- 1100 DFPS Regulation Authority
- 1200 Application Security for CLASS and IMPACT
- 1300 Child Care Licensing Records
- 1400 State-Issued Equipment, Photographs, and Video
- 1410 Use of State-Issued Equipment
- 1420 Using Photographs, Video, and Scanned Information as a Regulatory Tool
- 1421 Using Audio as a Regulatory Tool
- 1422 Photographs and Video of Children
- 1423 Photographs of a Facility, House, Room, or Outdoor Area
- 1424 Inappropriate Use of Photographs or Video
- 1425 Taking Photographs That Present Better Evidence
- 1426 Overcoming an Operation's Resistance to Being Photographed
- 1430 Documenting and Storing Digital Photographs, Video, Scanned Information, and Audio from Inspections or Investigations
- 1440 Printing and Destroying Digital Photographs
- 1500 Conducting a Search in CLASS
- 1600 Validating an Address in CLASS
- 2100 Providing Information About Licensing Processes
- 2200 Types of Child Care Permits and Multiple Operations
- 2210 Permits Required for Child Day Care
- 2220 Permits Required for Residential Child Care
- 2230 Operating Multiple Day Care Services Under One Permit
- 2240 Operating a Child Care Home and a Day Care Center at One Location Under Two Licenses
- 2250 Operating More Than One Licensed Child Care Home
- 2260 Operations that are Not Contiguous
- 2270 Residential Child Care Operations that Also Provide Child Day Care
- 2280 State-Operated Facilities Exempt from Licensure
- 2300 Determining Whether a Program is Subject to or Exempt from Regulation
- 2310 Determining Whether a Program is Subject to Regulation
- 2320 Determining Whether a Program Is Exempt from Regulation
- 2321 Criteria Used to Determine if a Program is Exempt
- 2322 Processing the Exemption
- 2323 Documenting Exemption Decisions in CLASS
- 2324 Documenting Supplements to an Exemption Decision
- 2325 Closing an Exempt Program in CLASS
- 2330 When Exempt Programs Request Regulation
- 2340 Exempt Programs that Operate in the Same Locations as Regulated Operations
- 2350 Governmental Entities that are Exempt from HHSC Regulation
- 2360 Programs of Limited Duration that are Exempt from HHSC Regulation
- 2370 Educational Programs that are Exempt from Regulation by HHSC
- 2380 Miscellaneous Programs Exempt from HHSC Regulation
- 2390 Other Operations Exempt from HHSC Regulation
- 3100 Regulatory Process for Operations
- 3200 Processing the Application for a License Certificate, Compliance Certificate, Registration, or Listing Permit
- 3210 Orientation, Inquiry Meeting, or Pre-Application Interview
- 3211 When a Pre-Application Interview is Required
- 3212 Approved Locations for a Pre-Application Interview
- 3213 Topics Covered and Forms Provided During the Pre-Application Interview
- 3214 CLASS Documentation Requirements
- 3215 Handling Original Certificates of Completion
- 3220 Reviewing and Accepting the Application for a Permit
- 3221 Time Frame for Reviewing and Making a Decision on the Application
- 3222 How to Determine Whether the Applicant is Eligible to Apply
- 3223 Evaluating an Application for Completeness
- 3230 Withdrawal of an Application for a Permit
- 3210 Orientation, Inquiry Meeting, or Pre-Application Interview
- 3300 Process for Determining Whether to Issue or Deny a Permit
- 3310 Evaluating Before Issuing a Permit
- 3311 Checking the Sex Offender Registry
- 3312 Conducting Background Checks
- 3313 Inspecting the Operation (Except Listed Homes)
- 3313.1 Time Frames
- 3313.2 When to Announce an Application Inspection
- 3313.3 Abbreviated Inspection
- 3313.4 Evaluating Compliance
- 3313.5 Processing Controlling Person Submissions (Except Certified Operations)
- 3313.6 Confirming Fire, Sanitation and Gas Inspections (Except for Listed Homes and Child-Placing Agencies)
- 3320 Additional Activities to Complete for Applicants for a Licensed Residential Child Care Operation
- 3321 Public Notice and Hearing Requirements for Residential Licensing
- 3321.1 Entities Subject to the Requirement for Public Notice
- 3321.2 Child-Placing Agency Public Notice Requirements
