December 2020

 

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abuse and neglect investigation: See DFPS Investigation.

administrative review: An informal review that CCR conducts when certain individuals or operations dispute a specific CCR decision or action in order to determine whether the decision or action was appropriate under applicable rule or other law. See 40 TAC, Subchapter M, Division 1, Administrative Reviews.

administrator: See child care administrator.

adjacent to the premises: See nearby.

adverse actions: A type of enforcement action that CCR may impose to enforce the requirements in rules, minimum standards and statute. This action may require the closure of an operation, the addition of permanent restrictions or conditions to a permit, or both. The specific types of adverse actions include: denial, adverse amendment, suspension, revocation and refusal to renew a permit. See 26 TAC, Chapter 745, Subchapter L, Division 3, Adverse Actions.

affinity: Related by marriage, as set forth in the Texas Government Code §573.024. See 26 TAC §745.21(2).

after-school hours: The hours before or after the customary school day.

agency: See child-placing agency.

agency foster home: See CPA foster family home and CPA foster group home.

ALJ: The administrative law judge appointed by the State Office of Administrative Hearings to conduct due process hearings. See SOAH.

applicant: An individual or entity that is applying for a permit.

APS: Adult Protective Services.

ARIF: Administrative review of investigation findings.

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.

 

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background checks:  A search of a specific database to determine if an individual meets requirements in the Texas Administrative Code for being eligible to be present at a child care operation. HHSC will check the specific databases required in rule based on the role of the person at the operation that requests the overall check. Overall, there are several types of background checks that fall in one of these broad categories:

  • criminal history;
  • sex offender registry; and
  • child abuse, neglect and exploitation history.

See 26 TAC, Chapter 745, Subchapter F, Division 2, Requesting Background Checks.

branch office: Space used by a child-placing agency (CPA) as an office for child placement staff and to house the master records for children, foster homes, and adoptive homes. A branch office is located at a different location than the main location for which the CPA is licensed or certified. See 26 TAC §749.301.

 

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capacity: The maximum number of children that a permit holder may care for at one time. See 26 TAC §745.21(3).

caregiver: A person whose duties include the supervision, guidance, and protection of a child or children. See 26 TAC §§745.21(4), 748.43(5) and 749.43(8).

CCI: Child Care Investigations. The DFPS division that investigates allegations of child abuse, neglect and exploitation in child care operations.

CCL: See Child Care Regulation (CCR).

CCR: See Child Care Regulation.

center-based: A type of child day care in which the operation is licensed to care for seven or more children for less than 24 hours per day. A center-based operation is subject to the requirements set forth in 26 TAC Chapter 746 Minimum Standards for Child-Care Centers.

central administrative location: Personnel records or office space at a location other than the address on the face of the child day care permit.

Central Registry: A database of persons who have been found by DFPS or HHSC to have abused or neglected a child. Searches are done through IMPACT to determine whether a person is included in the Central Registry. See 40 TAC, Chapter 702, Subchapter C, Child Abuse and Neglect Central Registry.

Central Registry match: Finding a person listed in the Central Registry when conducting a search.

certificate: A type of permit issued by CCR to child care operations that are operated by the state.

certification: The type of permit that CCR issues to state-operated child care operations. See Texas Human Resources Code §42.052.

certificate of occupancy:  A certificate of occupancy is a legal document that a building department or local government gives to a business to certify that a commercial building, office space or other working space complies with local codes. It also certifies that the building is fit for occupancy.

certified operation: A child care operation that is operated by a state agency that must comply with all regulations that apply to licensed operations of the same category. See Texas Human Resources Code §42.052.

child: A person under 18 years of age. See Texas Human Resources Code §42.002(1).

child/caregiver ratio: The maximum number of children for whom one caregiver can be responsible. See 26 TAC §§744.1501; 746.1501; 747.1601; 748.1001; 749.2563.

child care administrator: A person who supervises and exercises direct control over a residential child care operation that has a permit to serve seven or more children, and who is responsible for the operation’s program and personnel, regardless of whether he or she has an ownership interest in the operation or shares duties with anyone. See 26 TAC §745.8901 and §748.535.

child care center: A child day care operation that is licensed to care for seven or more children for less than 24 hours per day, at a location other than the permit holder’s home. A child care center is subject to the requirements set forth in 26 TAC §746.123(14).

child care home: See registered child care home and licensed child care home. A registered or licensed child care home is subject to the requirements set forth in 26 TAC, §747.123(14) Minimum Standards for Child Care Homes.

child care facility: An establishment subject to regulation by HHSC that provides assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the establishment operates for profit or charges for its services. A child care facility includes the people, administration, governing body, activities on or off the premises, operations, buildings, grounds, equipment, furnishings and materials. This term does not include child-placing agencies and listed family homes. See 26 TAC §745.21(6).

Child Care Licensing (CCL or Licensing): See Child Care Regulation (CCR).

Child Care Licensing Legal Enforcement Department: The Child Care Licensing section of the HHSC Legal Services Division, Enforcement Department.

