Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 30.
MEDICAID HOSPICE PROGRAM
The Texas Department of Human Services (DHS) adopts amendments to §§30.14,
30.16, 30.18, 30.20, 30.54, 30.60, 30.62, and 30.100 without changes to the
proposed text published in the November 22, 2002, issue of the
Texas Register
(27 TexReg 10899).
Justification for the amendments is to outline requirements for intermediate
care facilities for persons with mental retardation or related conditions
(ICF/MR-RCs) that contract with DHS to provide hospice services. The Medicaid
Program allows a person residing in an ICF/MR-RC to elect hospice. The State
Medicaid Manual outlines the requirements providers must follow when they
choose to contract for hospice services. DHS added ICF/MR-RC, as appropriate,
to sections that address NFs to make rule language comply with provider requirements.
The adopted rule language conforms to current DHS usage and practice.
DHS also adopted amendments to clarify rule language. The amendment to §30.14
requires the hospice provider to notify the ICF/MR-RC provider of oral certification
for terminal illness, which is consistent with hospice requirements when contracting
with an NF. The amendment to §30.16 requires the hospice provider to
retain copies of hospice eligibility and level of need (LON) forms at the
hospice and ICF/MR-RC, which is consistent with hospice requirements when
contracting with an NF. The amendments to §30.18 and §30.20 require
the hospice provider to notify DHS of any changes in payment for a hospice
recipient. The amendment to §30.54(a)(11) is a technical change that
replaces the department name with the acronym introduced in paragraph (4).
The amendment to §30.60 outlines per diem rates. The amendment to §30.62
requires the hospice provider to submit the eligibility and LON forms to DHS
before payment for hospice services and room and board, which is consistent
with hospice requirements when contracting with an NF. The amendment to §30.100
requires the hospice provider to record and advise the ICF/MR-RC staff of
any changes in the recipient's condition, which is consistent with hospice
requirements when contracting with an NF, and makes a minor editorial change.
DHS received no comments regarding adoption of the amendments.
Subchapter B. ELIGIBILITY REQUIREMENTS
40 TAC §§30.14, 30.16, 30.18, 30.20
The amendments are adopted under the Human Resources Code,
Chapters 22 and 32, which authorizes DHS to administer public and medical
assistance programs, and under Government Code, §531.021, which provides
the Texas Health and Human Services Commission with the authority to administer
federal medical assistance funds.
The amendments implement the Human Resources Code, §§22.0001
- 22.038 and §§32.001 - 32.053.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 31, 2003.
TRD-200300788
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 1, 2003
Proposal publication date: November 22, 2002
For further information, please call: (512) 438-3734
40 TAC §30.54
The amendment is adopted under the Human Resources Code, Chapters
22 and 32, which authorizes DHS to administer public and medical assistance
programs; and under Government Code, §531.021, which provides the Texas
Health and Human Services Commission with the authority to administer federal
medical assistance funds.
The amendment implements the Human Resources Code, §§22.0001
- 22.038 and §§32.001 - 32.053.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 31, 2003.
TRD-200300789
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 1, 2003
Proposal publication date: November 22, 2002
For further information, please call: (512) 438-3734
40 TAC §30.60, §30.62
The amendments are adopted under the Human Resources Code,
Chapters 22 and 32, which authorizes DHS to administer public and medical
assistance programs; and under Government Code, §531.021, which provides
the Texas Health and Human Services Commission with the authority to administer
federal medical assistance funds.
The amendments implement the Human Resources Code, §§22.0001
- 22.038 and §§32.001 - 32.053.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 31, 2003.
TRD-200300790
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 1, 2003
Proposal publication date: November 22, 2002
For further information, please call: (512) 438-3734
40 TAC §30.100
The amendment is adopted under the Human Resources Code, Chapters
22 and 32, which authorizes DHS to administer public and medical assistance
programs; and under Government Code, §531.021, which provides the Texas
Health and Human Services Commission.
The amendment implements the Human Resources Code, §§22.0001
- 22.038 and §§32.001 - 32.053.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 31, 2003.
TRD-200300791
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 1, 2003
Proposal publication date: November 22, 2002
For further information, please call: (512) 438-3734
Chapter 183.
BOARD FOR EVALUATION OF INTERPRETERS AND INTERPRETER CERTIFICATION
Subchapter G. CERTIFIED COURT INTERPRETERS
40 TAC §183.704
The Texas Commission for the Deaf and Hard of Hearing adopts
new §183.704, concerning Court Certification Equivalency without changes
to the December 6, 2002, issue of the
Texas Register
(27 TexReg 11496) and will not be republished.
This rule will provide an equivalency for Registry of Interpreters for
the Deaf national legal interpreter certification which allows individuals
who hold this certification to be eligible for court interpreter certification
as issued by the Texas Commission for the Deaf and Hard of Hearing upon payment
of appropriate fees.
No comments were received regarding adoption of the new section.
The new section is adopted under the Human Resources Code, 81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this new section.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 31, 2003.
TRD-200300800
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: February 20, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 407-3250
40 TAC §183.705
The Texas Commission for the Deaf and Hard of Hearing adopts
new §183.705, concerning Court Interpreter Services Fees for the Deaf
and Hard of Hearing without changes to the text as published in the December
6, 2002, issue of the
Texas Register
(27 TexReg
11497) and will not be republished.
This rule establishes the procedure for establishing the fees for certified
court interpreter services and establishes who is responsible for payment
of court interpreter services.
No comments were received regarding of the adoption of the new section.
The new section is adopted under the Human Resources Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this adopted new section.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 31, 2003.
TRD-200300799
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: February 20, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 407-3250
Chapter 715.
DAY CARE LICENSING
The Texas Department of Protective and Regulatory Services (PRS) adopts
the repeal of Chapter 715, Day Care Licensing, consisting of §§715.101-715.107,
715.201-715.229, 715.301-715.329, 715.401-715.429, 715.601-715.632, 715.701-
715.730, and 715.9801, without changes to the proposed text published in the
August 16, 2002, issue of the
Texas Register
(27
TexReg 7389).
Part of Licensing's business plan is to review, analyze, and update Licensing
rules to strengthen the protection of children in out-of-home care and improve
an operator's understanding of the rules. The rules in this chapter are repetitive
and outdated, and are grouped according to the type of facility or type of
home where the care is provided. Consequently, the entire chapter is repealed.
The rewritten rules are adopted in Chapter 746, Minimum Standards for Day
Care Centers, and Chapter 747, Minimum Standards for Day Care Homes, in this
issue of the
Texas Register
.
The repeals and new sections will function by creating standards that will
be easier to understand and this should help to improve compliance and reduce
mistakes. In addition, updating health, safety, and well-being standards based
on current knowledge benefits children by reducing the risk of harm in child-care
settings. The consolidation of the minimum standards will bring consistent
expectations between providers offering similar types of care and offer equitable
treatment and expectations for children in care.
No comments were received regarding adoption of the sections.
Subchapter B. MINIMUM STANDARDS FOR REGISTERED FAMILY HOMES
40 TAC §§715.101 - 715.107
The repeals are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and the Human Resources Code, §42.042, which
gives the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The repeals implement the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 24, 2003.
TRD-200300509
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§715.201 - 715.229
The repeals are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and the Human Resources Code, §42.042, which
gives the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The repeals implement the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300510
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§715.301 - 715.329
The repeals are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and the Human Resources Code, §42.042, which
gives the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The repeals implement the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300511
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§715.401 - 715.429
The repeals are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and the Human Resources Code, §42.042, which
gives the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The repeals implement the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300512
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§715.601 - 715.632
The repeals are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and the Human Resources Code, §42.042, which
gives the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The repeals implement the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300513
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§715.701 - 715.730
The repeals are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and the Human Resources Code, §42.042, which
gives the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The repeals implement the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300514
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §715.9801
The repeal is adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and the Human Resources Code, §42.042, which
gives the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The repeal implements the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300515
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
The Texas Department of Protective and Regulatory Services (PRS) adopts
the repeal of §745.801 and §745.803; and adopts new Subchapter P,
Day Care Administrator's Credential Program, in its Licensing chapter. New §745.9109
and §745.9157 are adopted with changes to the proposed text published
in the August 16, 2002, issue of the
Texas Register
(27 TexReg 7393). New §§745.9101, 745.9103, 745.9105, 745.9107,
745.9111, 745.9113, 745.9115, 745.9117, 745.9119, 745.9121, 745.9123, 745.9125,
745.9127, 745.9129, 745.9131, 745.9133, 745.9135, 745.9137, 745.9139, 745.9141,
745.9143, 745.9145, 745.9147, 745.9149, 745.9151, 745.9153, 745.9155, 745.9159,
and 745.9161, without changes to the proposed text and will not be republished.
Also in this issue of the
Texas Register
,
PRS is withdrawing Subchapter Q, High School Alternative Certificate in Child
Care, because of comments received.
The justification for Subchapter P is to allow professional organizations
or educational institutions that PRS recognizes as meeting specific criteria
to issue an administrator's credential. Sections 745.801 and 745.803 are repealed
and the information is moved to new Chapter 746, Minimum Standards for Child-Care
Centers, and new Chapter 747, Minimum Standards for Child-Care Homes, which
are adopted in this issue of the
Texas Register
.
The sections will function by including the procedures in rules now.
During the public comment period, PRS received comments from Professional
Administrators National Credentialing (PAC) and the Advisory Committee on
Child-Care Administrators and Facilities. Both commenters are generally in
support of Subchapter P. A summary of the comments and PRS's responses follow:
§745.9107. What criteria must my credential program meet before Licensing
will recognize my day care administrator's credential?
Comment: We received one comment stating that the commenter complies with
this rule already.
Response: No change is needed as a result of the comment.
§745. 9109. What must I submit to Licensing to demonstrate how I will
ensure the continuity of my credential program?
Comment: A commenter wrote they already comply with paragraphs (1)-(3)
and (5), but object to paragraph (4), in that no one can guarantee the financial
stability of a company. Financial records are the private information of each
company and should be treated as such.
Response: We agree, and are deleting paragraph (4).
§745.9111. How do I demonstrate my method for assessing and selecting
candidates for my credential program?
Comment: We received one comment stating that the commenter complies with
this rule already.
Response: No change is needed as a result of the comment.
§745.9113. How do I demonstrate that someone must acquire competencies
in administering a day care program to complete my credential program?
Comment: One commenter wrote that they already comply with paragraphs (1)-(4),
and in regards to paragraph (5), the commenter wrote that requirements for
employees should be left up to the company's discretion; however, their trainers
are very qualified.
Response: In spite of this comment, the commenter is in favor of this rule.
Documenting minimum qualifications for instructors, and following the requirements
are appropriate practices in ensuring employee competency. We are adopting
this section without change.
§745.9115. How do I demonstrate my criteria for assessing satisfactory
completion of the program?, §745.9117. How do I demonstrate the way in
which a participant must maintain his credential?, §745.9119. How do
I demonstrate my criteria for revoking or denying a credential or otherwise
reprimanding a credential holder?, and §745.9121. How do I obtain Licensing's
approval of my credential program?
Comment: We received one comment stating that the commenter complies with
these rules already.
Response: No change is needed as a result of the comment.
§745.9131. What learning objectives must my program's curriculum include?
Comment: One commenter stated that they comply with this already. One commenter
suggested that 120 hours be used as the baseline for the Child-Care Credential.
Response: Because the inclusion of 120 hours of training would be a fiscal
impact for some of the credentialing programs, and because we did not assess
the fiscal impact, we are not revising this section.
§745.9133. What learning objectives must the child-development portion
of my curriculum include?, §745.9135. What learning objectives must the
business- management portion of my curriculum include?, §745.9137. What
must I do to maintain the Licensing Certificate of Recognition?, and §745.9139.
What steps must I take to renew my Certificate of Recognition?
Comment: We received one comment stating that the commenter complies with
these rules already.
Response: No change is needed as a result of the comment.
In §745.9157, PRS is changing July 1, 2003, to September 1, 2003.
Subchapter G. CHILD DAY-CARE MINIMUM STANDARDS
40 TAC §745.801, §745.803
The repeals are adopted under the Human Resources Code (HRC), §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of Department programs; and Human Resources Code, §42.042 and §43.005,
which gives the Department the authority to promulgate rules to carry out
the statute and to regulate child-care facilities and homes.
The repeals implement the Human Resources Code, §§40.029, 42.042,
and 43.005.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 24, 2003.
TRD-200300521
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§745.9101, 745.9103, 745.9105, 745.9107, 745.9109, 745.9111, 745.9113, 745.9115, 745.9117, 745.9119, 745.9121, 745.9123, 745.9125, 745.9127, 745.9129, 745.9131, 745.9133, 745.9135, 745.9137, 745.9139, 745.9141, 745.9143, 745.9145, 745.9147, 745.9149, 745.9151, 745.9153, 745.9155, 745.9157, 745.9159, 745.9161
The new sections are adopted under the Human Resources Code
(HRC), §40.029, which authorizes the Department to propose and adopt
rules to facilitate implementation of Department programs; and Human Resources
Code, §42.042 and §43.005, which gives the Department the authority
to promulgate rules to carry out the statute and to regulate child-care facilities
and homes.
The new sections implement the Human Resources Code, §§40.029,
42.042, and 43.005.
§745. 9109.What must I submit to Licensing to demonstrate how I will ensure the continuity of my credential program?
To demonstrate how you will ensure the continuity of your credential
program, you must provide the following:
(1)
A statement of your mission or purpose, your number of
years in existence, and a description of your target audience;
(2)
A description of the organizational structure of your credential
program and your experience or track record in related fields;
(3)
A statement of training outcomes and competencies participants
will attain from the training; and
(4)
A statement of your plan for communicating with us, credential
candidates, and credential holders, including your system for maintaining
a database or keeping records of the following for at least three years:
(A)
Candidate applications for the credential program;
(B)
Names and social security numbers of persons granted a
credential;
(C)
Effective dates and renewal dates for persons granted a
credential; and
(D)
Adverse actions against persons granted a credential.
§745.9157.If I currently hold a Certificate of Recognition, when will I have to meet the criteria specified in this subchapter?
If you hold a Certificate of Recognition on September 1, 2003, you
must re-apply for approval by submitting all required information specified
in this subchapter no later than six months from September 1, 2003. You must
include a plan for transition with your request. You must achieve a score
of 95 points or more before we can grant you a Certificate of Recognition.
You may continue to offer credentials during the six months period.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300522
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
The Texas Department of Protective and Regulatory Services (PRS) adopts
new Chapter 746, Minimum Standards for Child-Care Centers. New §§746.105,
746.107, 746.503, 746.505, 746.603, 746.629, 746.631, 746.707, 746.801, 746.909,
746.1003, 746.1011, 746.1013, 746.1019, 746.1047, 746.1049, 746.1103, 746.1105,
746.1107, 746.1113, 746.1201, 746.1203, 746.1205, 746.1403, 746.1507, 746.1605,
746.1611, 746.1613, 746.1617, 746.1703, 746.1711, 746.1803, 746.1905, 746.2103,
746.2107, 746.2115, 746.2201, 746.2203, 746.2205, 746.2403, 746.2405, 746.2421,
746.2503, 746.2505, 746.2605, 746.2703, 746.2705, 746.2707, 746.2805, 746.2809,
746.2811, 746.2901, 746.2907, 746.3201, 746.3207, 746.3301, 746.3303, 746.3305,
746.3309, 746.3317, 746.3401, 746.3405, 746.3413, 746.3419, 746.3421, 746.3427,
746.3429, 746.3431, 746.3433, 746.3501, 746.3503, 746.3505, 746.3601, 746.3701,
746.3901, 746.3903, 746.3905, 746.4001, 746.4203, 746.4205, 746.4207, 746.4213,
746.4301, 746.4309, 746.4311, 746.4401, 746.4403, 746.4405, 746.4407, 746.4409,
746.4503, 746.4509, 746.4511, 746.4603, 746.4815, 746.4903, 746.4907, 746.5011,
746.5105, 746.5605, 746.5607, 746.5609, and 746.5617 are adopted with changes
to the proposed text published in the August 16, 2002, issue of the
PRS is required by Chapter 42 of the Human Resources Code to periodically
review all minimum standard rules. In addition, part of Licensing's business
plan is to review, analyze, and update Licensing rules to strengthen the protection
of children in out-of-home care and improve an operator's understanding of
the rules. The minimum standard rules have been consolidated, updated, and
revised using "plain language" techniques. Consequently, staff are repealing
Chapter 715 and replacing this chapter with two new chapters, Chapter 746,
Minimum Standards for Child-Care Centers, and Chapter 747, Minimum Standards
for Child-Care Homes, which are adopted in this issue of the
Texas Register
.
The current rules are grouped according to the type of facility or type
of home where the care is provided. The new rules consolidate six sets of
minimum standards into two, one for home-based care and one for center-based
care. We believe that consolidating the standards in this manner will help
PRS and providers focus on meeting the needs of children in care. The majority
of changes to the standards are due to the consolidation of six sets of standards
into two sets.
The existing minimum standard rules in Chapter 715 are outdated. Four of
the six sets of minimum standards in Chapter 715 have not been revised since
1985. In order to update the minimum standards, information has been obtained
from providers, parents, Licensing staff, and provider associations. In addition,
the changes incorporated are based on the review of available research and
literature relating to the child development field, and health and safety
practices recommended by experts such as the Consumer Product Safety Commission,
Centers for Disease Control, American Society of Testing Materials, and the
American Academy of Pediatrics.
The new sections will function by providing standards that are easier to
understand, which should help improve compliance and reduce mistakes. In addition,
updating health, safety, and well-being standards based on current knowledge
benefits children by reducing the risk of harm in child-care settings. The
consolidation of the minimum standards will bring consistent expectations
between providers offering similar types of care and offer equitable treatment
and expectations for children in care.
The Board considered public testimony concerning these rules at the Board
meetings held on July 26, 2002, August 22, 2002, September 20, 2002, and November
22, 2002. PRS provided an additional opportunity for public testimony at a
meeting on September 27, 2002. PRS received comments to these rules from a
total of 867 different commenters. Commenters included child-care providers,
parents, Representative Norma Chavez, Representative Yvonne Davis, Representative
Delwin Jones, business groups, professional organizations, other governmental
entities, and concerned citizens.
The following groups and associations commented on one or more rules in
this chapter:
The Texas Licensed Child Care Association (TLCCA) expressed overall concerns
regarding the impact of new standards on the affordability and availability
of childcare, as well as potential conflicts or redundancy with the regulatory
authority of other agencies, and urged that rules be more outcome and results-oriented
rather than prescriptive and process-oriented; TLCCA also related concerns
about various aspects of proposed rules regarding the following subjects:
sign-in and sign-out logs; illness/injury forms; required recordkeeping, the
cost of reproducing records, record retention periods, and return of records
submitted to Licensing; differing standards for directors of after-school
programs; lowering of professional qualifications; training content and limits
on self-instructional training; supervision of children by directors; required
equipment; discipline policies; food and nutrition requirements; hot water
for hand washing; pest control; diaper changing; lack of first-aid kits in
all vehicles; persons to whom a child may be released; the negative impact
of changing the definition of an infant to a child under 24 months, as opposed
under 18 months; ambiguous language concerning hazards during outdoor activities;
cost of sinks; location of toilets; handrails on climbing equipment; costs
of resilient surfacing; fire inspections and fire extinguishers. The TLCCA-Greater
Houston Chapter opposes aspects of the rules that appear to dictate curriculum;
conflict with employment rules; require additional plumbing costs; allow access
to confidential center records; limit the number of centers a director may
direct; require homework in after-school care; require oversight of pest-control
applications; mandate monthly fire inspections; and negatively impact providers
in general. Allen Child Care Owners/Directors expressed overall concern about
the costs and impact of these rules, and related specific concerns about various
aspects of proposed rules concerning director qualifications; making information
about the children accessible to substitute caregivers; increased limits on
self-instructional training; training requirements for substitute caregivers,
contractors, and volunteers who do not provide direct care to children; definition
of the "specified age" of a group of children; costs of requiring safety straps;
items allowed in cribs; room arrangement and supervision; required shelving
units, furniture and equipment; daily reports for infants; diaper changing
surfaces; illnesses prohibiting children from being in care; "use zones";
inspection of playgrounds; pool fence specifications; safety restraint systems
and communication devices in vehicles; and incident/illness forms. The Center
for Public Policy Priorities (CPPP) commented in favor of improved child-care
quality, but expressed concerns that any increase in costs resulting from
the new standards will make child-care less accessible to low-income and other
working families; the CPPP urged the use of incentives to assist child-care
providers in transitioning to higher-quality child care.
Educational First Steps supported numerous aspects of the proposed standards,
but opposed allowing a waiver for GED requirements; opposed allowing substitutes
to forgo annual training if they substitute on five or fewer occasions and
urged even stronger standards than those proposed for ratios and group sizes.
The Greater Houston Collaborative for Children, and its community collaborative,
Early Connections, commented in support of all increased standards relating
to staff/child ratios, education and training requirements, health and safety
and age-appropriate activities, but urged that directors be limited to directing
only one facility and opposed allowing an alternative certificate to the GED;
urged that centers be required to comply with resilient surfacing requirements
for playgrounds in two years rather than five; and opposed allowing substitutes
to forgo annual training if they substitute on five or fewer occasions. The
Children's Defense Fund offered comments generally supporting improved staff/child
ratios and lower group sizes; increased education and training requirements
for directors and caregivers; and improved health and safety standards, particularly
regarding hygienic practices that reduce the spread of infectious diseases.
