Revisions
24-1, Updates to Sections 1000, 2000, 3000, 4000, 5000, 8000, 9000, 10000 and Definitions of Terms
Revision 24-1; Effective Feb. 20, 2024
The following changes(s) were made:
Revised | Title | Change |
---|---|---|
All Sections | Updates Licensing to CCR. | |
1420 | Using Photographs and Video as a Regulatory Tool | Updates reference. |
2280 | State-Operated Facilities Exempt from Licensure | Updates reference. |
3424.1 | Results of Background Checks | Updates reference. |
3520 | Renewing an Initial License | Specifies that an operation may only be in initial license status for a maximum of one year. Clarifies language and updates a reference. |
3521 | Required Approvals Before Renewing an Initial License | Changes title to Consultation Before Renewing an Initial License. Clarifies the time frame for an inspector to consult with the supervisor before renewing an initial license or recommending denial. |
3531 | Time Frame for Issuing a Full License | Updates reference. |
3531.1 | Criteria for Issuing a Full License When an Operation Has an Initial License | Updates reference. |
3531.2 | Required Approvals Before Issuing a Full License When an Operation has a Renewed Initial License | Clarifies the time frame for the inspector to consult with the supervisor to determine whether to issue full or recommend denial. |
3924 | Processing the Permit Renewal Application | Updates reference. |
4123 | Follow-Up Inspections | Updates reference. |
4130 | Minimum Requirements for Monitoring Inspections | Updates reference. |
4143 | Conducting an Extended Compliance History Review (RCCR Only) | Updates language for conducting an Extended Compliance History Review. |
4143.2 | Documenting an Extended Compliance History Review | Updates language for documenting an Extended Compliance History Review. |
4143.21 | Supervisor Oversight of Extended Compliance History Review Documentation | Adds new section. Clarifies how supervisors provide oversight of Extended Compliance History Reviews. |
4143.22 | Documenting Supervisory Approval of an Extended Compliance History Review for an Inspection of a Foster Home | Adds new section. Clarifies how supervisors document approval of certain Extended Compliance History Reviews. |
4152.1 | Reviewing Restrictions, Conditions, Waivers, and Variances | Updates reference. |
4152.2 | When an Operation Repeatedly Fails to Meet Restrictions or Conditions | Updates reference. |
4152.3 | Discussing Waivers and Variances | Updates reference. |
4161.2 | Documenting Inspection Results on CLASS Form 2936 | Updates reference. |
4170 | Conducting the Exit Conference | Updates reference. |
4171 | Discussing the Results of the Inspection | Updates reference. |
4173 | Posting the Day Care Inspection Form or Assessment Form | Updates reference. |
4320 | Following Up with an Inspection | Updates reference. |
4330 | Following Up Without an Inspection | Corrects reference. |
4450 | Agency Home Closures | Updates title to Foster Family Home Closure Recommendations. Updates language. |
4451 | Assessing an Agency Home for Closure | Updates title to Foster Family Home Closure Recommendations. Updates language. |
4451.1 | Agency Home Compliance History Considerations | Updates title to Foster Family Home Compliance History Considerations. Updates language. |
4452 | Recommending an Agency Home for Closure | Updates title to Recommending a Foster Family Home for Closure and Documenting the Closure Recommendation in CLASS. Updates language. |
4453 | Closure of Agency Home Meeting | Deletes section. Incorporates information in 4452. |
4454 | Notifying a CPA of an Agency Home Closure | Renumbers section 4454 to 4453. Updates title to Notifying a CPA of an Approved Closure Recommendation and Documenting the CPA’s Response in CLASS. Updates language. |
4454 | Inspecting a CPA after Sending Notification of an Approved Closure Recommendation | Adds section. |
4453.1 | Documenting the Relinquishment Reason in CLASS | Adds section. |
4511 | Options on the Enforcement Recommendation Page in CLASS | Updates reference. |
5100 | Waivers and Variances | Updates section based on updates to TAC Title 26, Chapter 745, Subchapter J, effective October 2023. Removes repeated information. |
5110 | Submitting a Waiver or Variance Request | Updates title to Receiving a Waiver or Variance Request. Changes the focus to CCR expectations when a request is received. |
5120 | Decision Guidelines for Granting Waivers or Variances | Updates title to Decision Guidelines for Recommending to Grant or Deny a Waiver or Variance. Updates guidelines. Adds considerations for foster homes to align with new Chapter 745 rules. |
5121 | Waiver or Variance Request for a Minimum Standard with Requirements in Federal or State Law | Add a new section with information from Section 5120. Clarifies CCR cannot waive or vary a standard that is in state or federal law except for HRC Section 42.042(e-5). |
5130 | Establishing and Monitoring Conditions for the Waiver or Variance | Updates title to Conditions and Time Frames for the Waiver or Variance. Clarifies the CCR inspector enters the conditions and time frames for approved waivers and variances. |
5131 | Establishing Conditions | Updates title to Establishing Conditions for a Granted Waiver or Variance. Clarifies details the inspector includes in the conditions. |
5132 | Evaluating Conditions | Updates title to Waiver and Variance Expiration Time Frame. Clarifies what the inspector considers when setting time frames for a waiver or variance. |
5140 | Processing a Waiver or Variance Request | Updates title to Time Frames for Processing a Waiver or Variance Request. Adds a chart outlining the timeframes for processing requests. |
5141 | Recommending and Documenting the Waiver or Variance Decision | Updates title to Documenting the Waiver or Variance Decision in CLASS. |
5141.1 | Entering the Request in CLASS | Adds procedure for staff if operation submits a waiver or variance request online. |
5141.2 | Recommending and Documenting an Approval | Updates title to Recommending, Documenting, and Granting a Waiver or Variance. Clarifies the inspector enters the recommendation in CLASS to grant a request. |
5141.3 | Recommending and Documenting a Denial | Updates title to Recommending and Documenting Denial of a Waiver or Variance. Clarifies the inspector enters the recommendation in CLASS to deny a request. |
5141.4 | Supervisor's Review of the Waiver or Variance Request | Clarifies the supervisor considers the same factors as the inspector when recommending granting a request. |
5141.5 | Duplicate Requests | Updates title to Denying a Duplicate Waiver or Variance Request. |
5142 | Notifying Provider of Waiver or Variance Decision | Updates title to Notifying the Operation of Waiver or Variance Decision. Adds more detailed information on what the inspector does when notifying operation of a decision. |
5143 | Updating Administrative Review | Clarifies the inspector is responsible for updating CLASS. |
5144 | Documenting Outcomes for Waivers and Variances | Deletes section. Moves and updates content in new section 5190. |
5150 | Renewing a Waiver or Variance | Updates title to When an Operation Disagrees with Conditions or the Expiration Date on the Waiver or Variance. Moves content to section 5170. Adds new policy outlining an operation may contact the CCR supervisor or request an administrative review if the operation disagrees with the conditions, or the expiration date of a granted waiver or variance. |
5151 | Operation Contacts the Supervisor to Address Concerns with Conditions or Expiration Date on the Waiver or Variance | Adds new section. Includes procedures for CCR when an operation contacts the supervisor about concerns with conditions or expiration date of a waiver or variance. |
5160 | Review of Conditions or Denied/Revoked Request for a Waiver or Variance | Updates title to Evaluating the Conditions of a Waiver or Variance. Content focuses on evaluating waiver and variance conditions during inspections and outside of inspections. |
5170 | Rescinding or Amending a Waiver or Variance | Updates title to Renewing a Waiver or Variance. Incorporates information from Section 5150. Adds a time frame for an operation to submit request at least 35 days before expiration date of current waiver or variance. |
5180 | Revoking a Waiver or Variance | Adds new section. Moves and updates content from section 5170. Clarifies when CCR may revoke a waiver or variance. Adds note that rule uses term revoke and CLASS uses rescind. |
5181 | Amending Conditions of a Waiver or Variance | Adds new section. Incorporates information from 5170. Clarifies reasons CCR may amend conditions. |
5190 | Documenting Outcomes for Waiver or Variance | Adds new section. Includes information from 5144. Specifies the inspector responsible for documenting outline. Adds procedure if the operation requests to renew the waiver or variance. |
5600 | Administrative Reviews | Updates language throughout section to reflect Regulatory Enforcement is responsible for administrative reviews of CCR decisions and actions. |
5610 | The Right to an Administrative Review | Updates title to When an Individual or Operation May Request an Administrative Review. Updates language. |
5611 | When an Operation is Entitled to an Administrative Review | Updates title to Explaining the Right to an Administrative Review. Moves content from 5613. Updates language. |
5612 | When an Individual is Entitled to an Administrative Review | Updates title to Waiving the Right to an Administrative Review. Moves content from 5614. Updates language. |
