9100 Overview of the Administrator’s License Program

September 28, 2018

 

A person may not serve as the administrator of a general residential operation without a Child Care Administrator’s License.

A person may not serve as the administrator of a child-placing agency without a Child-Placing Agency Administrator’s License.

Texas Human Resources Code, §43.003

Texas Administrative Code, Chapter 745, Subchapter N

The Licensed Administrator program offers these online resources:

  • Full text of the law and rules
  • Application forms
  • A directory of licensed child care administrators
  • A directory of licensed child-placing agency administrators
  • A list of frequently asked questions
  • The email address for the Licensed Administrator program

 

9200 Application for an Administrator’s License

September 28, 2018

 

 

9210 Reviewing an Application Packet for an Administrator’s License

September 28, 2018

 

An applicant for an administrator’s license must submit a complete application for Licensing to approve or deny.

Only in emergencies may Licensing staff accept faxed or emailed application materials to approve a person to take the exam. However, matching originals must be in the person’s file before a license is issued.

A complete application to become a licensed administrator includes all of the following:

  1. A completed application form
  2. A transcript or letter of verification from the appropriate educational institution
  3. Two professional references
  4. An employer reference that documents one year of supervisory experience
  5. The application fee
  6. A notarized affidavit documenting background information on the form provided by HHSC
  7. A completed background check request
  8. Submitted fingerprint checks, unless the applicant has previously undergone a fingerprint-based criminal history check that remains valid (see 10120 Persons For Whom Operations Must Submit Requests for Background Checks)
  9. The fee for a background check

40 TAC §§745.630; 745.8933; 745.8934

See also:

9211.1 Additional Documentation Required if the Applicant is a Military Member, Spouse, or Veteran Requesting Expedited Licensure or Special Considerations

9211.2 Expedited Licensure if the Applicant is a Military Member, Spouse, or Veteran

 

9211 Additional Documentation Requirements for Expedited Licensure

August 2019

 

 

9211.1 Additional Documentation Required if the Applicant is a Military Member, Veteran, or Spouse of a Military Member or Veteran Requesting Expedited Licensure or Special Considerations

August 2019

 

In addition to the required application materials listed in 9210 Reviewing an Application Packet for an Administrator’s License, a military member, veteran, or spouse of a military member or veteran requesting expedited licensure or special considerations must submit:

  1. documentation demonstrating the applicant’s status as a military member, veteran, or spouse of a military member or veteran, which may include:
    • any recent military orders;
    • a copy of the most recent Permanent Change of station (PCS) travel order to Texas;
    • a marriage certificate;
    • a valid military ID;
    • military discharge papers; or
    • a Veterans Affairs ID card;
  2. documentation related to an administrator’s license or any other professional or occupational license the applicant currently holds outside of Texas, if applicable;
  3. a copy of the regulations pertaining to the current out-of-state administrator's license, if applicable; and
  4. any additional documentation, as applicable, to determine whether the applicant:
    • meets a licensing requirement through some alternative method; or
    • has prior military service, training, or education that may be credited toward a licensing requirement.

26 TAC §745.9027

 

Procedure

Within 21 days of receiving the application for an administrator’s license and fees, Licensing staff updates the application status in CLASS, which generates an email notifying the applicant whether:

  1. Licensing received a complete set of application materials and fees and determined the applicant meets the initial qualifications and is eligible to take the licensing examination;
  2. Licensing received a complete set of application materials and fees and the applicant does not meet the initial qualifications and is not eligible to take the licensing examination; or
  3. the application is pending because it is incomplete and the materials submitted do not show compliance with relevant statutes and rules.

If the application remains incomplete for 12 months:

  1. the application expires;
  2. the applicant may not apply again for one year from the date that the incomplete application expired; and
  3. Licensing staff ensure that CLASS shows the application has the status of Lapsed, which triggers the system to generate and send an email to the applicant.

 

9211.2 Expedited Licensure if the Applicant is a Military Member, Veteran, or Spouse of a Military Member or Veteran

August 2019

 

Licensing staff must expedite the application process when the applicant is a military member, veteran, or spouse of a military member or veteran. Staff must process a complete application as soon as possible, but no later than 21 days after receiving it and the person's background check fee.