The Texas Association of Child Care Resource and Referral Agency (TACCRRA)
commented in general support of improved standards for the protection of children
as well as the limits on self-instructional training; but expressed concerns
regarding use of the "specified age" rather than "age of the youngest child"
in determining group sizes; the fact that untrained workers could substitute
for even one day; concerns regarding the alternative certificate to the GED;
and recommended increased educational requirements for caregivers with less
direct experience. The Southwest Technical Resource Center for IPM in Schools
and Child Care Facilities commented on the rules relating to application of
pest control and urged that we emphasize that only licensed pest control applicators
can apply pesticides in a day-care facility. United Ways of Texas offered
general support for standards that improve the quality of daycare, but urged
improvements in staff/child ratios, enhanced training for caregivers, and
more guidance on center activities to promote social and cognitive development
of children. United Way of Metropolitan Dallas opposed allowing an alternative
to a GED and recommended strengthening staff/child ratios and increasing subsidized
child-care reimbursement rates. The Fund for Child Care Excellence offered
general support for the increased standards relating to quality child care,
specifically those standards relating to location of sinks; resilient surfacing;
alternatives to a GED in hardship cases; improved ratios and group sizes based
on age of youngest child; limits on self-instructional training; and more
stringent supervision requirements. Work Source for Dallas County opposed
those aspects of the proposed rules which would lower minimum qualifications
for caregivers or allow a person under 18 to care for children and opposed
allowing any center employee, caregiver, or volunteer to care for children
without required training, even on one occasion and even if these persons
are not counted in child/caregiver ratios.
In addition to the groups and associations commenting on these standards,
a number of other state and local governmental entities offered comments or
suggestions relating to their official areas of expertise. The City of Dallas
expressed concern relating to who has jurisdiction to perform a fire inspection.
The City of Lewisville commented on potential conflicts between the proposed
rules and local ordinances concerning fire inspections. The Texas Department
of Health, Zoonosis Control Division offered comment on the rules relating
to pets and other animals in the child-care home. The Structural Pest Control
Board expressed concern regarding potential conflicts with the laws and rules
relating to pest control. The Texas Department of Health expressed concerns
about the wording in the proposed rules concerning the ages on which children
must receive vision and hearing screenings. The Texas Department of Human
Services Special Nutrition Program offered comments regarding the food service
and nutritional requirements under the Child and Adult Care Food Program (CACFP).
The Texas Department of Public Safety recommended stronger standards relating
to transportation safety.
General Comments
:
Comment: Seven commenters express that it is not feasible to pass on costs
incurred in meeting the proposed standards to parents. These commenters state
that raising the cost of child care would cause an undue hardship to families,
resulting in their seeking alternate (and possibly substandard or unlicensed)
care for their children. These commenters state that any increase in costs
will therefore be absorbed by the child-care facilities.
Response: We understand that any increase in costs must be met by either
child-care providers or parents. We also understand that many child-care providers
do not feel they can raise their rates in the current market. We have made
every effort in the final adopted version of these rules to balance our statutory
duty to adopt minimum standards that ensure the health, safety, and well-being
of children in care with the economic realities of the child-care industry
and working families.
Comment: One commenter writes to say that she was upset at the overall
quality of child-care centers she had visited and wants to ensure that PRS
better handle violations during inspections, conduct inspections more frequently
with a more effective outcome, and maintain better standards in child-care.
Response: We appreciate the concerns of all parents of children in care.
The rules do not address policies regarding inspections; however, we believe
that the adopted rules will improve the providers' ability to comply with
standards that protect children and will improve Licensing's ability to enforce
these standards.
Comment: One commenter does not agree with the conclusions of the fiscal
impact study.
Response: The fiscal impact study was based in large part on the responses
to the survey sent to all child-care providers. We recognize that the cost
of certain goods and services will vary greatly throughout the state of Texas
and made every attempt to capture the overall fiscal impact of the proposed
changes on the average child-care provider.
Comment: One commenter states that the question and answer format was confusing.
Two other commenters also wrote that they do not like the plain-language format
of the proposed rules. Three commenters state that the plain language format
was helpful.
Response: We recognize this change in formatting may be initially confusing
for some, but believe that it will become easier to use with time.
Comment: One commenter commends PRS for incorporating current health and
safety research into the standards for child-care providers and expresses
overall support of the proposed rules for both center-based and home-based
providers.
Response: No changes are needed as a result of this comment.
Comment: One commenter expresses her concern that children are no longer
supervised like they should be; more and more accidents are happening at day
cares that could be prevented; children are yelled at and belittled; state
provisions for the ratio of children per adult are exceeded or not met; children
are not viewed as individuals but as a whole; and child-care services are
way overpriced.
Response: We hope that the minimum standards will help clarify expectations
for child-care providers, parents, and PRS and better ensure the health, safety,
and well being of children in care.
Comment: One commenter complains that the location of the September Board
meeting in Brownsville was inconvenient to the majority of Texans.
Response: We recognize that Texas is a large state and therefore, the majority
of the public will have to travel in order to participate in a public meeting.
We regret any inconvenience associated with participating in the rule revision
process. We did enable the public's participation in the public comment process
by holding an additional public meeting in Austin, Texas on September 27,
2002, and by posting the proposed rules for public comment for 45 days.
Comment: One commenter stated her thoughts that everybody who cares for
children should have a license with no exceptions and that the rules should
be even-handed for those who care for one child or 300 children.
Response: The rules do not speak to the exemptions provided for some educational
facilities and child-care providers. Regarding the different types of regulated
child-care settings, there are differences in the environments that warrant
distinctions, but that does not preclude us from equally protecting the children
in each setting. Furthermore, the law distinguishes between different types
of regulated child care.
Comment: Twelve commenters write, "The new initiatives that increase quality
can also impact the need for dollars dedicated to the training of teachers
and directors as well as the equipment to add to the program. All early childhood
programs need money to reach higher quality." Six other commenters oppose
the overall adoption of the proposed minimum standards because they think
that the revisions will impose unreasonable financial burdens on child-care
providers.
Response: We recognize that there are costs associated with the proposed
minimum standards and with quality child care as a whole. We have made every
effort to balance our responsibility for ensuring the health, safety, and
well being of children in care with the economic realities of the child-care
industry and working families.
Although not in response to public comment, we have determined that an
implementation date of July 1, 2003, did not provide sufficient time for providers
and others to prepare to operate in compliance with all new standards. Accordingly,
we have decided to make the effective date of these rules consistent with
the new state fiscal year that begins on September 1, 2003. PRS is changing
the date July 1, 2003, to September 1, 2003, in §§746.107, 746.1019,
746.1617, 746.1711, 746.1803, 746.2103, 746.2107, 746.2405, 746.4207, 746.4301,
746.4401, 746.4403, 746.4407, 746.4511, 746.4815, 746.4903, and 746.5011.
To conform with Texas Register formatting requirements, PRS changed the degree
sign to "degrees Fahrenheit" in §746.3413.
Following is a section-by-section discussion of rules for which we received
specific comments. Throughout the following discussion of comments and responses,
the acronym HRC refers to the Human Resources Code. The term "Licensing" refers
to the Child Care Licensing Division within PRS.
§746.105. What do certain words and terms mean when used in this chapter?
Comment: Six comments were received on the definition of corporal punishment
in paragraph (21). Several commenters support a prohibition against corporal
punishment, while several other commenters state that corporal punishment
should be permitted. One commenter states the definition should not include
"touching" in any way, while another asks that the words thumping and rapping
be defined. Several commenters stated parents should be involved in deciding
how to discipline their child.
Response: We are adopting this paragraph without change for the following
reasons. Most of these comments concern the standards relating to corporal
punishment found in §§746.2801, 746.2803, 746.2805, 746.2807, 746.2809,
746.2811, and 746.2813, rather than the actual definition of the term corporal
punishment. Our response to comments supporting or opposing the prohibition
against corporal punishment is included in the response to comments on these
later rule sections. It is appropriate for caregivers to model positive behaviors
for children, therefore we do not want to prohibit all physical contact or
touching of a child by including "touching" in the definition of corporal
punishment. Rapping, thumping, popping, and flicking are only examples of
various terms used for inflicting corporal punishment on a child and we do
not believe these terms require further definition.
Comment: We received one comment regarding proposed paragraph (32). The
commenter asked if the 20-second requirement for hand washing is necessary,
and states that the National Association for the Education of Young Children
(NAEYC) recommends hand washing for 10 seconds.
Response: We are deleting this definition because it is no longer needed
based on changes to §746.3419. As a result of this change, all remaining
paragraphs in this section have been renumbered accordingly.
Comment: We received nine comments opposing the definition of infant in
proposed paragraph (35) because the definition would prevent them from providing
infant care.
Response: In response to these comments we are changing the definition
of infant to a child from birth through 17 months. This is consistent with
the current definition of "infant" in minimum standards for group day-care
homes and drop-in care. Although the definition for an "infant" in the current
day-care center minimum standards is a child younger than 12 months, the term
"infant" is not used to determine group sizes or ratios. Rather, current day-care
standards for group sizes and ratios are based on ages, and these standards
have not changed as a result of the adopted definition of an infant as a child
under 18 months. Current day-care standards for the health and safety of children
under 18 months are also consistent with the adopted definition of "infant."
Comment: We received two comments opposing the definition of toddler in
proposed paragraph (47). The commenters stated that the National Association
for the Education of Young Children (NAEYC) defines toddlers as 13-23 months.
Response: Current minimum standards do not define a toddler, and there
is no consistent definition for a toddler used by the many state and national
organizations that address the issues of child-care and child-development.
As a result of the change we are making in the adopted definition of an infant,
we are making a corresponding change to the lower end of the age range for
a toddler to begin at 18, rather than 24, months. We are leaving the high
end of the age range at 35 months in order to be consistent with our Licensing
rules at 40 TAC §745.101(2) - which define pre-kindergarten age children
as beginning at the age of three. In addition, we believe that standards proposed
and adopted for toddlers, such as those in Subchapter I, relating to Basic
Care Requirements for Toddlers, are appropriate for children ages 18 through
35 months.
§746.107. What types of operations do these minimum standards apply
to?
Comment: We received 30 comments regarding paragraph (a)(3). Twelve commenters
want the option to choose whether to remain a home or become a center for
those who operate in a location other than their own home. Seventeen commenters
state current group day-care home (GDCH) caregivers that operate in a location
other than their home would experience a significant fiscal impact due to
loss of reimbursement from the Child and Adult Care Food Program (CACFP).
One commenter supports this rule.
Response: Discussions with the Texas Department of Human Services (DHS)
Special Nutrition Program (SNP) have confirmed that when existing GDCHs become
licensed child-care centers, they will lose their eligibility to qualify as
a home and receive reimbursement for the CACFP. CACFP qualifications for day
care centers are impractical for homes caring for 12 or fewer children. In
the survey conducted to assess fiscal impact, 22.4% (approximately 416 homes)
would be affected by this change. As a result, we are deleting subsection
(a)(3) and revising subsection (b). Additionally, we are adding subsection
(c) to this rule for clarity for the reader and Licensing enforcement about
what is meant to be operating in one's own home. This section was also adopted
with a change to replace the date July 1, 2003, with September 1, 2003.
§746.201. What are my responsibilities as the permit holder?
Comment: We received nine comments. Two commenters were concerned about
the use of the term "permit holder" rather than "licensee." Four commenters
state many parents are of questionable character or criminal background, and
providers should be able to limit access within the center or at night, along
with the time visits are made and the length of time spent in the center.
Two commenters wonder about the legislative mandate that allows us the right
to write employment rules. One commenter supports this rule.
Response: We are adopting this section without change for the following
reasons. The use of the term "permit holder" in the rules is consistent with
the definition in §745.21(28) and §745.21(29) for permit and permit
holder. The term permit holder is legally sound and is used in the rules to
create a universal term for the different regulatory categories. It will not
prevent a child-care center from calling itself "licensed." HRC, §42.0427
requires all areas of a licensed facility be accessible to the parent of a
child who is receiving care at the facility, if the parent visits the child
during the facility's hours of operation. The director may accompany any parent
to and from his child's group, or may limit the amount of time a parent spends
at the center, if the director believes this is necessary to protect the children
in care. The rule is not an "employment law." HRC, §42.042(e) requires
us to enact minimum standards, which promote the health, safety, and welfare
of children attending a facility. We will not meet this responsibility if
it does not address the responsibilities of the permit holder.
§746.303. Must I notify Licensing of changes I make regarding the
governing body or director of my child-care center?
Comment: Two commenters state that the five-day window for notifying us
of changes in the governing body or director is too narrow and should be extended.
Response: We are adopting this section without change for the following
reasons. We do not believe that an extended timeframe would be adequate. Current
day-care center standards require that an operation notify us as soon as possible,
but do not provide enough specificity to clarify expectations. It is important
that we be timely notified of a change in director so that qualifications
can be evaluated and we can ensure the operation of a center is not at risk.
The proposed rule allows the permit holder up to five days after the change
to notify Licensing.
§746.305. What other situations require notification to Licensing?
Comment: Two commenters state that it is unrealistic to call all of the
parents each time conditions in the center are unsanitary.
Response: We are adopting this section without change for the following
reasons. The proposed rule requires the permit holder to notify Licensing
of any event that renders the child-care center unsafe or unsanitary. Examples
of such events are the lack of running water, sewer backups, and flood, fire,
or storm damage. Notifying parents protects children from high-risk situations.
§746.401. What items must I post at my child-care center at all times?
Comment: One commenter opposed posting and documenting as overly burdensome,
and asserts these requirements take time away from the children.
Response: We are adopting this section without change for the following
reasons. The proposed rule requires posting basic items such as menus, the
license, activity plans, and inspection reports, so that parents and others
can easily see them. Posting this information is an important part of communication
with parents and provides parents the opportunity to monitor the care they
have selected for their child.
§746.501. Must I have written operational policies?
Comment: We received 58 comments, 54 supporting the requirement for written
operational policies. One commenter opposes the proposed rule and stated,
"no more paperwork." Two commenters question whether operational policies
can differ from the minimum standards. One commenter questions the cost of
preparing and printing forms.
Response: We are adopting this section without change for the following
reasons. The documentation of these policies, which is "paperwork," is related
to minimum standards. It is necessary for parents to know how these various
requirements will be handled by the center. Operational policies may go beyond
minimum standards, but may not conflict. We believe the cost of preparing
and printing these policies to be minimal.
§746.503. Must I provide parents with a copy of my operational policies?
and §746.505 What must I do when I change an operational policy or an
item in the child-care enrollment agreement?
Comment: One commenter requests that the requirement to keep a signed copy
of written operational policies in each child's record be deleted or changed
to require only one copy for each family.
Response: We agree and are adopting these two sections with changes based
on the comment.
§746.601. Who has the right to access children's records?
Comment: We received three comments, two supporting the proposed rule,
and one recommending obtaining written permission before reproducing records.
Response: We are adopting this section without change for the following
reasons. Licensing staff need to review or reproduce documentation in order
to enforce compliance with minimum standards.
§746.603. What records must I have for children in my care and how
long must I keep them?
Comment: We received 89 comments stating that we are mandating accessibility
to confidential records.
Response: The proposed rule is not a change from current standards, which
states that all records required by the minimum standards be maintained and
made available for inspection during the center's hours of operation. Each
record listed in this section is required by minimum standards, and Licensing
staff must have access to them in order to evaluate compliance. We are adopting
this section with changes to provide clarity for the reader and licensing
enforcement.
§746.609. Must I update the admission information?
Comment: One commenter states that admission records change too frequently
to require that they be kept updated. The commenter also asks how updating
the records would affect them and how would it make the center better.
Response: We are adopting this section without change for the following
reasons. The fact that information changes frequently is the reason to update
information. The facility needs to know where to contact parents and needs
to be aware of any changes in care required by the child. Routine updating
of records facilitates communication between the parent and the child-care
center. It also ensures that accurate information is available during an emergency
so that the child's needs can be met.
§746.611. Must I have a health statement for children in my care?
Comment: One commenter requests that the physician's statement be clarified
because the form is confusing.
Response: We are adopting this section without change for the following
reasons. Our form is only a sample. The proposed rule allows for a health-care
professional who has examined the child in the past year to confirm the child
is able to participate in child-care center activities. An option is also
provided for the parent to sign at enrollment and provide the statement from
a health-care professional within the following 12 months.
§746.615. Are there exemptions for immunization requirements?
Comment: One commenter recommends that we add a "yearly" requirement to
HRC §42.043(d)(1), so it will read, "An affidavit signed yearly by a
licensed physician stating that the immunization would be injurious to the
health and well-being of the child or a member of the child's family or household."
This will prevent a temporary exemption from becoming a lifetime exemption,
thus exposing the child to unnecessary risk.
Response: We are adopting this section without change for the following
reasons. Only the legislature can modify HRC, Chapter 42. Proposed §746.615
states that exemptions for immunization requirements must meet criteria specified
by the TDH rules in 25 TAC §97.62. A statement very similar to the one
suggested is included in the TDH rule, which says the statement is valid for
only one year from the date it is signed by the physician.
§746.623. What documentation is acceptable for immunization records?
Comment: One commenter states that centers should be discouraged from keeping
the original record in order to prevent the parent from losing track of its
whereabouts. Under current law and medical practice, past shots that cannot
be documented must be repeated. This creates the possibility for an additional
expense, confusion at school entry, and stress for the child.
Response: We are adopting this section without change for the following
reason. Subsection (b) of the proposed rule allows the center to keep the
original record, a photocopy, or a handwritten copy that the child-care director
has signed.
§746.627. Must children in my care have a tuberculosis (TB) examination?
Comment: One commenter provided copies of the TDH policy in regards to
TB skin testing for children. It is not recommended to test low-risk children.
It might be useful to require that a questionnaire be administered on a yearly
basis, and only those day-care children who are determined to be a high-risk
be tested.
Response: We are adopting this section without change for the following
reasons. The screening questionnaire should be completed by a health-care
professional, not a child-care employee. The proposed rule requires TB testing
be done according to requirements of the regional TDH office or local health
authority.
§746.629. Must children in my care have vision and hearing screening?
Comment: One commenter states that 120 days to screen children is hard
to maintain because they have new enrollments all of the time. One commenter
stated that paragraph (1) should include, "not within 120 days of the date
the child turns four, five and six, and must be four years old by September
1st", Paragraph (2) should include 9th grade, and in addition, first grade
and up do not fall within the 120 days; they can be screened anytime during
the school year.
Response: We are adopting this section with changes to address the commenter's
concern and to be consistent with Texas Department of Health rules.
§746.631. Must I keep attendance records or a sign-in and sign-out
log for children in my care?
Comment: We received six comments. Four commenters stated that keeping
a written paper is an unnecessary burden for parents, and duplicates requirements
of TWC and DHS. One commenter stated that the question in this rule talks
about both attendance records and sign-in and sign-out logs, yet there is
nothing in the answer about attendance records. In addition, the commenter
suggested an employee's or parent's initials not be allowed on the sign-in
and sign-out logs. One commenter stated that it is time consuming for staff
and requires more pages to have room for employees' signatures, not to mention
the cost of extra paper and ink.
Response: The proposed rule does not specify that sign-in and sign-out
logs have to be on paper; an automated system will meet the requirements.
We have agreements with TWC and DHS to avoid duplication of inspection and
would not inspect for the same items another state agency has already inspected.
Operations may go above and beyond the minimum standards requirements. We
believe requiring an employee or parent's initials is sufficient to document
attendance. In response to comment we are changing the title of the rule to
eliminate the reference to "attendance records."
§746.707. Must I share a copy of the Incident/Illness Report form
with the child's parent?
Comment: We received 16 comments, 13 requesting that we require that they
verbally inform a parent of any and all incidents/accidents, obtain their
signature, and place the incident/accident form in the child's record. Three
commenters state that requiring a parent to sign an accident or illness report
the day the incident occurs is insensitive to a parent distraught over a child's
condition and does not give the center time to write up a full report. These
commenters recommend that a center have 48 hours to complete the report and
have parents sign it.
Response: This rule in combination with §746.709 requires notification
to parents, signature and maintenance of the report in child-care records.
We are adopting the section with changes based on comments to allow 48 hours
to obtain a parent's signature.
§746.709. Where must I file the Incident/Illness Report form and how
long must I keep it?
Comment: Four commenters asked that the retention period for incident reports
be the same as other record retention periods, and in addition one of these
commenters asked if there are Health Insurance Portability and Accountability
Act (HIPPA) implications for illness records.
Response: We are adopting this section without change for the following
reasons. The proposed record retention period is the same as for other records
for children in care. We do not believe that the requirements of this section
are prohibited by HIPPA.
§746.801. What records must I keep at my child-care center?
Comment: We received nine comments. Four commenters want us to coordinate
with other inspecting agencies and prepare a comprehensive list of required
records. Two question whether we followed through with legislative directives
in HRC, §42.0443 in establishing a common inter-agency database for inspections.
One questions why we need to review the food program audit report. Two question
what information is needed for attendance records for employees and what purpose
is served in retaining attendance records while employed.
Response: The proposed rule lists all the required documentation required
by these rules in one place. The recommended changes provide convenience to
the reader by showing where related requirements exist in rules. This also
confirms that these are not additional requirements, but merely a comprehensive
list of the requirements in other subsections. When we update our agreements
for inspection protocols with other inspecting agencies, we will pursue developing
a comprehensive list of all agencies' record requirements. Our new Licensing
automation system provides data from our inspections to other inspecting agencies.
