Part 19.
DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
Chapter 745.
LICENSING
The Health and Human Services Commission proposes, on behalf of the
Department of Family and Protective Services (DFPS), amendments to §§745.21,
745.35, 745.37, 745.117, 745.4151, 745.8901, 745.8931, 745.8933, 745.8951,
745.8955, 745.8957, 745.8959, 745.8961, 745.8963, 745.8965, 745.8967, 745.8969,
745.8991, 745.8993, 745.8995, 745.8997, 745.8999, 745.9001, 745.9003, 745.9005,
745.9007, and 745.9031; the repeal of §§745.4001, 745.4003, 745.4021,
745.4023, 745.4027, 745.4029, 745.4061, 745.4069, 745.4071, 745.4073, 745.4077,
745.4079, 745.4091, 745.4093, 745.4095, 745.4097, 745.4099, 745.4101, 745.4103,
745.8903, 745.8905, 745.8907, 745.8909, 745.8911, 745.8913, 745.8953, 745.9009,
745.9011, 745.9013, 745.9035, 745.9037, 745.9039, 745.9041, 745.9061, 745.9063,
745.9065, 745.9067, 745.9069, and 745.9071; and new §§745.8903,
745.8905, 745.8907, 745.8909, 745.8911, 745.8913, 745.8915, 745.8917, 745.8919,
745.8921, 745.8935, 745.9009, 745.9011, 745.9013, 745.9015, 745.9017, 745.9019,
745.9021, 745.9023, 745.9035, 745.9037, 745.9039, 745.9061, 745.9063, 745.9065,
745.9067, 745.9069, 745.9071,745.9073, 745.9075, 745.9077, 745.9079, 745.9081,
745.9083, 745.9085, 745.9087, 745.9089, 745.9091, 745.9093, 745.9095, 745.9097,
745.9099, and 745.9100 in its Licensing chapter. The proposed changes are
the result of (1) legislation passed during the 79th Legislature, Regular
Session, 2005; (2) changes necessary to complement the proposed minimum standards
in Chapter 748, General Residential Operations and Residential Treatment Centers;
Chapter 749, Child-Placing Agencies; and Chapter 750, Independent Foster Homes;
and (3) changes necessary to provide clarification to existing rules.
Legislated changes are the result of requirements stated in Senate Bill
(S.B.) 6, passed by the 79th Legislature, Regular Session, 2005 (hereafter
referred to as S.B. 6). Sections 1.111 to 1.121 of S.B. 6 made significant
revisions to Human Resources Code (HRC), Chapter 43, Regulation of Child-Care
and Child-Placing Agency Administrators. These sections of S.B. 6 added the
Child-Placing Agency Administrator License (CPAAL), changed the minimum educational
requirement for a Child-Care Administrator's License (CCAL) to a bachelor's
degree, doubled the required training hours for renewal of an Administrator's
License, and added to the law several conditions that may result in remedial
action regarding an Administrator's License. The proposed revisions to Subchapter
N of this chapter (relating to Administrator Licensing) complement these changes
in the law, while also introducing some needed rule changes/additions such
as rules addressing persons who hold both licenses and a rule regarding a
person's inability to renew a license due to active military duty.
Changes necessary to complement the proposed minimum standards in Chapters
748, 749, and 750 include the repeal of many of the rules of Subchapter H
of this chapter (relating to Residential Child-Care Minimum Standards). These
rules are now in the proposed minimum standards chapters. The proposed changes
include revising the definition of "minimum standards" to reflect the proposed
new minimum standards chapters. They also include changes in the list of residential
child-care operation types, as many will now fall under the license type of
"general residential operation" rather than more restrictive license types
such as "emergency shelter" or "halfway house." These changes also resulted
in replacing the previous Subchapter O with stand-alone rules regarding the
qualifications, guidelines, and requirements for conducting, evaluating, and
approving independent pre-adoptive home screenings and independent post-placement
adoptive reports. For individuals performing these home screenings and adoptive
reports, having the rules in one place is more user friendly and no judgment
calls have to be made regarding what rules are applicable. Changes to specific
rules are described below.
Section 745.21 deletes the definition for "child-care administrator" and
replaces it with a definition for "licensed administrator." The definition
of "controlling person" is added to reflect legislation adding the definition
of "controlling person" to the HRC §42.002(18). The definition of "minimum
standards" is revised to reflect the impending changes to residential child
care minimum standards. DFPS's name is changed in three paragraphs.
Section 745.35 changes the definition of residential child care according
to the definition specified in §1.90 of S.B. 6.
Section 745.37 changes the types of residential child-care operations to
correlate with the new minimum standards. Proposed Chapter 748 reflects a
"general residential operation" which may offer a variety of services. This
proposed license type will replace the following more limited license types:
emergency shelter, operation providing basic child care, operation serving
children with mental retardation, therapeutic camp, and halfway house. Paragraph
(4) is combined with paragraph (3).
Section 745.117 revises the exemption in paragraph (1) to more closely
mirror the intent of HRC §42.041(b)(3) and to correspond to the previous
rule for this exemption. In paragraph (6), the exemption is changed to clarify
that it applies to how long the program operates, rather than the length of
time in care. It clearly establishes that a respite care program that operates
more than 40 days per year is subject to regulation.
Sections 745.4001 to 745.4023, 745.4027, 745.4029, 745.4061, 745.4069 to
745.4073, and 745.4077 to 745.4103 are repealed, and the rules, with some
revisions, are proposed in Chapters 748, 749, 750, and Subchapter O of this
chapter, so that they are grouped more appropriately with other minimum standard
rules.
Section 745.4151 is revised as follows. Subsection (c)(2) clarifies the
scope of the rule, which requires random drug testing of employees and applicants
for employment. With respect to allegations of drug abuse, the rule applies
more broadly and requires drug testing of any person who works under the auspices
of a residential child-care operation. Subsection (c)(3)(C) adds the definition
of "employee." Subsection (c)(3)(E) revises the definition of "good cause
to believe that the employee may be abusing drugs" to make the language consistent
with HRC §42.057(c) to require drug testing of a "
person
" who is alleged to be abusing drugs. Subsection (c)(3)(F) adds
the definition of "A person who works under the auspices of the residential
child care operation." Subsection (c)(4)(D) makes the language consistent
with HRC §42.057(c) to require drug testing of a "
person
" who directly cares for or has access to a child in care and
who is alleged to be abusing drugs. Subsection (c)(7) clarifies that an applicant
whose drug test is positive may, at the applicant's expense, challenge the
results of the test. Subsection (c)(8)(B) clarifies that drug test results,
other than those of employees, must be kept for one year from the date the
drug test was administered.
Section 745.8901 modifies the definition of a child-care administrator
to reflect the proposed residential child-care operation types.
New §745.8903 implements §1.112, S.B. 6, by adding the definition
of a child-placing agency administrator.
New §745.8905 adds the definition "licensed administrator" so both
licenses can be referenced using one term.
New §745.8907 (previously §745.8903) amends the language to be
consistent with the proposed residential child-care operation types and to
reflect that, per §1.112 of S.B. 6, independent foster group homes are
no longer required to have a licensed administrator.
New §745.8909 is added to clarify under what circumstances a person
is required to have a Child-Placing Agency Administrator's License (CPAAL).
New §745.8911 (previously §745.8905) is revised to (1) reflect
the proposed residential child-care operation types; and (2) change the Director
of Licensing to the Assistant Commissioner for Child-Care Licensing.
New §745.8913 (previously §745.8909) clarifies that the rule
only applies to the Child-Care Administrator's License.
New §745.8915 (previously §745.8911) is revised to correspond
with §1.114 of S.B. 6. New §745.8917 is added as a result of this
same section.
New §745.8919 (previously §745.8913) is revised as a result of §1.114
of S.B. 6. Subsections (a) and (b) state the qualifications for a CCAL and
a CPAAL. Subsection (d) allows the Assistant Commissioner for Child-Care Licensing,
or designee, to grant an exception to this rule when there is a compelling
justification that a person is qualified.
New §745.8921 is added to clarify what "child-placing personnel" means.
Section 745.8931 changes the application fee from $50 to $100 to more accurately
reflect the cost of processing applications. Also, the address in the rule
is deleted and the rule now references the address on the application form.