- 3321.3 Public Notice Requirements for General Residential Operation Providing Human Trafficking Services
- 3321.4 When to Publish Notice
- 3321.5 Content Required in the Notice
- 3321.6 Holding the Public Hearing
- 3321.7 Licensing’s Role During the Hearing
- 3322 Report of Public Comment from the Community
- 3321 Public Notice and Hearing Requirements for Residential Licensing
- 3330 Additional Activities to Complete for a Licensed Child Day Care Operation
- 3400 Issuance of a Permit
- 3410 When to Issue a Permit
- 3420 How to Prepare the Permit
- 3421 How to Prepare an Initial License
- 3422 How to Prepare a Compliance Certificate
- 3423 How to Prepare a Registration and Listing
- 3424 Applying Additional Types of Conditions or Restrictions
- 3425 Amend the Permit When Necessary
- 3430 Recommending Denial of a Permit
- 3500 Steps to Take After Issuing the Initial License
- 3700 Denial of an Application for a Permit and Reapplying After Denial or Revocation
- 3800 Handling Changes in an Operation, Type of Permit, Location, and Ownership
- 3810 Circumstances That May Require Amending the Permit
- 3820 How to Evaluate and Process Amendments to a Permit
- 3830 Changes that Require an Application for a New Permit
- 3840 When Operations are Ineligible for Grandfather Provisions if Location or Ownership Changes
- 3900 Permit Renewal
- 3910 Overview of Permit Renewals
- 3920 Permit Renewal Application Process
- 3921 Notifying the Operation and Sending the Permit Renewal Application
- 3922 How an Operation Submits a Permit Renewal Application
- 3923 Time Frames for Reviewing a Permit Renewal Application
- 3924 Reviewing the Permit Renewal Application
- 3925 Accepting a Completed Renewal Application
- 3926 Rejecting a Renewal Application
- 3930 Expiration of a Permit
- 4100 Inspecting Child-Care Homes and Operations
- 4110 The Authority to Monitor Child Care in Texas
- 4120 Types of Inspections
- 4130 Minimum Requirements for Monitoring Inspections
- 4140 Preparing for Inspections
- 4150 Conducting Inspections
- 4150.1 Additional Requirements for All Inspections on Licensed Child Care Centers
- 4150.2 Additional Requirements for All Inspections on Registered Child Care Homes
- 4150.3 Additional Requirements for Monitoring Inspections on Residential Child Care Facilities
- 4150.4 Additional Requirements for Investigation Inspections
- 4150.5 Additional Requirements for Initial and Monitoring Inspections
- 4151 Operation Walk-Throughs
- 4152 Reviewing Restrictions, Conditions, Waivers, and Variances
- 4153 Reviewing Records at an Operation
- 4154 Technical Assistance
- 4155 Determining When a Deficiency Can Be Corrected at Inspection
- 4156 When an Inspection is Attempted
- 4157 Visiting an Operation to Conduct an Investigation Interview When the Operation is Not the Subject of the Investigation
- 4158 Avoiding Duplication of Child Day Care Inspections
- 4159 Handling Resistance or Refusal to Allow Inspection
- 4160 Documenting the Results of an Inspection
- 4161 Completing CLASS Form 2936 Child-Care Facility Inspection
- 4162 Finalizing Form 2936 and Synchronizing CLASSMate with CLASS
- 4163 Final Determination of Findings Left Pending During an Inspection
- 4164 Procedures When the Operation’s List of Controlling Persons Cannot Be Verified During the Inspection
- 4165 Completing a Supplemental Inspection Form
- 4170 Conducting the Exit Conference
- 4200 Citing Deficiencies with an Assessment
- 4300 Conducting a Follow-Up with an Operation
- 4400 Additional Regulatory Activities for Certain Types of Operations
- 4410 Monitoring Certified (State-Operated) Child Care Operations
- 4420 Monitoring Child-Placing Agencies
- 4430 Random-Sample Monitoring of CPA Foster Homes
- 4431 Using Random-Sampling Inspections to Regulate a Child-Placing Agency
- 4432 Selecting CPA Foster Homes for Random-Sampling Inspections
- 4433 Preparing for a Random-Sampling Inspection
- 4434 Scheduling Random-Sampling Inspections
- 4435 Conducting Random-Sampling Inspections at CPA Foster Homes
- 4436 Documenting and Sharing the Results of Random-Sampling Inspections