It is not a common database as it contains only PRS data. Documentation of
attendance for current employees is addressed in proposed rule §746.905
and is used to determine compliance with minimum standards. We are adopting
this section with changes to clarify the rule for the reader and Licensing
enforcement and to replace the reference to the most recent "Texas Workforce
Commission inspection report" with a reference to the "local workforce board
Child Care Services Contractor inspection report", since this is the entity
that conducts the inspection.
§746.803. How long must I keep these records at my child-care center?
Comment: Four commenters asked that we coordinate with other inspecting
agencies and prepare a comprehensive list of required records. One commenter
stated that the record retention period is not long enough, especially if
any type of incident or injury occurs at the center, because the statute of
limitations for any civil or criminal suit related to an incident or injury
is a much longer period. If the records are no longer available, the day-care
center will be unable to produce the necessary records that will be required
in the case of a lawsuit or inquiry. One commenter questioned how long records
should be kept now and agreed with the proposed three months timeframe.
Response: We are adopting this section without change for the following
reasons. When we update our agreements for inspection protocols with other
state agencies, we will pursue developing a comprehensive list of all agencies'
records requirements. The required record retention period is similar for
most records. The retention periods required by Licensing ensure documentation
is available to determine compliance with minimum standards; we do not believe
it is our role to ensure that records are retained long enough to facilitate
any possible future civil or criminal suit based on an incident or injury
occurring in a facility. Operations may retain any and all of their records
longer than is required by the minimum standards if they believe this is necessary
for any reason. Record retention is specified in the current day-care center
standards for some types of records, but not all.
§746.901. What information must I maintain in my personnel records?
Comment: Four commenters state that maintaining personnel records duplicates
requirements of other agencies, particularly TWC and the Department of Labor.
One commenter states that the center has to have proof of submitting a background
check, but PRS has no timeframe for returning the findings.
Response: We are adopting this section without change for the following
reasons. Personnel records maintained for other agencies' requirements might
be used to satisfy our minimum standards, if all requirements are included.
We have a written agreement with TWC to accept their monitoring of duplicate
records in lieu of Licensing reviewing the same records. The proposed rule
does not address the background check process; however, we cannot guarantee
a timeframe for returning the findings since we have no control over the length
of time it takes law enforcement agencies to provide the information.
§746.903. What additional personnel records must I maintain for my
child-care center director?
Comment: Four commenters object to the term "permit holder" being used
in this rule, and state that the word permit should not replace license.
Response: We are adopting this section without change for the following
reasons. The term "license" is not being replaced by "permit." Permit is an
inclusive term used throughout Licensing rules in this chapter and Chapter
745. Permit refers to both a "license" and a "certification" that are issued
under this chapter.
§746.905. Must I maintain attendance records or time sheets on my
employees?
Comment: Four commenters state that the US Department of Labor covers requirements
for wages and hours.
Response: We are adopting this section without change for the following
reasons. The proposed rule requires only that a child-care center maintain
attendance records. A permit holder may use time sheets for employees to document
their attendance at the child-care center during hours of operation. There
are no requirements in the proposed rules related to wages.
§746.907. How long and where must I keep the required personnel records?
Comment: One commenter recommends that records on employees should be kept
for five years after the date of termination. One commenter agrees with the
three-month timeframe.
Response: We are adopting this section without change for the following
reasons. The proposed rule requires that personnel records be kept at least
three months after an employee's last day on the job and that their annual
training records be kept for the last full training year and current training
year. Operations may have longer retention schedules for records than those
required by minimum standards.
§746.909. May Licensing access my personnel records?
Comment: Four commenters state that centers might not be able to duplicate
records when Licensing staff request it and question the responsibility for
the cost. Two commenters express concern that the proposed rule, allowing
us access to employee personnel records, will put centers at risk of violating
state and federal laws protecting employee confidentiality.
Response: Licensing staff must have access to records required by minimum
standards during hours of operation to determine compliance and we do not
believe this rule conflicts with other state or federal laws. Since some centers
do not have the ability to photocopy a record, we are adopting this section
with changes to clarify that Licensing will photocopy the records if necessary.
§746.1001. Who is the child-care center director?
Comment: Twelve commenters support the proposed rule stating on-site directors
are a plus to quality programs. Directors who cannot be available to staff,
families, and children often leave a center with less than efficient programs.
One commenter states that the definition of on-site director couldn't be met
because the director can direct multiple centers. This rule can be interpreted
in different ways.
Response: We are adopting this section without change for the following
reasons. There are no set hours a director must be on-site. The director must
be on-site enough to ensure the facility's compliance with minimum standards
and to ensure that the staff are supervised and are carrying out their assignments.
Both the compliance history of the facility and the accessibility of the director,
when away from the center, are important in determining compliance with this
standard.
§746.1003. What are the director's responsibilities while at the child-care
center?
Comment: We received 95 comments regarding this rule. Eighty-nine commenters
oppose the proposed rule stating we are writing employment rules without the
force of law or legislative mandate. Four commenters state that this rule
is difficult to read, especially paragraph (4). One commenter opposes paragraph
(5) because the outcome of care should be the issue for the state, not personnel
issues such as staff. One commenter opposes paragraph (6) because requiring
the director to be responsible for employee absences is not manageable.
Response: HRC §42.042(e)(3) requires us to enact minimum standards
that "ensure adequate supervision of children by capable, qualified, and healthy
personnel." We meet this responsibility by addressing the role of the child-care
center director in ensuring the adequate supervision of children. This is
not a change from the current rule. One of our most important objectives in
rewriting the standards is to make them easier to read. Paragraph (5) reflects
current day-care center requirements. Employee absences cannot be predicted,
therefore, a director must be prepared for these times by having substitute
caregivers available to ensure minimum child/caregiver ratios and adequate
supervision are maintained for the children's safety. We are adopting this
section with changes to paragraphs (4)-(6) to provide greater clarity based
on the comments.
§746.1005. If I operate after-school care programs at multiple locations,
must I designate a director for each child-care center?
Comment: We received 68 comments. Sixty-two commenters state a director
should only be in charge of one center. Five of them stated that a child in
an after-school program is no less worthy of protection than a child in full-time
day care. The director requirements should be equal. Three commenters support
this standard. One of them stated that directors of after-school programs
should be limited to five or fewer programs. One commenter stated PRS is being
inflexible. One commenter wants more time to comply with the educational requirement
for a director with responsibility for more than five centers. One wants the
number of centers a director is responsible for to be tied to the monitoring
plan.
Response: We are adopting this section without change for the following
reasons. After-school programs operate only for a few hours each day and care
only for older children. We believe the rule as proposed acknowledges the
differences between types of care programs, yet contains sufficient safeguards
to ensure qualified persons are in charge of the centers. Paragraph (2) of
the proposed rule provides requirements for a child-care director that directs
more than five after-school programs, but a director who does not meet these
requirements may direct less than five programs until the requirements are
met. Monitoring plans are designed to change as circumstances change at the
child-care center. They are not designed to be used as criterion in determining
how many after-school facilities one person can direct.
§746.1007. May I be the director of my own child-care center?
Comment: Seven commenters asked that "permit holder" be changed to "licensee"
because it diminishes the value of the industry.
Response: A permit is not replacing a license. Permit is a term being used
throughout these rules to refer to all types of permits that we issue and
includes a license, listing, registration, or certificate. The terms "permit
holder" and "permit" are defined in Chapter 745, Licensing, as follows: (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. We are adopting this section without change, since use of this
term allows us a convenient short hand when referring to different types of
regulated facilities.
§746.1011. Must my director be at my child-care center during all
hours of operation?
Comment: We received 179 comments. Eighty-nine commenters oppose limiting
the number of centers the director can direct and requiring the presence of
the director during all operational hours. Fifty-three commenters asked that
we set parameters for how often directors must be on-site. Thirty-two commenters
support this standard with the addition of the phrase, "Directors of full-day
programs may direct only one child-care center," or "Directors may direct
only one child-care center." One commenter stated that a director's constant
visual and auditory proximity and supervision of a center is not feasible.
One commenter stated it would be difficult to find directors that meet the
qualifications and centers would be continually faced with a certain amount
of financial strain to meet these requirements. Three commenters stated there
are times when a director just has to be off.
Response: We are adopting this section with changes based on the comments.
The changes provide greater flexibility to providers so long as the goal of
ensuring proper oversight and compliance with minimum standards is achieved,
which is the goal of this minimum standard.
§746.1013. Must someone else be designated to be in charge of my child-care
center in my director's absence?
Comment: Two commenters asked that PRS not diminish the qualifications
of staff. One commenter supports this standard.
Response: In response to comments this rule is adopted with changes to
ensure that if a director is absent for an extended period of time, a person
who serves in the director's absence must have the same qualifications as
a director and Licensing must be notified of this change.
§746.1015. What qualifications must the director of my child-care
center licensed for 13 or more children meet?
Comment: Two commenters want the minimum educational requirement for a
director to be a degree from an accredited college or university. One commenter
wants the elimination of paragraph (7), which allows a person to have nine
credit hours in child development and nine credit hours in business management
with three years of experience to be a director. Two commenters support the
proposed rule. Two commenters recommend that as the education level decreases,
the experience level increase in order to offset the lower educational level.
One commenter stated we should allow a minimum of three years from the implementation
date to comply with the new qualifications to ensure equity for all types
of care.
Response: We are adopting this section without change for the following
reasons. We believe that the options in the proposed rule allow flexibility
and still ensure qualified persons direct child-care centers. The exemptions
and timeframes for meeting director qualifications are listed in §746.1019.
§746.1017. What qualifications must the director of my child-care
center licensed for 12 or fewer children meet?
Comment: One commenter supports this standard. One commenter requests this
include the director designee of an after-school program.
Response: We are adopting this section without change for the following
reasons. The rule allows flexibility and still ensures the director has a
basic knowledge of administration and child development and some experience
working in a child-care setting. The director of five or fewer after-school
programs must comply with §746.1015, as does a director that directs
more than five after-school programs. Caregivers must meet §746.1017,
if a director directs more than five after-school programs, as stated under §746.1005.
§746.1019. Are any directors exempt from the qualifications?
Comment: Seven commenters state experience is better than schooling and
do not like the requirement on exempted directors who take new jobs. Five
commenters recommend that directors designated after July 1, 2003, meet the
new standards. One commenter supports this standard.
Response: The proposed rule allows present directors an opportunity to
comply while they are in their present position. Moving to a new position
requires the director have the experience, skills, and knowledge needed to
manage an unfamiliar child-care program. No change was made in response to
comment; however, this section is adopted with a change to replace the date
July 1, 2003, with September 1, 2003.
§746.1021. What constitutes experience in a licensed child-care center,
or in a licensed or registered child-care home?; §746.1025. Can Licensing
verify whether someone has sufficient experience in a licensed child-care
center, or in a licensed or registered child-care home?; §746.1027. What
credit courses does Licensing recognize as child development?; §746.1029.
What credit courses does Licensing recognize as business management?; and §746.1031.
What are clock hours?
Comment: We received one comment in support of each of these rule sections.
Response: No rule change is needed to these sections as a result of comments.
§746.1033. Must the trainer or provider of clock hours meet specific
criteria?
Comment: One commenter opposes this standard because the director and staff
must receive training in order to comply with training requirements, but the
trainer or the provider of these clock hours does not have to meet any specialized
or professional criteria in order to present a training module. One commenter
supports this standard. One commenter recommended raising minimal educational
requirements.
Response: We are adopting this section without change for the following
reasons. Licensing does not have statutory authority to regulate training
providers. This is not a change from current standards.
§746.1035. What are CEUs?
Comment: One commenter stated that this was a very good standard.
Response: No rule change is needed as a result of this comment.
§746.1037. May clock hours or continuing education units (CEUs) be
substituted for educational requirements in any of the options specified in
this division?
Comment: One commenter supported the changes to the standard. Five commenters
suggested that we eliminate the part of the rule that would allow a director
to substitute 50 clock hours or five Continuing Education Units (CEUs) for
every three college credit hours required in child development and/or business
management.
Response: We are adopting this section without change for the following
reasons. This is not a change to the current minimum standards. The proposed
rule allows providers in areas of the state where there is no college or university
to meet the requirements and qualify for the position of a director.
§746.1039. What kind of documentation must I submit to Licensing to
show my child-care center director is qualified and when must I submit it?; §746.1041.
What documentation must I have to prove that the person received the clock
hours or CEUs?;
§746.1043.What documentation must I provide to Licensing to show that
my director has acceptable child development and business management education?;
and 746.1045.Does education received outside of the United States substitute
for the education requirements for a child-care director?
Comment: We received one comment on each of these rule sections stating
that each is a very good standard.
Response: No rule change is needed to these sections as a result of these
comments.
§746.1047. Will Licensing keep the original training certificates
and college transcripts I submit to obtain a Licensing director's certificate?
Comment: Four commenters stated that we should have a timeframe for returning
documents used to determine director qualifications back to the provider.
Response: We concur and are adopting this section with changes based on
these comments. It is reasonable to require us to return original documents
at the time a person is notified of the decision about director qualifications.
§746.1049. What happens if Licensing determines that my child-care
center director does not meet minimum standard qualifications?
Comment: Five commenters stated that there should be a timeframe for us
to notify a center if the director does not meet qualifications. The commenters
also stated that we should not leave a center vulnerable to sanctions by an
act of omission on the part of PRS. One commenter supports the proposed rule.
Response: It is reasonable to require us to notify a center in a timely
manner if the director does not meet qualifications, thus we are adopting
this section with changes based on the comments.
§746.1051. Will my director receive a certificate verifying that director
qualifications have been met? and §746.1053. Will the director's certificate
expire?
Comment: We received one comment on each of these rules stating each was
a very good standard.
Response: No rule change is needed to these sections as a result of these
comments.
§746.1055. How often must an expiring certificate be renewed?
Comment: One commenter stated that this was a very good standard. One commenter
stated that the proposed rule should allow three years to comply.
Response: We are adopting this section without change for the following
reasons. Credentialing must be maintained according to the issuing organization
or educational institution requirements.
§746.1057. What happens if I do not submit the documentation confirming
the credential is current?; §746.1059. If I hire someone who was qualified
as a director at another licensed child-care center in Texas, must I resubmit
all of the information to Licensing staff for review?; 746.1061. Does Licensing
charge a fee for issuing the director's certificate?; and §746.1063.
Can my director get a replacement Child-Care Center Director's Certificate?
Comment: We received one comment on each of these rule sections stating
that each was a very good standard.
Response: No rule change is needed to these sections as a result of these
comments.
§746.1101. What is the difference between a child-care center employee
and a child-care center caregiver?
Comment: One commenter stated that we would be going backwards by making
a distinction between a child-care center employee and a child-care center
caregiver.
Response: We are adopting this section without change for the following
reasons. The distinction between an employee of a child-care center and a
caregiver is based on definitions that have already been adopted in Chapter
745, Licensing, §745.21(4) and (16)
Caregivers assigned responsibility for the care and supervision of a group
of children require a different level of skill and knowledge.
§746.1103. Are there different personnel qualifications for employees
and caregivers?
Comment: Six commenters objected to the term "alternative" as it is viewed
as lowering the bar of professionalism in child care. Two commenters stated
that the age and education requirements should not be eliminated for employees
who are not counted in the child/caregiver ratio. One commenter expressed
that by eliminating a diploma or GED, the minimum educational qualifications
would be decreased. One commenter supports this standard.
Response: We are adopting this section with changes to be consistent with
the recommendation to delete the alternative certificate in child care in §746.1107.
The distinction between an employee of a child-care center and a caregiver
is based upon definitions that have already been adopted in Chapter 745, Licensing, §745.21(4)
and (16)
These definitions are based upon the idea that caregivers, assigned responsibility
for the care and supervision of a group of children, require a different level
of skill and knowledge than those who may be employed by a center but do not
care for children - such as janitors and cooks. Because the proposed standards
are just minimum standards, operations may go above and beyond what the minimum
standards require. Drivers and volunteers, who are counted in the child/caregiver
ratio, must meet caregiver qualifications. Thus, no further changes were made
in response to these comments.
§746.1105. What minimum qualifications must each of my child-care
center employees meet?
Comment: One commenter stated that the proposed rule lowers rather than
raises the standard. One commenter stated that contractors, employees, and
substitutes should not be required to get a TB test.
Response: We do not agree that employees who do not care for children,
such as janitors and cooks, should be required to have the same training needs
as a caregiver who is responsible for the care and supervision of children.
Tuberculosis testing requirements vary across the state. The Texas Department
of Health (TDH) does not recommend routine testing for individuals. In response
to comment we are adopting this section with changes to clarify that TB testing
must only be done when required by TDH or the local health authority.
§746.1107. What additional minimum qualifications must each of my
caregivers meet?
Comment: We received 434 comments, 431 opposing the proposed rule stating
the alternative certificate in child care will negatively impact the child-care
community. Many of these commenters state that at minimum, caregivers should
have completed a GED. A commenter states Texas already ranks embarrassingly
low in its support of the education of young children and adopting the proposed
rule would be a step in the wrong direction. Other commenters cited current
brain research, which supports the critical need for quality learning programs
in the first years of life in order to build a strong foundation for all future
learning. Three commenters support the proposed rule.
Response: We are adopting the section with changes based on the overwhelming
opposition, and the reasons stated therefore, to allowing the alternative
certificate in child care as a substitute for a GED or High School diploma.
§746.1109. Under what circumstances may I employ a person under the
age of 18 or a person who does not have a high school diploma or equivalent
as a caregiver?
Comment: One commenter does not support the idea that a child-care operation
could have an employee younger than 18 years of age. One commenter states
that we will be going backwards with this proposed rule change.
Response: We are adopting this section without change for the following
reasons. This option is in current standards for day-care centers. The proposed
rule clarifies qualifications and with proper supervision, persons under 18
years old who meet these qualifications should not present a risk to children.
§746.1111. Does education received outside of the United States count
toward caregiver qualifications?
Comment: One commenter stated we would be going backwards with this change.
We should be raising standards, not lowering them.
Response: We are adopting this section without change for the following
reason. This is a not a change in how we presently evaluate education received
outside the United States.
§746.1113. Do the caregiver qualifications specified in this division
apply to a caregiver that was employed before May 1, 1985?
Comment: Two commenters oppose the change to allow caregivers to be grandfathered
in without a high school diploma or GED.
Response: We are adopting this section without change for the following
reasons. This option is in current, group day-care home standards; it was
previously in day-care center standards and has been enforced since 1985.
Persons may choose to complete their GED, but we do not believe it is necessary
to disqualify these persons as caregivers because they have been working in
child care since 1985.
§746.1115. What does Licensing mean by the term "high school equivalent"?
Comment: One commenter stated we would be going backwards with this change.
We should be raising standards, not lowering them.
Response: We are adopting this section without change for the following
reasons. This is not a change. PRS currently recognizes a GED certificate
as an equivalent to a high school diploma.
§746.1117. What does Licensing recognize as "a high school alternative
certificate in child care"?
Comment: PRS received 71 comments, 45 opposing a high school alternative
certificate. Two commenters support the alternative certificate if it includes
120 clock hours of training. Twenty-four commenters support the proposed rule.
Response: Since the option of qualifying with an alternative certificate
was eliminated in response to comments on §747.1107(2)(C), we are withdrawing
this section.
§746.1201. What general responsibilities do my child-care center employees
have?
Comment: One commenter supports the proposed rule.
Response: No change is needed in response to this comment; however, we
are deleting proposed paragraph (6) to be consistent with rule changes in
related rule sections.
§746.1203. What additional responsibilities do my caregivers counted
in the child/caregiver ratio have?
Comment: Thirteen commenters want an additional statement that each child's
name, DOB, and age be annotated with the list of the children in the group
and be available for review in the individual classrooms for any substitutes,
floaters, break-relief staff, and new caregivers who might not know the children.
One commenter supports this standard.
Response: We are adopting this section without change for the following
reasons. This requirement is already stated in §746.4101, and is currently
a standard in all licensed operations except day-care centers.
§746.1205. What does Licensing mean by "supervise children at all
times"?
Comment: Eleven commenters were concerned about being held accountable
for the actions of another. Eight commenters stated that this could lead to
the belief that a center director must have auditory and visual awareness
of each child. One commenter supports the proposed rule.
Response: We are adopting this section with change based on the comments.
It is reasonable to delete the words "and the director," and to add "and/
or" concerning visual and/or auditory awareness. Paragraphs (1)-(4) have been
added to include factors that should be considered when assessing how closely
to supervise children.
§746.1301. What training must I ensure that my employees have?
Comment: Four commenters stated this section appears to negate the recent
addition of the SIDS/Shaken Baby/Infant Brain Development training. One commenter
asked why we decreased the time required for pre-service training to eight
hours. One commenter did not support the idea that employees do not need to
have pre-service training. One commenter supported this standard. One commenter
said there should be a requirement for more training hours. One commenter
supported the inclusion of all caregivers in the requirement for pre-service
training.
Response: We are adopting this section without change for the following
reasons. The requirement for SIDS/Shaken Baby/Infant Brain Development training
is included in §746.1305(b). In the proposed rule, the required length
of time for pre-service training (eight hours, specified in HRC §42.0421)
has not changed from the current minimum standard for day-care centers. Employees
who do not have responsibility in caring for a group of children do not have
the same training needs as a caregiver who is responsible for the care and
supervision of a group of children.
§746.1303. What should orientation to my child-care center include?