Section 745.8933 changes the application fee to $100. Also, language is
added to more accurately reflect the expectations for a complete license application.
New §745.8935 is added to implement §1.112 of S.B. 6. It addresses
the requirements for a person who wishes to obtain both a Child-Care Administrator's
License and a Child-Placing Agency Administrator's License.
Section 745.8951 is revised to explain that we will notify the applicant
whether he meets the initial qualifications and is eligible to take the licensing
examination. Paragraph (3) addresses the chronic problem of incomplete applications
left pending indefinitely.
Section 745.8955 is revised to clarify the language of the rule, delete
references to a CCAL, and make the rule applicable to both licenses.
Section 745.8957 is revised in several ways. The passing score in subsection
(a) is modified based on the new exams now being administered. A sentence
is added to subsection (b) regarding reapplication after three failed exams
based on §1.115 of S.B. 6. Language is added to address the chronic problem
of applications that are left pending indefinitely.
Section 745.8959 changes the amount of the examination fee from $25 to
$50 to more accurately reflect the administrative costs for the exam. Licensing
is now contracting with the University of Texas at Arlington (UTA) to administer
the exam, so the cost of the exam is now dependent upon our internal costs
and the cost of the contract with UTA. The rule also clarifies that the examination
fee applies to an exam for either license.
Section 745.8961 shortens the time frame by one day so that it is exactly
two weeks. Also, clarification is added that the decision to issue a license
cannot be finalized until any necessary risk evaluation has been completed.
Section 745.8963 changes the wording to reflect that a background check
match does not necessarily require action against the person's license.
Sections 745.8965 and 745.8967 change references to the "Director of Licensing"
to "Assistant Commissioner for Child-Care Licensing." The name of the Department
is also changed.
Section 745.8969 is revised to mirror §745.327 of this title (relating
to When does Licensing have good cause for exceeding its timeframes for processing
my application?).
Sections 745.8991, 745.8999, and 745.9001 are revised as a result of §1.112
of S.B. 6. "CCAL" is changed to "administrator's license" to reference both
license types.
Sections 745.8993 and 745.8997 are revised to implement §1.117 of
S.B. 6 by doubling the required amount of training for a license renewal.
Also, the language has been changed to apply to both licenses.
Section 745.8995 is revised to implement §1.112 of S.B. 6. The language
has been changed to apply to both licenses. Also, the requirement to submit
a renewal request 15 days before the license expires has been deleted, as
the request only needs to be submitted prior to the license expiration.
Sections 745.9003 and 745.9005 are revised to clarify that an increase
in fees for a late renewal is not waived when a licensee does not receive
a renewal reminder from Licensing. This is meant to address a chronic problem
of licensees requesting that penalty fees be waived because they did not submit
an address change to us, and therefore did not receive correspondence sent,
or their mail was not routed to them once it arrived at their operation.
Section 745.9007 clarifies in subsection (a)(3) that there is a separate
fee for background checks. Also, subsection (b) is added to clarify the differences
between changing license status at the time of renewal versus in the middle
of a renewal period.
New §745.9009 is added to implement §1.112 of S.B. 6. The rule
addresses renewal requirements for both licenses.
New §745.9011 (previously §745.9013) is revised as follows. Subsection
(a) is added to clarify that a person cannot continue to act as a licensed
administrator with an expired license. Subsection (b) clarifies that a license
that has been expired for one year is lapsed and no longer eligible for renewal,
per HRC §43.009(f). Subsection (c) adds the requirement to return a lapsed
license before a new license application can be accepted.
New §745.9013 requires a license to be renewed when a remedial action
is pending against the licensee. This rule clarifies that a renewal fee will
be refunded if the administrator's license is not renewed.
New §745.9015 addresses licensees who are unable to renew due to active
military duty (deployment) outside of Texas. The rule explains how a person
in this circumstance can renew his/her license upon return to Texas.
New §745.9017 (previously §745.9009) clarifies that renewal fees
will only be refunded upon written request from the licensee.
New §745.9019 (previously §745.9011) clarifies that (1) another
license is only issued if the original license was lost or destroyed; and
(2) any fraud or deceit related to such a request may result in remedial action
against the licensee.
New §745.9021 addresses chronic problems with licensees not reporting
contact information and not reporting criminal convictions or other pertinent
events that may impact their continued eligibility to hold a license. This
rule is intended to specify for licensees what they are required to report
and within what time frame.
New §745.9023 is added as a companion to new rule §745.9021.
This rule specifies that failure to make a report required by §745.9021
may result in remedial action.
Section 745.9031 clarifies that the basis for a remedial action is not
limited to violation of the law. Paragraph (6) in the chart regarding "invalidation"
is deleted and replaced with a paragraph on application denial.
New §745.9035 (previously §745.9037) is revised to implement §1.112
of S.B. 6. "CCAL" is changed to "administrator's license" in order to reference
both licenses.
New 745.9037 (previously §745.9039) is revised to implement §1.112
of S.B. 6. "CCAL" is changed to "administrator's license" in order to reference
both licenses with one term. Subsections (a) and (b) correspond to §1.119
of S.B. 6 and lists the circumstances when DFPS may take remedial action against
a licensee. Subsection (c) clarifies that a remedial action may affect both
licenses. Subsection (d) specifies the expectation that a license that is
no longer valid must be returned to Licensing.
Section 745.9039 (previously §745.9041) is revised to implement §1.112
of S.B. 6. "CCAL" is changed to "administrator's license" in order to reference
both the Child-Care Administrator's License and the Child-Placing Agency Administrator's
License with one term. The word "invalidate" is deleted to be consistent with
the change to §745.9031.
New §§745.9061, 745.9063, 745.9065, 745.9067, 745.9069, 745.9071
745.9073, 745.9075, 745.9077, 745.9079, 745.9081, 745.9083, 745.9085, 745.9087,
745.9089, 745.9091, 745.9093, 745.9095, 745.9097, 745.9099, and 745.9100 in
Subchapter O list the qualifications, guidelines, and requirements for conducting,
evaluating and approving independent pre-adoptive home screenings and independent
post-placement adoptive reports.
Cindy Brown, Chief Financial Officer of DFPS, has determined that for the
first five-year period the proposed sections will be in effect there will
not be costs to state or local government as a result of enforcing or administering
the sections. Additional revenues to state government due to an increase in
the application and examination fees for Licensed Administrators are an estimated
$12,650 in each of the first five years the proposed sections will be in effect.
Ms. Brown also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be that the health, safety, and welfare of children in residential
child care will be enhanced and the quality of residential child care will
improve. There will be a minimal cost to each potentially affected person
or business due to the increase in the Licensed Administrator application
and examination fees.
Questions about the content of the proposal may be directed to Amy Chandler
at (512) 438-3134 in DFPS's Licensing Division. Electronic comments may be
submitted to Marianne.Mcdonald@dfps.state.tx.us. Written comments on the proposal
may be submitted to Texas Register Liaison, Legal Services-344, Department
of Family and Protective Services E-611, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
HHSC has determined that the proposed sections do not restrict or limit
an owner's right to his or her property that would otherwise exist in the
absence of government action and, therefore, do not constitute a taking under §2007.043,
Government Code.
Subchapter A. PRECEDENCE AND DEFINITIONS
3.
DEFINITIONS FOR LICENSING
40 TAC §745.21
The amendment is proposed under Human Resources Code (HRC) §40.0505
and Government Code §531.0055, which provide that the Health and Human
Services Executive Commissioner shall adopt rules for the operation and provision
of services by the health and human services agencies, including the Department
of Family and Protective Services; and HRC §40.021, which provides that
the Family and Protective Services Council shall study and make recommendations
to the Executive Commissioner and the Commissioner regarding rules governing
the delivery of services to persons who are served or regulated by the department.
The amendment implements HRC, Chapter 43, as amended and added by S.B.
6, and HRC, §42.042.
§745.21.What do the following words and terms mean when used in this chapter?
The following words and terms, when used in this chapter, have the
following meanings unless the context clearly indicates otherwise:
(1) - (5)
(No change.)
[
(6)
[
(7)
[
(8)
[
(9)
[
(10)
[
(11)
[
(12)
Controlling person--As defined in §745.901
of this title (relating to Who is a controlling person in a residential operation?).
(13) - (14)
(No change.)