Child Care Regulation (CCR): The department within HHSC Regulatory Services Division that regulates child day care and residential child care operations and other child care activities, as well as child care administrators and child-placing agency administrators.

Child Care Regulation (CCR) statute: Chapter 42 of the Human Resources Code.

child day care: The care, supervision, training, or education of an unrelated child or children under 14 years old for less than 24 hours per day that occurs in a place other than the child’s own home. This definition includes child day care provided to school-age children before the customary school day, after the customary school day, or both. See 26 TAC §745.33.

child-placing agency (CPA): A person, including an organization, other than the parents of a child who plans for the placement of or places a child in a child care operation or adoptive home. A CPA is a licensed residential child care operation that may verify and regulate its own homes subject to HHSC regulation. See 26 TAC §§745.21(8) and 745.37.

child-placing agency administrator: A person who supervises and exercises direct control over a child-placing agency, and who is responsible for the operation’s program and personnel, regardless of whether he or she has an ownership interest in the operation or shares duties with anyone. See  26 TAC §745.8903 and §749.635.

children’s records: Information a child care operation is required to maintain on the children in the operation’s care.

child sexual aggression: Sexual behavior in which a child takes advantage of a younger or less powerful child through seduction, coercion, or force in accordance with the following definitions:

  • Less powerful is defined as differences in developmental level, physical stature, cognitive ability or social skills.
  • Seduction is defined as the use of charm, manipulation, promises, gifts or flattery to induce a child to engage in sexual behavior.
  • Coercion is defined as the exploitation of authority or the use of bribes, threats of force or intimidation to gain cooperation or compliance.
  • Force is defined as the threat or use of physical or emotional harm toward a child or someone or something a child cares about.

children who are related to the caregiver: Children who are the children, grandchildren, siblings, great-grandchildren, first cousins, nieces or nephews of the caregiver, whether by affinity (marriage), consanguinity (blood) or as the result of a relationship created by court decree. See the Texas Government Code §§573.022 and 573.024, and 26 TAC §745.21(9).

CLASS: Child Care Licensing Automation Support System. A computer application used by CCR staff for record management.

CLASS designee: An employee assigned a specific task in a caseload belonging to another employee for a specified amount of time. Designee status in CLASS allows the designee to access cases and system functions assigned to the designating individual. Designees may be assigned tasks not routinely associated with their job position (for example, serving as an acting supervisor while the actual supervisor is on leave). Designee status is time-limited.

CLASSMate: The mobile version of the Child Care Licensing Automated Support System (CLASS). CLASSMate allows CCR staff to document activities related to inspections and investigations of operations in real time, without being connected to the network.

compensation: Anything of value received in exchange for the care of a child.

complete application: A packet of materials submitted by an applicant that contains all of the documentation required to apply for a permit.

condition: A special requirement imposed on a permit to allow or prohibit an action by an operation. A condition is imposed when circumstances warrant it, due to one or more of the following: a risk to children, a requirement in the minimum standards for residential child care, or a deficiency in complying with applicable minimum standards. A condition is similar to but different from a restriction on the permit.

controlling person: A person who, either alone or in connection with others, has the ability to directly or indirectly influence or direct the management, expenditures, or policies of an operation. See 5411 Definition of a Controlling Person.

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.

corrective action: A type of enforcement action that CCR may impose to address an operation’s deficiency without requiring it to close. Corrective action is not imposed against listed family homes. As of September 1, 2019, probation is the only type of corrective action. See 26 TAC §§745.8603 and 745.8631.

corrective action plan: A plan used to remedy the deficiencies of an operation that is on probation.

CPA foster family home (agency foster family home): A home under the regulation of a child-placing agency that is the primary residence of the foster parents and provides care for six or fewer children or young adults for 24 hours a day. A foster family home may temporarily increase the capacity to seven or eight children under certain circumstances. The child-placing agency, not CCR, is responsible for issuing verifications and ensuring that the foster family homes the CPA regulates meet CCR rules and minimum standards. See 26 TAC §745.37, §749.43(25) and §749.2551.

CPA foster group home (agency foster group home): An operation under the regulation of a child-placing agency that provides care for seven to 12 children or young adults for 24 hours a day. The child-placing agency, not CCR, is responsible for issuing verifications and ensuring that the foster group homes the CPA regulates meet CCR rules and minimum standards. CPA foster group homes verified after January 1, 2007, must be the primary residence of the foster parents. A CPA may not verify a new foster group home after August 31, 2017. See 26 TAC §745.37, and §749.43(26).

CPI: Child Protective Investigations. The DFPS division that investigates allegations of child abuse and neglect by a person responsible for the child's care, custody or welfare as defined in Texas Family Code §261.001(5)(A)-(C).

CPS: Child Protective Services.

critical injury: See near fatal injury.

customary school day: The hours of the educational program that the local public school administration has identified to the Texas Education Agency (TEA) as the local system’s customary school day.