Comment: One commenter wrote that not being required to orient staff to
classroom requirements and procedures seems to invite trouble and lawsuits.
One commenter recommended that the annual training be reduced to 6-10 hours
after 5-10 years of service.
Response: We are adopting this section without change for the following
reasons. Paragraph (2) of the proposed rule requires that all employees receive
orientation on center operational policies, including discipline, guidance,
and the release of children. This may also include center-specific classroom
requirements and procedures. Because the purpose of annual training is not
only to help caregivers accrue a body of knowledge, but also to refresh and
energize caregiver skills, we do not agree with the suggestion to reduce annual
training based on years of service.
§746.1305. What must be covered in the eight clock hours of pre-service
training for caregivers?
Comment: One commenter recommended a minimum of 20-30 hours of pre-service
training, and stated detailed information should be disseminated, especially
in areas for positive guidance and discipline, safety precautions, preventing
the spread of communicable diseases and shaken baby syndrome. One commenter
did not see that it would benefit employees to have the same training over
and over since the turnover of child-care workers is so high.
Response: We are adopting this section without change for the following
reasons. An employee of a child-care center must have eight hours of pre-service
training as set forth by HRC §42.0421(a)(1). However, a center's personnel
policies may require that employees and caregivers have more training than
is required by minimum standards. Some re-training on previously studied topics
is necessary to keep skills and knowledge up-to-date. Examples include CPR,
first aid, or studying new research findings on SIDS/SBS/early brain development.
§746.1307. Are any caregivers exempt from the pre-service training?
Comment: Two commenters recommended that all teachers, whether they are
full-time, part-time, permanent, temporary, and/or substitute, be required
to have the minimum orientation and training to care for young children. Seven
commenters indicated they support 40 hours of training in child development.
Response: We are adopting this section without change for the following
reasons. Caregivers with at least six months of prior experience in a regulated
child-care center or with documentation would be exempted from the pre-service
training; however, they would still be required to obtain the annual training.
A center's personnel policies may, in addition, require that all caregivers
receive the pre-service training.
§746.1309. How many clock hours of annual training must be obtained
by caregivers?
Comment: One commenter stated that it would benefit children, parents,
directors, and the caregiver to have more than 15 hours of training annually.
The commenter would like the required hours of annual training increased to
25 hours for caregivers. One commenter stated that training should include
appropriate best practices for talking to, reading to, and interacting with
children. One commenter says orientation should be included in the 15 training
hours, as opposed to pre-service. One commenter supports this standard.
Response: We are adopting this section without change for the following
reasons. In the rule, the number of annual training hours for each caregiver
is set forth by HRC, §42.0421(2), and is currently a standard for all
operations. However, a center's personnel policies may require that caregivers
have more training than required by minimum standards. At least six of the
annual clock hours of training must be in topics specified in HRC, §42.0421,
which include teacher-child interaction and age-appropriate curriculum. Pre-service
training is necessary for persons who have no previous training or experience
working in childcare. Orientation for new employees is specific to the operation
and is related to caregiver responsibilities rather than training.
§746.1311. How many clock hours of training must my child-care center
director obtain each year?
Comment: One commenter stated that health and safety issues are more than
just physical. A child's emotional and intellectual health is best managed
by trained and informed staff that know how to meet the total needs of children.
This requires many hours of training, and the state should not compromise
on this requirement. One commenter supported the above statement. They added
that there is a need for additional training and education for caregivers
and center directors on child development and the elements for center-based
quality care. One commenter simply opposes the rule.
Response: We are adopting this section without change for the following
reasons. HRC §42.0421 specifies the number of training hours a caregiver
and director must have each year. The minimum requirement affords a basic
level of knowledge for a caregiver. A permit holder may require more training
for employees and/or caregivers than is required by the minimum standards.
§746.1313. When must annual training for my caregivers and director
be obtained?
Comment: One commenter requested that the new training year begin when
the hours are completed. One commenter recommended that CPR training be renewed
every two years rather than every year.
Response: We are adopting this section without change for the following
reasons. If more than the minimum number of annual training hours required
in a training year is obtained, the additional hours may not be carried over
to the next year. This is an important requirement to ensure caregivers receive
ongoing training. The rules do not state how often CPR training must be renewed,
but only that it be current, which is determined by the trainer, or training
organizations.
§746.1315. Who must have first-aid and CPR training?
Comment: We received four comments. One commenter stated all caregivers
should have current training in first aid with rescue breathing and choking;
pediatric first aid should be required for any caregiver involved with children
under the age of three. One commenter stated that every child-care worker
should have CPR/first aid certification. The commenter also asked, "what if
the one who is certified goes home sick, or quits unexpectedly and no one
else is certified in CPR?" Two commenters disagree with the proposed rule,
which limits the source of CPR training to only national organizations and
some hospitals. One of these commenters requested that their company be allowed
to continue to provide this training service to her community.
Response: We are adopting this section without change for the following
reasons. The requirements for first-aid and CPR training are minimum requirements,
and a permit holder may always require all employees be trained. Pediatric
first aid is not required because it is not readily available in all areas
of the state. CPR and first-aid training obtained from the listed sources
in the proposed rule ensures that the techniques and information the caregiver
receives is up-to-date. Established training programs will need to be approved
and/or sponsored by their local Emergency Medical Services Authority, or offer
their training through a local hospital.
§746.1317. Must the training for my caregivers and the director meet
certain criteria?
Comment: One commenter stated it would be ridiculous to make an evaluation
for training received at a staff meeting, and it would take more time than
available to print a certificate for everyone. Sign-in sheets and an agenda
are completed and should be enough documentation.
Response: We are adopting this section without change for the following
reasons. Evaluation/assessment tools are used to determine whether a person
has obtained the information necessary to meet the stated learning objectives
and can be an important factor in determining training needs for a caregiver.
Training certificates that verify successful completion of training can be
as simple as a piece of paper with the appropriate identifying information.
§746.1325. What is self-instructional training?
Comment: Thirteen commenters supported the rule, which defines self-instructional
training.
Response: No rule change is needed as a result of the comments.
§746.1327. How many annual training clock hours may caregivers obtain
from self-instructional materials?
Comment: We received 111 comments, 78 supporting the proposed rule to limit
self-instructional training to one-half of the required 15 clock hours of
annual training. Thirty commenters oppose the limit on self-instructional
hours allowed for annual training requirements. Factors cited in opposition
to the rule include: caregivers should have a choice to take all of their
required hours in the manner best suited to their own personal situation;
caregivers will have difficulty attending training; attending outside training
often takes caregivers away from their families; some caregivers work second
jobs or attend college on nights and weekends; and there is a negative economic
impact. These commenters also suggest that self-instructional training be
monitored to ensure that the training is obtained and implemented. Three commenters
urged that we further limit the self-instructional training to 25% of required
annual training.
Response: We are adopting this section without change for the following
reasons. Research indicates working with children requires certain skills
and knowledge. Without some basic understanding of children and how to work
with them, the health, safety, and well being of both the child and the caregiver
are in jeopardy. It's important for caregivers to obtain training in a group
setting in order to interact and share knowledge about child-care practices
and to gain exposure to different views and ideas about the best practices
in child care. We did not assess the fiscal impact of limiting self-instructional
training to 25%, thus we cannot consider this suggestion during the adoption
of these proposed rules.
§746.1329. What documentation must I provide to Licensing to verify
that training requirements have been met?
Comment: Two commenters oppose keeping originals of the first-aid and CPR
certificates, and another stated original certificates should not be retained
after an employee leaves employment.
Response: We are adopting this section without change for the following
reasons. Original certificates ensure the person named actually received the
training. A permit holder has the discretion to release training records to
an employee upon leaving their employment.
§746.1401. What minimum standards must substitutes comply with?
Comment: One commenter indicated it would be difficult to find qualified
substitutes and that directors may even avoid using the same substitute on
a consistent basis. Two commenters stated all substitutes should have the
same qualifications as other caregivers. One commenter stated that all volunteers
and substitutes counted in child/caregiver ratio should have training prior
to working with children. One commenter approved of the proposed rule.
Response: We are adopting this section without change for the following
reasons. In order to protect the health, safety, and well being of children
in care, substitute caregivers who are counted in the child/caregiver ratio
must meet the same qualifications as other caregivers who have responsibility
for the direct care and supervision of children.
§746.1403. What minimum standards must volunteers or contractors such
as the dance, gymnastics, computer, or music teacher, comply with?
Comment: One commenter agreed with the proposed rule. One commenter disagreed
because it would require pay for the substitutes and reduce parental involvement.
Response: The proposed standard does not limit parent volunteers, nor require
substitutes to be paid. We are adopting this section with change to provide
clarity in response to these comments.
§746.1405. Are volunteers, substitutes, and contractors exempt from
training?
Comment: We received 71 comments. Forty-two commenters oppose the proposed
rule because they say all substitute caregivers should be trained, although
some of them mention that exceptions could be made in an emergency. Twenty-five
commenters agree with the proposed rule, but some state that the frequency
of supervision should not be used as a measure to determine when training
is appropriate. One commenter supports the proposed rule with the addition
that a director be responsible for only one child-care center. Three commenters
state that they will not be able to keep up with the number of times a substitute
works at their center, nor will they be able to comply with this standard.
They also say that substitutes should not be required to have training because
it is difficult to find substitutes now.
Response: We are withdrawing this rule based on the comments. Adopted §746.1401(a)
provides that substitutes counted in the child/caregiver ratio, whether paid
or unpaid, are considered caregivers and must comply with minimum standards
that apply to employees and caregivers. Therefore, by deleting §746.1405,
substitutes will be required to have either pre-service training, or documentation
of the exemption and the 15 clock hours of annual training. This is consistent
with current standards, which requires all staff to obtain training without
distinguishing between substitutes and regular staff.
§746.1501. What is child/caregiver ratio?
Comment: Two commenters oppose the proposed rule, stating a caregiver will
not know the details regarding a child if they are not written on the admission
information.
Response: We are adopting this section without change for the following
reasons. The information referred to in the proposed rule is part of the admission
information required in §746.605.
§746.1503. What is considered a group?
Comment: One commenter states mixing and matching different ages in one
group increases the risk to children and divides the caregiver's attention.
Response: We are adopting this section without change for the following
reasons. The current minimum standards allow children of different ages in
a group, subject to certain restrictions. We believe this can be safely accomplished
if all minimum standards are followed.
§746.1505. May I place more than one group of children in a large
room?
Comment: Two commenters state mixing and matching children of different
ages in one group places younger children, particularly infants, in danger.
Response: We are adopting this section without change for the following
reasons. Section 746.1605 places limits on the mixing of infants with older
children that serve to safeguard the younger children. This rule will allow
groups to share space, but does not permit centers to increase the number
of children in the individual groups, or to reduce the number of caregivers.
§746.1507. How do I determine the child/caregiver ratio?
Comment: We received 267 comments, 250 stating Texas children need better
adult-to-child ratios, calculated on the age of the youngest child, and smaller
group sizes. These commenters state that, "Every study on quality care indicated
that low ratios and small groups are essential components of quality." Fourteen
commenters say "great idea", or, "agree with the change." One commenter is
concerned that this could be interpreted to mean that the center could not
enroll more children than its capacity. One commenter opposes the proposed
ratios, stating that Texas has the worst ratios in the country and that correcting
this problem will be the single most effective measure of improving child
care in Texas. One commenter states, "Because any member on the staff can
be called upon to provide child care for an unspecified 'limited time,' credentialing
all the staff is essential."
Response: We are adopting this section with a change to proposed paragraph
(6), to clarify that the total number of children in care at any given time,
including both those at the center and any children away from the center for
a field trip, may not exceed the center's licensed capacity. No other changes
were made to this section in response to comment for the following reasons.
We did not survey providers to determine the fiscal impact of reducing the
number of children supervised by caregivers. Changes to the ratios which would
raise costs would have to be analyzed and re-proposed before they could be
considered for adoption. Allowing groups to share space does not permit the
child-care centers to increase the number of children in each individual group,
or to reduce the number of caregivers responsible for each group. The rule
allows employees, who do not meet caregiver qualifications, to be counted
in the ratio in emergency situations, but not longer than is reasonably necessary
to secure qualified substitutes.
§746.1601. How many children may one caregiver supervise?
Comment: We received 98 comments opposing the proposed rule, stating the
child/caregiver ratios and group sizes should be lower. Commenters indicate
that having an adequate number of caregivers not only ensures that safety
issues are satisfactorily handled, but also that children receive the attention
necessary for optimal growth. Another of these commenters states that even
a teacher with a master's degree and 30 years of experience could not meet
the basic emotional and intellectual needs of each child if he/she has a class
of 16 four-year olds. Yet, another commenter states that the pre-1995 rules
are a better alternative, because they support the research that shows quality
child care must include a reasonable ratio of caring adults to children, especially
for infants and toddlers.
Response: We are adopting this section without change for the following
reasons. A change in the proposed child/caregiver ratios will increase the
cost of care and impact the availability of care. A thorough fiscal impact
study would need to be conducted and analyzed, and this rule would have to
be re-proposed before changes in child/caregiver ratios and group sizes could
be considered for adoption.
§746.1603. How do I determine the specified age of the children in
each group?
Comment: We received 48 comments, 32 opposing the proposed rule stating
the standard should be changed to determine the child/caregiver ratio by the
age of the youngest child in the group. One commenter states there should
be some distinction in the formula for children under three, for those children
three to five and children five to eight, while infants under one-year old
should have ratios independent of older children. Thirteen commenters state
the proposed rule is confusing and poorly worded. One commenter supports the
proposed rule. One commenter opposes the proposed rule because the child/caregiver
ratio and group size must be reduced to a more realistic and appropriate level.
Response: We are adopting this section without change for the following
reasons. Determining child/caregiver ratio by the age of the youngest child
in the group would change child/caregiver ratios. A thorough fiscal impact
study would need to be conducted and analyzed, and this rule would have to
be re-proposed, before child/caregiver ratios could be considered for change.
We believe that the rule is sufficiently clear as proposed and do not believe
that a redraft of the rule would eliminate confusion for all readers, given
the complexity of this issue.
§746.1605. May I combine infants with children two years and older?
Comment: One commenter expressed that infants under 12 months should not
be combined with children over 24 months, due to the developmental differences
between children in those age groups. One commenter stated that providing
flexibility for child-care centers at the expense of our children's health
and safety is not acceptable; the staff-child ratio and the maximum group
size must be reduced to a more realistic and appropriate level. Two commenters
expressed concern that child-care centers that begin caring for children at
18 months of age will now be forced to raise the age to 24 months, greatly
affecting the availability of toddler care in the state.
Response: We are adopting this section with changes to address a comment
and to be consistent with the change made to the adopted definition of an
infant as a child from birth through 17 months of age. A thorough fiscal impact
study would have to be conducted and analyzed before child/caregiver ratios
can be changed as urged by some commenters. A permit holder may choose which
ages, between birth and 14 years, the child-care center will serve. The proposed
rule does not change this.
§746.1607. If I have two caregivers with each group, may I double
the number of children one caregiver may supervise?
Comment: One commenter stated group size must be determined by the age
of the youngest child, ensuring the youngest children do not fall victim to
the group dynamics of too many children assigned to one adult.
Response: We are adopting this section without change for the following
reasons. Calculating the classroom child/caregiver ratio using the age of
the youngest child would increase cost of care and impact availability of
care. A thorough fiscal impact study would have to be conducted and analyzed
before a change to child/caregiver ratios could be considered.
§746.1609. What is the maximum group size?
Comment: Fifteen commenters stated they would like to see the proposed
rule change to determine specified age by the age of the youngest child in
the group. Three commenters recommend revisions to group sizes in conjunction
with the proposed changes and want group sizes reduced for children.
Response: We are adopting this section without change for the following
reasons. Calculating maximum group sizes using the age of the youngest child
would increase the cost of care and impact availability of care. A thorough
fiscal impact study would have to be conducted and analyzed before child/caregiver
ratios considered.
§746.1611. Are there times when I may mix groups of children and exceed
the maximum group size?
No comments were received regarding this rule section, however, we are
adopting this section with a change in paragraph (a)(1) for consistency with
the change made in the adopted definition of an infant as a child from birth
through 17 months of age.
§746.1613. If 13 or more children are in care, may I reduce the number
of caregivers supervising children during naptime?
Comment: We received five comments. Most of the commenters oppose the proposed
rule, and want children 18 months and older to be counted in the naptime child/caregiver
ratio to avoid an unnecessary financial burden. One commenter recommends children
12-18 months be included in the naptime child/caregiver ratio to help cut
payroll expenses.
Response: We are adopting this section with changes based on the comments
to include children 18 months and older in the reduced naptime ratios. This
change is consistent with the change made to the adopted definition of an
infant as a child from birth through 17 months of age, as well as current
day care standards.
§746.1617. Will I be given an opportunity to comply, if my child-care
center was licensed before July 1, 2003?
Comment: One commenter states the child/caregiver ratios are very unrealistic
and should be lowered to honestly provide quality care; he recommends that
the standard revert to the previous standard where child/caregiver ratio is
determined by the age of the youngest child.
Response: A thorough fiscal impact study would have to be conducted and
analyzed before we could consider the change in ratios urged by this commenter.
We are adopting this section with changes to clarify the ratios that will
be in effect for each type of provider during the one-year grace period allowed
in the this rule. A change was also made to replace the date July 1, 2003,
with September 1, 2003.
§746.1701. How many children may one caregiver supervise if 12 or
fewer children are in care?
Comment: We received four comments. Two commenters stated that the activity
plan in the proposed rule is not clear enough. One commenter opposes the rule
because the proposed ratios do not protect young children. One commenter opposes
the rule because the proposed ratios will prevent caregivers from being able
to care for infant-preschool sibling groups.
Response: We are adopting this section without change for the following
reasons. The rule does not address activity plans, and is consistent with
current child/caregiver ratios for 12 or fewer children in current care at
a day-care center.
§746.1703. If I have 12 or fewer children in care, may I combine infants
with children two years and older?
Comment: Four commenters state that combining 12 children from ages birth
and older should be against the law and is an impossible and dangerous situation.
Response: We are adopting this section without change for the following
reasons. The ratios strike a balance between the health and safety of children
and economic realities of the child-care industry. Further fiscal analysis
would have to be undertaken to consider this commenter's proposal.
§746.1801. Do I need additional caregivers when I take children away
from the child-care center for field trips or walks?
Comment: We received 40 comments, 30 supporting the proposed field trip
ratios. One commenter states it will become next to impossible to take the
children on field trips. Nine commenters oppose the proposed rule. Some of
these express that using volunteers is not feasible to meet ratios due to
cost and training issues.
Response: We are adopting this section without change for the following
reasons. The rule contains the same field trip ratio as the current day-care
standards, and we believe these ratios are the minimum ratios needed to protect
children. When the field trip includes mixing with the general public, child/caregiver
ratio for field trips can be supplemented with volunteers and facility employees
who are not qualified as caregivers as long as the regular classroom ratio
is maintained with qualified caregivers. When taking field trips to controlled
environments, including but not limited to, museums, libraries, or fire stations,
the regular classroom ratios apply.
§746.1803. Will I be given an opportunity to comply, if my child-care
center was licensed before July 1, 2003?
Comment: Two commenters support the proposed rule.
Response: Although no change is needed in response to comment, we are changing
the date from July 1, 2003, to September 1, 2003, to be consistent with other
rule changes.
§746.1805. If I provide transportation, how many caregivers must I
have in the vehicle to supervise the children?
Comment: Twenty-two commenters support the transportation ratios. One commenter
is concerned that it will become unfeasible to take field trips if the number
of field trip-related standards continues to increase. Another commenter stated
classroom ratios should apply regardless of the age of the children being
transported.
Response: We are adopting this section without change for the following
reasons. The risk to children significantly increases when children are on
a field trip. Injuries and serious incidents are more likely to occur when
a child's surroundings change, or when there is a change in routine. When
children are excited or busy playing in unfamiliar areas, they are likely
to forget safety measures unless an adult closely supervises them.
§746.1901. If I operate a get-well care program, must I use a different
child/caregiver ratio? and §746.1903. What is the child/caregiver ratio
if I have more than two caregivers supervising the children in the get-well
care program?
Comment: Fifty-four commenters support the proposed child/caregiver ratios
for get-well care.
Response: No change is needed as a result of the comments.
§746.1905. May I combine infants with children two years and older
in my get-well care program?
Comment: None
Response: Although no comment was received on this rule, we are adopting
it with a change in the title to be consistent with the change made in the
adopted definition of an infant as a child from birth through 17 months of
age.
§746.2001. Must I have additional caregivers during nighttime care?
Comment: Three commenters support this proposed rule.
Response: No change is needed as a result of the comments.
§746.2101. Must I have additional caregivers for splashing/wading
activities?
Comment: Thirty-five commenters agree with the proposed ratios for splashing/wading
activities. One commenter disagrees and wants the ratio to be changed to 1:4
for wading pools less than one-foot deep. One commenter states that there
is a cost involved when volunteers are used to supplement the ratio because
they need training. One commenter states that changing the definition of infants
will change responsibilities and salary.
Response: We are adopting this section without change for the following
reasons. The ratios proposed ensure an adequate number of adults are present
to constantly supervise the children in and out of the water to minimize the
risk of death or injury during this inherently risky activity.
§746.2105. What are the child/caregiver ratios for swimming activities?
Comment: We received 32 comments, 30 supporting the proposed rule. Two
commenters stated that there is a cost to train volunteers.
