Child Care Licensing may recommend or take an enforcement action on a child care operation to help that operation come into compliance with state laws, rules and minimum standards while reducing risk to children in child care settings.
Types of Enforcement Actions
- Voluntary Actions (Plan of Action)
- Corrective Actions (Evaluation*, Probation)
- Adverse Actions (Adverse Amendment, Denial, Revocation, Involuntary or Emergency Suspension)
- Judicial Actions
- Administrative Penalties
*Senate Bill 781, passed during the 86th Legislative Session, removed evaluation as a type of enforcement action available to CCL. Effective September 1, 2019, CCL will no longer impose evaluation as a type of enforcement action. Although evaluation will no longer be available as an enforcement action, CCL will take any history of evaluation into consideration when reviewing an operation’s compliance history, if the evaluation occurred in the previous 24-months.
Enforcement actions are not progressive in nature. CCL may recommend or impose any action if the risk to children at the operation warrants the recommended/imposed action.
Common Factors We Consider
Child Care Licensing takes into account several factors which influence risk when recommending or imposing enforcement actions. The factors below are the most common, but other factors may be considered based on the specific case or circumstances.
Governing Body and Staffing
- Level of involvement the governing body has in the operation
- Ability to identify operation needs
- Knowledge behind intent of standards
- Knowledge of the operation’s policy and procedures
- Other history as a permit holder, governing body member, or a controlling person
Compliance History
- Scope and severity of deficiencies
- Patterns of deficiencies
- Repetition of deficiencies
- Investigation history
- Responsiveness to deficiencies
- Previous enforcement actions
Nature of the Risk
- Isolated serious incident caused or may have caused injury or death
- Systemic issues at the operation negatively impact the health and safety of children in care and caused or may have caused injury or death
Impact that Other Factors Have on Risk
- Operation capacity
- Type of permit
- Type of services provided
- Number of children impacted by enforcement action
- Impact to the community
- Involvement from other governmental agencies
How We Determine What Type of Action to Recommend
Once CCL has assessed the risk factors outlined above, a specific enforcement action is recommended or imposed according to the table below.
Recommended Action
Enforcement Action | What is the capability of the governing body or permit holder? | Limitation on Using This Enforcement Action? | Can risk be mitigated while the operation continues to operate? |
---|---|---|---|
Plan of Action |
The governing body or permit holder has demonstrated all of the following:
|
Yes. Licensing may only offer a Plan of Action as an enforcement action if the operation does not have history of a POA within the previous 12 months for similar deficiencies. | Yes, by following the agreed upon plan to improve compliance. |
Probation |
The governing body or permit holder has repeatedly demonstrated the inability to:
In addition, the governing body or permit holder is willing and able to make necessary corrections, with intervention from Licensing. |
No.The operation may or may not have had previous enforcement actions. | Yes, by following conditions Licensing has imposed. |
Adverse Amendment | The governing body or permit holder is willing and able to abide by restrictions and conditions placed on the permit. | No.The operation may or may not have had previous enforcement actions. | Yes, if the operation abides by the restrictions or conditions placed on the permit. |
Denial and Revocation | The governing body or permit holder has repeatedly demonstrated the inability to:
|
No. The operation may or may not have had previous enforcement actions. | No.Children will be at risk of harm if the operation is allowed to operate or continue to operate. |
When We Can Impose an Administrative Penalty
Licensing may impose an administrative penalty before imposing corrective action if the operation is out of compliance with background check requirements or if the operation has violated one of the following statutes or high risk minimum standards.
Administrative Penalties
Rule Category | Rule Number | Short Description |
---|---|---|
Human Resource Code |
42.048(b) |
Restrictions on the permit (Age Range, Type of Children) |
Human Resource Code |
42.052(c) |
Listed Capacity |
Before or After School or School-Age Programs |
744.201 (11) |
Licensed Capacity |
Before or After School or School-Age Programs |
744.3805(4) |
Safety precautions for loading and unloading children - no child unattended. |
Licensed Child Care Center |
746.201 (11) |
Licensed Capacity |
Licensed Child Care Center |
746.2415(b) |
Cribs - only snug fitting sheet and crib mattress cover allowed if infant younger than 12 months of age |
Licensed Child Care Center |
746.2427 |
Infants sleep on backs |
Licensed Child Care Center |
746.5605(4) |
Safety precautions for loading and unloading children - no child unattended |
Licensed and Registered Child Care Homes |
747.207(9) |
Licensed/Registered Capacity |
Licensed and Registered Child Care Homes |
747.2315(b) |
Cribs - only snug fitting sheet and crib mattress cover allowed if infant younger than 12 months of age. |
Licensed and Registered Child Care Homes |
747.2327 |
Infants sleep on backs |
Licensed and Registered Child Care Homes |
747.5405(4) |
Safety precautions for loading and unloading children - no child unattended |
General Residential Operations |
748.155(a) |
Licensed Capacity |
General Residential Operations |
748.1757(b) |
Prohibited equipment for infants-cribs - only snug fitting sheet and crib mattress cover allowed if infant younger than 12 months of age. |
General Residential Operations |
748.1763(a) |
Infants sleep on backs |
General Residential Operations |
748.2003(b)(3) |
Administration of medication-administer medications according to label instructions or a prescribing health-care professional's subsequent orders. |
General Residential Operations |
748.4011(3) |
Safety precautions for loading and unloading children - no child unattended. |
Child-Placing Agencies |
749.2557(a) |
Licensed Capacity |
Child-Placing Agencies |
749.1463(b)(3) |
Administration of medication-administer medications according to label instructions or a prescribing health-care professional's subsequent orders. |
Child-Placing Agencies |
749.1813(b) |
Prohibited equip for infants-Cribs - only snug fitting sheet and crib mattress cover allowed if infant younger than 12 months of age. |
Child-Placing Agencies |
749.1815(a) |
Infant sleep requirements-must place an infant not able to turn over in face-up sleeping position unless health-care professional orders otherwise. |
Independent Foster Homes |
750.701 - corresponds to 749.1463(b)(3) |
Administration of medication- administer medications according to label instructions or a prescribing health-care professional's subsequent orders. |
Independent Foster Homes |
750.801 - corresponds to 749.1813(b) |
Infant requirements-a foster home may not use soft bedding in a crib for an infant younger than 12 months of age. |
Independent Foster Homes |
750.801 - corresponds to 749.1815(a) |
Infants sleep on backs. |
Independent Foster Homes |
750.1001 – corresponds to 749.2557(a) |
Licensed Capacity |