26 TAC §§745.8951; 745.9028

 

9212 Applicants Who Have an Administrator’s License from Another State

March 2016

 

Licensing staff may waive any prerequisite for an applicant to get an administrator’s license if the applicant has a valid administrator’s license from another state and:

  1. the other state’s license requirements are substantially equivalent to those in Texas; or
  2. there is a reciprocity agreement between Texas and the other state.

Licensing staff may issue a provisional child care administrator’s license to an applicant licensed in another state who applies for a license in Texas. See 9250 Issuance of a Provisional Child Care Administrator’s License.

Texas Human Resources Code §§43.0042; 43.0081

40 TAC §745.8913

 

9213 Special Considerations for an Applicant Who is a Military Member, Spouse, or Veteran

March 2016

 

The Associate Commissioner for Licensing or designee may waive any prerequisite for a military member, spouse, or veteran to get an administrator's license if the applicant:

  • currently holds a valid administrator’s license in another state whose license requirements are substantially equivalent to those in Texas; or
  • held an administrator’s license in Texas within five years preceding the application date, and the credentials provide compelling justification that the applicant is qualified to act as a licensed administrator.

The Associate Commissioner for Licensing or designee may also:

  • credit a military member or veteran for verified military service, training, or education; or
  • substitute any demonstrated competency a military member, spouse, or veteran has in order to meet the requirements, other than the exam requirement.

The applicant is not eligible to receive the credit:

  • based on an administrator’s license in another jurisdiction that is restricted and, therefore, not substantially similar to an administrator's license in Texas; or
  • if the applicant has criminal history or central registry history that would prohibit the applicant from obtaining an administrator’s license.

A license issued after granting any of these considerations would be considered a full license and not a provisional one.

40 TAC §§745.696; 745.8913; 745.9026

 

9213.1 Waiving Application and Exam Fees

March 2016

 

Licensing waives application and exam fees for:

  • a military member or veteran whose military service, training, or education substantially meets the qualifications for an administrator's license; or
  • a military member, spouse, or veteran who holds a current license issued by another state whose license requirements are substantially equivalent to those in Texas.

40 TAC §745.9026

 

9213.2 Special Considerations When a Military Member Applies to Renew

March 2016

 

A military member's administrative license is no longer valid after two years, but the license will be considered dormant until its renewal is requested or for two additional years, whichever comes first.

Additionally, the following considerations are applicable to the renewal of a military member's administrator's license:

  • No continuing education will be required prior to renewal
  • Late renewal fees under 40 TAC §745.9003(a)(2) and (3) will be waived if failure to renew the license on time was due to a military member's service.

To be eligible for these considerations, the military member must not have criminal history or central registry history that would prohibit the applicant from obtaining an administrator’s license.

40 TAC §§745.696; 745.9029

 

9300 Issuance of a Provisional Child Care Administrator’s License

March 2014

 

A provisional child care administrator’s license is granted for a limited time pending the issuance of a full child care administrator’s license.

Licensing staff may issue a provisional child care administrator’s license to an applicant who:

  1. is licensed in good standing as a child care administrator for at least two years in another state, the District of Columbia, a foreign country, or a territory of the United States that has licensing requirements that are substantially equivalent to those in Texas;
  2. has passed a national or other examination recognized by Licensing that demonstrates competence in the field of child care administration; and
  3. is sponsored by a person licensed as a child care administrator in the state of Texas. However, if Licensing staff determines the requirement to obtain a sponsor constitutes a hardship to the applicant, this requirement may be waived.

Texas Human Resources Code §43.0081

40 TAC §745.8913

 

9310 Time Limit for A Provisional Child Care Administrator’s License

March 2014

 

A provisional license is valid until the date the applicant is granted or denied a child care administrator’s license.

Licensing must process a provisional child care administrator’s license holder’s application for an administrator’s license no later than the 180th day after the date the provisional license is issued. Licensing may only extend the 180-day limit if the results of the license holder’s examination have not been received by Licensing.

Procedure

Licensing staff will issue a child care administrator’s license when the applicant meets the requirements in 9400 Issuing a Child Care Administrator’s License.

Texas Human Resources Code §43.0081

 

9400 Issuing a Child Care Administrator’s License

March 2014

 

Licensing staff will issue a child care administrator’s license if:

  1. the applicant’s background check results do not contain criminal history or central registry findings that preclude the person from being present in the operation;
  2. the applicant has the academic and experience requirements for an administrator’s license;
  3. the applicant passes the licensing administrator’s examination;
  4. the applicant pays the application and background check fees; and
  5. the applicant meets any other child care administrator’s license requirements.