Response: We are adopting this section without change for the following
reasons. Volunteers and/or parents who supplement the ratio for swimming,
wading, and field trip activities on an incremental or irregular basis do
not require training; however, they must never be left alone with the children.
To clarify this point, a change was made to §746.2115.
§746.2113. Must persons who are counted in the child/caregiver ratio
during swimming know how to swim?
Comment: Nineteen commenters agree with the proposed requirement that staff
counted in the ratio must know how to swim. One commenter did not feel it
was necessary because a certified lifeguard is usually present.
Response: We are adopting this section without change for the following
reasons. If a caregiver is to be counted in the swimming ratio, the ability
to swim is crucial to adequate supervision and safety of children. A caregiver
responsible for a child's health and safety must be able to intervene when
necessary to protect the child. The lifeguard has the necessary skills to
rescue a child in distress, but is not responsible for assisting and supervising
children who are in the water.
§746.2115. May I include volunteers or child-care employees who do
not meet minimum qualifications for caregivers in the child/caregiver ratio
for water activities?
Comment: No comment was received on this rule section.
Response: To address commenter concerns relating to §746.2105, we
have revised the language in this section to emphasize that volunteers who
do not meet minimum qualifications may be used to meet the higher ratios for
all kinds of water activities, including swimming, subject to the criteria
listed in this rule section.
§746.2201. Must caregivers provide planned activities for the children
in their care?
Comment: We received 23 comments. Thirteen commenters question who will
be responsible for evaluating activity plans, since Licensing representatives
do not have child development and early childhood education knowledge. One
commenter opposed the rule on the basis that it interferes with caregiver
discretion and parental choice relating to activities. Two commenters stated
this regulation opposed the rule for Rising Star centers who are already monitored
by TWC. They also state that the present standards are sufficient. Two commenters
ask that this rule be clarified in order to make it work for Montessorians.
Four commenters do not believe Licensing has the authority to address curriculum
issues. One commenter supports the proposed rule and states lesson plans and
daily schedules will meet this requirement.
Response: The proposed rule is very similar to current standards, which
require activities be provided that are appropriate to each child's developmental
needs. A program of activities differs from curriculum, which is a summary
outline of a course of study. We are adopting the rule with changes based
on comments to clarify that caregivers may continue to decide which activities
to offer that coincide with their program goals, provided these activities
are appropriate to the individual needs and developmental levels of each child
in care.
§746.2203. Must caregivers have written activity plans?
Comment: Fifty-three commenters urged that every teacher be responsible
for daily lesson plans with brain-building activities. Six commenters stated
that most Licensing representatives do not have the child development and
early childhood education knowledge to be able to evaluate activities and
plans. Two commenters stated the standard is unfair; posting plans and daily
activities will unnecessarily take time away from children; plans cannot be
followed 100% of the time, and PRS will cite us for not following the plan.
Another commenter stated PRS cannot expect teachers to have knowledge of curriculum
planning, preparation, or environmental design without requiring more than
eight hours of training. One commenter questions our legal authority to write
curriculum and employment rules. Two commenters state the proposed rule is
an unjustified paperwork burden, without any real value.
Response: This rule does not preclude teachers from developing lesson plans
that encourage brain development, but does allow caregivers to continue to
decide which developmentally-appropriate activities to offer. The rule does
not require us to oversee curriculum. It is consistent with current standards,
which require appropriate activities be provided to meet each child's developmental
needs. A caregiver is currently required to have 15 hours of annual training
each year that includes training in the area of age-appropriate curriculum;
however, this rule does not require the center to have a curriculum. It is
important for daily activities to be planned to ensure that a child has a
variety of activities. When the plan is written, a caregiver will have a guideline
to follow that helps ensure appropriate and diverse activities. We do not
believe a change to this rule is needed based on comments, however, we are
deleting proposed subsection (c), as we do not believe it is necessary to
state the purpose or justification for each minimum standard within the standard
itself.
§746.2205. What should the activity plan include?
Comment: Eighty-nine commenters state PRS was denied the authority to dictate
curriculum for day-care providers in the last legislative session, and state
that proposed curriculum requirements exceed Licensing authority under HRC §40.029, §42.042,
and TAC §745.37. Two commenters write that Texas Rising Star provider
centers are already monitored for activities by TWC and inspected four times
a year. One commenter follows this standard, but does not support PRS regulating
curriculum. Two commenters support the proposed rule.
Response: We do not agree that our standards relating to activity plans
equate to imposing a curriculum on providers and that is not out intent. Current
day-care standards already include the requirements in proposed paragraphs
(3), (4), (5), and (6)
The remaining five paragraphs in the proposed rule do not impose curriculum,
but outline requirements that should be included in the written activity plan,
such as a variety of activities, both child-initiated and caregiver-initiated
activities, sufficient time for activities, and no long waiting periods between
activities. We are adopting this section with minor changes for clarification.
§746.2207. May I use TV/video and video games for activities with
children?
Comment: One commenter states that this rule requires PRS to oversee curriculum;
however, Rising Star centers are already monitored by TWC. This commenter
holds that current standards are sufficient.
Response: We are adopting this section without change for the following
reasons. The rule does not require us to oversee curriculum. It describes
appropriate use of TV and video games.
§746.2209. Must I post the activity plan?
Comment: Two commenters support the proposed rule. One commenter states
that written activity plans in a school setting will cause competition among
students and/or conflict with parents who may prefer to have their child in
another group.
Response: We are adopting this section without change for the following
reasons. By having the activity plan posted, anyone can visit an operation
and know what activities are planned for the day. A parent can then supplement
a child's activities at home based on what the child did during the day. This
is a very good way to create healthy communication and relationships with
parents.
§746.2211. How long must I keep the activity plan?
Comment: One commenter states documentation causes unnecessary paperwork;
minimum standards should only ensure children are not harmed. One commenter
supports the proposed rule and agrees that activity plans should be posted.
Response: We are adopting this section without change for the following
reasons. It is necessary for the center to have the plans on file so that
Licensing may evaluate compliance with standards relating to required activity
plans.
§746.2301. Are there basic care requirements for children with special
care needs?
Comment: Three commenters object to making available to us the medical
evaluations and prescriptions for children with special care needs. One commenter
states the proposed changes may ensure that children who need special care
receive better care, but cautions that providers may need specialized training
to provide this care. Two commenters question the use of the term "natural
environment."
Response: We are adopting this section without change for the following
reasons. To ensure that a child is receiving the recommended care, Licensing
must be able to review these records. The term "natural environment" is defined
in §746.105(37) and is consistent with language used by early childhood
intervention professionals and the Texas Education Agency.
§746.2401. What are the basic care requirements for infants?
Comment: We received 51 comments, 38 supporting this section. Four commenters
state that these are curriculum requirements, which are not under PRS authority.
Eight commenters state that providing individual attention to each child and
holding and comforting a child who is upset, is at the discretion of the caregiver
and is a situational decision. One commenter objects to paragraph (1) stating
that it relates to scheduling and assigning staff.
Response: We are adopting this section without change for the following
reasons. The rule does not require that a curriculum be used with infants,
only that activities be used which address specific developmental areas. Individual
attention received during the early years of life is crucial to emotional
and social development. This affects the overall health and well being of
the child. The rule addresses staff scheduling only to the extent that providers,
when possible, give infants the same caregiver on a regular basis.
§746.2403. How must I arrange the infant care area?
Comment: Sixteen commenters support the proposed rule. Four commenters
object to placing the cribs far enough apart so that one infant may not reach
into another crib because this will eliminate infant slots. One commenter
opposed separating children on the basis of an 18-month age gap and urged
this be reduced to six months to protect younger children. Two commenters
state this standard will not be clear if the infant definition as proposed
in §746.105 is used. Both commenters also state the impact of the proposed
rule will require a cost study.
Response: We are adopting this section with a change in response to comments
to require that room be arranged to enable the caregiver be able to see and/or
hear all children as opposed to seeing all children. No further changes were
made in response to comments for the following reasons. Placing the cribs
far enough apart to prevent one child from reaching into another crib protects
the safety of the infants. Current day-care center standards require 30 square
feet per child, which should provide ample space for cribs without reducing
infant slots. Reducing the age gap between the youngest and oldest child in
the infant/toddler group will impact child/caregiver ratios and would require
a fiscal impact analysis before this could be considered. We have changed
the definition for infants in §746.105(35) to read: birth through 17
months, which should address the potential conflict between these two rule
sections that was noted by several commenters.
§746.2405. What furnishings and equipment must I have in the infant
care area?
Comment: We received 24 comments, 15 supporting the rule. Five commenters
state adult furnishings should be chosen at the discretion of the center.
Four commenters do not support a hand-washing sink adjacent to the diaper-changing
area due to cost and/or space constraints.
Response: Infants must be held and nurtured while bottle feeding and adult
furniture must be provided to facilitate this process. The rule allows discretion
in choosing the type of chair. Hand-washing sinks are needed to prevent the
spread of disease and infectious germs. The current standard reads: "There
must be at least one sink the diaper-changing area." We are adopting this
section with changes to be consistent with changes made to adopted §746.4403,
relating to hand-washing sinks, to clarify the purpose for having sufficient
toys available, and to replace the date July 1, 2003, with September 1, 2003.
§746.2407. Must the equipment I use for infants be equipped with safety
straps?
Comment: Thirteen commenters totally oppose the safety straps requirement,
because they estimate it will cost up to $2520 to comply with this requirement;
they suggest that straps be required only as equipment is replaced. Ten commenters
indicate that straps on a changing table are "germy (sic) and dirty." Four
want the standard to read, "be equipped with the manufacturer's recommended
safety restraints." Seventeen commend us for addressing the issue. Two commenters
state that most centers use professional equipment at a higher cost, which
was not calculated into the fiscal impact study.
Response: We are adopting this section without change for the following
reasons. The Juvenile Products Manufacturer's Association (JPMA) and the American
Society for Testing and Materials (ASTM) recommend the use of safety restraints
on high chairs, swings, strollers, infant carriers, bouncer seats, and similar
equipment for the protection of children. With proper sanitation of equipment,
safety straps should not pose a health hazard. Safety straps may be purchased
separately for most pieces of equipment from the manufacturer or separately,
thus we believe that this standard can be implemented at minimal cost to providers.
§746.2409. What specific safety requirements must my cribs meet?
Comment: We received 14 comments in support of the rule. Two commenters
want to exclude requirements five and six of the proposed rule (which refer
to safe measurements of cribs) to avoid injury and entrapment, and instead
have a measure that states cribs will meet current consumer product safety
standards. One commenter states that cribs should follow manufacturer requirements
and not Licensing requirements.
Response: We are adopting this section without change for the following
reasons. Not all cribs meet the current safety standards established by the
Consumer Product Safety Commission (CPSC) and the ASTM, especially those made
before standards were set. Consumers purchasing new or used cribs must be
aware of safe construction to avoid injury and /or entrapment hazards for
children.
§746.2411. Are mesh cribs or port-a-cribs allowed? and §746.2413.
Are stacking wall cribs allowed?
Comment: We received 14 comments in support of each of these rules.
Response: No changes are needed as a result of the comments.
§746.2415. Are specific types of equipment prohibited for use with
infants?
Comment: Fifteen commenters do not support the proposed rule for the following
reasons: one opposes not having bumper pads, 12 want stuffed animals in the
crib, one states, if an infant is supervised, there should be no restriction
on the type of equipment used, and one states, walkers are okay, bungee jumpers
are a favorite, and the prohibition on accordion gates will cause an economic
hardship. One commenter states, if we took the word of every pediatric group
that has conducted a study about safety, nothing would be allowed in the infant
room. Fourteen support the proposed rule.
Response: We are adopting this section without change for the following
reasons. The Consumer Product Safety Commission and Juvenile Products Manufacturer's
Association have issued warning or recalls regarding the dangers associated
with walkers and bungee jumpers. The child/caregiver ratios and definition
of supervision do not allow for the one-on-one supervision needed for infants
to use this equipment safely. Accordion gates can pinch fingers or entrap
a child and the standards presently prohibit equipment that pinches or entraps
children. Research relating to SIDS supports the ban on soft bedding, stuffed
toys, quilts, pillows, bumper pads, and comforters used for children under
six months.
§746.2417. What activities must I provide for infants?
Comment: We received 47 comments supporting requiring specific activities
for infants. Three commenters stated it will be too expensive to provide these
activities, while two others believe we have exceeded our authority in HRC §42.042,
because these requirements constitute curriculum. One asks if the examples
are suggestions, or required. This commenter says that it will be expensive,
there are no cost estimates, and it duplicates monitoring by TWC for Rising
Star facilities.
Response: We are adopting this section without change for the following
reasons. The required activities are supported by a majority of commenters;
they are simple and do not dictate curriculum or require expensive equipment.
The opportunity for infants to participate in different age-appropriate activities
contributes to their welfare. We have agreements with TWC to avoid duplication
of inspections and will not monitor for the same items that are inspected
by TWC.
§746.2419. Are there specific requirements for feeding infants?
Comment: Fourteen commenters support sanitary practices during feeding.
One commenter wonders why one cannot use the same hand-washing sink for diapering
and for washing bottles. Two suggest using nicknames when labeling cups and
bottles. One commenter suggests storing drinking cups so they don't come in
contact with one another.
Response: We are adopting this section without change for the following
reasons. The rule ensures adequate safety and sanitation practices related
to feeding infants and toddlers; TDH recommends hand washing and items used
for food service, or food preparation, be done in a separate area to prevent
the spread of germs from cross contamination. The purpose of labeling bottles
is to ensure that the correct bottle is given to the proper child. Nicknames
may be used if all caregivers know to whom the label refers.
§746.2421. Must I obtain written feeding instructions for children
not ready for table food?
Comment: Fourteen commenters support the proposed rule. One commenter wants
to know whether caregivers are to let children go hungry if they do not have
the correct feeding schedule. One commenter states it is unrealistic to obtain
written feeding instructions for a child every time his needs change. One
commenter wants to know if the parent is to be contacted to approve the feeding
if it is not in writing. Two commenters suggest the rule require, "You must
update and follow written feeding instructions as provided by the parent."
Response: We are adopting this section with changes based on the comments,
to require update of written feeding plans only every 30 days. Written feeding
instructions ensure that all caregivers, including substitutes, have clear
instructions for feeding infants. Each child's needs vary greatly during this
critical time of growth and development. Reviewing and updating feeding instructions
every 30 days will reduce the burden of making daily changes, while ensuring
that written instructions are reasonably current.
§746.2423. Must I provide a regularly scheduled naptime for infants?
Comment: We received 14 comments supporting the rule.
Response: We are adopting this section without change.
§746.2425. How long are infants allowed to remain in their cribs after
awakening?
Comment: Seventy commenters support limiting the amount of time that infants
may remain in their cribs after awakening to 30 minutes.
Response: No change is needed in response to these comments.
§746.2427. Are infants required to sleep on their backs?
Comment: Fourteen commenters support the proposed rule addressing infant's
sleep position.
Response: No change is needed in response to these comments.
§746.2429. If an infant has difficulty falling asleep, may I cover
the infant's head or crib?
Comment: Fourteen commenters support the proposed rule. Two commenters
questioned whether infants could have their face or head covered outside in
wind, rain, or a storm.
Response: We are adopting this section without change for the following
reasons. The proposed rule addresses infants falling asleep or sleeping. It
does not prohibit protecting a child's face or head while outside in inclement
weather.
§746.2431. Must I share a daily report with parents for each infant
in my care?
Comment: We received 31 comments supporting the proposed rule. Two commenters
state that daily reports to parents should be optional, since the parents
talk with the caregiver daily. Fourteen commenters oppose the rule because
it is not necessary since providers exchange information with parents verbally
on a daily basis; this paperwork reduces time spent with infants; and this
rule usurps the discretion of a provider.
Response: We are adopting this section without change for the following
reasons. We recognize that this standard is time consuming, and do not require
daily reports for older children for this reason. Since infants cannot communicate
essential information to their parents, it is important that the caregiver
do so. The person greeting the parent at the end of the day is not always
aware of important information relating to each child's day, since several
staff may care for an infant or there may be a shift change. A daily report
informs parents about how their infants spent the day, which allows parents
to supplement the infant's activities, meals, etc. at home, based on this
information. Written reports ensure accurate communication, facilitate healthy
relationships with parents, and provide a safety net for infants.
§746.2501. What are the basic care requirements for toddlers?
Comment: We received 27 comments, all supporting this rule with two exceptions.
Two commenters state this is curriculum, which we do not have authority to
regulate, and that scheduling and assigning caregivers is an operational decision.
Commenters also say individual attention, holding, and comforting a child
should be at the discretion of the caregiver.
Response: We are adopting this section without change for the following
reasons. The proposed rule does not impose curriculum, but outlines requirements
that should be included in the basic care requirements for toddlers, such
as diapering, feeding, sleeping, and so on. The rule addresses staff scheduling
only to the extent that providers, when possible, give infants the same caregiver
on a regular basis. We do not agree that providing individual attention, holding,
and comfort to a child should be discretionary.
§746.2503. How must I arrange the toddler care area?
Comment: We received 13 comments stating some facilities may have areas
that require staff to physically move to see all of the children; that facility
construction and renovations completed prior to July 1,2003, were done so
with Licensing evaluation and approval; and that this change will require
walls to be removed or moved, adversely affecting facilities by costing thousands
of dollars.
Response: We are adopting this section with changes based on the comments
and related changes made to adopted §746.1205, which should address these
commenters' concerns.
§746.2505. What furnishings and equipment must I provide for toddlers?
Comment: Seven commenters oppose this rule on the basis that the cost of
equipment and furniture will be higher than the costs indicated in PRS fiscal
analysis for this rule. Three commenters ask if the equipment lists shows
examples or suggestions, or is it a required list. They also stated that the
expense to retool equipment would be burdensome, and there is no cost estimate
for doing so. One commenter wants "appropriate" items accessible to children
spelled out. One commenter states that PRS should deem Rising Star vendors
from TWC as meeting those requirements, and should not subject the centers
to the additional cost of more inspections. Two commenters suggest that the
standard in proposed paragraph (2) read: "Adequate numbers of items to accommodate
children in the group to minimize conflicts." One states shelves should be
secure to prevent tipping. Two state PRS doesn't know what is developmentally
appropriate for toddlers.
Response: We are adopting this section with changes based on the comments
regarding paragraph (2). No other changes were made to this section in response
to comments for the following reasons. To obtain the fiscal impact of this
rule, the cost of both shelving and containers was included in the estimated
average cost, since either containers or shelving meets requirements. We believe
our fiscal analysis was sound. Day-care standards currently require comfortable
seating, equipment, and furnishings. The rule requires only that items children
can safely use without direct supervision, be kept in accessible containers
or on low shelving. Not all toys and activities must be available to all children
regardless of age. An agreement between PRS and TWC prescribes which of the
agencies monitor comparable standards so as to avoid duplicate monitoring.
§746.2507. What activities must I provide for toddlers?
Comment: We received 38 comments in support of the rule. Two commenters
wrote that the list of required examples is curriculum, in violation of HRC §42.042.
This should read, "Activities appropriate to each child's developmental needs
must be provided." Two state that puzzles with less than six pieces discourages
"pushing our limits".
Response: We are adopting this section without change for the following
reasons. The rule does not impose curriculum, but outlines activities for
toddlers such as outdoor play, opportunities for thinking skills and sensory
development. Providers may chose activities other than those suggested provided
these activities are appropriate to the individual needs of the children in
care.
§746.2509. Must I share a daily report with parents for each toddler
in my care?
Comment: Two commenters want a daily report given to parents of any child
unable to report on his/her day his/herself. Two commenters ask if a daily
report on toddlers must be prepared.
Response: We are adopting this section without change for the following
reasons. Based on the child/caregiver ratio, we believe that requiring the
caregiver to prepare daily written reports for children in this age group
would take time and attention away from the children and is not as crucial
for this age group as it is for infants. Although a written report is not
required, staff should verbally share any significant information with the
parents.
§746.2601. What are the basic care requirements for pre-kindergarten
age children?
Comment: Three commenters support the basic requirements for pre-kindergarten
age children. Two commenters state there is no definition for pre-kindergarten.
Response: We are adopting this section without change, as the definition
for pre-kindergarten children is contained in §745.101(2) of Licensing
Chapter 745.
§746.2603. What physical space requirements must I provide for pre-kindergarten
age children?
Comment: Two commenters urge that paragraph (1) be changed to read, "Adequate
space for furnishings and group and individual activities." It is inappropriate
for children to have unlimited space. One stated there is no cost for adding
equipment and activities. Two commenters question the physical space requirements.
Response: We are adopting this section without change for the following
reasons. The rule as written does not require unlimited space and should not
impose costly burdens on providers because of the amount of flexibility which
providers have in choosing appropriate equipment and activities.
§746.2605. What furnishings and equipment must I provide for pre-kindergarten
age children?
Comment: We received 60 comments, 35 in support of the rule. Thirteen commenters
say the term "clearly defined" is subjective. Two commenters suggest using
the language "adequate furnishings and equipment" because requiring interest
centers addresses curriculum, which is not within the department's authority
to regulate. Four commenters ask if examples were suggestions or required,
and stated it would be expensive to comply. They also are concerned it duplicates
monitoring by TWC for Rising Star facilities. One commenter states that having
"centers" is a philosophical decision and should be left to individual facilities.
One commenter wants "appropriate" defined. Two comments stated that the proposed
rule limits the imagination of a child. Two commenters stated that the proposed
rule is not developmentally appropriate in that it robs a child of the social
and emotional development of recognizing others and sharing.
