or by letter, with any minor child 12 years old or older or adult child of the adoptive applicants not living in the home. If you cannot reach an adult child to interview, you must document your diligent efforts.

Comments

Source Note: The provisions of this §745.9094 adopted to be effective March 1, 2008, 33 TexReg 1367

§745.9095: What must I document regarding interviews that I conduct for a post-placement adoptive social study and report?

You must document all interviews and attempts to complete interviews. The documentation must be part of the adoptive home record and include:

(1) The dates and methods used to contact the required persons;

(2) The date of each interview;

(3) Who was present at each interview and their relationship to the adoptive applicants; and

(4) A summary of each interview.

Comments

Source Note: The provisions of this §745.9095 adopted to be effective March 1, 2008, 33 TexReg 1367

§745.9096: What are the requirements for visiting the home during a post-placement adoptive social study and report?

(a) You must visit the home at least once.

(b) All members of the household must be present for the visit, unless the foster care family that is providing foster care to the child prior to the consummation of the adoption is the family that is adopting the child.

(c) You must document in the record the date, persons present, their relationship to the prospective adoptive family, and observations made during the visit.

Comments

Source Note: The provisions of this §745.9096 adopted to be effective March 1, 2008, 33 TexReg 1367

§745.9097: What information must the post-placement adoptive social study and report include?

(a) It must include the following documented information:

(1) A summary of all assessments and available information about the child who is the subject of a petition for adoption, including:

(A) Health history, social history, educational history, genetic and family history, and other information required by the Texas Family Code, §162.005 and §162.007;

(B) History of physical, sexual, or emotional abuse experienced by the child;

(C) History of any previous placements, including the date and reasons for placement;

(D) The child's understanding of adoptive placement or conservatorship; and

(E) The child's legal status;

(2) A summary of all assessments, interviews, and available information about the prospective adoptive parents including:

(A) The pre-adoptive social study (see §745.9061 of this title (relating to What is a pre-adoptive social study?) and §745.9069 of this title (relating to What information must be included in the pre-adoptive social study?));

(B) The birth parents' expectations for adoptive placement and further involvement (see §745.9081 of this title (relating to Must the pre-adoptive social study include information about birth parents?));

(C) Individual strengths and weaknesses of the adoptive parents;

(D) Observations made relative to the family's interactions with each other;

(E) Interviews of persons specified in §745.9073 of this title (relating to Whom must I interview when conducting a pre-adoptive social study?) and §745.9094 of this title (relating to Whom must I interview when conducting a post-placement adoptive social study and report?); and

(F) Visits to the home (see §745.9077 of this title (relating to What are the requirements for visiting the home during a pre-adoptive social study?) and §745.9096 of this title (relating to What are the requirements for visiting the home during a post-placement adoptive social study and report?));

(3) An evaluation of the child's present or prospective physical, intellectual, social, and psychological functioning and needs, and whether the environment will meet those needs;

(4) A summary of the adjustment of the family and child in the home during the six-month placement period, if appropriate;

(5) Sources of information and verification, to the extent possible, of all statements of fact pertinent to the report;

(6) The basis for your conclusions or recommendations; and

(7) The names and the qualifications of all persons involved in the preparation and evaluation of the report.

(b) All persons involved in the preparation and evaluation of the social study must sign the report.

Comments

Source Note: The provisions of this §745.9097 adopted to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367

Division 5

§745.9100: Whom must I contact with a complaint about how an independent social study was conducted?

You, or if applicable your attorney, must contact the court that ordered the social study. You may also contact the board that licenses the person who conducted the social study, and/or you may contact us. Before conducting the social study, the person must give you telephone numbers for other entities where it is appropriate to file complaints, which must also be included in the social study.

Comments

Source Note: The provisions of this §745.9100 adopted to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367

Subchapter P

§745.9101: How does this subchapter relate to other Licensing chapters?

This subchapter is cross-referenced in Chapter 746 of this title (relating to Minimum Standards for Child-Care Centers) and Chapter 747 of this title (relating to Minimum Standards for Child-Care Homes).

Comments

Source Note: The provisions of this §745.9101 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9103: What words must I know to understand this subchapter?