(15)
Division--The Licensing Division within the Texas Department
of
Family and
Protective [
(16) - (23)
(No change.)
(24)
Licensed administrator--As defined in §745.8905
of this title (relating to What is a licensed administrator?).
(25)
[
(26)
[
(27)
[
(28)
[
(29)
[
(30)
[
(31)
[
(32)
[
(33)
[
(34)
[
(35)
[
(36)
[
(37)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 3, 2006.
TRD-200602454
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 18, 2006
For further information, please call: (512) 438-3437
40 TAC §745.35, §745.37
The amendments are proposed under Human Resources Code (HRC) §40.0505
and Government Code §531.0055, which provide that the Health and Human
Services Executive Commissioner shall adopt rules for the operation and provision
of services by the health and human services agencies, including the Department
of Family and Protective Services; and HRC §40.021, which provides that
the Family and Protective Services Council shall study and make recommendations
to the Executive Commissioner and the Commissioner regarding rules governing
the delivery of services to persons who are served or regulated by the department.
The amendments implement HRC, Chapter 42, as amended and added by S.B.
6.
§745.35.What is residential child care?
Residential child care means the care, custody, supervision, assessment,
training, education, or treatment of
a
[
§745.37.What specific types of operations does Licensing regulate?
The charts in paragraphs (1), (2), and (3) of this section list the
types of operations for child day care and residential child care that we
regulate. Maternity homes
,
[
(1) - (2)
(No change.)
(3)
Types of Residential Child-Care Operations.
[
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 3, 2006.
TRD-200602455
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 18, 2006
For further information, please call: (512) 438-3437
2.
EXEMPTIONS FROM REGULATION
40 TAC §745.117
The amendment is proposed under Human Resources Code (HRC) §40.0505
and Government Code §531.0055, which provide that the Health and Human
Services Executive Commissioner shall adopt rules for the operation and provision
of services by the health and human services agencies, including the Department
of Family and Protective Services; and HRC §40.021, which provides that
the Family and Protective Services Council shall study and make recommendations
to the Executive Commissioner and the Commissioner regarding rules governing
the delivery of services to persons who are served or regulated by the department.
The amendment implements HRC, §42.042.
§745.117.Which programs of limited duration are exempt from Licensing regulation?
The following programs of limited-duration are exempt from our regulation:
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 3, 2006.
TRD-200602456
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 18, 2006
For further information, please call: (512) 438-3437
1.
IMMUNIZATIONS
40 TAC §745.4001, §745.4003
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Department of Family and Protective Services or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Human Resources Code
(HRC) §40.0505 and Government Code §531.0055, which provide that
the Health and Human Services Executive Commissioner shall adopt rules for
the operation and provision of services by the health and human services agencies,
including the Department of Family and Protective Services; and HRC §40.021,
which provides that the Family and Protective Services Council shall study
and make recommendations to the Executive Commissioner and the Commissioner
regarding rules governing the delivery of services to persons who are served
or regulated by the department.
The repeals implement HRC, §42.042.
§745.4001.What immunizations are children in my care required to have?
§745.4003.Where can I find this information?
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 3, 2006.
TRD-200602457
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 18, 2006
For further information, please call: (512) 438-3437
40 TAC §§745.4021, 745.4023, 745.4027, 745.4029
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Department of Family and Protective Services or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Human Resources Code
(HRC) §40.0505 and Government Code §531.0055, which provide that
the Health and Human Services Executive Commissioner shall adopt rules for
the operation and provision of services by the health and human services agencies,
including the Department of Family and Protective Services; and HRC §40.021,
which provides that the Family and Protective Services Council shall study
and make recommendations to the Executive Commissioner and the Commissioner
regarding rules governing the delivery of services to persons who are served
or regulated by the department.
The repeals implement HRC, §42.042 and Family Code, §107.0511
and 107.052.
§745.4021.What is a foster home screening?
§745.4023.What is a pre-adoptive home screening?
§745.4027.What qualifications must I meet to review and approve a foster home screening, a pre-adoptive home screening, or a post-placement adoptive report?
§745.4029.May someone who does not meet minimum qualifications help level 1 child-placing staff conduct a foster home screening, a pre-adoptive home screening, or a post-placement adoptive report?
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 3, 2006.
TRD-200602458
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 18, 2006
For further information, please call: (512) 438-3437
40 TAC §§745.4061, 745.4069, 745.4071, 745.4073, 745.4077, 745.4079
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Department of Family and Protective Services or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Human Resources Code
(HRC) §40.0505 and Government Code §531.0055, which provide that
the Health and Human Services Executive Commissioner shall adopt rules for
the operation and provision of services by the health and human services agencies,
including the Department of Family and Protective Services; and HRC §40.021,
which provides that the Family and Protective Services Council shall study
and make recommendations to the Executive Commissioner and the Commissioner
regarding rules governing the delivery of services to persons who are served
or regulated by the department.
The repeals implement HRC, §42.042 and Family Code, §107.0511
and 107.052.
§745.4061.What information must the pre-adoptive home screening include?
§745.4069.What if a child is not placed with the prospective adoptive parents within six months of the completion of the pre-adoptive home screening?
§745.4071.What information must the pre-adoptive home screening update include?
§745.4073.Must I complete a pre-adoptive home screening update if the prospective adoptive parents plan to adopt another child?
§745.4077.Must an agency that previously verified a foster home or approved an adoptive home release background information to an agency currently conducting a pre-adoptive home screening?
§745.4079.What must I do with the background information that I receive from the agency that previously verified the foster home or approved the adoptive home?
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 3, 2006.
TRD-200602459
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 18, 2006
For further information, please call: (512) 438-3437
40 TAC §§745.4091, 745.4093, 745.4095, 745.4097, 745.4099, 745.4101, 745.4103
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Department of Family and Protective Services or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Human Resources Code
(HRC) §40.0505 and Government Code §531.0055, which provide that
the Health and Human Services Executive Commissioner shall adopt rules for
the operation and provision of services by the health and human services agencies,
including the Department of Family and Protective Services; and HRC §40.021,
which provides that the Family and Protective Services Council shall study
and make recommendations to the Executive Commissioner and the Commissioner
regarding rules governing the delivery of services to persons who are served
or regulated by the department.
The repeals implement HRC, §42.042.
§745.4091.Must an agency that previously verified a foster home or approved an adoptive home release background information to an agency currently conducting a foster home screening?
§745.4093.What must I do to verify a home that has never been previously licensed or verified as a foster home?
§745.4095.What must I do to verify a foster home that another child-placing agency has previously verified?
§745.4097.Must I conduct a foster home screening on an agency foster home that does not have foster parents but is otherwise fully staffed?
§745.4099.What can I do if no local fire authority will inspect the agency foster home?
§745.4101.What can I do if no local health authority will inspect the agency foster home?
§745.4103.How long are health and fire inspection reports current?
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 3, 2006.
TRD-200602460
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 18, 2006
For further information, please call: (512) 438-3437
6.
DRUG TESTING
40 TAC §745.4151
The amendment is proposed under Human Resources Code (HRC) §40.0505
and Government Code §531.0055, which provide that the Health and Human
Services Executive Commissioner shall adopt rules for the operation and provision
of services by the health and human services agencies, including the Department
of Family and Protective Services; and HRC §40.021, which provides that
the Family and Protective Services Council shall study and make recommendations
to the Executive Commissioner and the Commissioner regarding rules governing
the delivery of services to persons who are served or regulated by the department.
The amendment implements HRC, §42.042 and §42.057.
§745.4151.What drug testing policy must my residential child-care operation have?
(a) - (b)
(No change.)
(c)
The mandatory criteria for the Model Drug Testing Policy
For Residential Child-Care Operations include:
(1)
(No change.)
(2)
Scope. This policy applies to all employees of residential
child-care operations, including child-placing agencies, that
directly
care for or has access to a child in care, and applicants for such employment.
With respect to allegations of drug abuse (See paragraph (4)(D) of this subsection),
this policy applies to any person who works under the auspices of a residential
child-care operation and directly cares for or has access to a child in care.
[
(3)
Definitions. The following definitions apply to this section.
(A) - (B)
(No change.)