Response: We are adopting this section with only one change concerning
the types and quantities of toys available, which we believe will address
the commenter's concerns regarding sharing. No other changes are made for
the following reasons. The proposed rule does not impose curriculum but describes
how furnishings and equipment should be arranged to promote accessibility
and safe use by children. Interest centers are general types of activities
such as art and music, stories and books, science and nature and other common
developmental activities with items that can be obtained and organized in
focused areas at little or no cost. We have agreements with TWC to avoid duplication
of inspection items and would not monitor for the same items that were inspected
by TWC.
§746.2607. What activities must I provide for pre-kindergarten age
children?
Comment: Thirty-three commenters support this section. Two commenters object
to the children using round end scissors, preferring scissors with pointed
ends for this age group. One commenter stated that the examples in this section
describe curriculum that the department does not have the authority to regulate.
Two state that the rule is not developmentally appropriate. One states there
is no cost calculation for adding equipment and activities.
Response: We are adopting this section without change for the following
reasons. Pointed-end scissors present a risk of injury to pre-kindergarten
children who are just beginning to develop the fine motor skill needed to
use these scissors safely. The examples of age-appropriate activities in this
section are illustrative, but are not requirements. Given the amount of flexibility
allowed under this rule, we believe these activities can be provided at little
or no cost.
§746.2701. What are the basic care requirements for school-age children?
Comment: Three commenters support this section; and one commenter commends
this standard as incorporating all the concepts of positive child guidance.
One commenter supports this rule because of danger to children who ride the
bus or walk home. Two commenters object that there is no cost estimate for
adding equipment and activities.
Response: We are adopting this section without change because this rule
does not require additional equipment or activities, and should not increase
costs to providers.
§746.2703. What physical space requirements must I provide for the
school-age care area?
Comment: Six commenters urge that paragraph (1) be changed to read, "Adequate
space for furnishings and group and individual activities". They state it
is inappropriate for children to have unlimited space. Two commenters state
we have no authority to mandate the kind of services made available to families,
which should be at the center's discretion if it chooses to provide an extension
of the public school day by addressing homework at all. One commenter agrees
with all except paragraph (3), because children should not be left alone to
complete homework assignments, but should be monitored closely. Two question
the physical space limitations.
Response: We are adopting this section with changes based on comments relating
to the interest centers and to be consistent with changes made to adopted §746.1205.
The change will provide clarity for the reader and Licensing regulation. Other
changes urged by commenters were not made for the following reasons. The rule
does not require unlimited space for children. The rule does not require that
the children do homework, only that an appropriate space be available if they
want/need to do so. Providing a quiet space does not require a child to be
unsupervised.
§746.2705. What furnishings and equipment must I provide for school-age
children?
Comment: We received 34 comments in support of this rule. Two commenters
object to the proposed rule stating it concerns curriculum that the department
does not have authority to regulate. One stated there is no cost estimate
for adding equipment and activities. Two state that limiting children's movement
and the clearly defined space requirement limit the imagination of a child
and defy what they create.
Response: We are adopting this section with changes to be consistent with
other rule changes. The change is consistent with changes made to adopted §746.2703
and should address the last commenter's concern. No further changes were made
for the following reasons. The rule does not address curriculum but describes
furnishings and equipment required to meet school-age children's needs. The
proposed rule does not require purchase of new equipment, and is consistent
with current minimum standards that require age-appropriate furnishings, equipment
and activities.
§746.2707. What activities must I provide for school-age children?
Comment: We received 183 comments. Fifty-three commenters say interest
centers should be required in all early childhood classrooms across Texas.
Another 31 commenters support the rule in general. Ninety commenters do not
want children to be required to work on homework assignments. Four commenters
ask whether the activities listed are required or merely suggested. One commenter
stated the equipment would be expensive, that no cost estimate was conducted,
and that the requirement duplicates monitoring by TWC. One commenter objected
to requiring school children need to nap or rest. Two state we do not have
the authority for this. Two state insurance companies will not allow this
equipment.
Response: We are adopting this section with changes based on some comments
to clarify that study time be made available only to children who choose to
do homework. Naps and rest time for school-age children will vary with each
child's individual needs, but can be met by providing quiet time for activities
such as reading books or listening to soft music or books on tape. The wording
of proposed paragraph (8) was revised to clarify the supervision requirements
for children while they rest or nap. No further changes were made in response
to comments for the following reasons. The examples of equipment and activities
in the rule are suggestions and are not required. The rule is consistent with
current minimum standards, which require age appropriate furnishings, equipment
and activities and therefore would not require purchasing new equipment. We
have an agreement with TWC to not duplicate regulation of certain minimum
standards.
§746.2801. To what extent may caregivers discipline the children in
their care?
Comment: One commenter agreed with all of the rules in this subchapter.
Response: No change is needed as a result of the comment.
§746.2803. What methods of discipline and guidance may a caregiver
use?
Comment: Thirty-four commenters agree with the methods of discipline in
the proposed rule. Two commenters disagree with the forms of discipline listed,
and express that it should be the choice of the caregiver; Licensing does
not have the authority to mandate the types of discipline methods used in
a child-care setting.
Response: We are adopting this section without change for the following
reasons. Positive forms of discipline help children develop more internal
controls and self-discipline. We believe that we do have the authority to
regulate appropriate discipline and that the rule provides a great deal of
flexibility to providers consistent with this standard.
§746.2805. What types of discipline and guidance or punishment are
prohibited?
Comment: Thirty-five commenters support the rule. One commenter objected
to requiring positive methods of discipline stating that this should be a
caregiver's decision and that the department does not have the authority to
mandate methods. One commenter stated that there is nothing wrong with spanking
a child; we must guide and teach our children in proper behavior. Four commenters
state the rule does not provide guidelines for determining whether the treatment
is unusual or inappropriate long periods of time.
Response: We are adopting this section with changes to proposed paragraph
(6) for clarity. Current minimum standards include positive discipline methods
that encourage self-esteem, self-control and self-direction. Corporal punishment
is not allowed in current minimum standards for day-care centers or for children
under the age of five in other licensed centers. Terms such as unusual, unacceptable,
and acceptable are used in current minimum standards and will have the same
meaning. We do not believe that spanking is an appropriate form of discipline
as it may be harmful to children.
§746.2809. Must I have a written discipline and guidance policy?
Comment: Four commenters object to this rule on the basis that it exceeds
our authority or is an unnecessary duplication of minimum standards. One commenter
supports the proposed rule. One commenter expressed support for not allowing
caregivers to use corporal punishment with their own children while they are
working in a child-care operation, even though it may cause problems.
Response: We are adopting this section with some changes based on the comments.
As changed, providers may opt to provide parents with a copy of these discipline
standards rather than developing their own policies. Additional changes were
made to delete language that was redundant with other language in related
rules. We believe that HRC, §42.042, which gives us authority to develop
rules that protect the health, safety, and well being of children, provides
the necessary authority to adopt discipline standards.
§746.2811. Must I give a copy of my written discipline and guidance
policy to parents and my employees?
Comment: We received 52 comments supporting the rule.
Response: We are adopting this section with changes to allow providers
the option of using these discipline standards in lieu of developing their
own discipline policies.
§746.2901. Must children have a naptime every day?
Comments: No comments were received.
Response: Although no comments were received on this rule, a change was
needed on adoption to be consistent with the changed definition of infant
as a child from birth through 17 months of age.
§746.2905. Are children required to sleep during this time?
Comment: We received one comment supporting this rule.
Response: No changes are needed in response to the comment.
§746.2907. Must I provide an alternative activity for those children
who cannot sleep?
Comment: Two commenters state that a child who is still awake after 30
minutes of nap/rest time should not be able to get up because it takes that
long for some children to settle down or to go to sleep. One commenter recommended
this timeframe be expanded to one hour. One commenter strongly supported this
standard. Two commenters state that a toddler in a crib is a setup for his
climbing skills development.
Response: We are adopting this section with changes in response to the
comments. Current day-care center standards require that children who are
awake after two hours of resting/napping be allowed to get up and participate
in quiet activities. We recognize that children often do not settle down and
go to sleep until after resting for a period of time, therefore, to accommodate
this, the rules have been changed to allow a one-hour period before providing
alternate activities. Section 746.2505 requires nap equipment be age-appropriate
for toddlers, thus no change was made in response to the comments regarding
cribs.
§746.3001. May I take children away from my child-care center for
field trips?
Comment: One commenter asks that "frequently" in paragraph (3) be defined.
Regarding paragraph (7), two commenters state that the facility is responsible
to ensure adequate transportation for the children taking a field trip. Two
state that cell phones used while driving are against the law. One wants to
know who will supply the communication devices.
Response: We are adopting this section without changes for the following
reasons. Section 746.105(29) defines frequently as more than two times in
a 30-day period. The rule does not require that a cell phone be used while
driving. The rule allows several options for caregivers supervising a field
trip that include: available transportation, a communication device, or an
alternate plan in case of emergency.
§746.3109. Are the parents of children in the get-well care program
required to provide a doctor's statement before I may admit the child?
Comment: Two commenters disagree with not being required to have a doctor's
statement when admitting a child to the center.
Response: We are adopting this section without changes for the following
reasons. Not all mildly ill children have seen a doctor. The rule allows information
to be provided by the parent but requires the doctor's name and number be
given to the caregiver or a center employee.
§746.3111. Must I care for children in the get-well care program in
an area separate from the well children in care?
Comment: One commenter agrees with the proposed rule.
Response: No changes are needed as a result of the comment.
§746.3115. May caregivers working with the get-well care program also
work with other children in the child-care center?
Comment: One commenter agreed caregivers who work with children in the
get-well care program must only work with children in that program because
they could pass the disease to the well children in the child-care center
if they work with them later the same day.
Response: No changes are needed as a result of the comment.
§746.3119. May the director of my well child-care program also direct
my get-well care program?
Comment: We received 52 comments in support of the rule.
Response: No changes are needed as a result of the comment.
§746.3201. What is nighttime care?
Comment: None
Response: Although no comments were received on this rule, we are adopting
this section with changes to clarify that nighttime care is only that care
given on a "regular or frequent basis," subject to the further criteria specified
in this rule.
§746.3203. May I provide nighttime care to children at my child-care
center?; 746.3205. Must caregivers stay awake while supervising children during
nighttime care? and §746.3207. What are the building, furnishings, physical
space, and equipment requirements for nighttime care?
Comment: We received one comment in support of each of these rules.
Response: No changes are needed as a result of these comments, however
we are adopting §746.3207 with changes to be consistent with the changes
made to the adopted definition of an infant as a child from birth through
17 months.
§746.3209. Must I provide activities for children in nighttime care?
Comment: Four commenters oppose the proposed rule change stating the present
standards for activities are sufficient, and the proposed rule duplicates
activities monitored by other agencies.
Response: We are adopting this section without changes for the following
reasons. Nighttime care requires activities that meet the unique needs of
the children who spend the night or part of the night at the child-care center.
If another state agency monitors activities during nighttime care, we will
not duplicate evaluation of these standards.
§746.3301. What are the basic requirements for snack and mealtimes?
Comment: Four commenters state that the entire sections relating to food
and nutrition are in conflict in philosophy and purpose with the DHS - Child
and Adult Care Food Program (CACFP). PRS should exempt those centers that
participate in the food program to avoid duplication. One commenter states
children 12 months and older should eat regular food. One commenter states
that optional breakfast should count as one of the two meals required.
Response: We are adopting the section with some changes based on the comments
and for greater clarity. The amount of food being required in the proposed
rule is consistent with recommendations of the United States Department of
Agriculture (USDA) based upon the child's age. The CACFP may require more
food servings for their program than our minimum standard requires; however,
not all licensed child-care centers participate in this program and without
the monetary reimbursement these centers may not be able to afford to meet
the CACFP requirements. Centers participating in the CACFP program will only
be required to meet the food and nutrition standards of that program.
§746.3303. How often must I feed children in my care?
Comment: Two commenters requested a distinction be made between feeding
children during the day and night.
Response: The proposed rule did make distinctions between children in daytime
and nighttime care. We are adopting this section with changes for consistency
with related rule changes in §746.3301. The rule does not prescribe a
schedule but requires only that a specific amount of a variety of foods be
served based upon the length of time a child is in care. It follows the recommendations
of the USDA. Section 746.3301 allows caregivers to meet CACFP requirements
in lieu of these standards.
§746.3305. How do I know what a child's daily food needs are?
Comment: Two commenters state that there are no costs included for serving
children second helpings.
Response: We are adopting this section with changes to allow the child-care
center to meet either PRS or CACFP requirements. The CACFP requirements exceed
the requirements in the rule. Second servings required in the proposed rule
are consistent with current minimum standards. Other changes are made for
clarity and consistency with related rule changes made on adoption.
§746.3307. What kind of foods must I serve for snacks?
Comment: Two commenters support the rule. Two state that snacks should
not be required to come from all four food groups.
Response: We are adopting this section without change for the following
reasons. The rule does not require each snack come from all four food groups.
It requires morning, afternoon, and evening snacks include at least one serving
from one of the four food groups listed. We are adopting this section without
change.
§746.3309. May parents provide meals and/or snacks for their children
instead of my child-care center providing these?
Comment: One commenter states the center should provide all food. One commenter
objects to children not being allowed to share food brought from home.
Response: We are adopting this section with change for clarity. Allowing
the center the option for parents to provide meals and snacks offers flexibility
to both the center and the parent. Children with food allergies are at risk
when they eat foods that have not been prepared or served by their own parent
or a child-care center employee who has knowledge of the food ingredients
and individual children's needs.
§746.3315. May I serve powdered milk and vegetable or fruit juices?
Comment: One commenter wants cereals and juices to be further defined,
since feeding a child frosted cereal with little marshmallows is not the same
as more appropriate cereals such as Cheerios or Kix. The same is true for
juices.
Response: We are adopting this section without change for the following
reasons. A child's parent and center employees may negotiate these preferences.
The nutritional food requirements in this subchapter are minimum requirements
and do not preclude a center from offering more than the minimum.
§746.3317. What general requirements apply to food service and preparation?
Comment: One commenter states that for-profit centers licensed to serve
13 or more children who also prepare food for on-site consumption be advised
to obtain a retail food permit. One commenter wants to include a statement
that a child under a given age not be fed popcorn. Two commenters have concerns
about not being able to place infant's food on a high chair tray, because
it is unreasonable to require a plate or napkin for this age group.
Response: Licensing does recommend new and existing centers contact their
local heath authority to determine state and local requirements related to
zoning, health, fire, and other ordinances, however we do not have the authority
to enforce these regulations. We are adopting the section with changes based
on the comments to allow that food be served on a sanitary high chair tray.
§746.3401. Must my child-care center have an annual sanitation inspection?
Comment: One commenter wants an explanation about the duplication of inspections
by the health department. The commenter wonders why we do not respect a health
department inspection.
Response: If a child-care facility has been inspected by TDH, we review
the inspection report and will not duplicate the same standards covered by
the TDH inspection unless the facility has not complied with corrections specified
in the TDH report. This section is adopted with changes for clarity.
§746.3405. Do I have to make corrections called for in the report?
Comment: One commenter notes that timeframes for corrections should be
established by PRS not the sanitation inspector since the sanitation inspector
has no enforcement authority.
Response: We are adopting this section with changes to clarify that if
the inspector imposes restrictions and conditions on the center, the center
must comply. The sanitation inspector has greater expertise in how long it
should take to make the correction balanced with the risk to children.
§746.3407. What steps must I take to ensure a healthy environment
for children at my child-care center?
Comment: One commenter notes part of ensuring a healthy environment for
children requires following state and federal laws regarding testing for asbestos
and lead before repairs or renovations are made. We received two comments
concerning paragraph (1). One commenter questioned whether it would be better
to sanitize the toy immediately. In addition, they ask that the phrase "set
aside before another child handles" be defined more clearly. The other commenter
asked if centers should set aside all toys put in children's mouths and to
do so means children will have toys for a very limited time between sanitizing.
Response: We are adopting this section without change for the following
reasons. No fiscal impact study was done to estimate the cost of asbestos
or lead testing, thus we are unable to consider these suggestions at this
time; however this minimum standard does not relieve providers from compliance
with any other state or federal law or local ordinance which might be applicable
to their facility. The rule requires toys contaminated with saliva, body secretion,
or excrement be sanitized before another child uses it. Contamination of toys
and other objects in the room plays a role in the transmission of diseases
and germs in child-care centers. Caregivers may use a variety of methods to
sanitize toys. Providing enough toys to rotate through the cleaning allows
children to stay in active play and maintain a healthy environment.
§746.3409. What does Licensing mean when it refers to "sanitizing"?
Comment: One commenter wanted to know when and what to sanitize. One commenter
stated that sanitizing many mats at once would take a large space and a prolonged
time. The commenter also noted this method was impractical. Two commenters
state that we exceed the Health Department standards for sanitizing, claiming
this is a potential danger.
Response: We are adopting this section without change for the following
reasons. The rule requires mats and cots be sanitized before being used by
another child or when soiled, but not all mats must be sanitized at the same
time. This procedure helps prevent the spread of infectious diseases. The
rule lists steps in the sanitizing process that include washing, drying, and
disinfecting and are consistent with current minimum standards and recommendations
from the Centers for Disease Control
ABC's for Healthy
Child Care
and the Texas Department of Health. If the steps are followed
correctly and the disinfecting solution is appropriate, there is no danger
to children.
§746.3417. When must children wash their hands?
Comment: One commenter questions why children must wash hands before playing
in a water table. One commenter noted that NAEYC removed the criterion about
washing hands before using a water table because it was unenforceable in busy
centers. One commenter supported this rule.
Response: We are adopting this section without change for the following
reasons. According to the Center for Disease Control, outbreaks of disease
have been linked to sharing basins of water.
§746.3419. How must children and employees wash their hands?
Comment: None.
Response: Although no comments were received on this rule, we are adopting
this rule with a change to be consistent with the change in the adopted definition
of an infant as a child from birth through 17 months.
§746.3421. Must I wash an infant's hands?
Comment: One commenter opposes the proposed rule and wants specific times
when handing washing is needed. Another commenter wants to know why it is
necessary to wash an infant's hands after diapering.
Response: The single most effective practice that prevents the spread of
germs in the child-care setting is good hand washing by caregivers and children.
Diaper changing is one activity that particularly exposes infants and caregivers
to germs. Specific times for hand washing are also addressed in §746.3417.
We are adopting this section with changes for clarification and Licensing
enforcement.
§746.3423. Must my child-care center have hot water for hand washing?
Comment: One commenter states this may be in conflict with Texas Department
of Health (TDH) guidelines. Three commenters state that if the soap is an
antibacterial soap, it may be used with cold water to do the job. One commenter
notes that a TDH requirement for retail food regulations is warm water and
a separate hand-washing sink for employees preparing food. One commenter objects
to not having hot water available. Hot water limits the spread of germs. In
the absence of hot water, we should require the use of an antibacterial soap.
One commenter states hand washing in hot water is not necessary as long as
soap is used. Not using hot water for washing prevents children from scalding
themselves.
Response: We are adopting this section without change for the following
reasons. The rule does not require that either hot or cold water be used to
wash hands only that water accessible to children be no hotter than 120 degrees
Fahrenheit. This requirement is in the current minimum standards. When children
have access to a hand-washing sink, it is important to protect them from being
scalded. Tap water burns are a leading cause of non-fatal burns and children
under five are the most frequent victims. If a local health department requires
water hotter than 120 degrees Fahrenheit, several measures are available to
adjust water temperature at a hand-washing sink used by children.
§746.3425. Must caregivers wear gloves when handling bodily fluids?
Comment: One commenter noted that gloves should be required for all diaper
changing.
Response: We are adopting this section without change for the following
reasons. Use of gloves alone during diaper changing will not prevent contamination
of hands or the spread of germs. Thorough hand washing is the best deterrent
to the spread of germs. In addition to using gloves as a universal precaution
when handling body fluids containing blood, centers may choose to use gloves
for all diaper changing, as long as hands are washed after removing the gloves.
§746.3427. Must I use a licensed exterminator to treat my child-care
center for insects, rodents, and other pests?
Comment: One commenter objects to requiring licensed pest control applicators.
The Structural Pest Control Board expressed concerns that the rule, as proposed,
conflicts with the Board's governing statute, is impractical or not as effective
as an integrated pest management method.
Response: We are adopting this section with changes based on input from
the Structural Pest Control Board and for consistency with the legal requirements
of the Structural Pest Control Act, which requires individuals to be licensed
or certified in Texas to apply pesticides in various businesses - including
day-care centers. As revised on adoption, this rule is consistent with other
state law on this issue.
§746.3429. Are there general precautions I must take when my child-care
center is being treated for insects, rodents, and other pests?
Comment: We received 98 comments. One commenter states residue continues
to kill and control pest populations and providers must not out-think the
extermination profession; that exterminations are usually done when centers
are closed and to have an employee supervise is of no value and may endanger
an employee. One commenter objects to observing the extermination due to a
lack of expertise. The Structural Pest Control Board commented that the proposed
rule conflicts with their agency's authority under Vernon's Texas Statutes
1356b-6, 11-C. This commenter states it is nearly impossible to eliminate
all pesticide residues, and urges that the rules permit the occasional necessity
of emergency applications when children are in care, allowing use of non-threatening
treatment like traps and baits when children are in care, and letting the
grounds where children are not present be treated while children are in care.