5613 | Explaining the Right to an Administrative Review | Updates title to Updating the Administrative Review Status of a CCR Decision or Action in CLASS. Clarifies when CCR, Child Care Enforcement, or Credentialing and Registry Enforcement update CLASS. |
5614 | Waiving the Right to an Administrative Review | Updates title to Receiving a Request for an Administrative Review. Moves content from 5616 and updates language. |
5615 | Roles for Conducting an Administrative Review | Updates title to When a CCR, CCE, or CARE Decision or Action Takes Effect. Adds new content about when the regulatory decision takes effect once an administrative review is waived or once CCE or CARE upholds, amends, or overturns the decision. |
5616 | Receiving a Request for an Administrative Review | Deletes section. Moves content to 5614. |
5616.1 | Determining Whether a Request for an Administrative Review Meets the Due Date | Deletes section. |
5616.11 | When the Request for an Administrative Review Meets the Due Date | Deletes section. |
5616.12 | When the Request for an Administrative Review Does Not Meet the Due Date | Deletes section. |
5616.2 | Determining Whether a Request for an Administrative Review is Complete | Deletes section. |
5616.21 | When a Request for an Administrative Review is Complete | Deletes section. |
5616.22 | When a Request for an Administrative Review is Incomplete | Deletes section. |
5616.3 | Determining Whether the Information Missing From a Request for an Administrative Review is Received by the Due Date | Deletes section. |
5616.31 | When the Information Missing From a Request for an Administrative Review is Received by the Due Date | Deletes section. |
5616.32 | When the Information Missing From a Request for an Administrative Review is Not Received by the Due Date | Deletes section. |
5617 | Initiating Contact with the Requestor of an Administrative Review | Deletes section. |
5617.1 | Scheduling an Administrative Review Conference | Deletes section. |
5617.2 | Documenting the Initial Contact with the Requestor in CLASS | Deletes section. |
5618 | Conducting an Administrative Review Conference | Deletes section. |
5618.1 | If the Requester Waives the Right to the Administrative Review Conference | Deletes section. |
5619 | Determining the Outcome of an Administrative Review | Deletes section. |
5619.1 | Overturning Citations for Abuse, Neglect or Exploitation | Deletes section. |
5619.2 | Documenting the Outcome of an Administrative Review in CLASS | Deletes section. |
5619.3 | Amending an Action or Decision as the Result of an Administrative Review | Deletes section. |
5620 | Notifying a Requestor About the Outcome of an Administrative Review | Deletes section. |
5620.1 | Notifying an Operation of the Outcome of the Administrative Review | Deletes section. |
5620.2 | Notifying an Individual of the Outcome of the Administrative Review | Deletes section. |
5621 | Notifying DFPS of an Overturned Citation for Abuse, Neglect or Exploitation | Deletes section. |
6710 | Documentation in CLASS | Updates references. |
6820 | Actions to Take Following the Investigation of a Regulated Operation | Updates reference. |
6940.13 | When to Cite the Operation for an Interim Investigation Violation | Updates references. |
6971 | Reviewing a Citation for Abuse, Neglect or Exploitation When a DFPS Finding is Overturned | Updates reference. |
7100 | Overview of Voluntary Actions and Enforcement Actions | Updates language. |
7110 | Circumstances That May Call for Enforcement Action | Updates language. |
7120 | Notifying an Operation When Licensing Takes Enforcement Action | Deletes section. |
7200 | Reserved for Future Use | Updates section title to Overview of CCR and Regulatory Enforcement Staff Responsibilities Related to Non-Voluntary Enforcement Actions. Adds language. |
7210 | Reserved for Future Use | Updates section title to Referring Enforcement Decisions to Child Care Enforcement or Credentialing and Registry Enforcement. Adds language. |
7300 | Voluntary Enforcement Action | Updates title to Plan of Action. Incorporates information from 7350. |
7310 | Reserved for Future Use | Deletes section. |
7316.5 | Documenting the End to a Plan of Action in CLASS | Adds section. |
7320 | Reserved for Future Use | Deletes section. |
7330 | Reserved for Future Use | Deletes section. |
7331 | Reserved for Future Use | Deletes section. |
7332 | Reserved for Future Use | Deletes section. |
7333 | Reserved for Future Use | Deletes section. |
7334 | Reserved for Future Use | Deletes section. |
7340 | Reserved for Future Use | Deletes section. |
7341 | Reserved for Future Use | Deletes section. |
7342 | Reserved for Future Use | Deletes section. |
7343 | Reserved for Future Use | Deletes section. |
7344 | Reserved for Future Use | Deletes section. |
7350 | Plan of Action | Renumbers section to 7300. |
7351 | Criteria for Recommending a Plan of Action | Renumbers section to 7310. Updates language. |
7352 | Staffing and Initiating a Plan of Action | Renumbers section to 7311. Updates language. |
7352.1 | If the Operation Agrees to Participate in a Plan of Action | Renumbers section to 7311.1. Updates language. |
7352.2 | If the Operation Does Not Agree to Participate in a Plan of Action | Renumbers section to 7311.2 and updates language. |
7353 | Meeting with an Operation to Review a Plan of Action | Renumbers section to 7312. Updates language. |
7353.1 | When Licensing and Operation Agree on a Proposed Plan of Action | Renumbers section to 7312.1. Updates language. |
7353.2 | When Licensing and Operation Cannot Agree on a Proposed Plan of Action | Renumbers section to 7312.2. Updates language. |
7354 | Documenting the Plan of Action in CLASS | Renumbers section to 7313 and updates language. |
7355 | Starting a Plan of Action | Renumbers section to 7314 and updates language. |
7356 | Inspecting an Operation During a Plan of Action | Renumbers section to 7315 and updates language. |
7357 | Ending a Plan of Action | Renumbers section to 7316. |
7357.1 | Staffing Before a Plan of Action Ends | Renumbers section to 7316.1 and updates language. |
7357.2 | Plan of Action Time Frames and Ending a Plan of Action Early | Renumbers section to 7316.2 and updates language. |
7357.3 | Ending a Plan of Action When Compliance Has Been Established and Maintained | Renumbers section to 7316.3 and updates language. |
7357.4 | Modifying or Ending a Plan of Action When Compliance Has Not Been Established | Renumbers section to 7316.4 and updates language. |
7400 | Corrective Action | Updates title to Probation and updates language. |
7410 | Criteria for Imposing Corrective Action | Deletes title. |
7411 | Criteria for Imposing Evaluation | Deletes section. |
7412 | Criteria for Imposing Probation | Renumbers section to 7410. Updates language. |
7420 | Staffing a Corrective Action | Updates title to Submitting the Referral for Enforcement Action to Child Care Enforcement. Updates language. |
7421 | Documenting the Corrective Action and Creating the Corrective Action Letter in CLASS | Deletes section. |
7421.1 | Considering the Conditions for a Corrective Action | Deletes section. |
7421.2 | Documenting Supervisory Approval of a Corrective Action | Deletes section. |
7421.3 | Creating the Corrective Action Letter | Deletes section. |
7422 | Meeting with an Operation About a Corrective Action | Renumbers section to 7431. Updates title to Meeting with an Operation About Probation. Updates language. |
7422.1 | Required Participants When Meeting with an Operation About a Corrective Action | Renumbers section to 7432, updates title to Reviewing Probation Conditions. Updates language. |
7422.2 | Topics Covered When Meeting with an Operation About a Corrective Action | Deletes section. |
7422.3 | Finalizing the Corrective Action Letter | Deletes section. |
7422.4 | Documenting the Corrective Action Plan Meeting | Deletes section. |
7423 | Requesting or Waiving the Right to an Administrative Review of a Corrective Action | Renumbers section to 7433. Updates title to Requesting or Waiving the Right to an Administrative Review of Probation and updates language. |
7424 | Starting a Corrective Action | Renumbers section to 7440, updates title to Starting Probation and updates language. |
7425 | Inspecting an Operation During a Corrective Action | Renumbers section to 7441, updates title to Inspecting an Operation During Probation. Updates language. |
7426 | Conducting Surveillance During Corrective Action | Renumbers section to 7442. Updates language. |
7427 | Staffings During Corrective Action | Renumbers section to 7443 updates title to Consultations During Probation. Updates language. |
7428 | Ending Corrective Action | Renumbers section to 7450. Updates title to Ending Probation. Updates language. |
7428.1 | Ending a Corrective Action When Compliance Has Been Established | Renumbers section to 7450.1. Updates title to Ending Probation When Compliance Has Been Established and updates language. |
7428.2 | Modifying or Ending a Corrective Action When Compliance Has Not Been Established | Renumbers section to 7450.2. Updates title to Ending Probation When Compliance Has Not Been Established and updates language. |
7428.3 | Following Up After Ending a Corrective Action | Renumbers section to 7460. Updates title to Following Up After Ending Probation and updates language. |
7430 | Decision to Impose Probation | Adds section. |
7430.1 | When CCE Requests Additional Information from CCR After the Referral for Enforcement Action is Submitted (Probation) | Adds section. |
7520 | Assessing the Need for an Administrative Penalty | Updates reference. |
7600 | Adverse Actions | Updates language. |
7610 | Defining Adverse Action | Updates language. |
7620 | Criteria for Taking Adverse Action | Updates language. |
7621 | Criteria for Imposing a Denial | Updates language. |