The following words have the following meanings when used in this subchapter:

(1) Day care administrator's credential - A credential that we recognize as meeting qualifications for a child-care center director or primary caregiver of a licensed home. Qualifications for a center director can be found in Chapter 746 of this title (relating to Minimum Standards for Child-Care Centers). Qualifications for a primary caregiver of a licensed home are specified in Chapter 747 of this title (relating to Minimum Standards for Child-Care Homes).

(2) I, my, you, and your - The professional organization or educational institution sponsoring a day care administrator's credential.

(3) Credential program - The program a person must complete to receive a day care administrator's credential.

Comments

Source Note: The provisions of this §745.9103 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9105: When will Licensing recognize my day care administrator's credential?

We will recognize your day care administrator's credential when you demonstrate that your credential program meets specific criteria.

Comments

Source Note: The provisions of this §745.9105 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9107: What criteria must my credential program meet before Licensing will recognize my day care administrator's credential?

We may recognize your day care administrator's credential if you can demonstrate the following:

(1) How you will ensure the continuity of your credential program;

(2) How you will assess and select candidates for the credential program;

(3) That a person must acquire competencies in administering a day care program to complete the credential program;

(4) How you assess satisfactory completion of the credential program;

(5) How the participant maintains the credential after acquiring it; and

(6) When you will deny or revoke a credential or otherwise reprimand a credential holder.

Comments

Source Note: The provisions of this §745.9107 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9109: What must I submit to Licensing to demonstrate how I will ensure the continuity of my credential program?

To demonstrate how you will ensure the continuity of your credential program, you must provide the following:

(1) A statement of your mission or purpose, your number of years in existence, and a description of your target audience;

(2) A description of the organizational structure of your credential program and your experience or track record in related fields;

(3) A statement of training outcomes and competencies participants will attain from the training; and

(4) A statement of your plan for communicating with us, credential candidates, and credential holders, including your system for maintaining a database or keeping records of the following for at least three years:

(A) Candidate applications for the credential program;

(B) Names and social security numbers of persons granted a credential;

(C) Effective dates and renewal dates for persons granted a credential; and

(D) Adverse actions against persons granted a credential.

Comments

Source Note: The provisions of this §745.9109 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9111: How do I demonstrate my method for assessing and selecting candidates for my credential program?

To demonstrate your method for assessing and selecting candidates for your credential program, you must show us the following:

(1) Specific training and/or education requirements required to enter the program;

(2) Specific work experience, skills, and knowledge required to enter the program;

(3) Policy regarding fees and fee refunds, if fees are collected;

(4) Copy of the application;

(5) A copy of the agreement specifying obligations of both the organization and the participant; and

(6) A statement of any minimum and maximum timeframes for obtaining the credential.

Comments

Source Note: The provisions of this §745.9111 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9113: How do I demonstrate that someone must acquire competencies in administering a day care program to complete my credential program?

To demonstrate that someone must acquire competencies in administering a day care program to complete your credential program, you must provide the following:

(1) A description of the knowledge and skills that you have identified as necessary for obtaining a credential. For example, the ability to articulate expectations of staff, and the knowledge and ability to supervise and evaluate the performance of staff and develop a staff development plan;

(2) An outline of the program content and learning objectives, which must include at least the following:

(A) Child development concepts as specified in this subchapter;

(B) Business management concepts as specified this subchapter; and

(C) Work or practical experience in the child-care field;

(3) Examples showing how the program content utilizes effective instruction methods and materials that take into account individual experiences, educational levels, and learning styles that challenge and involve participants;

(4) A plan for updating the program content to reflect the latest knowledge and best practices in the child-care industry; and

(5) A list of qualifications for instructors, including relevant education and experience in child care, training adults, assessing performance, and oral and written communication.

Comments

Source Note: The provisions of this §745.9113 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9115: How do I demonstrate my criteria for assessing satisfactory completion of the program?

To demonstrate your criteria for assessing satisfactory completion of the program, you must demonstrate the following:

(1) A statement of the passing level of performance and copy of the assessment tool used for this process; and

(2) A copy of the credential including name, address, and telephone number of the organization, effective date of the credential, and a statement of how long the credential is valid.