If the applicant does not meet the requirements to receive a child care administrator’s license, licensing staff may deny the application.

See 9700 Remedial Action on an Administrator’s License

Texas Human Resources Code §43.004

40 TAC §745.8933

 

9500 Renewing an Administrator’s License

September 28, 2018

 

 

9510 Training Requirements for an Administrator’s License

November 2008

 

Licensing staff review training documentation submitted by licensed administrators before approving a request to renew an administrator’s license.

Procedure

Staff review training documentation to ensure the following:

  • The licensed administrator obtained 15 hours of training each year of the two-year renewal cycle.
  • The training was designed for professional-level staff. Training designed for direct care staff is not acceptable.
  • The training was directly related to residential child care or business management.
  • The subject of the training was not an organization’s policies and procedures.
  • The licensed administrator participated in the training. Training credit is not given for presenting training to others.

If a licensed administrator has not submitted enough acceptable training for each of the two years in his or her renewal cycle:

  • Licensing staff contact the administrator and ask him or her to submit additional training documentation.
  • The licensed administrator database generates a letter to the administrator notifying him or her that the renewal is pending, due to insufficient training hours.
  • If the administrator cannot submit documentation verifying that training requirements were met, Licensing staff ask the administrator to confirm in writing that he or she has no other training documentation to submit for the time period.
  • Remedial action is taken. See 9600 Remedial Action on an Administrator’s License.

 

9520 Inactive Status for an Administrator’s License

November 2008

 

Licensed administrators who are on inactive status for an entire renewal period are not required to submit training documentation for that period.

If an administrator was on active status for only a portion of the renewal period, the training requirement is prorated.

Administrators on inactive status pay lower renewal fees and are not required to undergo a background check.

Procedure

A licensed administrator must submit a request to change his or her license status in writing. Licensing must have a written record of the requests in order to prevent miscommunication and to hold the licensed administrator accountable for training requirements. (Emails and faxes are considered written requests.)

When an administrator switches from inactive to active status in the middle of a renewal period, he or she must pay the appropriate fee and submit a background check request. The training requirement is prorated. For example, if an administrator switches to inactive status six months after renewing his or her license, and the status remains inactive for the rest of the renewal period, only 7.5 hours of training is required. (For an additional example, see 9530 Renewal Fees for an Administrator’s License.)

See Texas Administrative Code, §745.9007, for details on changing a license status from inactive to active.

 

9530 Renewal Fees for an Administrator’s License

November 2008

 

While training requirements for an administrator’s license are based on the renewal period that just ended, renewal fees are based on the license status that the administrator requests for the coming period. For fee schedules, see §745.9003 and §745.9005 of the Texas Administrative Code.

Procedure

To assess late fees, Licensing staff follow these guidelines:

  • Accept a renewal request postmarked on or before the license’s expiration date.
  • Assess late fees only when the administrator initiates the renewal process after his or her license expires (assess higher late fees when the request is initiated 90 days or more past the expiration date). Do not assess late fees if the administrator initiates a timely renewal and the renewal remains pending after his or her license expires.
  • Assess late fees, even if an administrator did not receive a notice from Licensing about a license’s expiration or impending expiration. Licensed administrators are accountable for renewing on time.

Example of Assessing Late Fees

An example of assessing late fees follows:

John Smith submits a request to renew his license. During his most recent renewal period, he was on active status for the first year, and then switched to inactive status. He is now asking to be placed back on active status. Unfortunately, he is renewing 30 days late. In this case, Mr. Smith owes 15 training hours (pro-rated for the one year that he was on active status) and $75 (because he is submitting a late request to renew his license on active status). Mr. Smith must have obtained all of the required training hours during the 12 months that he was on active status.

 

9540 Background Checks for an Administrator’s License

September 28, 2018

 

A background check is conducted on each licensed administrator who requests renewal of an administrator’s license on active status, even if the person has had a background check under a licensed residential child care operation within the last 48 months.

If a licensed administrator has a background check match that violates minimum standards rules and is not subject to a risk evaluation, remedial action is initiated. See 10310 Acting on the Results of a Criminal History Check.