(C)
Employee--A person is an employee of your
operation if you pay the person a wage or salary and direct or have the right
to direct his work. For the purposes of this definition:
(i)
Directing a person's work includes having
control over when, where, and how the person conducts his work and providing
the person with training that is necessary for the person to conduct his work;
(ii)
Controlling when a person works includes
setting the person's work hours;
(iii)
Controlling how a person works includes
assigning the person the task(s) that he must accomplish and exercising responsibility
for the means and details by which the person accomplishes the task(s); and
(iv)
A person is not an "employee" of a child-placing
agency merely because the agency verifies him as a foster parent.
(D)
[
(E)
[
(F)
Person who works under the auspices of
the residential child-care operation--A person who meets the definition in §745.8553
of this title (relating to Who works "under the auspices of an operation"?).
(4)
Mandatory drug testing.
(A) - (C)
(No change.)
(D)
Any
person alleged to be abusing drugs may be tested
within 24 hours, if the person:
(i)
Works under the auspices of the residential
child-care operation;
(ii)
Directly cares for or has access to a
child in care; and
(iii)
[
(5) - (6)
(No change.)
(7)
Appeal. An applicant or employee whose drug test is positive
may, at the
applicant or
employee's expense:
(A) - (C)
(No change.)
(8)
Documentation.
(A)
(No change.)
(B)
All drug test results
of employees
will be
kept for one year after an employee's last work day with the residential child-care
operation, or until any investigation involving the person is resolved, whichever
is later.
All other drug test results required by this rule will be kept
for one year from the date the drug test was administered.
The results
must be available for review by Licensing Division within 24 hours of the
request.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed
with the Office of the Secretary of State on May 3, 2006.
TRD-200602461
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 18, 2006
For further information, please call: (512) 438-3437
1.
OVERVIEW OF CHILD-CARE ADMINISTRATOR'S LICENSING
40 TAC §§745.8903, 745.8905, 745.8907, 745.8909, 745.8911, 745.8913
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Department of Family and Protective Services or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Human Resources Code
(HRC) §40.0505 and Government Code §531.0055, which provide that
the Health and Human Services Executive Commissioner shall adopt rules for
the operation and provision of services by the health and human services agencies,
including the Department of Family and Protective Services; and HRC §40.021,
which provides that the Family and Protective Services Council shall study
and make recommendations to the Executive Commissioner and the Commissioner
regarding rules governing the delivery of services to persons who are served
or regulated by the department.
The repeals implement HRC Chapter 43, as amended and added by S.B. 6.
§745.8903.Must I have a child-care administrator's license (CCAL)?
§745.8905.In what circumstances do I not need a CCAL to be a child-care administrator for an emergency shelter in a county with a population of less than 40,000?
§745.8907.Can Licensing put any conditions or limits on the exemption allowing an emergency shelter to operate without a licensed child-care administrator?
§745.8909.Can I use my valid license from another state to serve as a child-care administrator?
§745.8911.Do I qualify for a CCAL?
§745.8913.What qualifies as one year of experience in management or supervision of residential child-care personnel and programs?
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 3, 2006.
TRD-200602463
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 18, 2006
For further information, please call: (512) 438-3437
40 TAC §745.8953
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Department of Family and Protective Services or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Human Resources Code
(HRC) §40.0505 and Government Code §531.0055, which provide that
the Health and Human Services Executive Commissioner shall adopt rules for
the operation and provision of services by the health and human services agencies,
including the Department of Family and Protective Services; and HRC §40.021,
which provides that the Family and Protective Services Council shall study
and make recommendations to the Executive Commissioner and the Commissioner
regarding rules governing the delivery of services to persons who are served
or regulated by the department.
The repeal implements HRC, Chapter 43, as amended and added by S.B. 6.
§745.8953.What if I do not qualify to take the CCAL examination?
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 3, 2006.
TRD-200602466
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 18, 2006
For further information, please call: (512) 438-3437
40 TAC §745.9009, 745.9011, 745.9013
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Department of Family and Protective Services or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Human Resources Code
(HRC) §40.0505 and Government Code §531.0055, which provide that
the Health and Human Services Executive Commissioner shall adopt rules for
the operation and provision of services by the health and human services agencies,
including the Department of Family and Protective Services; and HRC §40.021,
which provides that the Family and Protective Services Council shall study
and make recommendations to the Executive Commissioner and the Commissioner
regarding rules governing the delivery of services to persons who are served
or regulated by the department.
The repeals implement HRC, Chapter 43, as amended and added by S.B. 6.
§745.9009.Will Licensing return my renewal fee if I am not eligible for renewal?
§745.9011.How do I get an additional copy of my current CCAL?
§745.9013.What happens if I do not renew my CCAL?
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 3, 2006.
TRD-200602468
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 18, 2006
For further information, please call: (512) 438-3437
40 TAC §§745.9035, 745.9037, 745.9039, 745.9041
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Department of Family and Protective Services or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Human Resources Code
(HRC) §40.0505 and Government Code §531.0055, which provide that
the Health and Human Services Executive Commissioner shall adopt rules for
the operation and provision of services by the health and human services agencies,
including the Department of Family and Protective Services; and HRC §40.021,
which provides that the Family and Protective Services Council shall study
and make recommendations to the Executive Commissioner and the Commissioner
regarding rules governing the delivery of services to persons who are served
or regulated by the department.
The repeals implement HRC, Chapter 43, as amended and added by S.B. 6.
§745.9035.Why would Licensing suspend my CCAL rather than revoke it?
§745.9037.Can any authority besides Licensing suspend my CCAL?
§745.9039.If I never violate any laws governing my CCAL, under what other circumstances will Licensing still revoke it?
§745.9041.What can I do if I disagree with an action that Licensing takes against my CCAL?
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 3, 2006.
TRD-200602470
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 18, 2006
For further information, please call: (512) 438-3437
1.
OVERVIEW OF CHILD-CARE ADMINISTRATOR'S LICENSING
40 TAC §§745.8901, 745.8903, 745.8905, 745.8907, 745.8909, 745.8911, 745.8913, 745.8915, 745.8917, 745.8919, 745.8921
The amendment and new sections are proposed under Human Resources
Code (HRC) §40.0505 and Government Code §531.0055, which provide
that the Health and Human Services Executive Commissioner shall adopt rules
for the operation and provision of services by the health and human services
agencies, including the Department of Family and Protective Services; and
HRC §40.021, which provides that the Family and Protective Services Council
shall study and make recommendations to the Executive Commissioner and the
Commissioner regarding rules governing the delivery of services to persons
who are served or regulated by the department.
The amendment and new sections implement HRC, Chapter 43, as amended and
added by S.B. 6.
§745.8901.What is a child-care administrator?
A child-care administrator is a person who:
(1)
Supervises and exercises direct control over a
general
residential child- care operation
or a residential treatment center
[
(2)
Is responsible for the operation's
program(s)
[
§745.8903.What is a child-placing agency administrator?
A child-placing agency administrator is a person who:
(1)
Supervises and exercises direct control over a child-placing
agency, as defined in §745.37(3)(F) of this title (relating to What specific
types of operations does Licensing regulate?); and
(2)
Is responsible for the agency's program(s) and personnel,
regardless of whether the person has an ownership interest in the agency or
shares duties with anyone.
§745.8905.What is a licensed administrator?
A licensed administrator is either a licensed child-care administrator
or a licensed child- placing agency administrator.
§745.8907.When must I have a Child-Care Administrator's License (CCAL)?
You must have a CCAL to serve as an administrator for a residential
treatment center or a general residential operation, except for certain general
residential operations that only provide emergency care services (See §745.8911
of this title (relating to For general residential operations that only provide
emergency care services, in what circumstances do I not need a CCAL to be
a child-care administrator?)).
§745.8909.When must I have a Child-Placing Agency Administrator's License (CPAAL)?
You must have a CPAAL to serve as a child-placing agency administrator.
You do not need this license to serve as the administrator for an independent
foster family or group home.
§745.8911.For general residential operations that only provide emergency care services, in what circumstances do I not need a CCAL to be a child-care administrator?
You do not need a CCAL if we exempt the general residential operation
that only provides emergency care services from needing a licensed child-care
administrator. To qualify for exemption, the governing body or designee of
the emergency shelter must send to the Assistant Commissioner for Child-Care
Licensing a letter that includes the following:
(1)
The name of the county where the operation is located;
(2)
The date that the operation's governing body adopted a
resolution certifying that the operation made a reasonable attempt to hire
a licensed child-care administrator but was unable to do so;
(3)
A statement that the governing body adopted the resolution
by a majority vote;
(4)
The name of the unlicensed administrator hired; and
(5)
A statement of the administrator's qualifications, including
any areas where the person's qualifications do not meet the requirements for
a CCAL.