7622 | Criteria for Imposing an Adverse Amendment | Updates language. |
7623 | Criteria for Imposing an Involuntary Suspension | Updates language. |
7624 | Criteria for Imposing a Revocation | Updates language. |
7625 | Criteria for Refusing to Renew Permit | Adds section. |
7626 | Operating Pending Appeal of Adverse Action | Adds section. Incorporates information from 7600. |
7630 | Taking Adverse Action | Updates language. |
7631 | Notice of Intent to Deny, Revoke, or Suspend | Updates title to Notice of Intent to Deny, Refuse to Renew, Revoke, or Suspend. Updates language. |
7631.1 | When Immediate Intervention Is Warranted at an Operation | Updates language. |
7631.2 | Creating the Notification of Intent Letter | Deletes section. |
7631.21 | Requirements if the Action Taken is Denial | Deletes section. |
7631.22 | Requirements When the Operation Has Been on Corrective Action or Suspension | Deletes section. |
7631.23 | Requirements if the Action Taken is Revocation or Suspension and There is Risk to the Health or Safety of Children | Renumbers section to 7631.2. Updates title to Requirements if the Action Taken is Refusal to Renew or Revocation and There is Risk to the Health or Safety of Children. Updates language. |
7631.24 | Notifying an Operation About the Requirements For Informing the Public About an Adverse Action | Deletes section. |
7631.25 | Notifying an Operation About the Right to Request an Administrative Review | Deletes section. |
7631.26 | Notifying an Operation About the Restrictions on Reapplying for a Permit | Deletes section. |
7631.27 | Notifying an Operation About Restrictions on Controlling Persons | Deletes section. |
7631.3 | Following Up on Notification Requirements for Informing the Public About an Adverse Action | Adds section. Incorporates information from 7634.24. |
7631.3 | Authorizing and Delivering the Intent to Impose Adverse Action Letter | Renumbers section to 7631.4. Updates language. |
7631.31 | When the Operation is Required to Close Immediately | Renumbers section to 7631.41. Updates language. |
7631.4 | Follow-Up After Delivery of Notice of Intent to Take Adverse Action When Operation Required to Close Immediately | Renumbers section to 7631.5. Updates language. |
7632 | Administrative Review for Adverse Action | Updates language. |
7632.1 | Adverse Action is Overturned at an Administrative Review | Updates title to When an Adverse Action is Overturned at an Administrative Review and updates language. |
7632.2 | Adverse Action is Upheld at an Administrative Review or No Administrative Review is Requested | Updates language. |
7633 | Notice of Decision to Deny, Revoke, or Suspend an Application or Permit | Updates language. |
7633.1 | Creating the Decision to Impose Adverse Action Letter | Deletes section. |
7633.11 | Enclosures Included with the Decision to Impose Adverse Action Letter | Deletes section. |
7633.12 | Requirements if There is Immediate Risk to Children | Renumbers section to 7633.1. Updates language. |
7633.13 | Right to Appeal | Deletes section. |
7633.14 | Notifying an Applicant Who is Denied or Revoked About the Restrictions on Reapplying | Deletes section. |
7633.15 | Notifying an Operation About a Controlling Person's Right to Request a Hearing | Deletes section. |
7633.16 | Failure to Close the Operation | Deletes section. |
7633.17 | Posting Requirements | Deletes section. |
7633.2 | Notifying HHSC Staff and Other State Agencies | Updates language. |
7633.3 | Updating the Operation's Status in CLASS | Updates language. |
7634 | Inspecting During the Suspension, Revocation, or Denial Process | Updates title to Inspecting During the Suspension, Refusal to Renew, Revocation, or Denial Process. Updates language. |
7635 | Sending an Operation Final Notice of Suspension, Revocation, or Denial | Updates title to Sending an Operation Final Notice of Suspension, Refusal to Renew, Revocation, or Denial. Updates language. |
7635.1 | Statements Required in the Notice of Final Adverse Action (CLASS Form 2895) | Deletes section. |
7635.2 | Additional Actions Taken by Licensing Staff When Adverse Action Is Final | Renumbers section to 7635.1, updates title Additional Actions Taken by CCR When Adverse Action is Final. Updates language. |
7636 | Follow-Up to Final Notice of Suspension, Revocation or Denial | Updates language. |
7700 | Legal Actions When an Operation Disagrees with the Actions of an Inspector | Updates language. |
7730 | Due Process Hearings | Updates language. |
7732 | When an Administrative Law Judge Issues a Final Decision on an Appeal | Updates reference. |
8210 | Confidential Information Not for Release to the Public | Updates reference. |
9700 | Remedial Action on an Administrator’s License | Updates reference. |
10100 | Why CCR Conducts Background Checks | Adds language for background check subjects who are minors. |
10111 | Overview of CCR Staff Responsibilities Related to Background Checks | Updates CBCU staff responsibilities. |
10200 | Central Registry and Out-of-State Abuse and Neglect Background Checks | Updates references. |
10210 | Reviewing Results from a Central Registry Search | Adds time frame, documentation expectations. Adds reference to CBCU Resource Guide. |
10211 | Processing Central Registry Recheck Results | Clarifies language and adds time frame expectation. |
10220 | Determining if Additional Action is Needed for Central Registry Matches | Adds reference to CBCU Resource Guide. |
10222.2 | Acting on Due Process Review | Updates references. |
10223 | Reviewing Open Investigations and DFPS Alternative Response Cases | Updates allegation types for assessing investigations and DFPS Alternative Response cases. |
10224 | Tracking Open Investigations and DFPS Alternative Response Cases for Closure | Corrects language. Adds time frame expectations. |
10225 | Ensuring Complete Central Registry Results | Clarifies processing new RTB findings form DFPS CCI Investigations. |
10230 | Acting on a Central Registry Background Check Match | Adds time frame expectations. |
10231 | Assessing the Risk of Central Registry Matches for Determination of Immediate Threat | Clarifies language. |
10232 | Requests for Determination of Immediate Threat | Updates language for determination that DIT is or is not supported by TAC. |
10232.1 | Processing an Approved Determination of Immediate Threat | Edits title to Processing a Determination of Immediate Threat. Updates language for DIT is supported by TAC. Corrects and adds Documentation expectations. |
10233 | Determining Subject’s Presence Does Not Pose Immediate Threat | Updates language for DIT is not supported by TAC. Adds Documentation expectations. |
10240 | Notifications and Due Process for Designated Perpetrators | Adds section. |
10240 | Notifying the Alleged or Designated Perpetrator of the Central Registry Background Check Results | Renumbers section to 10241. Edits title to Notifying the Designated Perpetrator of the Central Registry Background Check Results and Offering Due Process. Removes Alleged Perpetrator language. Updates language for designated perpetrator processing. Adds time frame expectations. |
10242 | Documenting Due Process in CLASS | Adds section with documentation expectations and reference to CBCU Resource Guide. |
10250 | Due Process Hearing Actions | Edits title to Responses to Due Process Offers. Adds time frame expectations. Updates language. Adds reference to CBCU Resource Guide. |
10251 | Sustained Findings in DFPS Child Protective Investigations and HHSC Provider Investigations | Updates language. Adds time frame and documentation expectations. |
10252 | Sustaining a DFPS Child Care Investigation Finding | Updates language. |
10290 | Out-of-State Abuse and Neglect Background Checks | Clarifies language. |
10291 | Requesting Out-Of-State Abuse and Neglect History Searches | Clarifies language. |
10292 | Evaluating Results from Out-of-State Abuse and Neglect History Searches | Adds time frame expectation. |
10293 | Rejecting Out-of-State Abuse and Neglect Background Check Results | Clarifies language. |
10294 | Acting on Accepted Out-of-State Abuse and Neglect Results | Clarifies language. Adds time frame, documentation and notifications expectations. Adds reference to CBCU Resource Guide. |
10294.1 | Background Check Subject Has an Out-of-State Abuse or Neglect Registry Match | Updates language, adds time frame, documentation and notifications expectations. Adds reference to CBCU Resource Guide. |
10294.2 | Background Check Subject Does Not Have an Out-of-State Abuse or Neglect Registry Match | Clarifies language. Adds time frame, documentation and notifications expectations. Adds reference to CBCU Resource Guide. |
10300 | Criminal History Background Checks | Corrects hyperlink. |
10324 | Processing Warrants | Corrects hyperlink. |
10370 | Out-of-State Criminal History Background Checks | Updates references. |
10340.21 | Actions for Determination of Immediate Threat for Juvenile Offense | Updates reference. |
10430 | Making a Risk Evaluation Decision | Updates language. |
10450 | Risk Evaluation Predictions | Updates references. |
10510.3 | Eligibility Determinations Which Include Conditions | Updates reference. |
10530 | Background Check Notifications | Adds reference to CBCU Resource Guide. |
10531 | Types of Background Check Notifications | Updates language. |
Definition of Terms | Definition of Terms | Deletes foster family home (independent) and foster group home (independent). These operation types no longer exist. |
23-4, Updates to Sections 1000, 3000, 4000, 5000, 6000, 8000, 10000, Definition of Terms, and Appendix 3000-1
Revision 23-4; Effective Nov. 30, 2023
The following changes(s) were made:
Revised | Title | Change |
---|---|---|