- 4437 Retaining Records of Random-Sampling Inspections
- 4440 Enforcement Team Conferences
- 4500 Evaluating Risk to Children
- 4700 Reviewing Operation Policies
- 4800 Risk Analysis
- 5100 Waivers and Variances
- 5200 Fees
- 5300 Reserved for Future Use
- 5400 Controlling Person
- 5410 Definitions of Terms Related to Controlling Persons
- 5420 When and How Applicants and Operations Submit Information on Controlling Persons
- 5430 Processing and Reviewing the Information on Controlling Persons Submitted by an Operation
- 5431 Processing Information on a Controlling Person Before Issuing a Permit
- 5432 Processing Information on New Controlling Persons When Submitted by an Operation that Has a Permit
- 5433 Reviewing Form 2760 Controlling Person-Child Care Licensing for Completeness
- 5434 Reviewing Controlling Person Information Submitted Online
- 5434.1 Invalidating an Online Controlling Person Submission Before Conducting a Search of the CLASS
- 5434.2 Reviewing the Submission for a Social Security Number
- 5434.3 Conducting Searches in CLASS for an Existing Controlling Person Record
- 5434.4 Invalidation Reasons that Require a Search of the CLASS Before the Submission Can Be Invalidated
- 5435 If the Controlling Person Submission Did Not Include a Social Security Number
- 5440 Conducting Searches for Controlling Persons in the CLASS and AARS System and Adding Controlling Persons to CLASS
- 5450 Determining and Documenting the Eligibility of a Controlling Person
- 5460 Notifying an Applicant, Permit Holder, or Controlling Person About a Person’s Eligibility to Serve as a Controlling Person
- 5470 Additional Duties of Inspectors in Relation to Controlling Persons
- 6100 Overview of Investigations
- 6200 Receiving, Assessing and Processing Intake Reports
- 6210 Reports Received From the Department of Family and Protective Services (DFPS)
- 6220 Reports Received by Licensing Offices
- 6221 Entering an Intake Report in CLASS
- 6222 Referring Reports Received in Licensing Offices to Statewide Intake
- 6230 Assessing an Intake Report
- 6240 Assessing an Intake Report for Priority
- 6250 Assessing an Intake Report for Allegation Types in CLASS
- 6251 Allegation Involving a Child Under the Age of 6 (Child-Placing Agency Only)
- 6260 Identifying New Reporters During an Investigation
- 6270 Special Types of Intake Reports
- 6280 Referring a Report of Abuse, Neglect, or Exploitation for Investigation When New Allegations are Received During an Investigation
- 6300 Preparing for the Investigation
- 6310 Preparing the Investigation in CLASS
- 6320 Contacting the Reporter
- 6330 Assessing the Immediate Safety of Children
- 6340 Notifying the Operation of an Investigation
- 6400 Conducting the Investigation
- 6420 Conducting Interviews
- 6421 Observing and Interviewing Children
- 6421.1 Interview Takes Place Before Receipt of Intake Report
- 6421.2 Observing and Interviewing a Child Related to a Child Care Provider
- 6421.23 Obtaining Separate Consent When Conducting Investigations with Other Entities
- 6421.3 Notifying a Parent of a Child Interviewed During an Investigation (Day Care Only)
- 6421.4 Age and Ability Requirements for Observing and Interviewing Children
- 6422 Interviewing Adults
- 6423 Recording Interviews
- 6424 Requesting a Courtesy Interview
- 6425 Interviewing Persons with Limited English Proficiency
- 6421 Observing and Interviewing Children
- 6430 Conducting Inspections
- 6440 Collecting Evidence
- 6441 Collecting Evidence Related to Interviews
- 6442 Taking Photographs as Evidence
- 6443 Obtaining Written Documents as Evidence
- 6450 Conducting Surveillance (Day Care Only)
- 6460 Handling Obstruction of an Investigation
- 6520 Investigations of Matches to the Database of Sex Offenders
- 6530 Investigations of Illegal Operations
- 6531 Conducting Searches
- 6532 Prioritizing Investigations of Illegal Operations
- 6533 Initiating the Investigation of an Illegal Operation
- 6534 Conducting the Investigation of an Illegal Operation
- 6535 Obtaining Consent to Enter an Illegal Operation