§745.8913.Can I use my valid license from another state to serve as a licensed child-care administrator?
(a)
We may waive any prerequisite for you to get a child-care
administrator's license from us if the other state's license requirements
are substantially equivalent to those in Texas, or if there is a reciprocity
agreement between Texas and the other state.
(b)
We may issue a provisional license to you once you apply
for a license from us. See Human Resources Code, §43.0081, for the provisional
license qualifications.
§745.8915.Do I qualify for a CCAL?
You qualify for a CCAL if you:
(1)
Pass an examination, which is offered by DFPS, that demonstrates
competence in the field of child-care administration;
(2)
Undergo a criminal history and central registry background
check and do not have a criminal history or central registry history that
would prohibit you from working in a residential child-care operation, as
specified in Subchapter F of this chapter (relating to Background Checks);
(3)
Have one year of full-time experience in management or
supervision of personnel and programs as specified in §745.8919 of this
title (relating to What qualifies as one year of experience in management
or supervision of personnel and programs?); and
(4)
Have one of the following qualifications:
(A)
A master's or doctor of philosophy degree in social work
or other area of study; or
(B)
A bachelor's degree and two years' full-time experience
in residential child care or a closely related field.
§745.8917.Do I qualify for a CPAAL?
You qualify for a CPAAL if you:
(1)
Pass an examination, which is offered by DFPS, that demonstrates
competence in the field of child-placing administration;
(2)
Undergo a criminal history and central registry background
check and do not have a criminal history or central registry history that
would prohibit you from working in a residential child-care operation, as
specified in Subchapter F of this chapter (relating to Background Checks);
(3)
Have one year of full-time experience in management or
supervision of personnel and programs as specified in §745.8919 of this
title (relating to What qualifies as one year of experience in management
or supervision of personnel and programs?); and
(4)
Have one of the following qualifications:
(A)
A master's or doctor of philosophy degree in social work
or other area of study; or
(B)
A bachelor's degree and two years' full-time experience
in residential child care or a closely related field.
§745.8919.What qualifies as one year of experience in management or supervision of personnel and programs?
(a)
To qualify for a CCAL, you must substantiate through an
employer reference that:
(1)
You have completed the one year of full-time experience
in management or supervision of residential child-care personnel and programs
within the past 10 years;
(2)
Your experience was at a general residential operation,
residential treatment center, or in a comparable residential operation in
which you worked primarily with children;
(3)
If you were not solely responsible for implementing the
operation's child-care program, that you shared in that responsibility; and
(4)
You supervised at least one member of the child-care personnel
and your supervision responsibilities included assigning duties, hiring, disciplining,
rewarding, approving leave requests, and conducting formal employee evaluations.
(b)
To qualify for a CPAAL, you must substantiate through
an employer reference that:
(1)
You have completed the one year of full-time experience
in management or supervision of child-placing personnel and programs within
the past 10 years;
(2)
Your experience was at a child-placing agency;
(3)
If you were not solely responsible for implementing the
agency's child-placing program, that you shared in that responsibility; and
(4)
You supervised at least one member of the child-placing
agency personnel and your supervision responsibilities included assigning
duties, hiring, disciplining, rewarding, approving leave requests, and conducting
formal employee evaluations.
(c)
Experience as a foster parent, adoptive parent, or any
other type of caregiver or staff person in an agency home does not meet the
requirements of subsections (a) or (b) of this section.
(d)
The Assistant Commissioner for Child-Care Licensing, or
his designee, may grant exceptions to this rule on a case-by-case basis, if
an applicant is able to provide compelling justification that his experience
qualifies him to act as a licensed administrator.
§745.8921.Who are "child-placing personnel"?
(a)
"Child-placing personnel" are persons, who, under the
auspices of a child-placing agency, plan for the placement of or place a child
in a residential child-care operation, agency foster home, or adoptive home.
(b)
For the purposes of this section, planning for placement
or placing a child includes any of the following activities:
(1)
Developing a child's admission assessment or service plan
for a child in the care of a child-placing agency;
(2)
Performing case management activities for a child in the
care of a child-placing agency;
(3)
Conducting a home study;
(4)
Conducting foster home verification activities; and/or
(5)
Developing corrective or adverse actions for agency foster
homes.
(c)
Planning for placement or placing a child does not include
serving as a foster parent or a caregiver for the child.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 3, 2006.
TRD-200602462
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 18, 2006
For further information, please call: (512) 438-3437
40 TAC §§745.8931, 745.8933, 745.8935
The amendments and new section are proposed under Human Resources
Code (HRC) §40.0505 and Government Code §531.0055, which provide
that the Health and Human Services Executive Commissioner shall adopt rules
for the operation and provision of services by the health and human services
agencies, including the Department of Family and Protective Services; and
HRC §40.021, which provides that the Family and Protective Services Council
shall study and make recommendations to the Executive Commissioner and the
Commissioner regarding rules governing the delivery of services to persons
who are served or regulated by the department.
The amendments and new section implement HRC, Chapter 43, as amended and
added by S.B. 6.
§745.8931.How do I apply to become a licensed administrator [
To apply
to become a licensed administrator,
[
§745.8933.What does a complete application to become a licensed administrator [
(a)
A complete application
to become a licensed
administrator
[
(1)
A completed application form;
[
(2)
[
(3)
[
(4)
[
(5)
[
(6)
[
(7)
[
(b)
Your application is incomplete
if you fail to complete any part of subsection (a) of this section, including
inadequate documentation of your qualifications.
§745.8935.How do I apply for both a Child-Care Administrator's License and a Child-Placing Agency Administrator's License?
(a)
To apply for both licenses simultaneously, you must submit:
(1)
An application fee for each license; and
(2)
All application materials required by §745.8933 of
this title (relating to What does a complete application to become a licensed
administrator include?), except that you must have two employee references,
one verifying your supervisory experience in a general residential operation
or a residential treatment center, and the other verifying your supervisory
experience in a child-placing agency.
(b)
To apply for one of the license types after you already
have the other type of license, you must submit an:
(1)
Application fee;
(2)
Updated complete application form; and
(3)
Employee reference verifying your required supervisory
experience related to the license for which you are applying (see §745.8919
of this title (relating to What qualifies as one year of experience in management
or supervision of personnel and programs?)).
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 3, 2006.
TRD-200602464
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 18, 2006
For further information, please call: (512) 438-3437
40 TAC §§745.8951, 745.8955, 745.8957, 745.8959, 745.8961, 745.8963, 745.8965, 745.8967, 745.8969
The amendments are proposed under Human Resources Code (HRC) §40.0505
and Government Code §531.0055, which provide that the Health and Human
Services Executive Commissioner shall adopt rules for the operation and provision
of services by the health and human services agencies, including the Department
of Family and Protective Services; and HRC §40.021, which provides that
the Family and Protective Services Council shall study and make recommendations
to the Executive Commissioner and the Commissioner regarding rules governing
the delivery of services to persons who are served or regulated by the department.
The amendments implement HRC, Chapter 43, as amended and added by S.B.
6.
§745.8951.What happens after Licensing receives my application materials and fees?
We have 21 days to notify you in writing of one of the following:
(1)
We have received a complete set of application
materials and fees and determined that you meet the initial qualifications
and are eligible to take the licensing examination;
(2)
We have received a complete set of application
materials and fees and determined that you do not meet the initial qualifications
and are not eligible to take the licensing examination; or
(3)
Your application is pending because it
is incomplete and/or the materials submitted do not show compliance with relevant
statutes and rules. The notification letter will explain what is needed to
complete the application and/or why your materials do not show compliance.
If your application remains pending, you will receive reminder letters regarding
the status of your application at three months and six months after the first
notification letter is sent. If your application remains pending for 12 months
from the date we first receive any part of your application, then your application
will expire. If your application expires, then you may not apply again for
one year from the date your application expired.
[
§745.8955.What if I disagree with Licensing's determination [
If you disagree with the
determination
[
§745.8957.What if I fail the licensing [
(a)
You may take a licensing examination up
to three times within 24 months of the date that we receive your application.