All Sections | Updates Licensing to CCR | |
1122 | Licensing Statutes | Edits title to Child Care Regulation Statutes and updates Title 40 reference to Title 26 to reflect transition of CCR TAC rules. |
1123 | Licensing Rules (Texas Administrative Code) | Edits title to Child Care Regulation Rules (Texas Administrative Code) and updates Title 40 references to Title 26 to reflect transition of CCR TAC rules. |
1123.1 | Chapters of Rules in the Texas Administrative Code Applicable to Child Care Licensing | Edits title to Chapters of Rules in the Texas Administrative Code Applicable to Child Care Regulation, adds table formatting, and updates Title 40 references to Title 26 to reflect transition of CCR TAC rules. |
1310 | Content and Organization of Child Care Regulation Records | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules. |
1330 | Records Retention | Corrects hyperlinks. |
3222 | How to Determine Whether the Applicant is Eligible to Apply | Adds refusal to renew as a reason an applicant would be ineligible to apply; clarifies language; and clarifies that there may be multiple partners in a partnership. |
3231 | When an Applicant Withdraws an Application | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules and adds clarifying language. |
3313.5 | Processing Controlling Person Submissions (Except Certified Operations) | Edits title to Processing Controlling Person Submissions. Clarifies only applicants for a compliance certificate do not need to submit controlling person information. |
4100 | Inspecting Child-Care Homes and Operations | Edits title to Inspecting Child Care Operations. Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules and adds clarifying language. |
4110 | The Authority to Monitor Child Care in Texas | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules and adds language for CCR authority based on rule changes to Chapter 745, Subchapter K. |
4130 | Minimum Requirements for Monitoring Inspections | Corrects reference. |
4132 | Minimum Requirements for Registered Child Care Homes | Edits title to Minimum Inspection Requirements for Registered Child Care Homes. Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules. |
4133 | Operations that are Not Regularly Inspected | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules. |
4150 | Conducting Inspections | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules and adds language based on rule changes to Chapter 745, Subchapter K. |
4150.1 | Additional Requirements for Investigation Inspections | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules and removes language regarding P3 sex offender proximity reports. |
4153 | Reviewing Records at an Operation or a Central Administrative Location | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules and adds language based on rule changes to Chapter 745, Subchapter K. |
4154.1 | Providing Technical Assistance | Adds TAC references and adds language based on rule changes to Chapter 745, Subchapter K. |
4159 | Handling Resistance or Refusal to Allow Inspection | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules and adds language based on rule changes to Chapter 745, Subchapter K. |
4159.1 | Attempted Interference by a Licensed Administrator or Applicant for an Administrator’s License | Adds new section regarding interference by a licensed administrator. |
4160 | Documenting the Results of an Inspection | Corrects reference. |
4161 | Completing CLASS Form 2936 Child-Care Facility Inspection | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules and adds language based on rule changes to Chapter 745, Subchapter K. |
4161.2 | Documenting Inspection Results on CLASS Form 2936 | Corrects reference. |
4161.22 | Limits to Documenting Names of Children | Corrects reference. |
4163 | Final Determination of Findings Left Pending During an Inspection | Deletes rules references and changes Licensing to CCR. |
4170 | Conducting the Exit Conference | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules and adds language based on rule changes to Chapter 745, Subchapter K. |
4173 | Posting the Day Care Inspection Form or Assessment Form | Corrects reference. |
4221 | Documenting an Assessment Using CLASS Form 2939 Child-Care Facility Assessment Form | Corrects reference. |
4300 | Conducting a Follow-Up with an Operation | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules, and adds language based on rule changes to Chapter 745, Subchapter K. |
4321 | Documenting a Follow-Up Completed During an Inspection Unrelated to Heightened Monitoring Activities | Updates hyperlink. |
4350 | Granting an Operation Additional Time to Comply with a Requirement Cited as a Deficiency | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules, and adds language based on rule changes to Chapter 745, Subchapter K. |
4421 | Monitoring Child-Placing Agencies | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules, adds language based on rule changes to Chapter 745, Subchapter K, and removes outdated documentation requirements. |
4430 | Random-Sample Monitoring of CPA Foster Homes | Adds TAC reference. |
4431 | Using Random-Sampling Inspections to Regulate a Child-Placing Agency | Corrects reference. |
4511 | Options on the Enforcement Recommendation Page in CLASS | Corrects references. |
4520 | Handling Immediate Danger to Children | Corrects reference. |
5143 | Updating Administrative Review | Corrects reference. |
5520.1 | Relocation Due to Damage or Renovation | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules and adds language based on rule changes to Chapter 745, Subchapter I. |
5522 | Ending the Temporary Relocation in CLASS | Adds TAC reference and adds language based on rule changes to Chapter 745, Subchapter I. |
5530 | Voluntary Suspension | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules and adds language based on rule changes to Chapter 745, Subchapter I. |
5531 | Assessing and Granting a Request for Voluntary Suspension | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules and adds language based on rule changes to Chapter 745, Subchapter I. |
5532 | Documenting the Voluntary Suspension | Adds clarifying language. |
5533 | Denying the Voluntary Suspension | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules. |
5534 | Ending the Voluntary Suspension | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules and adds language based on rule changes to Chapter 745, Subchapter I. |
5540 | Voluntary Closure | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules, adds language for sending CLASS Form 2825, and moves the steps for when an operation voluntarily closes to 5541. |
5541 | Documentation of an Operation That Has Closed | Moves language for sending CLASS Form 2825 to 5540 and adds steps for when an operation is going to voluntarily close. |
5542 | Voluntary Closure During an Investigation | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules and adds clarifying language. |
6100 | Overview of Investigations | Updates Title 40 reference to Title 26 to reflect transition of CCR TAC rules. |
6110 | Types of Investigations | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules. |
6221.5 | Searching and Linking Victim Information (Residential Child Care Only) | Adds new section for searching and linking victim information for RC investigations. |
6261 | Confidentiality of the Reporter’s Identity | Updates Title 40 reference to Title 26 to reflect transition of CCR TAC rules. |
6271.1 | Evaluating the Factual Basis of an Anonymous Intake Report | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules. |
6271.2 | Processing an Anonymous Intake Report in CLASS | Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules and changes Licensing to CCR. |
6340 | Notifying the Operation of an Investigation | Updates Title 40 reference to Title 26 to reflect transition of CCR TAC rules and adds language based on rule changes to Chapter 745, Subchapter K. |
6340.1 | Methods of Notifying the Operation | Updates Title 40 reference to Title 26 to reflect transition of CCR TAC rules and adds language based on rule changes to Chapter 745, Subchapter K. |
6340.2 | Exceptions to Notifying the Operation | Updates Title 40 reference to Title 26 to reflect transition of CCR TAC rules and adds language based on rule changes to Chapter 745, Subchapter K. |
6430 | Conducting Inspections | Updates Title 40 reference to Title 26 to reflect transition of CCR TAC rules and adds clarifying language. |
6443.4 | Obtaining Documents From the Operation | Updates Title 40 reference to Title 26 to reflect transition of CCR TAC rules and adds language based on rule changes to Chapter 745, Subchapter K. |
6461 | Obstruction by the Operation | Edits title to Interference Obstruction by the Operation. Updates Title 40 references to Title 26 to reflect transition of CCR TAC rules and adds language regarding actions CCR may take for interference. |
6537.2 | Procedures When CCR Determines an Alleged Unregulated Operation is Subject to Regulation | Corrects language. |
6630 | Notifying the Operation of the Results of an Investigation | Updates Title 40 reference to Title 26 to reflect transition of CCR TAC rules. |
6632 | Completing the Investigation Letter or Inspection Form | Updates Title 40 reference to Title 26 to reflect transition of CCR TAC rules. |
6640 | Notifying the Reporter of the Results of the Investigation | Adds TAC reference, changes Intake Persons page to Investigation Persons page, and adds language regarding the exception to notifying the reporter. |
6641 | Time Frames for Notifying the Reporter of Investigation Results | Removes TAC reference. |
6710 | Documentation in CLASS | Corrects reference. |