Procedure

The procedures for background checks are as follows:

  • Run a background check on each licensed administrator requesting renewal on active status, regardless of whether the administrator is affiliated with a licensed residential child care operation.
  • Do not charge a fee for the additional background check for a licensed administrator who has had a background check under a licensed residential child care operation within the last 48 months.
  • If an administrator has a background check match that violates minimum standards rules and is not subject to a risk evaluation, the Centralized Background Check Unit (CBCU) notifies the administrator about the match by letter and notifies the Licensed Administrator program about the match by email.
    A remedial action of either revocation or refusal to renew is initiated. See 9600 Remedial Action on an Administrator’s License.
  • If an administrator has a background check match that violates minimum standards rules and is subject to a risk evaluation, the type of follow-up depends on whether the administrator is affiliated with a licensed residential child care operation.
    The CBCU notifies the administrator about the match by letter and notifies the Licensed Administrator program about the match by email.
    • If the administrator is not affiliated with a licensed residential child care operation, the administrator’s license is renewed, if the administrator would otherwise be eligible for renewal. No risk evaluation is conducted, unless or until the administrator becomes affiliated with an operation licensed by HHSC’s Residential Child Care Licensing Division (RCCL).
    • If the administrator is affiliated with an operation licensed by RCCL, the operation must submit the request for a risk evaluation to the CBCU. The CBCU notifies the Licensed Administrator program about the results of the risk evaluation. Licensing staff do not renew a license while the risk evaluation is pending. Staff delay renewal until the risk evaluation is complete and approved.

If a license is renewed for an administrator who has a background check match requiring a risk evaluation and the administrator is not affiliated with a licensed residential child care operation, Licensing staff notify the CBCU. The CBCU maintains a list of these administrators, so that the CBCU knows when the Licensed Administrator program needs to be notified about the results of a risk evaluation.

 

9550 Lapsed Administrator’s Licenses

November 2008

 

An administrator’s license lapses after it has been expired for one year.

A lapsed administrator’s license cannot be renewed.

Texas Human Resources Code (HRC), §43.009

Procedure

If a person with a lapsed administrator’s license contacts Licensing staff to renew his or her license, Licensing staff inform the person that he or she must apply for a new license.

The only exception is active military personnel who are exempt from renewal requirements as specified in §745.9015 of the Texas Administrative Code.

 

9600 Emeritus Status for an Administrator’s License

October 2011

 

An emeritus license is an honorary license for a person who had an administrator’s license and no longer serves as an administrator.

Emeritus status is primarily designed for persons who have retired.

An emeritus license is valid for the lifetime of the licensee.

Renewal and reporting requirements do not apply.

A person cannot act as a licensed administrator with an emeritus license.

Procedure

To receive an emeritus license, a licensed administrator submits a written request.

An emeritus license is granted only when the administrator:

  • is at least 55 years old or has a permanent physical or medical disability;
  • has a valid administrator’s license and has no remedial action or pending remedial action against the license; and
  • is no longer engaged in professional residential child care.

If the administrator decides to act as a licensed administrator again after obtaining an emeritus license, he or she must apply for a new license.

 

9700 Remedial Action on an Administrator’s License

March 2014

 

Licensing may take remedial action against an administrator’s license when the administrator or applicant:

  1. violates a term under Human Resources Code (HRC) Chapter 43 or a Licensing rule;
  2. circumvents or attempts to circumvent the requirements of HRC Chapter 43 or a Licensing rule;
  3. engages in fraud or deceit related to a requirement in HRC Chapter 43 or a Licensing rule;
  4. provides false or misleading information to Licensing during the application or renewal process for an administrator’s license;
  5. makes a statement about a material fact during the application or renewal process that the applicant or licensed administrator knows or should know is false;
  6. has a criminal history or central registry record that:
    • prohibits the administrator or applicant for an administrator’s license from working at a facility; or
    • is relevant to the duties of a licensed administrator that are specified in rule;
  7. uses drugs or alcohol in a manner that jeopardizes the administrator’s or applicant’s ability to function as an administrator;
  8. performs duties as a licensed administrator in a negligent manner; or
  9. is ineligible to be a controlling person at a child care operation.

See:

10240 Acting on Abuse or Neglect Findings in the DFPS Central Registry

10310 Acting on the Results of a Criminal History Check

5411.1 Persons Who Are Ineligible to Be a Controlling Person

Texas Human Resources Code §43.010

40 Texas Administrative Code §745.9037