We cannot issue you a
license
[
(b)
If you fail the examination three times
within 24 months after we receive your application, you may submit a new application
one year after the date you fail your third examination.
[
(c)
If you take the examination
less than three times within 24 months after we receive your application and
do not pass the examination, your application will be void. You will have
to reapply in order to pursue an administrator's license.
§745.8959.Must I pay an [
Yes. You must pay the nonrefundable examination fee
of $50
each
time before taking
a licensing
[
§745.8961.What happens after I take a licensing [
(a)
We will send you the [
(b)
We will [
§745.8963.What if my criminal history background check or central registry check results in a positive match?
If your background check results in a positive match, we will take
action [
§745.8965.What if Licensing does not process my application within the appropriate timeframes?
If you believe that we did not process your application within the
appropriate timeframes, you may request
that the Assistant Commissioner
for Child-Care Licensing
[
§745.8967.What happens after the Assistant Commissioner for Child-Care [
After receiving your request, the
Assistant Commissioner
[
§745.8969.When does Licensing have good cause for not processing my application within the established time period?
We have good cause for exceeding the timeframes if:
(1)
While we are processing your application, we are processing
at least 15% more applications than we
did
[
(2)
Another public or private entity that we rely on to process
all or part of the applications causes the delay; [
(3)
You are the subject of a pending
investigation; or
(4)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 3, 2006.
TRD-200602465
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 18, 2006
For further information, please call: (512) 438-3437
40 TAC §§745.8991, 745.8993, 745.8995, 745.8997, 745.8999, 745.9001, 745.9003, 745.9005, 745.9007, 745.9009, 745.9011, 745.9013, 745.9015, 745.9017, 745.9019, 745.9021, 745.9023
The amendments and new sections are proposed under Human Resources
Code (HRC) §40.0505 and Government Code §531.0055, which provide
that the Health and Human Services Executive Commissioner shall adopt rules
for the operation and provision of services by the health and human services
agencies, including the Department of Family and Protective Services; and
HRC §40.021, which provides that the Family and Protective Services Council
shall study and make recommendations to the Executive Commissioner and the
Commissioner regarding rules governing the delivery of services to persons
who are served or regulated by the department.
The amendments and new sections implement HRC, Chapter 43, as amended and
added by S.B. 6.
§745.8991.Can my administrator's license [
No,
an administrator's license is valid for two years, so
you
must renew your
license
[
§745.8993.Am I [
To be eligible to renew your administrator's license,
[
(1)
(No change.)
(2)
Have completed 15 clock hours of continuing education
each year
during the two-year period before renewal;
(3) - (4)
(No change.)
§745.8995.When do I request renewal of my administrator's license [
To continue operating as a licensed [
§745.8997.How do I request renewal of my administrator's license [
To request
an administrator's license
[
(1)
Evidence that you have
completed
[
(2)
A completed [
(3)
(No change.)
(4)
A completed background check form
and fee
.
§745.8999.If I want to maintain my administrator's license [
No, you may
place your administrator's license on
[
§745.9001.Must I undergo a background check in order to renew my administrator's license [
No, you
are not required
[
§745.9003.How much is the renewal fee?
(a)
The amount of the renewal fee varies depending
on when we receive it:
[
(b)
Failure to receive notice from
us of your license's expiration or impending expiration does not waive the
increase of the fee for late renewals.
§745.9005.How much is the renewal fee if I am requesting inactive status?
(a)
The renewal fee for inactive status is half
the amount
of the regular renewal fee:
[
(b)
Failure to receive notice from
us of your license's expiration or impending expiration does not waive the
increase of the fee for late renewals.
§745.9007.How do I change my administrator's license status from [
(a)
To renew your inactive
administrator's
license
[
(1)
Completed [
(2)
$50 renewal fee; and
(3)
Completed
background check
[
(b)
To change your status to active
in the middle of a renewal period, you must submit to us a:
(1)
Written request to change your status;
(2)
$25 fee; and
(3)
Completed background check form and fee.
§745.9009.What are the renewal requirements if I have both a CCAL and a CPAAL?
(a)
You must pay the appropriate renewal fee for each license.
(b)
You must complete the renewal form for each license.
(c)
You must submit a completed background check form and fee
every two years, or present evidence every two years of your cleared criminal
history and central registry checks as required in Subchapter F of this chapter
(relating to Background Checks).
(d)
You must submit evidence that you have completed 15 clock
hours of continuing education each year during the two-year renewal period
for each license. The same training hours may be counted toward both licenses
only if the training appropriately applies to both license types. (For example,
training on adoption law would count toward renewal of a Child-Placing Agency
Administrator's License but not a Child Care Administrator's License, whereas
training on federal equal employment opportunity hiring requirements and guidelines
would count toward renewal of both licenses.)
§745.9011.What happens if I do not renew my administrator's license?
(a)
If you fail to renew your administrator's license before
the expiration date of the license, you must cease acting as or representing
yourself as a licensed administrator.
(b)
If you do not renew your administrator's license within
one year after its expiration date, the license is considered lapsed and is
no longer eligible for renewal.
(c)
If you would like to be a licensed administrator after
your license has lapsed, you must reapply as if you had never been licensed.
You must return the expired license certificate to us before we can accept
a new application from you.
§745.9013.How does a remedial action that is pending against my administrator's license affect renewal requirements for that license?
(a)
A remedial action that is pending against your administrator's
license has no effect on renewal requirements for that license. You must still
submit timely and complete renewal documentation and fees.
(b)
If the pending remedial action results in the revocation
or refusal to renew your license, any renewal fees paid during the time the
remedial action was pending will be refunded upon our receipt of a written
request from you.
§745.9015.What happens if I am not able to renew my administrator's license due to active military duty?
(a)
If you are on active duty with the armed forces of the
United States and are serving outside of Texas at the time that your license
expires, you are exempt from the renewal requirements.
(b)
Within one year of your return to Texas or release from
active duty, whichever occurs first, you may request reinstatement of your
license. We will renew your license upon receipt of your request for reinstatement,
documentation of your active duty status at the time your license expired,
and the renewal fee.
(c)
No continuing education will be required prior to reinstatement,
and no extra fees for an untimely renewal will be charged for reinstatement.
§745.9017.Will Licensing return my renewal fee if I am not eligible for renewal?
Yes, upon your written request, we will refund your renewal fee if
we determine that you are not eligible for renewal.
§745.9019.How do I get an additional copy of my current administrator's license?
You must send us your request in writing along with a $5 fee for each
replacement copy of your administrator's license. Your request must include
a statement detailing the loss or destruction of your original license or
be accompanied by your damaged license. Fraud or deceit related to any such
request may result in remedial action per §745.9037 of this title (relating
to Under what circumstances may Licensing take remedial action against my
administrator's license or administrator's license application?).
§745.9021.What information must I report to DFPS?
(a)
You must make written reports of the following to us within
30 days:
(1)
A change of your mailing address, place of employment,
or business or home phone number;
(2)
A change in your legal name;
(3)
The filing of a criminal case against you;
(4)
A criminal conviction against you, other than a Class C
misdemeanor traffic offense;
(5)
The filing of a civil lawsuit against you that relates
to your role as a licensed administrator;
(6)
The settlement of or judgment rendered in a civil lawsuit
filed against you which relates to your role as a licensed administrator;
and
(7)
Complaints against, investigations involving, or actions
against you related to abuse or neglect or another licensing or certification
body regarding health, mental health, or child care services, when known by
you.
(b)
We may use the information received under this section
when deciding to issue a license or take a remedial action.
§745.9023.What will happen if I do not make a report as required by §745.9021 of this title (relating to What information must I report to DFPS?)?
If you fail to make a report that is required by §745.9021 of
this title, we may take remedial action against your administrator's license,
up to and including revocation of your license.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 3, 2006.
TRD-200602467
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 18, 2006
For further information, please call: (512) 438-3437
40 TAC §§745.9031, 745.9035, 745.9037, 745.9039
The amendment and new sections are proposed under Human Resources
Code (HRC) §40.0505 and Government Code §531.0055, which provide
that the Health and Human Services Executive Commissioner shall adopt rules
for the operation and provision of services by the health and human services
agencies, including the Department of Family and Protective Services; and
HRC §40.021, which provides that the Family and Protective Services Council
shall study and make recommendations to the Executive Commissioner and the
Commissioner regarding rules governing the delivery of services to persons
who are served or regulated by the department.