6731 | Searching and Validating Victim Information for New Victims Identified During an Investigation (Residential Child Care Only) | Adds new section for searching and validating victim information for RC investigations. |
6911 | HHSC Investigator Responsibilities | Edits title to HHSC Investigator Responsibilities Related to a DFPS Investigation. Adds documentation requirements for the allegation statement and risk factors. |
6940.13 | When to Cite the Operation for an Investigation Violation | Edits title to When to Cite the Operation for an Interim Investigation Violation. Adds clarifying language. |
6940.2 | Possible Deficiencies Identified at the End of the DFPS Investigation | Adds procedures for the allegation record and deficiency narrative. |
6950.1 | Documenting the Allegation Record for a DFPS Investigation | Adds new section for documenting the allegation record for a DFPS investigation. |
6991 | Citing an Operation for Operating Without a Permit | Updated reference. |
8210 | Confidential Information Not for Release to the Public | Updates Title 40 reference to Title 26 to reflect transition of CCR TAC rules and adds language based on rule changes to Chapter 745, Subchapter K. |
8220 | Confidential Information that May Be Released | Updates title to Who Can Receive Confidential Information. Updates Title 40 reference to Title 26 to reflect transition of CCR TAC rules, and adds language based on rule changes to Chapter 745, Subchapter K. |
9700 | Remedial Action on an Administrator’s License | Adds new rule references and adds clarifying language. |
9710 | Types of Actions on an Administrator’s License | Changes title to Handling Attempts to Interfere by a Licensed Administrator or Applicant for an Administrator’s License. Adds new information regarding interference by a licensed administrator. Moves existing information to 9720. |
9720 | Choosing a Remedial Action for an Administrator’s License | Changes title to Types of Actions on an Administrator’s License. Incorporates information previously in 9710. Changes language from Licensing to HHSC. Moves existing information to new section 9730. |
9730 | Choosing a Remedial Action for an Administrator’s License | Adds new section. Incorporates information previously in 9720. Changes language from Licensing to HHSC. |
10111 | Overview of CCR Staff Responsibilities Related to Background Checks | Updates notifications from CBCU staff to monitoring staff. |
10300 | Criminal History Background Checks | Corrects hyperlinks |
10320 | Acting on the Results of a Criminal History Check | Adds time frame expectations and updates language. |
10321 | Determining Appropriate Actions Based on Criminal History | Corrects hyperlinks. |
10322.1 | Documenting Results and Making the Background Check Type Eligibility Determination | Updates documentation and notifications expectation, adds reference to CBCU Resource Guide, and corrects hyperlinks. |
10323 | Processing Court Documents | Adds time frame expectations. |
10324 | Processing Warrants | Adds section. |
10330.1 | Ensuring Complete Criminal History Results | Adds reference to CBCU Resource Guide. |
10331 | Acting on New and Updated Criminal History Results | Corrects hyperlinks. |
10331.1 | Temporary Risk Evaluation for Criminal History Pending a Final Disposition | Corrects hyperlinks. |
10370 | Out-of-State Criminal History Background Checks | Updates language. |
10371 | Requesting Out-of-State Criminal History Searches | Adds time frame expectations and updates hyperlink and language. |
10372 | Evaluating Results from Out-of-State Criminal History Searches | Adds time frame expectations and updates language. |
10373 | Rejecting Out-of-State Criminal History Background Check Results | Updates language. |
10374 | Acting on Accepted Out-of-State Criminal History Results | Updates language. |
10374.1 | Subject Has Out-of-State Criminal History | Adds time frame, documentation, and notification expectations. Updates hyperlink. |
10374.2 | Subject Does Not Have Out-of-State Criminal History | Adds time frame and documentation expectations. |
10400 | Risk Evaluation | Updates language and adds reference to CBCU Resource Guide. |
10410 | When a Risk Evaluation is Required | Corrects hyperlinks. |
10411 | Temporary Risk Evaluation | Updates language |
10420 | Processing Risk Evaluation Requests | Updates language and adds reference to CBCU Resource Guide. |
10424 | Documenting the Risk Evaluation Request | Updates language. |
10425 | Determining Which CBCU Staff Issues the Risk Evaluation Decision | Adds section. |
10430 | Making a Risk Evaluation Decision | Adds notifications language. |
10431 | Factors to Consider When Making a Risk Evaluation Decision | Updates language. |
10432 | Time Frame for Making a Risk Evaluation Decision | Adds time frame expectations. |
10433 | Documenting a Risk Evaluation Decision | Updates language and adds references to CBCU Resource Guide. |
10510.41 | Determination of Ineligible Due to Noncompliant Background Checks | Updates language. |
Appendix 3000-1 | Notifying the Operation | Updates Title 40 reference to Title 26 to reflect transition of CCR TAC rules. |
Definition of Terms | Definition of Terms | Adds terms for IMPACT legal status. |
23-3, Updates to Sections 1000, 3000, 4000, 5000, 6000, 7000, 8000, 10000, 11000, Definition of Terms, Appendix 1000 and Appendix 6000
Revision 23-3; Effective September 22, 2023
The following changes(s) were made:
Revised | Title | Change |
---|---|---|
All Sections | Updates Licensing to CCR | |
1200 | Application Security for CLASS and IMPACT | Updates language. |
1210 | Assigning Security Roles in CLASS | Updates language. |
1300 | Child Care Regulation Records | Updates language and adds background check records. |
1310 | Content and Organization of Child Care Regulation Records | Adds and updates language for records in the CLASS Document Library. |
1311 | Records for Investigations | Clarifies language that investigation records are confidential until the investigation closes and adds language for CLASS Document Library. |
1321 | Assigning, Reassigning, and Transferring Records | Clarifies language and adds language relating to licensed administrator staff. |
1330 | Records Retention | Changes records retention from DFPS requirements and references to HHSC. |
1400 | State-Issued Equipment, Photographs, Video, Audio and Digital Files | Adds language and reference(s) for CLASS Document Library. |
1420 | Using Photographs and Video as a Regulatory Tool | Adds language. |
1421 | Using Audio as a Regulatory Tool | Clarifies language. |
1430 | Documenting and Storing Photographs, Video, Audio, Scanned Documents and Other Digital Files | Adds language for CLASS Document Library. |
1431 | Documenting Photographs, Video, Audio, Scanned Documents and Other Digital Files | Adds section for uploading files to CLASS Document Library and completing added radio buttons. |
1432 | Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files in CLASS Document Library | Adds language and reference(s) for CLASS Document Library. |
1433 | Documenting and Storing Printed Photographs Received from an Outside Source | Deletes section. |
1441 | Printing Digital Records | Changes title from “Printing Digital Photographs” and updates language. |
2322.3 | Program Disagrees that it is Not Exempt | Updates policy section link. |
3120 | Documentation | Adds language for CLASS Document Library. |
3220 | Reviewing and Accepting the Application for a Permit | Adds language and reference(s) for CLASS Document Library. |
3222 | How to Determine Whether the Applicant Is Eligible to Apply | Clarifies language and adds language and reference(s) for CLASS Document Library. |
3223.1 | If the Application is Incomplete or Contains Errors | Clarifies language and adds language and reference(s) for CLASS Document Library. |
3223.32 | Documenting the Approved GRO Operational Plan for Applicants | Adds language and reference(s) for CLASS Document Library. |
3224 | Accepting the Application | Adds language and reference(s) for CLASS Document Library. |
3811 | When and How to Evaluate a Change in an Operation | Adds language and reference(s) for CLASS Document Library. |
3924.1 | Entering a Paper Permit Renewal Application into CLASS | Adds language and reference(s) for CLASS Document Library. |
4150 | Conducting Inspections | Updates policy section links. |
4159 | Handling Resistance or Refusal to Allow Inspection | Updates policy section links. |
4160 | Documenting the Results of an Inspection | Adds language for completing added radio buttons and reference(s) for CLASS Document Library. |
4161.2 | Documenting Inspection Results on CLASS Form 2936 | Creates a table to simplify text and clarifies documenting inspection results. |
4161.21 | Documentation of the Findings Evaluated from the Inspection | Clarifies language. |
4161.22 | Limits to Documenting Names of Children | Clarifies language. |
4161.23 | Limits to Documenting Names of Persons in CLASS | Clarifies language. |
4161.24 | Technical Assistance for Violations Recommended for An Administrative Review | Updates section title from “Technical Assistance for High Risk Violations” and clarifies the technical assistance inspectors provide when citing a deficiency that requires the immediate enforcement of an administrative penalty. |
4165 | Completing a Supplemental Inspection Form | Adds reference(s) for CLASS Document Library. |
4165.1 | Contacting the Permit Holder | Updates policy section link. |
4170 | Conducting the Exit Conference | Adds reference(s) for CLASS Document Library. |
4171 | Discussing the Results of an Inspection | Updates policy section link. |
4173 | Posting the Day Care Inspection Form or Assessment Form | Updates policy section link. |