 

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date to date: A time frame calculated by the number of days between the last action and the next required action. For instance, February 5 to March 5.

day care center: A day care center is now licensed as a child care center and must follow 26 TAC Chapter 746, Minimum Standards for Child Care Centers. See 26 TAC §745.37.

days: In this publication, as in 26 TAC, Chapter 745, all days are calendar days unless otherwise specified.

deferred adjudication: A type of finding in criminal court.  There are two situations in which someone may receive deferred adjudication:

  1. The person pleads no contest. The judge decides that it is in the best interest of the community for the person not to serve a jail term but to do community work, and says that when this is complete the record will not show the person’s name in connection with a criminal activity if the person has the record expunged.
  2. Person pleads guilty (whether before judge or full jury). The judge decides it is not in the best interest of the community to have this person serve a jail term. Instead the judge assigns some community or other work, and at the finish the person’s name is removed from the record of criminal activity if the person has the record expunged.

deficiency: Any failure to comply with an administrative rule, minimum standard, statute, a specific term of a permit, or a condition of evaluation, probation, or suspension. Also referred to as a violation. See 26 TAC §745.21(13).

designated controlling person: A temporary status that HHSC gives to a controlling person:

  • after HHSC notifies the operation of the intent to revoke the operation’s permit or the operation relinquishes its permit or closes after receiving notice of the revocation; but
  • before the person has exhausted his or her due process rights regarding the controlling-person designation.

 A person whom HHSC designates as controlling may or may not be someone whom the operation had identified as having that status. See 26 TAC §745.905.

designated perpetrator: A person who is listed in the DFPS Central Registry and is found by DFPS or HHSC Provider Investigations (PI) to have abused or neglected a child, but who has not exhausted his or her right to an administrative review or due process hearing. See 26 TAC §745.731(a) and Texas Family Code §261.401.

designee: See governing body designee.

designee status in CLASS: See CLASS designee.

designee status in IMPACT: See IMPACT designee.

determination of immediate threat: A determination made by HHSC that the presence of the person constitutes an immediate threat or danger to the health, safety or well-being of children in the care of a child care operation. This determination is based on the consideration of several factors and will prevent the person from being present at the child care operation. If the person is associated with a foster or adoptive home, HHSC releases the determination to the child-placing agency. See 26 TAC §745.751.

DFPS Investigation: An investigation conducted by the Department of Family and Protective Services (DFPS) of reports of abuse or neglect that allege a child in care of an operation was or may be harmed because of an act or omission by a person working under the supervision of a child care operation. Such harm must meet the definitions of abuse, neglect, or exploitation, as described in the Texas Family Code §261.001. DFPS also investigates reports of exploitation that allege a person working under the auspices of an operation engaged in illegal or improper use of a child or used a child’s resources for monetary or personal benefit, profit, or gain.

director: The adult designated to have the daily on-site responsibility for the operation of the licensed child day care center operation, including maintaining compliance with the minimum standards and CCR laws. See 26 TAC §746.1001.

discipline: A form of guidance that is constructive or educational in nature and appropriate to the child’s age, development, situation, and severity of behavior.

disposition: Action taken or recommended on an operation’s licensing status as a result of the findings of an investigation or inspection.

district attorney: An attorney who represents the state in felony, civil, and criminal trials that are heard in district court.

district court: Felonies and civil cases are heard in district court and are prosecuted by the district attorney.

district director (DD): The HHSC manager responsible for overseeing the day care or residential CCR program at the district level. Also referred to as regional director (RD).

docket clerk: The legal assistant in the Child Care Regulation section of the HHSC Legal Services Division, Enforcement Department who is designated as the docket clerk.

due process hearing: A formal legal proceeding to determine whether a CCR decision or action taken was appropriate. The hearings are conducted before an administrative law judge from the State Office of Administrative Hearings (SOAH). See 40 TAC §745.8831.

 

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emergency behavior intervention: Interventions used in an emergency situation, including personal restraints, mechanical restraints, emergency medication, and seclusion.

emergency release:  See determination of immediate threat.

employee: Any person who is employed by or contracts with the permit holder, including but not limited to caregivers, drivers, kitchen personnel, maintenance and administrative personnel, and the center or program director. See 26 TAC §745.21(16).

employee records: See personnel records.

endanger: To expose a child to a situation where physical or mental injury to a child is likely to occur. See 26 TAC §745.21(17).

enforcement actions: Actions CCR may impose if an operation is deficient in a minimum standard, rule, law, specific term of a permit, or condition of probation or suspension. There are four types of enforcement actions; voluntary and corrective, adverse, judicial, and monetary actions. See 26 TAC §§745.8601 and 745.8603.

Enforcement attorney for Child Care Licensing: An attorney in the Child Care Regulation section of the HHSC Legal Services Division, Enforcement Department.

evaluation: A type of corrective enforcement action that CCR could impose prior to September 1, 2019. See 26 TAC §745.8631(2).

exempt from regulation: Certain facilities or programs can operate legally without receiving a permit from CCR. A facility or program exempt from regulation is not required to comply with licensing statutes and rules. See 260 TAC §745.111.

exploitation: As defined in the Texas Family Code §261.001(3).