Ninety commenters oppose child-care personnel becoming responsible for overseeing
professional extermination efforts. One of them adds that there is substantial
liability for employers because of pesticide residue exposure.
Response: We are adopting this section with changes based on the comments
and for consistency with the Structural Pest Control Act and regulations adopted
pursuant thereto. The changes made on adoption relieve providers from a duty
to oversee the application of pest control and defers to the directions of
the licensed applicator as well as labeling instructions to ensure that children
are protected from harmful chemical residue.
§746.3431. May I use water from a private water supply instead of
a public water supply for my child-care center?
Comment: One commenter lists stated that annual testing of water supplies
is too vague; TDH does not have established drinking water standards; and
TNRCC is now known as Texas Commission on Environmental Quality (TCEQ) so
references to TNRCC should be removed.
Response: We are adopting this section with change based on the comments
and in recognition that other agencies have greater expertise relating to
water quality. The change offers protection to children's health and safety.
Problems noted by Licensing are referred to TDH or TCEQ for follow up.
§746.3433. May I use a septic system for sewage disposal?
Comment: One commenter pointed out that TNRCC has changed their name to
the Texas Commission on Environmental Quality (TCEQ).
Response: We agree and are adopting this section with changes based on
comments.
§746.3501. What steps must caregivers follow for diaper changing?
Comment: We received three comments concerning paragraph (4) concerning
use of topical products during diapering. One commenter supports the proposed
rule because it reduces liability for the facility. Two commenters oppose
the rule because they do not want to wait to get written permission if a child
has a rash and needs immediate attention.
Response: We are adopting this section with changes based on some of the
comments. Parental permission should be obtained before over-the-counter creams
or powders are used because a parent can address whether the child has a skin
allergy or if the child's pediatrician does not recommend the use of topical
products when diapering. Caregivers may seek written permission to use these
products before the need arises. However, we concur with the comment that
permission is implicit when a parent provides the topical product for use
in diapering and we have changed the rule accordingly. Additional changes
were made to address comments to related rules regarding the need to dry children
when diapering.
§746.3503. What equipment must I have for diaper changing?
Comment: We received 34 comments, 20 opposing that straps be required on
diaper-changing surfaces because of the cost of installation and the difficulty
of sanitizing the straps. One commenter agrees that a safety mechanism is
needed that prevents the child from falling from the surface. Seven commenters
want clarification on "approved surface." One commenter states this will have
a cost impact to add or move sinks to infant areas and that sanitary changing
of diapers can be accomplished with staff rotations. Six oppose subsection
(a)(2) because of the cost of adding or moving a sink to be adjacent to the
diaper changing area would be prohibitive.
Response: We are adopting this section with changes in response to some
comments and for consistency with related rule changes. The changes to §746.4403
address the commenter's issues regarding the sink's proximity to the diaper-changing
station. The rule does not specifically require straps, but allows for use
of any safety mechanism that prevents the child from falling, which includes
a raised edge surface on the changing table. Most diapering surfaces are already
equipped with raised edges.
§746.3505. What must I do to prevent the spread of germs when diapering
children?
Comment: Six commenters state that placing cloth diapers or clothing in
a sealed bag or container without rinsing and then returning the items to
the parents at the end of the day is an unsanitary practice. Three commenters
state the cost of placing soiled diapers in plastic bags will increase the
cost of care. One commenter states keeping soiled diapers in individual, sealed
bags is overkill and is bad for the environment. One commenter supports this
standard. One commenter disagrees with requiring infants to wash their hands,
unless they touch something toxic or contaminated.
Response: We are adopting this section with a change to delete the requirement
in proposed subsection (f) to place soiled diapers in individual, sealed bags.
Proposed subsection (e) provides alternatives that satisfy requirements for
keeping soiled diapers in a sanitary manner, of which individual sealed bags
are only one acceptable option. The requirements in subsection (e) are the
same as current day-care center standards, and this is not a new cost to centers.
No further changes were made in response to comments because illnesses may
be spread by coughing, sneezing, and by touching an object that has germs
on it. Germs are contained in human waste and body fluids; therefore, it is
important that an infant's hands be washed after each diaper change.
§746.3601. What type of illness would prohibit a child from being
admitted for care?
Comment: We received 17 comments regarding this section, particularly paragraph
(3)(D). Fifteen commenters object to wheezing being included as a symptom
requiring exclusion from care. They note that many children wheeze as a result
of allergies or asthma, but do not necessarily need to be excluded from care.
Two commenters support the proposed section.
Response: We are adopting this section with changes deleting the word "wheezing,"
which will reduce confusion concerning children with allergies or asthma.
§746.3605. What if a child becomes ill while in care? and §746.3607.
How should caregivers respond to critical illness or injury?
Comment: We received two comments in support of each of these rules.
Response: No change is needed as a result of these comments.
§746.3701. What safety precautions must I take to protect children
in my child-care center?
Comment: We received 36 comments, 35 in favor of safety precautions that
must be taken to protect children in the child-care center. One commenter
states the proposed rule should be clear that a child's environment must be
well lit during waking hours.
Response: We are adopting this section without change for the following
reasons. Section 746.3407(10) requires all parts of the child-care center
used by children to be well heated, lighted, and ventilated.
§746.3703. How can I ensure the safety of the children from other
persons?
Comment: One commenter supports this rule and states that it is especially
important for the health and safety of children under five years of age. Two
want clarification regarding smoking and the applicability to parents. One
suggests the provider inform the parent if they are taking any behavior modifying
medications.
Response: We are adopting this section without change for the following
reasons. This rule could apply to parents at the facility during the hours
of its operation. A multitude of medications modify behavior and we do not
believe providers must inform parents if they are taking such medications;
however, if a caregiver's behavior appeared to pose a threat to children,
this standard would prohibit that person from having access to children regardless
of the reason for the endangering behavior.
§746.3705. Am I required to have a video or audio monitoring system?
Comment: One commenter disagrees with this rule because the commenter says
that this rule will allow spacious child-care facilities to install audio-visual
equipment.
Response: We are adopting this section without change for the following
reasons. The rule does not restrict facilities from using audio-visual equipment,
if they wish to do so.
§746.3707. Are firearms or other weapons allowed at my child-care
center?
Comment: Thirty commenters support the rule regarding firearms and other
weapons in the child-care center.
Response: No change is needed as a result of the comments.
§746.3901. What steps must I take to have animals at my child-care
center?
Comment: One commenter stated that animals do not have a place in child-care
centers.
Response: We are adopting this section with changes to be consistent with
related rule changes and to provide additional safeguards to children when
animals are present. Parents must be informed when animals are or will be
present in the child-care center, which allows parents to decide whether to
enroll their child and whether to prohibit or allow their child to have contact
with the animals.
§746.3903. Must I keep documentation of vaccinations on file for the
animals?
Comments: None.
Response: Although no comments were received, this section is being adopted
with changes for consistency with related rule changes that safeguard children
when animals are in care.
§746.3905. Are any animals prohibited from being at the child-care
center?
Comment: We received 41 comments, 33 supporting this section. Four commenters
oppose the rule regarding animals prohibited from the child-care center. Three
want all animals excluded. One wants dangerous animals, including dogs, prohibited.
Response: We are adopting this section with changes based on some of these
comments. There is a high risk of contracting and spreading salmonellosis
by either direct or indirect contact with the specified animals. The rule
is based on recommendations from the Centers for Disease Control, the Texas
Department of Health, Zoonosis Control Division, and modifications made by
the Texas Legislature to Chapter 81 of the Texas Health and Safety Code.
§746.4001. Must I have a first-aid kit at my child-care center?
Comment: Three commenters disagree with this rule and felt that there should
be a first-aid kit available not only for field trips, but also when they
transport children. One opposes the adoption of the proposed rule.
Response: We are adopting this rule with changes based on comments. We
agree with commenters that a first-aid kit should be available whenever children
are transported and this is consistent with current minimum standards. No
further changes are made as the requirement to have first-aid kits available
is important to protecting children.
§746.4003. What items must each first-aid kit contain? and §746.4005.
When may I use the syrup of ipecac?
Comment: We received one comment opposed to each of these rules for unspecified
reasons.
Response: Due to the lack of specificity, we cannot respond to the commenter's
concerns. We are adopting both rule sections without change as we believe
these standards are necessary to protect children.
§746.4101. Who may I release children to?
Comment: Three commenters said: "Texas state law states that CPS may take
children with a court order and in certain circumstances without an order."
Response: We are adopting this section without change for the following
reason. Under normal circumstances, a child may be released only to a parent
or a person designated by the parent. In situations involving Child Protective
Services (CPS) or law enforcement, the Texas state law may be referenced and
must be enforced. It is not necessary to restate all other legal requirements
in these minimum standards.
§746.4103. How do my employees verify the identity of a parent or
a person a parent has designated to pick up the child?
Comment: One commenter said: "Day-care centers should have to have a picture
on file of any person coming into the building, not just those coming in to
pick up a child." Two commenters asked: "Under this proposed rule, at what
point is the provider considered to have "released" a child to the parent?"
Response: We are adopting this section without change for the following
reason. This rule addresses how a facility should verify the identity of a
parent or person designated to pick up a child. Several options are suggested,
including having a copy of a picture ID or a photo of the designated person.
A facility always has the option of going above and beyond the required minimum
standard. Centers can establish an understanding with parents regarding when
the parent and when the center is responsible for the child while the parent
and the child are both on the premises. This understanding could be laid out
in the enrollment agreement to clarify when a child is considered "released."
§746.4203. Am I required to care for children younger than 24 months
separately from older children?
Comment: We received 36 comments, 33 supporting the rule. One commenter
stated centers that do not take children under 18 months will move that age
to 24 months because of economic reasons. Access to care will be diminished.
Two commenters state additional costs imposed by this proposal would mean
a loss of children in TWC-CCDF program, estimated at $100 per month.
Response: We are adopting this section with changes based on the comments
and related changes to the definition of an infant as a child from birth through
17 months.
§746.4205. Must I limit the number of children in each room based
on the indoor activity space measurements for that room?
Comment: Five commenters opposed this rule on the basis that there would
be added cost associated with the indoor space required for children younger
than 24 months old and that this change would reduce affordable child-care
for infants.
Response: We agree and are adopting this section with changes to be consistent
with other changes made to the definition of an infant as a child from birth
through 17 months of age.
§746.4207. Do these indoor activity space requirements apply to my
child-care center if it was licensed before July 1, 2003?
Comment: Two commenters stated that public school standards are below these
standards, yet they are publicly funded.
Response: Public schools operate under the jurisdiction of the Texas Education
Agency and cannot, by law, be regulated by us. No change was made in response
to comment; however, this section was adopted with a change to replace the
date July 1, 2003, with September 1, 2003.
§746.4213. How does Licensing determine the indoor activity space?
Comment: One commenter opposed the method of measuring space accessible
to the child listed in paragraph (4) of the proposed rule.
Response: We are adopting this section with change for clarity. The method
of measuring activity space for children is not different than the current
method.
§746.4215. May other programs use my licensed indoor space at the
same time I have children in care?
Comment: Two commenters state that they disagree with this rule because
their center is located in a church and different programs use the church
for activities and meetings.
Response: We are adopting this section without change for the following
reason. The rule does not prohibit a church from using its space for meeting
and other activities. It does prevent other programs from using the child-care
space at the same time children are in care and using the space.
§746.4301. How many square feet of outdoor activity space must I have?
Comment: Two commenters question why a cost estimate was not provided for
the requirement that, "outdoor activity space must be at least 25% of your
licensed indoor capacity". When a center sells, the value of a center not
meeting this requirement will be diminished. The building should be grandfathered,
if there is to be no cost allocated to this change.
Response: Currently licensed facilities are grand fathered under this rule
and there is no cost impact to them. Since the cost impact analysis is based
upon possible cost increases to current permit holders, a cost analysis on
possible future permit holders would be speculative. No change was made in
response to comment; however, this section was adopted with a change to replace
the date July 1, 2003, with September 1, 2003.
§746.4305. Must I fence the outdoor activity space?
Comment: One commenter questions why public school standards are below
"minimum standards" since they are publicly funded.
Response: We are adopting this section without change for the following
reason. Any program that only offers care for children five years or older
is exempt from the outdoor fence requirement. Programs operated by Texas Education
Agency are exempt by law from our regulation.
§746.4309. May I keep the gates leading into my outdoor activity space
locked while children are in care?
Comment: Two commenters state that the wording is ambiguous and request
clarification on whether the gate should be locked or unlocked.
Response: We are adopting this section with changes in response to comments.
As changed, the rule allows centers to lock the gate leading into the outdoor
activity space if they choose to do so, providing all employees have access
to the locking mechanism at all times, employees are able to immediately unlock
the gate in the event of an emergency, and caregivers must be able to demonstrate
their ability to immediately unlock the gate.
§746.4311. Must the outdoor activity space be connected to the child-care
center?
Comment: Two commenters asked, "What are safety hazards relating to the
crime rate for the area? Who determines crime rate? Felony or misdemeanor?"
Response: We have changed this rule based on the comments and to clarify
that the intent of this rule is to prevent children from undue risks, regardless
of the reason.
§746.4313. Must I comply with additional requirements if my plan to
use an outdoor activity space not connected to my child-care center is approved
by Licensing?
Comment: Three commenters state the rule is open-ended and that Licensing
staff should inspect standards and not be forced to make judgment calls. Could
other language be used to better explain what "other conditions" might mean?
Response: We are adopting this section without change for the following
reason. The rule sets out conditions for centers that use outdoor activity
space that is not connected to the child-care center. To create greater flexibility
and to consider the unique and individual situations that may exist from one
child-care center to another, the rule does not specify every safety aspect
that might be relevant to a center's plan for using such space. This rule
also does away with the need for a caregiver to request a variance that must
be renewed at least every three years under this situation. A caregiver who
disagrees with the conditions is entitled to an appeal.
§746.4401. How many hand-washing sinks must I have in my child-care
center for children's use?
Comment: We received 92 comments, all opposing the rule. Eighty-seven commenters
indicated there will be exorbitant plumbing costs if a sink for children's
use is required in the infant care area. Two commented that the rule required
more of child-care centers than was required of public kindergartens.
Response: We are adopting this section with changes based on the comments.
The changes to paragraphs (1) and (2) reflect current day-care center requirements;
subsection (b) reflects current group day-care home requirements; and subsection
(c) is no longer needed because the requirements for day-care centers will
remain the same. Subsections (d) and (e) grandfather kindergarten and nursery
schools; schools: grades kindergarten and above, and drop-in centers licensed
before September 1, 2003.
§746.4403. Must I have an additional hand-washing sink in the diaper-changing
area?
Comment: Four commenters asked us to consider the economic impact and one
of the commenters stated that there was no cost listed in the fiscal impact.
Response: Since we are revising §746.4401 to delete the additional
hand-washing sink in the diaper-changing area, we are revising this rule to
correspond with §746.4401.Also, the date July 1, 2003, has been changed
to September 1, 2003.
§746.4405. Where must I locate the hand-washing sinks for children's
use?
Comment: One commenter supported the proposed rule but expressed doubt
that rules would be followed unless they were more strongly enforced.
Response: In addition to investigations and routine inspections, Licensing
relies on the dedication of caregivers to meet minimum standards and parent
involvement in monitoring their child's care. Licensing will investigate any
complaint that a center is not meeting a minimum standard. Although no change
was made in response to this comment, a change was made to be consistent with
the change made to the definition of an infant as a child from birth through
17 months.
§746.4407. How many toilets am I required to have in my child-care
center?
Comment: All 12 commenters were opposed to the proposed rule. Seven commenters
stated a toilet in the infant area poses a drowning hazard and presents a
temptation to infants to play in the water. Two commenters indicate there
is no need for a toilet in this area, and three commenters recommend that
the toilet be required for children 18-24 months instead.
Response: We are adopting this section with changes based on the comments
and to replace the date July 1, 2003, with September 1, 2003.
§746.4409. Where must the toilets be located?
Comment: One commenter states that the rule should clarify that young boys
and girls should refrain from using the same rest room.
Response: The rule does not specify how caregivers allow children to use
available restrooms, but allows flexibility to accommodate centers of different
sizes and designs. This rule is adopted with a change to be consistent with
the changed definitions of infants as a child from birth through 17 months.
§746.4417. May potty-chairs be used?
Comment: One commenter stated that if potty chairs are used there should
be procedures listed regarding the cleaning and sanitization after each use.
Response: We are adopting this section without change for the following
reason. Section 746.3407(5) states that potty-chairs must be sanitized after
each child's use. All toileting areas are required to be clean and maintained
to protect the health and safety of children in care.
§746.4419. Do I have to use toilets, sinks and fountains that are
child sized?
Comment: Two commenters opposed the rule because they thought it would
require a handrail for even one step.
Response: We are adopting this section without change for the following
reason. The rule does not require handrails on steps leading to adult-sized
toilets. Section 746.4509 requires handrails for steps on slides and lofts.
§746.4421. May the doors to the restroom or toilets have locks on
them?
Comment: Two commenters stated that regular locks on bathroom stalls should
be permitted as long as staff supervises children when they are in the bathroom.
Response: We are adopting this section without change for the following
reason. The rule allows bathroom doors to have locks as long as they are out
of the children's reach or caregivers are present in the restroom or can unlock
the lock. Caregivers must be able to access a child at all times in case of
an emergency.
§746.4503. Must I provide a cot or mat for each child to sleep or
rest on?
Comment: Two commenters disagree with the requirement that the floor mats
used for napping must be marked or colored so that the sleeping sides can
be distinguished from the floor side. One commenter stated that the mats are
cleaned each day so it doesn't matter which side is used.
Response: To protect the heath and safety of the children it is necessary
to mark the sides and assure that the sleeping side is used for sleeping,
in addition to cleaning them. Although no change was made in response to this
comment, a change was made to be consistent with the change made to the definition
of an infant as a child from birth through 17 months.
§746.4509. May I have indoor equipment such as slides or lofts?
Comment: We received 227 comments, 216 in support of the rule and 176 of
these stating facilities should be required to comply in one year rather than
five. Eight commenters oppose the rule because it will be cost-prohibitive
to meet the proposed standard, indoor resilient surfacing presents a tripping
hazard, or carpeting is a sufficient resilient surfacing. One commenter wants
clarification regarding railing height applicability to diaper-changing tables
equipped with a step. Two commenters question why resilient surfacing is needed
if a protective barrier is installed.
Response: We are adopting this section with changes based on the related
comments concerning rails on climbing equipment. No further changes were made
for the following reasons. The five-year compliance date allows smaller centers
an opportunity to absorb the surfacing and installation costs over a longer
period of time, minimizing the negative cost impact of this rule. Current
minimum standards prohibit the use of climbing equipment on concrete or asphalt.
Shock absorbing surfaces can help disperse the momentum of a falling body
or head, thus, reducing the risk of life threatening injuries. Carpeting is
not a resilient surface unless it is installed over unitary shock-absorbing
padding. A diaper-changing table is not intended to be used for climbing equipment,
and therefore it will not need to have the resilient surfacing underneath,
but will need the safety mechanism required in §746.3503. Protective
barriers are intended to prevent falls; however, a child may try to defeat
the barrier and use equipment in unintended ways. Because of the height of
the equipment, the resilient surfacing helps protect children from serious
injury in the event of a fall.
§746.4511. If my child-care center was licensed before July 1, 2003,
will I be given an opportunity to comply?
Comment: All 30 commenters support the rule; however 17 want the compliance
time for existing facilities changed from five years to two years.
Response: Caregivers are allowed five years to comply with safety requirements
for indoor equipment because of the costs involved to meet these standards.
No change was made in response to comment; however, this section was adopted
with a change to replace the date July 1, 2003, with September 1, 2003.
§746.4601. What minimum safety requirements must my outdoor equipment
meet?
Comment: We received 31 comments, 23 in support of the rule. Four commenters
disagree with the economic analysis we did and stated that we did not consider
the cost of labor and installation. These commenters stated that having to
comply with this rule would cause undue financial burden on the operation.
The commenters state that the impact is spread over a three-year period; however,
in realty the cost must be paid for when incurred so the impact is immediate.
One commenter states that centers should be required to comply within one
year rather than five. One commenter opposes the proposed rule in general.
One commenter states the rules should reference CPSC and ADA guidelines. One
commenter opposes the proposed rule because moonwalks should be allowed.
Response: We are adopting this section without change for the following
reasons. We did not include the cost of labor and installation in the fiscal
impact analysis for resilient surfacing. Due to the variety of child-care
center playground sizes, resilient surfacing materials, and types of equipment
across the state, the cost of installation will vary, but is not anticipated
to add significantly to the projected costs. Centers have the option of performing
this labor themselves to minimize cost. The rule allows existing child-care
centers five years to comply, allowing them to spread the cost out over a
longer period of time. Moonwalks are not standard playground equipment and
have led to serious injuries when more than one child is inside the moonwalk.
§746.4603. Are there some types of equipment that children must not
use?
Comment: All 18 commenters oppose the proposed rule, which prohibits bounce
houses, moonwalks, monkey bars, and trapeze bars.
Response: The rule is based on recommendations of the Consumer Product
Safety Commission (CPSC) because these types of equipment present a higher
level of risk for serious injury. We are adopting this section with minor
editorial changes for clarity and Licensing enforcement.
§746.4605. Are there additional equipment restrictions for children
ages two through five years?