4200 | Assessments | Adds language and reference(s) for CLASS Document Library. |
4221 | Documenting an Assessment Using CLASS Form 2939 Child-Care Facility Assessment Form | Adds language and reference(s) for CLASS Document Library. |
4222 | Notifying the Permit Holder or Designee | Updates policy section link. |
4330 | Following Up Without an Inspection | Adds reference(s) for CLASS Document Library. |
4431.1 | Citing Deficiencies Based on Random-Sampling Inspection Results | Updates policy section link. |
4433.1 | Requesting CPA Foster Home Records in Preparation for a Random-Sampling Inspection | Adds language and reference(s) for CLASS Document Library. |
4436 | Documenting and Sharing the Results of Random-Sampling Inspections | Clarifies language and adds reference(s) for CLASS Document Library. |
4500 | Evaluating Risk to Children and Handling Immediate Danger | Updates section title from “Evaluating Risk to Children”, and updates references within the section. |
4511 | Options on the Enforcement Recommendation Page in CLASS | Updates policy section links, clarifies language and removes information on evaluations. |
4512 | Acting on Enforcement Recommendations | Updates policy section link. |
4520 | Handling Immediate Danger to Children | Creates new section. Moves title and information from section 7200. |
4521 | Immediate Danger in a State-Operated Facility | Creates new section. Moves title and information from section 7210. |
4620 | How to Evaluate for Compliance with Liability Insurance Requirements | Adds language and reference(s) for CLASS Document Library. |
5100 | Waivers and Variances | Updates policy section link. |
5110 | Submitting a Waiver or Variance Request | Corrects language. |
5140 | Processing a Waiver or Variance Request | Adds language for CLASS Document Library. |
5143 | Updating Administrative Review | Updates policy section link. |
5160 | Review of Conditions or Denied/Revoked Request for a Waiver or Variance | Updates policy section link. |
5400 | Controlling Person | Clarifies language. |
5411 | Definition of Controlling Person | Clarifies that a site director at a school-age or before- or after-school program is considered a controlling person. |
5521 | Documenting the Temporary Relocation in CLASS | Adds language and reference(s) for CLASS Document Library. |
5531 | Assessing and Granting a Request for Voluntary Suspension | Adds language and reference(s) for CLASS Document Library. |
5534 | Ending the Voluntary Suspension | Updates policy section link. |
5540 | Voluntary Closure | Adds language and reference(s) for CLASS Document Library. |
5600 | Administrative Reviews | Creates new section. Moves title and information from previous section 7710. |
5610 | The Right to an Administrative Review | Creates new section. Moves title and information from previous section 7711. |
5611 | When an Operation is Entitled to an Administrative Review | Creates new section. Moves title and information from previous section 7711.1. |
5612 | When an Individual is Entitled to an Administrative Review | Creates new section. Moves title and information from previous section 7711.2. |
5613 | Explaining the Right to an Administrative Review | Creates new section. Moves title and information from previous section 7711.3. |
5614 | Waiving the Right to an Administrative Review | Creates new section. Moves title and information from previous section 7711.4. |
5615 | Roles for Conducting an Administrative Review | Creates new section. Moves title and information from previous section 7712. |
5616 | Receiving a Request for an Administrative Review | Creates new section. Moves title and information from previous section 7713. |
5616.1 | Determining Whether a Request for an Administrative Review Meets the Due Date | Creates new section. Moves title and information from previous section 7713.1. |
5616.11 | When the Request for an Administrative Review Meets the Due Date | Creates new section. Moves title and information from previous section 7713.1. |
5616.12 | When the Request for an Administrative Review Does Not Meet the Due Date | Creates new section. Moves title and information from previous section 7713.12. |
5616.2 | Determining Whether a Request for an Administrative Review is Complete | Creates new section. Moves title and information from previous section 7713.2. |
5616.21 | When a Request for an Administrative Review is Complete | Creates new section. Moves title and information from previous section 7713.21. |
5616.22 | When a Request for an Administrative Review is Incomplete | Creates new section. Moves title and information from previous section 7713.22. |
5616.3 | Determining Whether the Information Missing From a Request for an Administrative Review is Received by the Due Date | Creates new section. Moves title and information from previous section 7713.23. |
5616.31 | When the Information Missing From a Request for an Administrative Review is Received by the Due Date | Creates new section. Moves title and information from previous section 7713.24. |
5616.32 | When the Information Missing From a Request for an Administrative Review is Not Received by the Due Date | Creates new section. Moves title and information from previous section 7713.25. |
5617 | Initiating Contact with the Requestor of an Administrative Review | Creates new section. Moves title and information from previous section 7714. |
5617.1 | Scheduling an Administrative Review Conference | Creates new section. Moves title and information from previous section 7714.1. |
5617.2 | Documenting the Initial Contact with the Requestor in CLASS | Creates new section. Moves title and information from previous section 7714.2. |
5618 | Conducting an Administrative Review Conference | Creates new section. Moves title and information from previous section 7715. |
5618.1 | If the Requester Waives the Right to the Administrative Review Conference | Creates new section. Moves title and information from previous section 7715.1. |
5619 | Determining the Outcome of an Administrative Review | Creates new section. Moves title and information from previous section 7716. |
5619.1 | Overturning Citations for Abuse, Neglect or Exploitation | Creates new section. Moves title and information from previous section 7716.1. |
5619.2 | Documenting the Outcome of an Administrative Review in CLASS | Creates new section. Moves title and information from previous section 7716.2. |
5619.3 | Amending an Action or Decision as the Result of an Administrative Review | Creates new section. Moves title and information from previous section 7716.3. |
5620 | Notifying a Requestor About the Outcome of an Administrative Review | Creates new section. Moves title and information from previous section 7717. |
5620.1 | Notifying an Operation of the Outcome of the Administrative Review | Creates new section. Moves title and information from previous section 7717.1. |
5620.2 | Notifying an Individual of the Outcome of the Administrative Review | Creates new section. Moves title and information from previous section 7717.2. |
5621 | Notifying DFPS of an Overturned Citation for Abuse, Neglect or Exploitation | Creates new section. Moves title and information from previous section 7718. |
6312 | Conducting the Initial Investigation Staffing (Residential Child Care Only) | Adds new section and procedures for conducting Initial Investigation Staffings for RC investigations. |
6312.1 | Creating the Manual To-Do for the 20-Day Investigation Conclusion Staffing (Residential Child Care Only) | Adds new sections and procedures for creating a manual To-Do for 20-Day Investigation Conclusion Staffings for RC investigations. |
6313 | Reviewing the Intake Report Narrative and Determining the Allegations | Updates section number and adds clarifying language. |
6313.1 | Writing the Allegation | Updates section number and adds clarifying language. |
6313.2 | Determining Which Statutes, Administrative Rules, and Minimum Standards to Evaluate | Updates section number and title. Adds clarifying language. |
6332.5 | Operation Refuses to Develop a Safety Plan | Updates policy section. |
6414 | Documenting the Initiation | Adds reference(s) for CLASS Document Library. |
6423 | Recording Interviews | Clarifies and adds language and reference(s) for CLASS Document Library. |
6423.3 | Storing Audio Files on Digital Storage | Deletes section. |
6440 | Collecting Evidence | Adds language and reference(s) for CLASS Document Library. |
6441.1 | Obtaining Written Statements | Adds language and reference(s) for CLASS Document Library. |
6442 | Taking Photographs as Evidence | Adds language and reference(s) for CLASS Document Library. |
6443.3 | Reviewing Documents From DFPS | Adds language for CLASS Document Library. |
6443.4 | Obtaining Documents From the Operation | Adds language and reference(s) for CLASS Document Library. |
6443.51 | Documenting and Maintaining Email Correspondence | Adds language and reference(s) for CLASS Document Library. |
6443.52 | Documenting and Maintaining Written Correspondence | Adds language for CLASS Document Library. |
6443.53 | Documenting and Maintaining Voicemails and Texts | Adds language and reference(s) for CLASS Document Library. |
6450 | Conducting Surveillance (Day Care Only) | Adds language and reference(s) for CLASS Document Library. |
6480 | Conducting the 20-Day Investigation Conclusion Staffing (Residential Child Care Only) | Adds new section and procedures for conducting 20-Day Investigation Conclusion Staffings for RC investigations. |
6535 | Obtaining Consent to Enter an Unregulated Operation | Adds reference(s) for CLASS Document Library. |
6630 | Notifying the Operation of the Results of an Investigation | Clarifies investigation notifications may be mailed or emailed. |