 

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family member: An individual related to another individual within the third degree of consanguinity or affinity.

felony: An offense which violates the penal code. Felony offenses are heard in district court. Felonies are classified according to the relative seriousness of the offense. From least to most serious the classifications are: state jail felony, third degree felony, second degree felony, first degree felony, and capital felony.

field trip: A group activity conducted away from the operation.

finding: The determination of whether  there was a violation of a minimum standard, administrative rule or statutes. See 26 TAC §745.21(19).

fingerprint-based background checks – The FBI background check that is conducted using a person’s fingerprints.

forms: See forms page of the HHS internet.

foster group home: see CPS foster group home.

foster family home (independent): A licensed operation that provides residential child care for six or fewer children up to the age of 18 years. An independent foster family home is not affiliated with a CPA, but is monitored and regulated directly by the HHSC Licensing Division. See CPA foster family home for a home verified (monitored and regulated) by a child-placing agency (CPA). HHSC may not issue a new license to an independent foster family home after August 31, 2017. See 26 TAC §745.37.

foster group home (independent): A licensed operation that provides residential care for seven to 12 children up to the age of 18 years. An independent foster group home is not affiliated with a CPA, but is monitored and regulated directly by the HHSC Licensing Division. See CPA foster group home for a home verified (monitored and regulated) by a child-placing agency (CPA). HHSC may not issue a new license to an independent foster group home after August 31, 2017. See 26 TAC §745.37.

full permit:  Includes a listing, registration, certification, compliance certificate or a full license. An initial license is not a full permit. A full permit is valid as long as:

  • it is not automatically suspended or revoked as provided in Chapter 42, Human Resources Code;
  • CCR does not suspend, revoke or refuse to renew it; or
  • the operation does not relinquish it and close.

full time: At least 40 hours per week, as relating to the working hours for staff at a child care operation.

 

 

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general residential operation (GRO): A child care facility that provides care for more than seven children for 24 hours a day, including facilities known as residential treatment centers and emergency shelters. See 26 TAC §748.43.

get-well care: A program that may be offered in a licensed child care center. The program provides care for children who are ill as specified in Chapter 746, Minimum Standards for Child-Care Centers. See 26 TAC §§746.3101 - §746.3123.

governing body: The entity with ultimate authority and responsibility for the operation. See 26 TAC §745.21(22).

governing body designee: The person who is named on an application as the designated representative of a governing body, and who is officially authorized by the governing body to speak for and act on its behalf in a specified capacity. See 26 TAC §745.21(23).

group day care home (GDCH): Before September 1, 2003, this was a child day care operation licensed to provide care for seven to 12 children, birth through 13 years. A GDCH is now licensed as either a child care center or a child care home. Some minimum standard rules grandfather certain requirements for GDCHs licensed before September 1, 2003. See 26 TAC §745.37.

group of children: Children assigned to a specific caregiver(s). Generally, the group stays with the assigned caregiver(s) throughout the day and may move to different areas throughout the operation.

guardian: A person appointed by the court to have care of the person or property of another.

 

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HHSC: Texas Health and Human Services Commission.

home-based: A type of child day care in which the operation is licensed or registered to care for up to 12 children for less than 24 hours per day. A home-based operation is subject to the requirements set forth in 26 TAC Chapter 747, Minimum Standards for Child-Care Homes. This does not include listed family homes. Listed family homes do not have minimum standards.

household member: An individual, other than the caregiver(s), who resides in an operation. See 26 TAC §745.21(24).

 

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illegal operation: See unregulated operation.

IMPACT: Information Management Protecting Adults and Children in Texas, a computer application used by DFPS staff for case management.

impairment: In most instances, an impairment prevents the injured person from performing one or more of their usual and customary daily activities or makes the task of daily activities more difficult.

Interstate Compact on the Placement of Children (ICPC): An agreement among U.S. states and territories that regulates the placement of children across state lines.

immediate danger: A situation at an operation in which risk to children is so extreme that immediate intervention is warranted and continued operation under those conditions would place children at an unacceptable level of risk.

indictment: A finding made by a grand jury regarding a felony offense only.

infant: A child from birth to 17 months.

initial background check – The first background check that an operation requests on a person who is required to undergo a background check.

initiation: The first action taken by CCR staff to obtain additional information regarding the allegations made in a report to CCR. Initiation may include making contact with the operation, the victim, a collateral source, or the reporter.

injunction: A court order that requires a person to do or refrain from doing a specified act or acts. The injunction may be temporary or permanent.

inspection: The physical presence of CCR staff at an operation to determine an operation’s compliance with the CCR law and HHSC rules.

investigations: Steps taken by CCR staff to determine the validity of a report alleging violation of the law or minimum standards.