The amendment and new sections implement HRC, Chapter 43, as amended and
added by S.B. 6.
§745.9031.What remedial actions can Licensing take against my administrator's license [
We may take the following actions
against your administrator's
license
[
§745.9035.Can any authority besides Licensing suspend my administrator's license?
A court or Title IV-D agency may suspend your administrator's license
if you fail to pay child support. As set forth in Texas Family Code, §232.011,
we must follow an order suspending your administrator's license.
§745.9037.Under what circumstances may Licensing take remedial action against my administrator's license or administrator's license application?
(a)
We may take remedial action against your administrator's
license or administrator's license application if you:
(1)
Violate Chapter 43 of the Human Resources Code or a rule
of DFPS;
(2)
Circumvent or attempt to circumvent the requirements of
Chapter 43 of the Human Resources Code or a Licensing rule;
(3)
Engage in fraud or deceit related to the requirements of
Chapter 43 of the Human Resources Code or a Licensing rule;
(4)
Provide false or misleading information to us during the
application or renewal process for your own or someone else's application
or license;
(5)
Make a statement about a material fact during the license
application or renewal process that you know or should know is false;
(6)
Have a criminal history or central registry record that
would prohibit you from working in a child-care facility as specified in Subchapter
F of this chapter (relating to Background Checks);
(7)
Use or abuse drugs or alcohol in a manner that jeopardizes
your ability to function as an administrator; or
(8)
Perform your duties as a licensed administrator in a negligent
manner.
(b)
If we revoke your administrator's license, you are not
eligible to apply for another administrator's license for five years after
the date the license was revoked.
(c)
If you have both a Child Care Administrator's License and
a Child-Placing Agency Administrator's License, remedial action may be taken
against both licenses. If we take remedial action against both of your licenses,
you will be notified that the action applies to both licenses. In such a case,
any administrative review and/or due process hearing for both licenses may
be combined at our discretion.
(d)
If we revoke or do not renew your license, you must return
your license certificate to us.
§745.9039.What can I do if I disagree with a remedial action that Licensing takes against my administrator's license?
If you disagree with a remedial action that we take against your administrator's
license, you may request an administrative review. You may also request a
due process hearing of our decision to deny, revoke, suspend, or refuse to
renew your administrator's license. See Subchapter M of this chapter (relating
to Administrative Reviews and Due Process Hearings).
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 3, 2006.
TRD-200602469
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 18, 2006
For further information, please call: (512) 438-3437
40 TAC §§745.9061, 745.9063, 745.9065, 745.9067, 745.9069, 745.9071
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Department of Family and Protective Services or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Human Resources Code
(HRC) §40.0505 and Government Code §531.0055, which provide that
the Health and Human Services Executive Commissioner shall adopt rules for
the operation and provision of services by the health and human services agencies,
including the Department of Family and Protective Services; and HRC §40.021,
which provides that the Family and Protective Services Council shall study
and make recommendations to the Executive Commissioner and the Commissioner
regarding rules governing the delivery of services to persons who are served
or regulated by the department.
The repeals implement HRC, Chapter 43, as amended and added by S.B. 6.
§745.9061.What qualifications must I meet to review and approve an independent pre-adoptive home screening or an independent post-placement adoptive report?
§745.9063.Are there requirements in addition to meeting the qualifications listed in §745.4027 of this title (relating to What qualifications must I meet to review and approve a foster home screening, a pre-adoptive home screenings or a post-placement adoptive report?)?
§745.9065.May someone who does not meet minimum qualifications help me conduct a pre-adoptive home screening or a post-placement adoptive report?
§745.9067.How do I obtain information about the birth parents?
§745.9069.How do I obtain a criminal history or central registry background check for an independent pre-adoptive home screening or independent post-placement adoptive report?
§745.9071.Whom must I contact with a complaint about how an independent pre-adoptive home screening or independent post-placement adoptive report was conducted?
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 3, 2006.
TRD-200602471
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: June 18, 2006
For further information, please call: (512) 438-3437
(6)
Child-care administrator--As defined in §745.8901
of this title (relating to What is a child-care administrator?).
]
(7)
] Child-care facility--An establishment
subject to regulation by Licensing which 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. A child-care
facility does not include child-placing agencies, listed family homes, or
maternity homes.
(8)
] Child day care--As defined
in §745.33 of this title (relating to What is child day care?).
(9)
] 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.
(10)
] Children related to the caregiver--Children
who are the children, grandchildren, siblings, great-grandchildren, first
cousins, nieces, or nephews of the caregiver, whether by affinity or consanguinity
or as the result of a relationship created by court decree.
(11)
] Consanguinity--Two individuals
are related to each other by consanguinity if one is a descendant of the other;
or they share a common ancestor. An adopted child is considered to be related
by consanguinity for this purpose. Consanguinity is defined in the Government
Code, §573.022 (relating to Determination of Consanguinity).
(12)
] Contiguous operations--Two
or more operations that touch at a point on a common border or located in
the same building.
and Regulatory
] Services
(DFPS)
.
(24)
] Minimum standards--The rules
contained in Chapters [
720 of this title (relating to 24-Hour Care Licensing),
] 727 of this title (relating to Licensing of Maternity Facilities),
746 of this title (relating to Minimum Standards for Child-Care Centers),
[
and
] 747 of this title (relating to Minimum Standards for Child-Care
Homes),
748 of this title (relating to General Residential Operations
and Residential Treatment Centers), 749 of this title (relating to Child-Placing
Agencies), 750 of this title (relating to Independent Foster Homes)
and
Subchapter
[
Subchapters H and
] I of this chapter (relating
to [
Residential Child-Care Minimum Standards, and
] Maternity
Home
[
Homes
] Minimum Standards), which are minimum requirements
for permit holders
that
[
and which
] are enforced by
DFPS
[
PRS
] to protect the health, safety and well-being of
children.
(25)
] Neglect--As defined in the
Texas Family Code, §261.401(3) (relating to Agency Investigation) and §745.8559
of this title (relating to What is neglect?).
(26)
] Operation--A person or entity
offering a program that may be subject to Licensing regulation. 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. An operation includes a child-care facility, child-placing agency,
listed family home, or maternity home.
(27)
] Parent--A person that has
legal responsibility for or legal custody of a child, including the managing
conservator or legal guardian.
(28)
] Permit--A license, certification,
registration, listing, or any other written authorization granted by Licensing
to operate a child-care facility, child-placing agency, listed family home,
or maternity home. This also includes a child-care administrator's license.
(29)
] Permit holder--The person
or entity granted the permit.
(30)
] Pre-kindergarten age--As
defined in §745.101(2) of this title (relating to What words must I
know to understand this subchapter?).
(31)
] Program--Activities and
services provided by an operation.
(32)
] 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.
(33)
] Report--An expression of
dissatisfaction or concern about an operation, made known to
DFPS
[
PRS
] staff, that alleges a possible violation of minimum standards or
the law and involves risk to a child/children in care.
(34)
] Residential child care--As
defined in §745.35 of this title (relating to What is residential child
care?).
(35)
] State Office of Administrative
Hearings (SOAH)--See §745.8831 and §745.8833 of this title (relating
to What is a due process hearing? and What is the purpose of a due process
hearing?).
(36)
] Sustained perpetrator--See §745.731
of this title (relating to What are designated perpetrators and sustained
perpetrators of child abuse or neglect?).
Subchapter B. CHILD CARE AND OTHER OPERATIONS THAT WE REGULATE
an unrelated
]
child
who is not related by blood, marriage, or adoption to the owner
or operator of the operation, for all of the 24-hour day, regardless of whether
the operation is operated for profit or charges for the services it offers.
[
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
also includes maternity homes and child-placing agencies.
]
and
] child-placing agencies
, and foster homes verified by a child-placing agency
are included in
the residential child-care chart. [
The chart in paragraph (4) of this
section lists the operations verified by a child-placing agency.
]
(4)
Type of CPA Homes.
]
Figure: 40 TAC §745.37(4)
]
Subchapter C. OPERATIONS THAT ARE EXEMPT FROM REGULATION
Subchapter H. RESIDENTIAL CHILD-CARE MINIMUM STANDARDS
2.