6632 | Completing the Investigation Letter or Inspection Form | Clarifies procedures for completing the investigation letter. |
6640 | Notifying the Reporter of the Results of the Investigation | Clarifies policy for notifying the reporter. |
6700 | Documenting the Investigation | Clarifies language |
6710 | Documentation in CLASS | Adds language and reference(s) for CLASS Document Library. |
6740 | Maintaining an Investigation File | Clarifies language and adds references for investigations records and for CLASS Document Library. |
6971 | Reviewing a Citation for Abuse, Neglect or Exploitation When a DFPS Finding is Overturned | Updates policy section link. |
7200 | Reserved for Future Use | Changes title from “Handling Immediate Danger to Children.” Moves title and information to new section 4520. |
7210 | Immediate Danger in a State-Operated Facility | Deletes section. Moves title and information to new section 4521. |
7423 | Requesting or Waiving the Right to an Administrative Review of a Corrective Action | Updates policy section link. |
7424 | Starting a Corrective Action | Updates policy section link. |
7521 | A Single High Risk Violation | Updates language and references. |
7630 | Taking Adverse Action | Updates policy section link. |
7632 | Administrative Review for Adverse Action | Updates policy section link. |
7632.2 | Adverse Action is Upheld at an Administrative Review or No Administrative Review is Requested | Updates policy section link. |
7635 | Sending an Operation Final Notice of Suspension, Revocation, or Denial | Updates policy section link. |
7700 | Legal Actions When an Operation Disagrees with the Actions of an Inspector | Deletes and moves content related to administrative reviews to new section 5600. |
7710 | Reserved for Future Use | Changes title from Administrative Reviews. Moves title and content to new section 5600. |
7711 | The Right to an Administrative Review | Deletes section. Moves title and information to new section 5610. |
7711.1 | When an Operation is Entitled to an Administrative Review | Deletes section. Moves title and information to new section 5611. |
7711.2 | When an Individual is Entitled to an Administrative Review | Deletes section. Moves title and information to new section 5612. |
7711.3 | Explaining the Right to an Administrative Review | Deletes section. Moves title and information to new section 5613. |
7711.4 | Waiving the Right to an Administrative Review | Deletes section. Moves title and information to new section 5614. |
7712 | Roles for Conducting an Administrative Review | Deletes section. Moves title and information to new section 5615. |
7713 | Receiving a Request for an Administrative Review | Deletes section. Moves title and information to new section 5616. |
7713.1 | Determining Whether a Request for an Administrative Review Meets the Due Date | Deletes section. Moves title and information to new section 5616.1. |
7713.11 | When the Request for an Administrative Review Meets the Due Date | Deletes section. Moves title and information to new section 5616.11. |
7713.12 | When the Request for an Administrative Review Does Not Meet the Due Date | Deletes section. Moves title and information to new section 5616.12. |
7713.2 | Determining Whether a Request for an Administrative Review is Complete | Deletes section. Moves title and information to new section 5616.2. |
7713.21 | When a Request for an Administrative Review is Complete | Deletes section. Moves title and information to new section 5616.21. |
7713.22 | When a Request for an Administrative Review is Incomplete | Deletes section. Moves title and information to new section 5616.22. |
7713.23 | Determining Whether the Information Missing From a Request for an Administrative Review is Received by the Due Date | Deletes section. Moves title and information to new section 5616.3. |
7713.24 | When the Information Missing From a Request for an Administrative Review is Received by the Due Date | Deletes section. Moves title and information to new section 5616.31 |
7713.25 | When the Information Missing From a Request for an Administrative Review is Not Received by the Due Date | Deletes section. Moves title and information to new section 5616.32. |
7714 | Initiating Contact with the Requestor of an Administrative Review | Deletes section. Moves title and information to new section 5617. |
7714.1 | Scheduling an Administrative Review Conference | Deletes section. Moves title and information to new section 5617.1. |
7714.2 | Documenting the Initial Contact with the Requestor in CLASS | Deletes section. Moves title and information to new section 5617.2. |
7715 | Conducting an Administrative Review Conference | Deletes section. Moves title and information to new section 5618. |
7715.1 | If the Requester Waives the Right to the Administrative Review Conference | Deletes section. Moves title and information to new section 5618.1. |
7716 | Determining the Outcome of an Administrative Review | Deletes section. Moves title and information to new section 5619. |
7716.1 | Overturning Citations for Abuse, Neglect or Exploitation | Deletes section. Moves title and information to new section 5619.1. |
7716.2 | Documenting the Outcome of an Administrative Review in CLASS | Deletes section. Moves title and information to new section 5619.2. |
7716.3 | Amending an Action or Decision as the Result of an Administrative Review | Deletes section. Moves title and information to new section 5619.3. |
7717 | Notifying a Requestor About the Outcome of an Administrative Review | Deletes section. Moves title and information to new section 5620. |
7717.1 | Notifying an Operation of the Outcome of the Administrative Review | Deletes section. Moves title and information to new section 5620.1. |
7717.2 | Notifying an Individual of the Outcome of the Administrative Review | Deletes section. Moves title and information to new section 5620.2. |
7718 | Notifying DFPS of an Overturned Citation for Abuse, Neglect or Exploitation | Deletes section. Moves title and information to new section 5621. |
7772 | Process of Providing an Administrative Review of the Designation as a Controlling Person | Updates policy section link. |
7772.2 | No Administrative Review Requested by a Controlling Person | Updates policy section link. |
8130 | Processing an Open Records Request | Clarifies language |
10111 | Overview of CCR Staff Responsibilities Related to Background Checks | Adds language and reference(s) for CLASS Document Library. |
10124 | Receiving Form 2971 Child Care Regulation Request for Background Check | Adds language and reference(s) for CLASS Document Library. |
10130.3 | Overriding Eligibility Determinations of Provisional for Certain Roles | Adds language and reference(s) for CLASS Document Library. |
10210 | Reviewing Results from a Central Registry Search | Adds language and reference(s) for CLASS Document Library. |
10221.2 | Acting on the Results of the Preponderance Review | Adds language and reference(s) for CLASS Document Library. |
10232 | Requests for Determination of Immediate Threat | Adds language and reference(s) for CLASS Document Library. |
10253.1 | DFPS Child Protective Investigations or HHSC Provider Investigations | Adds language and reference(s) for CLASS Document Library. |
10291 | Requesting Out-Of-State Abuse and Neglect History Searches | Corrects language. |
10292 | Evaluating Results from Out-of-State Abuse and Neglect History Searches | Updates language and adds language and reference(s) for CLASS Document Library. |
10323 | Processing Court Documents | Adds language and reference(s) for CLASS Document Library. |
10340.2 | Possible Actions for Juvenile Offenses | Adds language and reference(s) for CLASS Document Library. |
10340.21 | 10340.21 Actions for Determination of Immediate Threat for Juvenile Offense | Updates policy section links. |
10371 | Requesting Out-of-State Criminal History Searches | Corrects language. |
10372 | Evaluating Results from Out-of-State Criminal History Searches | Updates language and adds language and reference(s) for CLASS Document Library. |
11112 | Notifying the Operation and CCR Staff of Heightened Monitoring | Adds language for CLASS Document Library. |
11120 | Heightened Monitoring Team Roles and Responsibilities | Updates and adds language for CLASS Document Library. |
11470 | Documenting the Results of All Heightened Monitoring Inspections | Adds language and reference(s) for CLASS Document Library. |
11473 | Documenting the Results of All Heightened Monitoring Inspections | Changes title from Documenting the Results of All Heightened Monitoring Inspections in SharePoint and adds language and reference(s) for CLASS Document Library. |
Appendix 1000-1 | Organizing Child Care Regulation Records | Adds language and reference(s) for CLASS Document Library. |
Appendix 1000-2 | Security Roles and Functions in CLASS | Adds language for CLASS Document Library functionality. |
Appendix 6000-1 | Investigator Time Frames for Investigations | Adds timeframes for Initial Investigation Staffing and 20-Day Investigation Conclusion Staffing for RC investigations. Clarifies language for sending the investigation notification letter. |
Definition of Terms | Definition of Terms | Clarifies the definition of scanned document to add CLASS Document Library. |
23-2, Updates to Sections 3000, 4000, 5000, 7000, and Definition of Terms
Revision 23-2; Effective June 26, 2023
The following changes(s) were made:
Revised | Title | Change |
---|---|---|
All Sections | Updates Licensing to CCR | |
3150 | “No Trespassing” Signs for Certain General Residential Operations | Adds section. |