 

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judicial actions: A type of enforcement action. A court may impose judicial actions, including closure, when Licensing requests a court order to address a deficiency. The two types of judicial actions are temporary restraining order (TRO) and temporary or permanent injunction. See 26 TAC §§745.8603(a)(3) and 745.8681.

 

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kindergarten age: At least five years of age on September 1. See 26 TAC §745.101(1).

 

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license: A type of permit issued by CCR stating that an operation has met applicable statutes, administrative rules, and minimum standards and may operate. Licenses are issued to all operations except certified operations, listed family homes, registered child care homes and CPA homes.

licensed child care center: See child care center.

licensed child care home: A child day care home that is licensed. The primary caregiver provides care in the caregiver’s own residence for children from birth through 13 years. The total number of children in care varies with the ages of the children, but the total number of children in care at any given time, including the children related to the caregiver, must not exceed 12.  A licensed home must follow Texas Administrative Code Chapter 747, Minimum Standards for Child Care Homes. A licensed child care home is referred to as “group day care home” in Chapter 42, Texas Human Resources Code Chapter 42. See 26 TAC §747.111.

licensee: The holder of a license.

Licensing: See Child Care Regulation (CCR).

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 (LLP): 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.

limited partnership (LP): A partnership formed by two or more persons under the laws of Texas. The LP has one or more general partners and one or more limited partners.

listed family home: A child day care operation that receives a listing permit. The caregiver is at least 18 years old and provides care for compensation in the caregiver’s own home, for three or fewer children unrelated to the caregiver, birth through 13 years. Care is provided for at least four hours a day, three or more days a week, and for more than three consecutive weeks. The total number of children in care, including children related to the caregiver, may not exceed 12. See 26 TAC §745.37.

 

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managing conservator: A relationship appointed by court order between a child and a parent, competent adult, authorized agency, or licensed child-placing agency. A managing conservator has rights and duties to make decisions for and about a child as prescribed in the Texas Family Code and as determined by court order. See Texas Family Code §101.019.

master record: The compilation of all required records for a specific person or home, such as a master personnel record, master case record for a child, or a master case record for a foster or adoptive home.

military member:  A person who is currently on active duty in the armed forces (army, navy, air force, coast guard, and marine corps) of the United States, in a reserve component of the armed forces of the United States, including the National Guard, or in the state military service of any state (such as the Texas National Guard or the Texas State Guard).

military spouse: A person married to a military member.

military veteran: A person who has served as a military member and was discharged or released from service.

minimum standards: The minimum requirements for permit holders, enforced by HHSC to protect the health, safety, and well-being of children. The rules are contained in the following chapters of the Texas Administrative Code (TAC):

  • Chapter 743, Minimum Standards for Shelter Care);
  • Chapter 744, Minimum Standards for School-Age and Before or After-School Programs;
  • Chapter 746, Minimum Standards for Child Care Centers);
  • Chapter 747, Minimum Standards for Child Care Homes;
  • Chapter 748, Minimum Standards for General Residential Operations; and
  • Chapter 749, Minimum Standards for Child-Placing Agencies.

misdemeanor: A criminal offense listed in the penal code. Class A and Class B misdemeanors are heard in county court or county court at law and are prosecuted by the county attorney.

monetary actions: A type of enforcement action. These actions are fines or penalties that CCR may impose as provided by Human Resources Code §§42.075 and 42.078. There are two types of monetary actions: administrative penalties and civil penalties. See 26 TAC §§745.8603(a)(4) and 745.8711.

monitor: The regulation of an operation by evaluating compliance with applicable statutes, administrative rules, and minimum standards.

monitoring frequency: The acceptable range within which an operation’s next monitoring inspection will be conducted, as determined by an assessment of the risk factors at the operation.

monitoring inspector (formerly referred to as a licensing representative or licensing inspector): A CCR staff person  managing a workload that includes the following types of regulatory activities:

  • processing applications;
  • issuing permits;
  • monitoring an operation’s compliance with regulatory requirements as a result of conducting inspections, investigations and assessments;
  • recommending enforcement actions, when appropriate; and
  • providing information to the community about regulated child care.

 

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name-based background checks – Any background check conducted using identifying information, such as a person’s name, gender and date of birth (DOB). These background checks do not require the submission of fingerprints.

near fatal injury: An injury in which the child would likely have died as a result of the injury or medical condition if the child did not get medical attention. In most circumstances, medical intervention includes admittance to an intensive care unit. Previously known as critical injury.

nearby: For child day care operations that are in the application process, nearby means next to, across the street from, or in the same city block. For residential child care operations that are in the application process, nearby means across the street from, in the same city block, or on the same property. For operations that are exempt from regulation, nearby means a person who is in the same building, across the street from, or in the same city block as the operation. See 26 TAC §§745.101(3) and 745.201(1).

newspaper of general circulation: A community’s own newspaper, or, if unavailable, a newspaper purporting to serve the community or the daily newspaper of the nearest metropolitan area. See 26 TAC §745.201(2).

night care: Child care offered between the hours of 9 p.m. and 6 a.m. This is regulated as child day care, not residential child care, as long as the children are not in care for 24 hours a day. See 26 TAC §§746.3201 and 747.3001.