- 6536 Requesting an Illegal Operation to Cease Operating
- 6537 Procedures When an Alleged Illegal Operation is Determined to be Not Subject to Regulation
- 6538 Risk Based Follow-Up Actions for Illegal Operation Investigations
- 6539 Documentation of Investigations of Illegal Operations
- 6540 Investigations Conducted as Desk Reviews
- 6600 Completing the Investigation
- 6700 Documenting the Investigation
- 6800 Recommending Action as a Result of Investigation Findings
- 6900 HHSC Responsibilities in DFPS Investigations
- 6910 Responsibilities of HHSC Licensing Staff
- 6920 Reclassifying Intake Reports
- 6930 Risk Assessments for DFPS Investigations
- 6940 Citing Deficiencies for a DFPS Investigation
- 6950 Documenting During a DFPS Investigation
- 6960 Notifications for a DFPS Investigation
- 6970 Recommending Actions Following a DFPS Investigation
- 6980 Closing the DFPS Investigation in CLASS
- 6990 Special Consideration for DFPS Investigations of Alleged Illegal Operations
- 7100 Overview of Voluntary Actions and Enforcement Actions
- 7200 Handling Immediate Danger to Children
- 7300 Voluntary Actions of the Operation
- 7310 Withdrawal of an Application
- 7320 Temporary Relocation
- 7330 Voluntary Suspension
- 7340 Voluntary Closure
- 7350 Plan of Action
- 7351 Criteria for Recommending a Plan of Action
- 7352 Staffing and Initiating a Plan of Action
- 7353 Meeting with an Operation to Review a Plan of Action
- 7354 Documenting the Plan of Action in CLASS
- 7355 Starting a Plan of Action
- 7356 Inspecting an Operation During a Plan of Action
- 7357 Ending a Plan of Action
- 7400 Corrective Action
- 7410 Criteria for Imposing Corrective Action
- 7420 Staffing a Corrective Action
- 7421 Documenting the Corrective Action and Creating the Corrective Action Letter in CLASS
- 7422 Meeting with an Operation About a Corrective Action
- 7423 Requesting or Waiving the Right to an Administrative Review of a Corrective Action
- 7424 Starting a Corrective Action
- 7425 Inspecting an Operation During a Corrective Action
- 7426 Conducting Surveillance During Corrective Action
- 7427 Staffings During Corrective Action
- 7428 Ending Corrective Action
- 7500 Administrative Penalties
- 7510 Legal Basis to Impose Administrative Penalties
- 7520 Assessing the Need for an Administrative Penalty
- 7530 Recommending the Administrative Penalty
- 7531 When to Recommend the Administrative Penalty
- 7532 How to Document the Recommendation to Impose the Administrative Penalty
- 7533 Supervisor and Legal Review of the Recommendation to Impose an Administrative Penalty
- 7534 Sending Notification of the Recommendation to Impose an Administrative Penalty
- 7535 Reviewing the Status of Administrative Reviews for Minimum Standard or Rule Violations Identified in the Administrative Penalty
- 7540 Issuing the Order to Pay an Administrative Penalty
- 7550 Due Process Rights for Administrative Penalties
- 7560 Payment and Nonpayment of Administrative Penalties
- 7600 Adverse Actions
- 7610 Defining Adverse Action
- 7620 Criteria for Taking Adverse Action
- 7630 Taking Adverse Action
- 7631 Notice of Intent to Deny, Revoke, or Suspend
- 7631.1 When Immediate Intervention Is Warranted at an Operation
- 7631.2 Creating the Notification of Intent Letter
- 7631.21 Requirements if the Action Taken is Denial
- 7631.22 Requirements When the Operation Has Been on Corrective Action or Suspension
- 7631.23 Requirements if the Action Taken is Revocation or Suspension and There is Risk to the Health or Safety of Children
- 7631.24 Notifying an Operation About the Requirements For Informing the Public About an Adverse Action
- 7631.25 Notifying an Operation About the Right to Request an Administrative Review
- 7631.26 Notifying an Operation About the Restrictions on Reapplying for a Permit
- 7631.27 Notifying an Operation About Restrictions on Controlling Persons
- 7631.31 When The Operation is Required to Close Immediately
- 7632 Administrative Review for Adverse Action
- 7633 Notice of Decision to Deny, Revoke, or Suspend an Application or Permit