Comments

Source Note: The provisions of this §745.9115 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9117: How do I demonstrate the way in which a participant must maintain his credential?

To demonstrate how a participant must maintain his credential, you must provide the following:

(1) Requirements for renewal of the credential, including training topics and hours, work experience if required, renewal process, and renewal fees, if any;

(2) Plan for communicating updates to persons holding a credential; and

(3) Plan for assessment and update of performance standards.

Comments

Source Note: The provisions of this §745.9117 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9119: How do I demonstrate my criteria for revoking or denying a credential or otherwise reprimanding a credential holder?

To demonstrate your criteria for revoking or denying a credential or otherwise reprimanding a credential holder, you must provide us with the following:

(1) A clear statement of the basis for revocation or denial of the credential;

(2) A clear statement of the basis for a reprimand and the resulting consequences;

(3) A list of any other negative sanctions, basis for the sanctions, the resulting consequences, and procedures for removal of the sanction;

(4) A plan for notifying us when a negative sanction is imposed; and

(5) A clear statement of the credential holder's right to review and procedures for requesting this from you.

Comments

Source Note: The provisions of this §745.9119 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9121: How do I obtain Licensing's approval of my credential program?

To obtain our approval of your credential program, you must send a written request for recognition along with the necessary information about you and your credentialing procedures. You must send this to the Director of Licensing, Mail Code E-550, Texas Department of Protective and Regulatory Services, P.O. Box 149030, Austin, Texas 78714.

Comments

Source Note: The provisions of this §745.9121 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9123: What will Licensing do with my request for approval of my credential program?

The Director of Licensing or designee reads and evaluates the information submitted to meet the criteria specified in this subchapter. If she gives your request for recognition a score of at least 95 points out of a possible 100 points, we will approve your program.

Comments

Source Note: The provisions of this §745.9123 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9125: What if my request does not score 95 points for the required criteria?

If your request for recognition does not score 95 points, we will send you a written response explaining what additional information we would need to recognize your program.

Comments

Source Note: The provisions of this §745.9125 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9127: How will I prove that Licensing recognizes my credential program?

We will send you a two-year Certificate of Recognition. We also place your name and contact information on the list of organizations that can grant credentials. The list is available on the PRS Internet website www.tdprs.state.tx.us or through us. We update the list regularly.

Comments

Source Note: The provisions of this §745.9127 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9129: Can I begin my credential program before Licensing issues my certificate of recognition?

You may begin to provide training at any time, although we will not recognize a credential that you issue until we have issued you a certificate of recognition for your program.

Comments

Source Note: The provisions of this §745.9129 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9131: What learning objectives must my program's curriculum include?

Your program's curriculum must cover child-development and business-management concepts.

Comments

Source Note: The provisions of this §745.9131 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9133: What learning objectives must the child-development portion of my curriculum include?

The child-development portion of your curriculum must address the learning objectives in this chart:

Attached Graphic

Comments

Source Note: The provisions of this §745.9133 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9135: What learning objectives must the business-management portion of my curriculum include?

The business-management portion of your curriculum must address the learning objectives in this chart:

Attached Graphic

Comments

Source Note: The provisions of this §745.9135 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9137: What must I do to maintain the Licensing Certificate of Recognition?

To maintain your certificate of recognition, you must:

(1) Maintain records specified in this subchapter;

(2) Follow the plan under which you received recognition;

(3) Survey all credential holders once every two years for a report of their compliance with our minimum standards;

(4) Follow up with credential holders who do not indicate substantial compliance with our minimum standards by offering remedial training or review of relevant topics that may assist the credential holder in achieving compliance with minimum standards;

(5) Document survey and follow up with credential holders;

(6) Ensure each program instructor and administrator obtains from training sources outside of your credential program:

(A) Ten clock hours of annual training in child growth and development, early childhood education, or related areas; and

(B) Ten clock hours in management or related areas; and

(7) Document training with original certificates, including the name of the participant, training topic, name of the instructor and telephone number, date of the training, and number of training hours stated in contact hours or CEUs.