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.

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.

 

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operating hours: The days and hours that an operation is open and offering child care.

operation: A person or entity offering a program that may be subject to regulation by CCR. An operation includes the building and grounds where the program is offered, any person involved in providing the program, and any equipment used in providing the program. See 26 TAC §745.21(30).

operation providing basic care: a licensed residential child care operation that provides care for 13 or more children up to the age of 18 years. This care does not include specialized care programs. See 26 TAC §745.37.

 

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parent: A person who has legal responsibility for or legal custody of a child, including the managing conservator or legal guardian. See 26 TAC §745.21(31).

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.

permit: A license, certificate, registration, listing or any other written authorization granted by CCR to operate a child care facility, child-placing agency, or listed family home. This also includes a licensed administrator’s permit. See 26 TAC §745.21(32).

permit holder: The person or entity granted the permit. See 26 TAC §745.21(33).

personnel records: Any information that an operation must maintain on its employees.

PI: HHSC Provider Investigations program. A division of HHSC, Regulatory Services Division that investigates allegations of abuse, neglect and exploitation of individuals receiving services from certain providers. In most investigations conducted by PI, the alleged victim is an elderly person or a person with a disability. However, the alleged victim may be a child if the provider cares for children in addition to adults.  

plan of action: See voluntary plan of action.

plan of operation for licensed child care operations: A written plan showing how a governing body or owner plans to comply with the minimum standards. This plan is a part of the application materials.

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.

pre-kindergarten age child: A child who is three or four years of age before the beginning of the current school year. See 26 TAC §745.101(2).

preponderance of evidence: A standard of evidence used in due process hearings and some civil hearings in which the facts sought to be proved are more probable than not. Sometimes this is referred to as the 51 percent standard.

primary caregiver: The permit holder for a licensed or registered child care home. The primary caregiver is the person with ultimate authority and responsibility for the overall operation and compliance of the home with Chapter 747, Minimum Standards for Child Care Homes, CCR statutes and HHSC rules. The primary caregiver must live in the home where the care is provided. See 26 TAC §747.201.

primary medical needs: Medical needs that require the child to live with mechanical supports or the services of others because of life-threatening conditions, including:

  • the inability to maintain an open airway without assistance (this does not include the use of inhalers for asthma);
  • the inability to be fed except through a feeding tube, gastric tube or a parenteral route;
  • the use of sterile techniques or specialized procedures to promote healing, prevent infection, prevent cross-infection or contamination, or prevent tissue breakdown; or
  • multiple physical disabilities including sensory impairments.

primary residence: (residential child care licensing only) The residence the person must live at on a routine basis and the home must be:

  • the place of residence on the person’s most recent tax return; or
  • the address listed on the person’s motor vehicle registration, driver’s license, voter’s registration, or other document filed with a public agency.

probation: A type of enforcement action that CCR may impose on an operation to address an operation’s compliance with regulatory requirements that does not require the operation to close. During probation, CCR imposes conditions beyond the minimum standards and the basic permit requirements and conducts monthly inspections to help the operation improve compliance and reduce risk at the operation.  See 26 TAC §§745.8605, 745.8631(3), and 745.8637.

professional – A person qualified in one of the learned professions and who holds a relevant professional license. For the purposes of CCR policy, qualified professionals include doctors, nurses, psychologists, and workers in Early Childhood Intervention (ECI) who are present at child care operations in an official capacity. ECI is a statewide program of HHSC.

program: Activities and services provided by an operation. See 26 TAC §745.21(35).

provider: A person or entity providing child care that is subject to regulation, even if the person or entity does not have a permit or has not applied for a permit.

public advertising: Any notice given in a manner to attract public attention. Examples: Ads run in newspapers, on radio, or on television; circulars; handbills; signs or notices posted in public places; and public announcements made to a group.

public school: A school or program under the jurisdiction of the local school board, in which the staff or faculty of the program are contributing members of the Texas Retirement System.

 

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recommended monitoring frequency: An objective measure of how often an operation should be inspected based on the quantitative factors in its two-year compliance history (the operation’s deficiencies and their associated weights).

registered child care home: A child day care home that is registered. The primary caregiver provides care in the caregiver’s own residence for not more than six children from birth through 13 years, and may provide care after-school hours for not more than six additional elementary school children. The total number of children in care at any given time, including the children related to the caregiver, must not exceed 12. The term does not include a home that provides care exclusively for any number of children who are related to the caregiver. A registered home must follow Texas Administrative Code Chapter 747, Minimum Standards for Child Care Homes. See 26 TAC §745.37.

registration: A type of permit issued by Licensing to provide child day care in a registered child care home.

regular care: A child care arrangement in which care is provided in a registered child care home or listed family home:

  • at least four hours a day;
  • three or more days a week; and
  • for more than three consecutive weeks.