- 7633.1 Creating the Decision to Impose Adverse Action Letter
- 7633.11 Requirements if There is Immediate Risk to Children
- 7633.12 Right to Appeal
- 7633.13 Notifying an Applicant Who is Denied or Revoked About the Restrictions on Reapplying
- 7633.14 Notifying an Operation About a Controlling Person’s Right to Request a Hearing
- 7633.15 Failure to Close the Operation
- 7633.16 Posting Requirements
- 7633.2 Notifying Other State Agencies
- 7633.3 Updating the Operation’s Status in CLASS
- 7633.1 Creating the Decision to Impose Adverse Action Letter
- 7634 Inspecting During the Suspension, Revocation, or Denial Process
- 7635 Sending an Operation Final Notice of Suspension, Revocation, or Denial
- 7636 Follow-Up to Suspension, Revocation, or Denial
- 7637 Emergency Suspension and Closure
- 7637.1 Completing the Order for Emergency Suspension and Closure
- 7637.2 Writing the Letter for Emergency Suspension and Closure
- 7637.3 Delivering the Order and Letter for Emergency Suspension and Closure
- 7637.4 Complete an Affidavit
- 7637.5 Implementation of Revocation
- 7637.6 The Operation’s Notification Requirements
- 7637.7 Update Operating Status
- 7638 Follow-Up to Emergency Suspension and Closure
- 7631 Notice of Intent to Deny, Revoke, or Suspend
- 7700 Legal Actions When an Operation Disagrees with the Actions of an Inspector
- 7710 Administrative Reviews
- 7711 The Right to an Administrative Review
- 7712 Roles for Conducting an Administrative Review
- 7713 Receiving a Request for an Administrative Review
- 7713.1 Determining Whether a Request for an Administrative Review Meets the Due Date
- 7713.2 Determining Whether a Request for an Administrative Review Is Complete
- 7713.21 When a Request for an Administrative Review is Complete
- 7713.22 When a Request for an Administrative Review is Incomplete
- 7713.23 Determining Whether the Information Missing From a Request for an Administrative Review is Received by the Due Date
- 7713.24 When the Information Missing From a Request for an Administrative Review is Received by the Due Date
- 7713.25 When the Information Missing From a Request for an Administrative Review is Not Received by the Due Date
- 7714 Initiating Contact with the Requestor of an Administrative Review
- 7715 Conducting an Administrative Review Conference
- 7716 Deciding the Outcome of an Administrative Review
- 7717 Notifying a Requestor About the Outcome of an Administrative Review
- 7720 Hearings Concerning Child Abuse, Neglect, or Exploitation Findings
- 7730 Due Process Hearings
- 7740 Injunctive Relief
- 7750 Civil and Criminal Penalties
- 7760 Settlement of Legal Case
- 7770 Administrative Review and Due Process Hearing for a Designated Controlling Person
- 7771 Choosing the Persons to Designate as Controlling
- 7772 Process of Providing an Administrative Review of the Designation as a Controlling Person
- 7772.1 Adverse Action Is Overturned, Stopped, or Results in a Settlement
- 7772.2 No Administrative Review Requested by a Controlling Person
- 7772.3 Decision to Designate a Controlling Person is Overturned
- 7772.4 Decision to Designate a Controlling Person is Upheld
- 7772.5 Notifying Persons About Licensing’s Decision to Designate a Controlling Person
- 7772.51 Content of CLASS Form 2763 (Controlling Person Administrative Review Decision Letter)
- 7772.52 Instructions for Requesting a Due Process Hearing to Appeal the Designation of Controlling Person
- 7772.53 Consequences of a Controlling Person Not Responding to a Letter About the Right to Appeal (CLASS Form 2763)
- 7772.54 Enclosures When Instructing a Person About the Right to Appeal a Designation as Controlling (CLASS Form 2763)
- 7772.55 Delivering the Letter Notifying a Person About the Right to Appeal a Designation as Controlling (CLASS Form 2763)
- 7773 Providing a Due Process Hearing for a Designated Controlling Person
- 7774 Documenting in the AARS When the Denial or Revocation of a Permit is Final or the Role of Controlling Person is Sustained
- 7710 Administrative Reviews
- 7800 Automatic Actions