CHILD-PLACING AGENCY STANDARDS FOR CONDUCTING A FOSTER HOME SCREENING, PRE-ADOPTIVE HOME SCREENING, AND POST-PLACEMENT ADOPTIVE REPORT
3.
ADDITIONAL CHILD-PLACING AGENCY STANDARDS FOR CONDUCTING A PRE-ADOPTIVE HOME SCREENING
4.
ADDITIONAL CHILD-PLACING AGENCY STANDARDS FOR FOSTER HOMES AND FOR CONDUCTING FOSTER HOME SCREENINGS
Subchapter H. RESIDENTIAL CHILD CARE: DRUG TESTING AND LAW ENFORCEMENT ADMISSIONS
have direct contact with children in care. It also applies to
all contract employees that have direct contact with children in care and
volunteers that frequently and regularly have direct contact with children.
This policy does not apply to foster parents that are verified by child-placing
agencies.
]
(C)
] Random drug testing--A testing
cycle that varies the frequency and intervals that specimens are collected
for testing and selects employees in a random manner that does not eliminate
already tested employees from future testing. The testing should ensure all
employees are subject to random testing on a continuing basis.
(D)
] Good cause to believe the
person
[
employee
] may be abusing drugs--A reasonable belief
based on facts sufficient to lead a prudent person to conclude that the
person who works under the auspices of the residential child-care operation
[
employee
] may be abusing drugs. Sufficient facts may include
direct observations of the
person
[
employee
] using or
possessing drugs, or exhibiting physical symptoms, including but not limited
to slurred speech or difficulty in maintaining balance; erratic or marked
changes in behavior, including a decrease in the quality or quantity of the
person's
[
employee's
] productivity, judgment, reasoning,
and concentration and psychomotor control, accidents, and deviations from
safe working practices; or any other reliable information.
employee who is alleged to be abusing
drugs must be tested within 24 hours, if there
]
There
is
"good cause to believe the
person
[
employee
] may be
abusing drugs."
Subchapter N. CHILD-CARE ADMINISTRATOR'S LICENSING
3.
LICENSING'S REVIEW OF YOUR APPLICATION
4.
RENEWING YOUR CCAL
5.
REMEDIAL ACTIONS
Subchapter N. ADMINISTRATOR LICENSING
that has a permit to serve seven or more children
]; and
program
] and personnel, regardless of whether
the person
[
he
] has an ownership interest in the operation or shares [
his
]
duties with anyone.
2.
SUBMITTING YOUR APPLICATION MATERIALS for a CCAL ?
for a
CCAL,
] you must submit all required application materials
and a
$100 application fee to the address on the application form
[
,
a $50 license fee, and a $25 examination fee. You may submit these nonrefundable
fees to us in a single $75 payment. Submit all required information to: Child-Care
Administrator's Licensing, Texas Department of Protective and Regulatory Services,
Mail Code E-550, P.O. Box 149030, Austin, Texas 78714-9030
].
The
application fee is nonrefundable.
for a CCAL ] include?
for CCAL
] includes:
(2)
A medical information form
completed by your physician;]
(3)
] A transcript or letter of verification
from the
appropriate
educational institution(s) to substantiate
your educational qualifications;
(4)
]
Two professional
[
Three personal
] references that verify [
experience
]
your professional skills,
[
and
] character
, and if applicable,
two years of full-time work experience
;
(5)
] An employer reference that
documents
your one year of
supervisory experience
(see §745.8919
of this title (relating to What qualifies as one year of experience in management
or supervision of personnel and programs?))
;
(6)
]
An application fee of
$100
[
A fee of $75
];
(7)
] A notarized affidavit documenting
background information
on a form provided by DFPS
; and
(8)
] A
completed
background
check request form
and background check fee
.
3.
LICENSING'S REVIEW OF YOUR APPLICATION
We will determine
your eligibility to take the licensing examination within 21 days after we
receive your complete application materials and fees. If you are eligible,
we will send you written approval to take the examination.
]
decision ] that I do [ am ] not meet the initial qualifications required [ qualified ] to take the licensing examination [ the CCAL exam ]?
decision
],
you may request an administrative review and/or a due process hearing as set
forth in Subchapter M of this chapter (relating to Administrative Reviews
and Due Process Hearings).
CCAL ] examination or do not take the examination ?
CCAL
] until you
pass the examination with a score of
70%
[
80%
] or higher
during that time period
. [
If you are eligible to take the examination,
you may do so up to three times before you are disqualified from taking it
again for one year.
]
This
one-year period begins on the date that you take the third failed examination.
After the one-year period, we will determine your eligibility after you submit
to us a new application, including the $75 application fee.
]
a $25 ] examination fee each time I take a licensing [ the CCAL ] examination?
the CCAL
] examination.
the CCAL ] examination?
CCAL examination
] results
of your examination
within
14
[
15
] days after we receive them from the testing organization.
decide whether to
] issue
or deny
you a
license
[
CCAL
] within
14
[
15
] days after we have your examination results [
, all required
application materials,
] and the results of your criminal history [
background
] and central registry
checks,
[
check
]
including the results of any risk evaluation required based on your criminal
history or central registry history
. [
If your application is still
incomplete 60 days after we receive your examination results, we will notify
you in writing of the deficiency and the information necessary to complete
the application process.
]
against your license or application
] in accordance with
Subchapter F of this chapter (relating to Background Checks).
the Director of Licensing to
] review
the situation. You must submit your written request for the review within
30 days after our time limit expires
[
90 days from the day you
submitted your original application
]. You must send your request to:
Assistant Commissioner for Child-Care Licensing
[
Director of Licensing
], Mail Code E-550, Texas Department of
Family and
Protective
[
and Regulatory
] Services, P.O. Box 149030, Austin, Texas 78714-9030.
Your request must include a specific complaint and any supporting documentation.
Director of ] Licensing receives my request for review?
Director
] will decide
if
[
whether
] we processed
your application within the appropriate timeframes. If the
Assistant
Commissioner
[
Director
] decides that we did not,
he/she
[
she
] will decide if we had good cause to exceed the timeframes.
We will reimburse
your application fee
[
all filing fees
]
to you if the
Assistant Commissioner
[
Director
] determines
that we exceeded the time limits without good cause. The
Assistant Commissioner
[
Director
] will notify you of
his/her
[
her
] decision within 30 days after receiving your request.
had
] during
the same quarter of the previous calendar year;
or
]
(3)
] Any other conditions exist
that give us good cause for exceeding the time period.
4.
RENEWING YOUR ADMINISTRATOR LICENSE CCAL ] remain valid for an indefinite period of time?
CCAL
] every two years.
automatically ] eligible to renew my administrator's license [ CCAL ]?
No,
] you must:
renew my CCAL ]?
child-care
] administrator,
you must request your
administrator's license
[
CCAL
]
renewal [
within 15 days
] before your license expires. We may not
renew your
administrator's license
[
CCAL
] after it has
been expired for more than one year.
renew my CCAL ]?
a CCAL
]
renewal, you must send us:
fulfilled
the requirement to obtain
] 15 clock hours of continuing education
each year during the two-year period before renewal
;
child-care administrator's license
]
renewal form;
CCAL ] even though I am not working as an [ a child-care ] administrator, must I satisfy the continuing education requirements?
renew your CCAL under an
] inactive status if you are not working as
an
[
a child-care
] administrator. You
are not required
to obtain
[
do not have to maintain
] continuing education
while your license is on inactive status
[
requirements in order
to renew your CCAL as inactive
].
CCAL ] as inactive?
do not need
] to undergo
a background check in order to renew your
administrator's license
[
CCAL
] as inactive.
Figure: 40 TAC §745.9003
]
Figure: 40 TAC §745.9005
]
renew an ] inactive to [ CCAL as ] active?
CCAL
] as active, you must submit to us a:
CCAL
] renewal form;
background-check
] form
and fee
.
5.
REMEDIAL ACTIONS will happen if I violate a law governing my CCAL ]?
if you violate a law governing your CCAL
]:
Subchapter O. INDEPENDENT PRE-ADOPTIVE HOME SCREENING AND INDEPENDENT POST-PLACEMENT ADOPTIVE REPORT