See Texas Human Resources Code §42.002(17).

regularly or frequently present at an operation: A person is regularly or frequently present at an operation if the person:

  • is present at an operation on a scheduled basis;
  • visits the operation three or more times in a 30-day period, with each visit being a period of time of less than 24 hours, and with multiple or periodic visits to an operation within the same day counting as one visit;
  • stays or resides at the operation for more than seven consecutive days; or
  • stays or resides at the operation three or more times per year, and the duration of each stay exceeds 48 hours.

For foster homes, the following persons are not considered to be regularly or frequently present at a foster home:

  • a child unrelated to a foster parent who visits the foster home unless:
    • the child is responsible for the care of a foster child; or
    • there is a reason to believe that the child has a criminal history or previously abused or neglected a child; and
  • an adult unrelated to a foster parent who visits the foster home unless:
    • the adult has unsupervised access to children in care; or
    • there is a reason to believe that the adult has a criminal history or previously abused or neglected a child.

For a child day care operation, parents are not regularly or frequently present at an operation solely because they are visiting their child, which may include dropping off or picking up their child, eating lunch with their child, visiting or observing their child, or consoling their child. However, a parent may be regularly or frequently present at an operation if he or she volunteers at an operation or is otherwise present at an operation for a reason other than visiting his or her child. See 26 TAC §745.601(15).

regulation: The enforcement of statutes and the development and enforcement of rules, including minimum standards. Regulation includes the licensing, certifying, registering, and listing of an operation or child care administrator. See 26 TAC §745.21(36).

release hearing: A due process hearing held by SOAH to allow a person to appeal findings of child abuse, neglect and exploitation made by DFPS.

renewal background check: A subsequent background check that an operation submits for a person who has already had an initial background check at the operation.

reporter: The person who reports an expression of dissatisfaction or concern that alleges a possible violation of minimum standards, HHSC rules, provisions of the child care Licensing statute, or any conditions that require prompt investigation to determine whether there is a risk to a child in care.

report: An expression of dissatisfaction or concern about an operation, made known to DFPS or HHSC staff that alleges a possible violation of minimum standards, administrative rules, or statutes and involves risk to a child in care. See 26 TAC §745.21(37).

residential child care: The care, custody, supervision, assessment, training, education, or treatment of an unrelated child or children up to the age of 18 years for 24 hours a day that occurs in a place other than the child’s own home. Residential child care includes child-placing agencies. See 26 TAC §745.35.

residential contract manager: The DFPS staff person who is responsible for managing the contracts between DFPS and residential child care operations for placement of children in CPS conservatorship.

residential treatment center (RTC): A general residential operation that exclusively provides care and treatment services for emotional disorders for 13 or more children up to the age of 18 years. See 26 TAC §745.37.

restrictions: Requirements placed on a permit, including but not limited to capacity, ages of children in care, times of operation, or certain services provided in a residential operation. A restriction is similar to but different from a condition placed on a permit. See 3420 How to Prepare the Permit and 3424 Applying Additional Types of Conditions or Restrictions.

risk evaluation: A process used by HHSC to determine whether a person who has a relevant criminal conviction or Central Registry match poses a risk to the health or safety of children in the care of the operation that requested the background check. HHSC completes risk evaluations only when the subject of the background check submits a request containing the necessary documentation to HHSC. See Chapter 745, Subchapter F, Division 5 Evaluation of Risk Because of Criminal History or a Child Abuse or Neglect Finding.

risk evaluation prediction: A process to determine whether a risk evaluation would likely be approved for a person who has an unsustained Central Registry finding that:

  • is pending a due process hearing;
  • has not been released through an emergency release; and
  • would be eligible for a risk evaluation if sustained.

router: The DFPS or HHSC staff member identified in each program and district to receive intake reports from Statewide Intake (SWI) staff. The router assesses the reports and assigns them to appropriate staff for investigation or other handling.

 

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sampling concern: A finding documented as a result of a random-sampling inspection of an agency foster home. A sampling concern is not a deficiency. See 4430 Random-Sampling Inspections of CPA Foster Homes.

scanned document: Refers to a hard copy document that CCR staff scans and uploads to the CCR Digital Storage SharePoint site or an electronic document that CCR staff uploads to the CCR Digital Storage SharePoint site.

school-aged children: A child five years old or older who will attend school in August or September of that year.

security roles: In CLASS, security permissions are grouped into roles based on an employee’s position and job assignment.

serious deficiency: A deficiency or violation that results in a child’s death, serious injury, or harm or immediate risk of serious injury or harm to a child.

serious harm: See substantial harm.

serious incident: Any non-routine occurrence that has an impact on the care, supervision, or treatment of a child or children. This includes, but is not limited to, suicide attempts, injuries requiring medical treatment, runaways, commission of a crime, and allegations of abuse or neglect or abusive treatment. See 26 TAC §§748.301 and 749.501.

serious injury: Any physical injury to a child that requires medical treatment and resulted or may result in impairment to the child's overall health or well-being. This does not include:

  • near fatal injuries;
  • injuries for which a child is evaluated by a professional as a precaution;
  • injuries for which first aid is administered at the operation, but no further treatment by a medical professional is warranted; or
  • medical events due to routine, ongoing medical issues, such as asthma or seizures.