3223 | Evaluating an Application for Completeness | Adds that RCCR staff review applicable application attachments for completeness. |
3323 | Identifying, Documenting and Assessing Information from Prior Operation Numbers (RCCR Only) | Removes the requirement that an operation must apply for a new license if relocating. |
3324 | Providing the Survey Link for “No Trespassing” Signs Information During Application Inspection | Adds section. |
3412 | Criteria for Issuing an Initial License | Removes the requirement that CCR issue an initial license to an operation that relocates and applies for a permit. |
3532 | Full License for an Operation that Changes Ownership or Location | Updates section title to Full License for an Operation that Changes Ownership. |
3810 | Circumstances That May Require Amending the Permit | Clarifies CCR may amend a permit for a change in location for licensed, listed or registered operations. Clarifies CCR staff recommend the operation request a permit amendment before making a recommendation to CCE for an adverse amendment. |
3811 | When and How to Evaluate a Change that Poses Risk to Children | Changes section title to When and How to Evaluate a Change in an Operation, and updates language throughout section. |
3812 | When a Child-Placing Agency, Listed Family Home, Registered Child Care Home, or School-Age Program Changes Location | Changes section title to When an Operation Changes Location, and describes what CCR staff do when an operation notifies CCR of a planned change of location; including timeframes for CCR to conduct an inspection of the new location. |
3823 | How to Amend the Permit in CLASS | Changes title to Amending the Permit in CLASS, streamlines information CCR staff document in CLASS when processing a permit amendment and clarifies that an adverse amendment is handled as an adverse action. |
3823.1 | Processing an Amendment to Capacity in CLASS | Changes title to Changing the Operation’s Restrictions and Conditions in CLASS; deletes existing information and rewrites section to describe how staff document changes to permit restrictions and conditions in CLASS. |
3823.2 | Changing the Operation’s Capacity in CLASS | Creates new section; clarifies CCR staff responsibilities and incorporates steps staff take when an operation requests an increase or a decrease in capacity. |
3823.11 | Processing a Request to Decrease Capacity | Deletes section; information is incorporated into new section 3823.2. |
3823.12 | Processing a Request to Increase Capacity | Deletes section; information is incorporated into new section 3823.2. |
3823.13 | Entering a Decision Regarding a Request to Increase Capacity | Deletes section; information is incorporated into new section 3823.2. |
3823.14 | Reissuing a License After Approving a Request to Increase Capacity | Deletes section; information is incorporated into new section 3823.2. |
3823.15 | Processing an Operation’s Withdrawal to Increase Capacity | Deletes section; information is incorporated into new section 3823.2. |
3823.3 | Changing the Operation’s Permit in CLASS for the Gender or Ages Served | Adds new section and clarifies CCR staff responsibilities when an operation changes the gender or ages served at the operation. |
3823.4 | Changing a Residential Child Care Operation’s Services Offered in CLASS | Adds new section and clarifies how CCR staff document an RC operation’s change in services in CLASS. |
3823.5 | Changing the Operation’s Address in CLASS | Adds new section and clarifies CCR staff responsibilities for updating the operation’s new address in CLASS. |
3823.51 | Which CCR Staff Can Change an Operation’s Address in CLASS | Adds new section and specifies which CCR staff can change the address of each operation type in CLASS. |
3824 | Issuing the Amended Permit | Adds new section and specifies how CCR staff issue an amended permit. |
3830 | Changes that Require an Application for a New Permit | Removes the requirement that a change in location requires an operation to submit a new application. |
3832 | Change of an Operation’s Location that Requires an Application for a New Permit | Deletes section and changes title to Reserved for Future Use. |
4123 | Follow-Up Inspections | Updates section link. |
4153.1 | Selecting a Sample of Records During Each Two-Year Period | Updates language for review of CPA foster and adoptive home records to add that staff include in record review homes that in the past two years have closed or transferred. |
4156 | When an Inspection is Attempted | Updates language from License to CCR and updates sections links. |
4300 | Conducting a Follow-Up with an Operation | Updates section links. |
4800 | Risk Analysis | Updates language related to CCR’s responsibility to assess risk at an operation. |
4810 | Risk Analysis Review Period | Adds new section for a risk analysis review period. |
4811 | Identifying an Operation for a Risk Analysis | Adds new section for how operations are identified for a risk analysis. |
4812 | CCR Staff Responsibilities after an Operation is Identified for a Risk Analysis | Adds new section for CCR staff responsibilities after an operation is identified for a risk analysis. |
4820 | Risk Review Overview | Adds new section which provides an overview of risk reviews. |
5236 | Capacity Increase Fee Invoice (Also Known as Amendment Fee) | Updates references within the section. |
5500 | Voluntary Actions of the Operation | Creates new section. Moves title and information from previous section 7300. |
5510 | Withdrawal of an Application | Creates new section. Moves title and information from section 7310. |
5520 | Temporary Relocation | Creates new section. Moves information from section 7320 and adds subsections to clarify the temporary relocation process. |
5520.1 | Relocation Due to Damage or Renovation | Creates new section and adds additional steps that CCR staff take when an operation relocates due to damage or renovation to the operation. |
5520.2 | Relocation Due to Declared Disaster (RCCR Only) | Adds new section describing what CCR staff do when an RC operation relocates due to declared disaster. |
5521 | Documenting the Temporary Relocation in CLASS | Adds new section describing documentation requirements in CLASS for a temporary relocation. |
5522 | Ending the Temporary Relocation in CLASS | Adds new section describing how CCR staff document the end of a temporary relocation in CLASS. |
5530 | Voluntary Suspension | Adds new section. Moves information from section 7330 and updates language within the section. |
5531 | Assessing and Granting a Request for Voluntary Suspension | Adds new section. Moves information from section 7331 and updates language within the section. |
5532 | Documenting the Voluntary Suspension | Adds new section. Moves information from 7332. |
5533 | Denying the Voluntary Suspension | Adds new section. Moves information from 7333 and updates language within the section. |
5534 | Ending the Voluntary Suspension | Adds new section. Moves information from 7334 and updates language and reference within the section. |
5540 | Voluntary Closure | Adds new section. Moves information from 7340 and updates language and reference within the section. |
5541 | Documentation of an Operation That Has Closed | Adds new section. Moves information from 7341. |
5542 | Voluntary Closure During an Investigation | Adds new section. Moves information from 7342 and updates language and references within the section. |
5543 | Notification of Investigation Findings When an Operation Closes Voluntarily | Adds new section. Moves information from 7343. |
5544 | CCR Response if the Operation Did Not Close | Adds new section. Moves information from 7344 and updates language within the section. |
7300 | Voluntary Actions of the Operation | Changes title to Voluntary Enforcement Action. |
7310 | Withdrawal of an Application | Information moved to new section 5510 and title changed to Reserved for Future Use. |
7320 | Temporary Relocation | Information moved to new section 5520 and title changed to Reserved for Future Use. |
7330 | Voluntary Suspension | Information moved to new section 5530 and title changed to Reserved for Future Use. |
7331 | Assessing and Granting a Request for Voluntary Suspension | Information moved to new section 5531 and title changed to Reserved for Future Use. |
7332 | Documenting the Voluntary Suspension | Information moved to new section 5532 and title changed to Reserved for Future Use. |
7333 | Denying the Voluntary Suspension | Information moved to new section 5533 and title changed to Reserved for Future Use. |
7334 | Ending the Voluntary Suspension | Information moved to new section 5534 and title changed to Reserved for Future Use. |
7340 | Voluntary Closure | Information moved to new section 5540 and title changed to Reserved for Future Use. |
7341 | Documentation of an Operation That Has Closed | Information moved to new section 5541 and title changed to Reserved for Future Use. |
7342 | Voluntary Closure During an Investigation | Information moved to new section 5542 and title changed to Reserved for Future Use. |
7343 | Notification of Investigation Findings When an Operation Closes Voluntarily | Information moved to new section 5543 and title changed to Reserved for Future Use. |
7344 | Licensing Response if the Operation Did Not Close | Information moved to new section 5544 and title changed to Reserved for Future Use. |
7813.2 | Operation or Home has Stopped Providing Care or is No Longer Operating | Updates section link. |
Definitions of Terms | Definitions of Terms | Updates the definition of a General Residential Operation (GRO) to be consistent with the 26 TAC Section 748.43 definition. Adds the definition of Grounds. Adds Premises to the definitions of terms. |