Comments

Source Note: The provisions of this §745.9137 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9139: What steps must I take to renew my Certificate of Recognition?

You must submit a written request to the Director of Licensing for renewal of your certificate of recognition 30 days before the certificate will expire. The written request must include:

(1) Original certificates of documentation of training as specified in Chapter 746 of this title (relating to Minimum Standards for Child-Care Centers) and Chapter 747 of this title (relating to Minimum Standards for Child-Care Homes) for each program instructor and administrator;

(2) Updates to original program materials as required by any change in our rules or through advances in the child-care industry, child growth and development, and children's safety and health;

(3) The number of credentials you have awarded and renewed in the previous two years; and

(4) The numbers and types of sanctions you have issued in the previous two years.

Comments

Source Note: The provisions of this §745.9139 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9141: How long will my Certificate of Recognition be valid?

Your Certificate of Recognition is valid for two years if you can demonstrate that you have complied with the criteria specified in this subchapter.

Comments

Source Note: The provisions of this §745.9141 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9143: Will Licensing assess my credential program?

We may periodically assess whether your credential program complies with the criteria in this subchapter and your credential plan by:

(1) Observing training, assessment activities, or remedial activities;

(2) Requesting a current list of credential holders and evaluating compliance with minimum standards at operations administered by a credential holder;

(3) Auditing credential holders for proof of compliance with your renewal requirements; and

(4) Auditing candidate applications to determine compliance with the approved credential plan.

Comments

Source Note: The provisions of this §745.9143 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9145: Will Licensing notify me before assessing my program?

No, but we will notify you of the results of our assessment, including any deficiencies that we identify.

Comments

Source Note: The provisions of this §745.9145 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9147: Will I have an opportunity to correct any deficiencies that Licensing identifies?

Yes. You will have an opportunity to correct any deficiencies we identify. The time given to correct a deficiency will vary depending on the seriousness of the deficiency and the amount of time and expense needed to correct it.

Comments

Source Note: The provisions of this §745.9147 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9149: What happens when my opportunity to correct deficiencies passes before I correct them?

If we determine deficiencies continue after your opportunity to comply expires, we will place your organization on probation for a stated period of time not to exceed one year. We will notify you of the corrections needed. You must develop and submit a corrective action plan for our approval. We will continue to recognize your credentials during the probation period.

Comments

Source Note: The provisions of this §745.9149 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9151: What are my rights if I disagree with Licensing imposing probation on my organization?

You have the right to request an administrative review as specified in Subchapter M of this chapter (relating to Administrative Reviews and Due Process Hearings).

Comments

Source Note: The provisions of this §745.9151 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9153: What happens at the end of the probation period?

At the end of the probation period, we will evaluate the conditions of probation and reinstate, renew, or revoke the Certificate of Recognition.

Comments

Source Note: The provisions of this §745.9153 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9155: Does Licensing charge fees for the application, recognition approval, and renewal process?

No. We do not charge fees for this process.

Comments

Source Note: The provisions of this §745.9155 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9157: If I currently hold a Certificate of Recognition, when will I have to meet the criteria specified in this subchapter?

If you hold a Certificate of Recognition on September 1, 2003, you must re-apply for approval by submitting all required information specified in this subchapter no later than six months from September 1, 2003. You must include a plan for transition with your request. You must achieve a score of 95 points or more before we can grant you a Certificate of Recognition. You may continue to offer credentials during the six months period.

Comments

Source Note: The provisions of this §745.9157 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9159: What if my application materials do not comply within this period?

If you have not complied with the criteria specified in this subchapter within the six-month period, we will not recognize credentials issued by your program until you comply with all criteria and we issue a Certificate of Recognition.

Comments

Source Note: The provisions of this §745.9159 adopted to be effective September 1, 2003, 28 TexReg 1400

§745.9161: How many chances do I have to submit all of the required information?

You have three times to submit all required material. If we return your application as incomplete three times, you may not apply again until one year from the date that we returned your last application as incomplete.

Comments

Source Note: The provisions of this §745.9161 adopted to be effective September 1, 2003, 28 TexReg 1400