- 8100 Information for General Release
- 8200 Protecting Confidential Information
- 8300 Responding to Requests From Parents and Managing Conservators
- 8400 Responding to Requests from HHSC/DFPS Staff and Other Agencies
- 8500 Releasing Information to the Media
- 8600 Responding to Requests from Legislators
- 8700 Responding to Requests from Disability Rights Texas
- 9100 Overview of the Administrator’s License Program
- 9200 Application for an Administrator’s License
- 9210 Reviewing an Application Packet for an Administrator’s License
- 9211 Additional Documentation Requirements for Expedited Licensure
- 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
- 9211.2 Expedited Licensure if the Applicant is a Military Member, Veteran, or Spouse of a Military Member or Veteran
- 9212 Applicants Who Have an Administrator’s License from Another State
- 9213 Special Considerations for an Applicant Who is a Military Member, Spouse, or Veteran
- 9211 Additional Documentation Requirements for Expedited Licensure
- 9250 Issuance of a Provisional Child Care Administrator’s License
- 9210 Reviewing an Application Packet for an Administrator’s License
- 9400 Issuing a Child-Care Administrator’s License
- 9500 Renewing an Administrator’s License
- 9600 Emeritus Status for an Administrator’s License
- 9700 Remedial Action on an Administrator’s License
- 9800 Storing and Purging Closed Records for an Administrator’s License
- 9900 Reports and Directories for the Licensed Administrator Program
- 10100 Overview of Background Checks
- 10110 Overview of Staff Responsibilities for Background Checks
- 10120 Persons for Whom Operations Must Submit Requests for Background Checks
- 10130 Persons for Whom Operations Do Not Submit Requests for Background Checks
- 10140 Types of Background Checks
- 10150 Types of Background Checks Required
- 10160 When Background Checks Must Be Submitted
- 10170 Submitting Background Check Requests
- 10180 Initiating Background Checks
- 10190 When an Operation May Allow a Person to be Present at the Operation
- 10200 Conducting DFPS Central Registry Searches
- 10210 Central Registry Searches
- 10220 How Central Registry Matches are Determined
- 10230 Actions While Reviewing an Abuse or Neglect Investigation
- 10240 Acting on Abuse or Neglect Findings in the DFPS Central Registry
- 10250 Handling Unsustained Central Registry Findings
- 10251 DFPS Findings Before April 16, 1999
- 10252 DFPS Findings After April 16, 1999
- 10253 Assessing Risk for an Emergency Release
- 10254 Emergency Release of Findings Based on Immediate Risk
- 10255 Notifying the Designated Perpetrator
- 10256 Due Process Hearing Actions
- 10256.1 Actions Taken When No Due Process Hearing is Requested
- 10256.2 Actions Taken When a Due Process Hearing is Requested
- 10256.3 Role of the Legal Division in Due Process Hearings and Related Actions
- 10256.4 When the Finding is Sustained in the Due Process Hearing
- 10256.5 When the Finding is Overturned in the Due Process Hearing
- 10260 Handling Sustained Central Registry Findings
- 10300 Conducting Criminal History Checks
- 10400 Risk Evaluation of Criminal History or Findings of Child Abuse or Neglect
- 10410 Persons Who are Eligible or Ineligible for a Risk Evaluation
- 10420 Information Required for Risk Evaluations
- 10430 Requests for Risk Evaluations
- 10440 Making a Risk Evaluation Decision
- 10450 Documenting Risk Evaluations
- 10460 When a Risk Evaluation Expires
- 10470 Obtaining a Risk Evaluation Prediction for Applicants for a Permit
- 10500 Notification of Background Check Determination
- 10600 Handling Disputed Background Check Determinations
- 10700 Determining Compliance with Background Check Requirements
- 10710 Evaluating an Operation’s Adherence to Submission and Eligibility Requirements
- 10720 Evaluating an Operation’s Adherence to Conditions
- 10730 Inactivating a Person’s Role or Employment
- 10740 Validating the Employee List
- 10750 Handling Court Orders
- 10760 When to Deny or Revoke a Permit Based on Criminal History or Child Abuse or Neglect History