Also see impairment.

serious mistreatment: A child in care is disciplined, punished, or physically restrained in a manner that is prohibited by minimum standards and sustains a serious injury.

service plan: A plan that identifies a child’s basic and specific needs and how those needs will be met.

SOAH: State Office of Administrative Hearings. The state agency that conducts due process hearings when:

  • a person or operation challenges related to an HHSC CCR action or decision;  or
  • a person challenges the release of findings of child abuse, neglect or exploitation made by DFPS or HHSC Provider Investigations.

See 26 TAC §745.21(39).

SOAH hearing: The due process hearing conducted by the State Office of Administrative Hearings.

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. Exception: a sole proprietorship may be a husband and wife if the license was issued to a husband and wife as a sole proprietorship before February 1, 2004, and the license has not been revoked or surrendered.

staffing: A consultation between professionals to decide on a course of action regarding an operation or other regulatory activities. Staffings can include CCR staff, supervisors, attorneys, staff from other governmental agencies or other professionals.

standard-by-standard: The evaluation of an operation's compliance with all standards, rules and statutes during a monitoring inspection.

state-operated: Operated by, under the direct jurisdiction of, and responsible to an agency of the state of Texas.

subject to regulation:  Child care that is subject to the requirements in the Texas Human Resources Code, Chapter 42 and rules and minimum standards adopted under that chapter.

substantial harm: Bodily harm or an observable impairment in a child's psychological growth, development, or functioning that is significant enough to require treatment by a medical or mental health professional.

supervisor: The individual responsible for planning, assigning, and evaluating the workload of a unit of CCR staff.

suspension: The temporary closure of an operation for a specific time period that may be voluntary on the part of the operation or involuntary when imposed as an adverse action by CCR.

sustained controlling person: A controlling person whose status as a “designated controlling person” was upheld after the operation’s revocation became final and:

  • the person waived due process rights regarding the designation; or
  • the designation was upheld after the person exhausted his or her due process rights.

sustained finding: A finding of abuse or neglect that was upheld through an SOAH hearing and any subsequent appeals or through the perpetrator waiving his or her opportunity for a release hearing.

sustained perpetrator: A person listed in the DFPS Central Registry as someone who abused, neglected or exploited a child and the finding was upheld after:

  • the person waived due process rights regarding the finding; or
  • the finding was upheld after the person exhausted his or her  due process rights.

See 26 TAC §745.731(b).

 

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Technical Assistance Library (TA Library): An online database of a collection of resources that is used to help providers understand and comply with CCR statute, rules and minimum standards. The database is available to CCR staff, providers and the public as follows:

  • to the public and CCR staff on the Technical Assistance Library page of the CCR page of the HHSC public website; and
  • to CCR staff through CLASSMate.

CCR state office manages requests for adding resources to the TA Library.

technical assistance: Assistance and guidance that CCR staff give to permit holders, applicants, and operation employees to help them understand and comply with CCR statute, rules and minimum standards.

toddler: A child from 18 months through 35 months.

 

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unregulated operation: An operation that provides child care that is subject to regulation, but does not have a permit and is not in the process of applying for a permit. Texas Government Code §531.0084.

 

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variance: The approval from CCR indicating an operation may comply with the intent of a specific minimum standard in a different way than is specifically outlined in the minimum standard. Operations must request a variance and CCR approval is contingent on ensuring that the health, safety and well-being of the children in care are reasonably protected. See  Texas Human Resources Code §42.048(c) and 26 TAC Chapter 745, Subchapter J, Waivers and Variances for Minimum Standards.

veteran spouse: A person married to a military veteran.

violation: See deficiency.

voluntary plan of action (also referred to as plan of action): A collaborative effort between CCR and an operation in which CCR works with the operation to develop a plan to help the operation improve its compliance with minimum standards and to reduce risk. See 26 TAC §745.8631(1).

volunteer: A person who provides child care services, treatment services or programmatic services under the auspices of the operation without receiving monetary compensation. Includes a sponsoring family or any type of services under the auspices of the operation that are provided without monetary compensation when the person has unsupervised access to a child in care.

 

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waiver: The approval from CCR indicating that an operation is not required to comply with a specific minimum standard because CCR determined that the economic impact of compliance is great enough to make compliance impractical. Operations must request a waiver and CCR approval is contingent on ensuring the possibility of risk to children in care is not significantly increased if the waiver is granted. See Texas Human Resources Code §42.042(j) and 26 TAC Chapter 745, Subchapter J, Waivers and Variances for Minimum Standards.

 

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young adult: An adult who:

  • has a chronological age is between 18 and 22 years;
  • is currently in a residential child care operation; and
  • who continues to need child care services.