May 2020

 

Appendix 3000-1 Notifying the Operation

May 2020

 

Use the following chart to determine whom to notify in the following situations:

Situation Director, Administrator, or Person in Charge Applicant, Designee, or Permit Holder Child Day Care Only:
Head of Governing Body, such as CEO or Board Chair
Controlling Person
Results of an inspection Always Always If enforcement action imposed
OR
If requested on Form 2911 Child Care Licensing Governing Body/Director Designation
 
Receipt of a report of possible deficiency with minimum standard rules*

 

(verbal notification is acceptable)

Always* During the application or initial period
OR
If allegations are classified as P1 or P2
If allegations are classified as P1 or P2
OR
If requested on Form 2911 Child Care Licensing Governing Body/Director Designation
 
Results of an investigation Always Always If violations were classified as P1 or P2
OR
If enforcement action imposed
OR
If requested on Form 2911
 
Receipt of relevant criminal history (verbal notification is acceptable) Always Within 14 days, if this is the person responsible for hiring staff    
Receipt of Central Registry match (verbal notification is acceptable) Always If this is the person responsible for hiring staff:
Immediately, if presence of person presents a risk
OR
After release hearing is offered and refused
OR
After release hearing is held and findings upheld
   
Enforcement action taken against the operation Always Always Always Always

* Child Care Regulation (CCR) staff must inform the applicant or permit holder of the nature of the allegations by the next workday following the first on-site investigation, unless there is reason to believe that the investigation may be compromised. If it appears the investigation may be compromised, CCR staff may postpone explaining the nature of the allegations. CCR staff must inform the appropriate persons of the nature of the allegations as soon as it is decided that our doing so will not compromise the investigation. See 40 TAC §745.8443.

 

Appendix 3000-2 Types of Governing Bodies

May 2020

 

The chart below lists the types of governing bodies that an applicant for a permit may be.

Type of Governing Body Definition
Association A combination of individuals and interests of some kind without a tax-exempt status from the IRS. Not organized under the Texas Business Organizations Code.
Corporation An intangible entity created by individuals to operate for profit but to limit individual liability. Organized according to the Texas Business Organizations Code or similar act of another state as evidenced by the corporation’s Certificate of Formation.
Limited Liability Company (LLC) An entity organized and existing in accordance with the Texas Limited Liability Company Act. The secretary of state has authority over the formation and existence of LLCs.
Limited Liability Partnership A partnership that registers with the secretary of state as a limited liability partnership as allowed in the Texas Revised Partnership Act. This status limits the range of a partner’s personal liability for the debts and obligations of the partnership.
Nonprofit Association with Religious Affiliation A combination of individuals and interests of some kind, synonymous with society, with operations devoted to religious purposes. Not organized under the Texas Business Organizations Code. Operated by, responsible to, or associated with an organization of individuals devoted to religious purposes. Does not include those whose relationship with a religious organization is only for business, such as those who only lease space.
Nonprofit Corporation Equivalent of not for profit corporation. None of the income is distributed to members, directors, or officers. Organized under the Texas Business Organizations Code.
Nonprofit Corporation with Religious Affiliation An entity with nonprofit corporation status operated by, responsible to, or associated with an organization of individuals devoted to religious purposes. Does not include those whose relation with a religious organization is only for business, such as those who only lease space.
Nonprofit Association A combination of individuals and interests of some kind, synonymous with society, with operations devoted to charitable, benevolent, religious, patriotic, or educational purposes, not organized under the Texas Business Organizations Code.
Partnership A combination by contract of two or more people who use their money, labor, and skill to carry on a continuing business, dividing the profits and sharing the losses in an agreed manner. Includes general and limited partnerships.
Political Subdivision Includes any city, county, school district, junior college district, public health district and any political entity that is operated by and under the jurisdiction of a government unit that has distinct geographical barriers within the state of Texas, and is defined in part by its geographical area.
Sole Proprietorship Personal ownership with the legal right and responsibility to possess, operate, sell and otherwise deal with the operation. A sole proprietorship is just one person. Before Feb. 1, 2004, a sole proprietorship could include an operation owned in common by a husband and wife. A license issued to a husband and wife as a sole proprietorship before Feb. 1, 2004, may remain as a sole proprietorship until revoked or surrendered.
State-operated Operated by, under the direct jurisdiction of, and responsible to an agency of the state of Texas.