Comment: We received 18 comments. Thirteen commenters state they would
like to see a state-wide initiative by Licensing to get the restricted items
listed in this rule regarding restricted play equipment for children ages
two through five years removed from parks and recreation locations. One commenter
states that we need a better definition of swinging gate, since all gates
swing when opening and closing. One commenter questioned why moonwalks are
not allowed since a child can be hurt on any play equipment if not properly
supervised. One commenter currently has a slide with a 360-degree turn that
children enjoy as well as the vertical pole and questioned if the vertical
pole will need to be removed? One commenter states $40,000 was just spent
on a new playground, which has a slide with two spirals. One commenter states
the cost for removal of equipment was not determined.
Response: We are adopting this section without change for the following
reasons. We do not have the authority to regulate public parks and recreation
locations. Swinging gates are those that have a metal post with vertical bars.
Children place their feet between the bars and push the gate as they pivot
around the post. Children can create a great deal of speed while playing and
can be thrown from this piece of equipment resulting in serious injury. Section
746.4603 allows the use of moonwalks/bounce houses providing more than one
child does not use the equipment at a time due to the risk of injury from
children colliding during play. The Consumer Product Safety Commission recommends
children (two through five years) not use the play equipment listed in the
rule because they lack the upper body strength, balance, postural control,
and coordination required to successfully and safely play on the equipment.
This does not prevent older children from using equipment such as vertical
sliding poles and long spiral slides with more than one turn. Costs impact
for removal of equipment was not measured since there are a variety of ways
a caregiver may comply.
§746.4607. What special maintenance procedures must I follow for my
playground?
Comment: Sixty-six commenters support checking the playground for hazards.
One commenter objects to the extra work involved for the director. One commenter
asks why it is necessary to look at maintenance records if the playground
is in safe and good order.
Response: We are adopting this section without change for the following
reasons. Checking the playground daily for hazards will lower the risk of
injuries to children. Documentation of monthly inspections ensures the playground
is regularly checked for safety hazards.
§746.4609. If my child-care center is located in a public school facility,
must I meet the same safety requirements for outdoor play equipment?
Comment: Two commenters wonder if we will inspect day-care centers located
at schools.
Response: We are required to inspect all facilities subject to our regulation.
No change was made in response to this comment.
§746.4701. What are the safety requirements for swings?
Comment: One commenter asks what is meant by composite play structure for
swings.
Response: Composite refers to playscapes, or structures containing equipment
for a variety of activities, such as slides, climbing apparatus, bridges,
and platforms. No change was made to this rule in response to comment.
§746.4803. How do I measure the use zone for stationary equipment?
Comment: Two commenters state that fall zones should be allowed to overlap.
One of these states if providers were required to remove half of their equipment,
because of fall zones that overlap, the children would be angry and fight
over the few remaining pieces of equipment. The other commenter states that
current standards say zones may overlap. One commenter asks that we grandfather
the spaces. One commenter opposes the proposed enlarged fall (use) zones.
Response: We are adopting this section without change for the following
reasons. Section 746.4815 allows all child-care centers licensed before September
1, 2003, to follow current fall zone standards, until the center redesigns
the playground, adds new equipment, or the permit is no longer valid. Current
minimum standards do not allow the overlapping of fall/use zones and this
would not protect children from injuries.
§746.4805. How do I measure the use zone for slides?
Comment: One commenter says that six feet at the end of the slide is sufficient.
Ten feet is not needed.
Response: The rule requires a six-foot use zone at the end and sides of
slides, thus no change is needed in response to this comment.
§746.4807. How do I measure the use zone for to-fro swings?
Comment: Four commenters want to know what manufacturers make swings six
feet apart.
Response: The six-foot rule applies to swing structures, not the swings
on the structure, thus no change is needed in response to this comment.
§746.4901. What type of surfacing must I have under my outdoor equipment?
Comment: We received 219 comments. Two hundred nine commenters support
the proposed rule stating softer, safer surfacing should be placed in the
fall zone under outdoor climbing equipment and play structures and recommend
compliance in one year rather than five. One states her insurance company
is requiring compliance with the resilient surfacing whether or not this standard
is adopted. Three commenters state that resilient surfacing is unnecessary
and too expensive. One commenter says that the revisions conflict with the
Americans with Disabilities Act (ADA). Three state that the Consumer Product
Safety Code (CPSC) must be an addendum if it is to have the force of law.
One states grass is a good surface. One states CPSC requires appropriate materials
under all equipment.
Response: We are adopting this section without change for the following
reasons. The five-year period to comply will allow centers time to absorb
the costs. Resilient surfacing is necessary to disperse the momentum of a
falling body or head, thus, reducing the risk of life threatening injuries.
The section is not in conflict with the ADA requirements or Texas Accessibility
Standards (TAS). TAS requires an accessibility route leading to the equipment
that is stable, firm, and slip-resistant, but has no requirements for surfaces
under the equipment. Rules are not in conflict with each other. We are adopting
this section without change.
§746.4903. If my playground surfacing does not currently meet these
requirements, will I be given additional time to comply?
Comment: Forty three commenters support the proposed rule stating softer,
safer surfacing should be placed in the fall zone under outdoor climbing equipment
and play structures and recommend compliance in one year or two years rather
than five.
Response: No change is needed as a result of this comment, however, this
rule is adopted with a change to replace the date July 1, 2003, with September
1, 2003.
§746.4905. What are acceptable loose-fill surfacing materials?
Comment: One commenter supports the proposed rule regarding loose-fill
surfacing materials.
Response: No change is needed as a result of this comment.
§746.4907. How should loose-fill surfacing materials be installed?
Comment: We received ten comments. Five commenters recommend that references
to the Consumer Product Safety Commission (CPSC) Handbook for Public Playground
Safety need to be in an addendum if it is to be given the authority of law.
Two question if the federal rules change, will we change also. Two state it
has a fiscal impact. One questions how we would enforce this rule.
Response: We are adopting this section with changes based on the comments.
The reference to the CPSC guidelines is being replaced with the chart. By
placing the chart into rule, the measurements will not change if the federal
guidelines change, unless a new rule is proposed and adopted. The depth of
surfacing materials is directly related to the height of the equipment. Equipment
heights, as well as the depth of loose-fill materials, will be measured by
Licensing to determine compliance with the rule.
§746.5001. What safety precautions must I follow when children in
my care use a swimming pool?
Comment: Two commenters support the rule as proposed. One commenter wants
the rules to reference the National Electric Code (NEC) Section 680 regarding
emergency shutoffs because improper installation of an equipment shut-off
could present electrical shock hazards to individuals in or around the pool.
Two comments were received from the Texas Department of Health asking that
the proposed rules reference their proposed rules regarding drain grates and
suction outlets. Two commenters request clarification regarding whether outdoor
space requirements apply to pools.
Response: We are adopting this section without change for the following
reasons. The rule states a staff person should be present who can turn off
the pump and filtering system. It does not speak to emergency shutoff. The
proposed TDH rules in Chapter 265, §265.190 (B) and (C) require that
all pools and spas of more than five feet, in existence prior to 1999, shall
be renovated by October 1, 2004, to comply with proposed standards. Pools
and spas with less than five feet of water must be renovated by October 1,
2003. Our rule states that drain grates and suction outlets must be in good
repair, in place, and may not be removed without using tools. The rule is
a lesser requirement than TDH's proposed rule, but does not conflict and still
promotes safety.
§746.5005. Do the same safety precautions apply for above-ground pools?
Comment: Two commenters want a distinction made between wading pools and
above ground pools.
Response: We are adopting this section without change for the following
reasons. Wading pool water depth is two feet or less as defined in §746.2101.
§746.5007. Must I have a fence around a swimming pool at my child-care
center?
Comment: We received 55 comments, 38 in support of adding the requirement
for a six-foot fence around swimming pools. Thirteen commenters express concern
over the expense of installing a fence and request that only centers licensed
after the effective date be required to comply with the proposed rule. One
commenter supports the requirement, but wants the timeframe changed to six
months for installation of a fence around a previously licensed pool. One
comment was received from TDH requesting that the proposed rules reference
their proposed rules regarding fencing around swimming pools. Two commenters
oppose subsection (c), claiming that the fire marshal prohibits the locking
of doors.
Response: We are adopting this section without change for the following
reasons. A six-foot fence is currently required in Group Day Care Homes, Kindergarten
and Nursery Schools, and Schools: Grades Kindergarten and Above. The rule
will make this requirement, an important tool in reducing the risk of drowning,
consistent for all child-care centers. The one-year compliance period for
existing pools allows the center time to absorb the additional costs of installation.
The Texas State Fire Marshal allows doors to be locked as long as there is
another exit from the building, which can include a window. We are adopting
this section without change.
§746.5011. If I do not have a fence around the pool at my child-care
center before July 1, 2003, will I have an opportunity to comply?
Comment: We received 37 comments, 30 in support of the proposed rule. Three
commenters want the compliance date for a fence around the pool to be implemented
more quickly than one year, as it places children at risk. One commenter states
TDH has required a pool to be enclosed by a fence since October 1, 1999. The
wording in §746.5011 appears to give child-care centers until July 23,
2004, to install a fence. One commenter states there should be at least five
life-saving devices available, one for each lifeguard station and two posted
that are easily accessible. Two commenters state: "Potential Dangers in the
Proposed Rules: No grace periods for pool owners if one child drowns."
Response: The one-year compliance period for existing pools allows the
center time to absorb the additional costs of installation. The additional
year for compliance is for existing child-care centers to erect a fence if
they do not currently have one. TDH currently requires one lifesaving equipment
item and is proposing that pools that exceed 2,000 square feet of water surface
area have an additional reaching pole and throwing rope. The National Health
and Safety Standards require two lifesaving equipment items for a swimming
pool more than six-feet in length, width, or diameter. Caregivers may go beyond
the requirements of minimum standards and provide additional pool lifesaving
equipment items. Although no changes were made to this rule in response to
comment, we are adopting the rule with a change to replace the date July 1,
2003, with September 1, 2003.
§746.5013. What are the safety requirements for wading pools?
Comment: One commenter agrees with and supports this rule. Two want a distinction
between wading pools and above ground pools.
Response: We are adopting this section without change for the following
reasons. Wading pool water depth is two feet or less as defined in §746.2101.
§746.5101. Must my child-care center have an annual fire inspection?
Comment: We received 92 comments, 89 stating that we are mandating monthly
fire inspections. Two state many school buildings do not have fire marshal
approval. One states there will be a problem with the Dallas area complying,
because of the way the rule is written.
Response: We are adopting this section without change for the following
reasons. The rule states that a fire inspection of the child-care center is
an annual, not monthly, requirement. This is not a change from the current
standards. Child-care centers operating in school buildings and regulated
by us will be required to meet the standards. We are not aware of any conflicts
with these requirements in the Dallas area.
§746.5103. How do I document that a fire inspection has been completed?
Comment: Three commenters state the center should only be responsible for
what is given to them by the inspector and it is not their responsibility
if the name and phone number is not on the inspection. One commenter states
they do not like to see Licensing in the fire business.
Response: We are adopting this section without change for the following
reasons. The name and phone number of the inspector needs to be on the form
in case there are questions about the report. Current and proposed standards
require that fire inspections be conducted by local or state fire marshals.
§746.5105. Must I make all corrections specified in the fire-inspection
report?
Comment: None.
Response: We are adopting this rule with minor changes in the wording to
clarify this standard.
§746.5203. What steps must my emergency evacuation and relocation
plan include?
Comment: One commenter opposes the rule.
Response: We are adopting this section without change for the following
reasons. The rule outlines common-sense requirements for the emergency evacuation
and relocation of children from a child-care center that are necessary to
ensure the health and safety the children.
§746.5209. How many exits must my child-care center have?
Comment: One commenter states that this should include that the exits be
marked.
Response: We are adopting this section without change for the following
reasons. The fire inspector regulates whether or not the exits should be marked.
§746.5305. Where must I mount fire extinguishers?
Comment: Three commenters say location of the fire extinguishers should
be left to the discretion of the fire department. One says only licensed inspectors
should be checking the fire alarms, not the state fire marshal or Licensing
representatives.
Response: We are adopting this section without change for the following
reasons. The rule stipulates the placement of the extinguisher to allow for
its swift use. The rule is flexible and will allow the local or state fire
marshal to require a different placement.
§746.5307. How often must I inspect and service the fire extinguisher(s)?
Comment: Eighty-nine commenters object to the cost of having the fire marshal
inspect fire extinguishers on a monthly basis.
Response: We are adopting this section without change for the following
reasons. The rule does not require monthly inspections by a fire marshal.
The rule states that the center director should inspect the fire extinguishers
monthly by looking at the gauge to make sure it is still charged. This is
not a change from the current standards.
§746.5319. How often must the smoke detectors at my child-care center
be tested?
Comment: One commenter states inspections are too frequent, expensive,
and repetitive (local agencies also monitor).
Response: We are adopting this section without change for the following
reasons. Testing the smoke detectors monthly is easily done by center staff.
Ensuring that smoke detectors are working properly helps ensure the safety
of the children in case of fire.
§746.5401. Must my child-care center be inspected for gas leaks?
Comment: One commenter states that inspections are " too frequent, expensive,
and repetitive (local agencies also monitor)." One says we are shirking our
responsibility to children in care and "willing to take the chance of children
dying from the 'silent killer' just to save time and money on inspections."
Response: We are adopting this section without change for the following
reasons. The rule requires a gas leak inspection every two years, which is
less frequent than the current standards that require gas leak inspections
annually. This is consistent with the regulation of public schools, which
are inspected for gas leaks every two years, and we believe this is minimally
adequate to protect children.
§746.5601. What types of transportation does Licensing regulate?
Comment: Two commenters are in support of the transportation standards.
Response: No changes are needed as a result of these comments.
§746.5603. What type of vehicle may I use to transport children?
Comment: One commenter requests that we require child-care centers to transport
children according to state and federal school bus standards.
Response: We are adopting this section without change for the following
reasons. The rules do not regulate the type of vehicle used to transport children,
but only require necessary safety requirements be followed when transporting
children. Facilities can check with the Texas Department of Motor Vehicles
or refer to Federal motor-vehicle safety standards regulating transportation
to and from school and child-care.
§746.5605. What safety precautions must I take when loading and unloading
children from the vehicle?
Comment: Two commenters support this rule. The Texas Department of Public
Safety (DPS) suggested changes in the wording of this section and the subsequent
section for greater clarity.
Response: We are adopting this section with minor word changes for greater
clarity, as recommended by DPS.
§746.5607. What safety seat system must I use when I transport children?
Comment: We received 27 comments. Twelve commenters state that the increased
safety is a plus for children, but the cost will be high for transportation
and may completely end field trips. Fourteen commenters say that the change
would initially be cost prohibitive for children younger than four years,
or under 36 inches tall. One commenter supports the rule. DPS suggested minor
word changes for greater clarity.
Response: The transportation safety requirements are consistent with Texas
law as outlined in the Transportation Code, §545.412. The child safety
restraint requirements do not apply to buses with a gross vehicular weight
rating of 10,000 pounds or more. We are adopting this section with minor word
changes for greater clarity, as recommended by DPS.
§746.5609. Must caregivers and/or the driver wear a seat belt?
Comment: One commenter supports this standard, and states the standards
did not have to be rewritten. One commenter wants to clarify that the driver
and caregivers must be properly belted if seat belts are provided in the vehicle.
Response: The standards require minimal safety requirements for transporting
children. We are adopting this section with changes to clarify that drivers
must always use a safety belt, regardless of the type of vehicle used, and
that adult passengers must also wear a safety belt in any vehicle other than
a bus with GVWR of 10,000 pounds or more.
§746.5611. May parents provide the safety seat equipment required
for their child?
Comment: One commenter says we should prohibit parents from providing safety
seats per National Highway Transportation Safety Administration.
Response: We are adopting this section without changes for the following
reasons. Under current minimum standards providers can choose whether or not
to allow parents to provide safety seats. No fiscal analysis was conducted
to determine the fiscal impact of making this suggested change, thus we are
unable to consider this suggestion at this time.
§746.5615. May a child ride in a safety belt with a shoulder harness?
Comment: One commenter supports requiring seat belts.
Response: No change is needed as a result of the comment.
§746.5617. Must I carry specific equipment in vehicles used to transport
children in my care?
Comment: One commenter questions whether the transportation vehicle should
be required to have a seat belt cutter available in case of a roll over. One
commenter asked "What about first-aid kits?"
Response: A seat belt cutter is an additional requirement that was not
proposed and it is likely that emergency personnel responding to an accident
would be equipped and qualified to handle evacuations in case of a roll over.
We agree with the commenter's suggestion that a first-aid kit be available
in the vehicle and we are adopting this section with changes in response to
this comment.
§746.5621. Must I have a communications device in the vehicle?
Comment: All 13 commenters express concern that they will have to spend
money for some sort of communication device because "to require staff to take
a regimented, agreed-upon-route would not be realistic due to detours, road
closings and traffic." The commenters all estimate that it would cost $959.40
per device. Six commenters say they each have five vehicles that would be
in use at one time; therefore, it would cost them $4797 per year.
Response: We are adopting this section without change. The rule requires
that a driver, if not in possession of a communication device, travel a known,
fixed route and have someone at the center aware of the driver's departure
and arrival time, ready to take action if he does not arrive on time. This
does not mean that the driver has to drive the exact route in the event of
road closures, but rather, routinely travel the same route with no major detours
or intentional stops along the way.
Subchapter A. PURPOSE AND DEFINITIONS
40 TAC §§746.101, 746.103, 746.105, 746.107, 746.109
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.105.What do certain words and terms mean when used in this chapter?
The words and terms used in this chapter have the meanings assigned
to them under §745.21 of this title (relating to What do the following
words and terms mean when used in this chapter?), unless another meaning is
assigned in this section or unless the context clearly indicates otherwise.
In addition, the following words and terms have the following meanings unless
the context clearly indicates otherwise:
(1)
Activity space -- An area or room used for children's activities,
including areas separate from a group's classroom.
(2)
Administrative and clerical duties -- Duties that involve
the management of an operation, such as bookkeeping, enrolling children, answering
the telephone, and collecting fees.
(3)
Admission -- The process of enrolling a child in a child-care
center. The date of admission is the first day the child is physically present
in the center.
(4)
Adult -- A person 18 years old and older.
(5)
After-school care program -- A program that provides care
for school-age children during hours before and after school, and days when
school is not in session, such as school holidays, summer vacations, and teacher
in-service days.
(6)
Alternate care program -- A program in which no child is
in care for more than five consecutive days, and no child is in care for more
than 15 days in one calendar month, regardless of the duration of each stay.
(7)
Attendance -- When referring to a child's attendance, the
physical presence of a child at the child-care center's program on any given
day or at any given time, as distinct from the child's enrollment in the child-care
center.
(8)
Baby bungee jumper -- A baby bungee jumper allows an infant
to bounce while supported in a seat by elastic "bungee cord" suspended from
a doorway.
(9)
Baby walker -- A baby walker allows an infant to sit inside
the walker equipped with rollers or wheels and move across the floor.
(10)
Bouncer seat -- A stationary seat designed to provide
gentle rocking or bouncing motion by an infant's movement, or by battery-operated
movement. This type of equipment is designed for an infant's use from birth
until the child can sit up unassisted.
(11)
Caregiver -- A person whose duties include the supervision,
guidance, and protection of a child. As used in this chapter, the term means
a person who meets the minimum education, work experience, and training qualifications
required under Subchapter D of this chapter (relating to Personnel).
(12)
Caregiver-initiated activities -- Activities that are
directed by or chosen by the caregiver.
(13)
Certified Child-Care Professional Credential -- A credential
given to a person working directly with children; based on assessed competency
in several areas of child care and child development.
(14)
Certified lifeguard -- A person who has been trained in
life saving and water safety by a qualified instructor, from a recognized
organization which awards a certificate upon successful completion of the
training. The certificate is not required to use the term "lifeguard," but
the permit holder must be able to document that the certificate represents
the type of training described.
(15)
Child-care center -- A child-care facility 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, except as otherwise provided in §746.107
of this title (relating to What types of operations do these minimum standards
apply to?).
(16)
Child-care location -- The street address of the child-care
center and the lot or lots on which the building or buildings are located.
(17)
Child-care program -- The services and activities provided
by a child-care center.
(18)
Child Development Associate Credential -- A credential
given to staff working directly with children; based on assessed competency
in several areas of child care and child development.
(19)
Child-initiated activities -- Activities that a child
chooses on the child's own initiative, and that foster the child's independence.
Child-initiated activities require equipment, materials, and supplies to be
within a child's reach.
(20)
Child passenger safety seat system -- An infant or child
passenger restraint system that meets the federal standards for crash-tested
restraint systems as set by the National Highway Traffic Safety Administration.
(21)
Corporal punishment -- The infliction of physical pain
on a child as a means of controlling behavior. This includes, but is not limited
to, spanking, hitting, slapping, thumping, or rapping a child.
(22)
Creative activities -- Activities that encourage a child
to use his imagination. Creative activities include, but are not limited to,
dramatic play, block building, stories and books, science and nature activities,
and music and art activities.
(23)
Critical illness -- An illness requiring the immediate
attention of a health-care professional.
(24)
Days -- Calendar days, unless otherwise stated.
(25)
Enrollment -- The list of names or number of children
who have been admitted to attend a child-care center for any given period
of time; the number of children enrolled in a child-care center may vary from
the number of children in attendance on any given day.
(26)
Entrapping equipment -- A component or group of components
on equipment that forms angles or openings that could trap a child's head
by being too small to allow the child's body to pass through or large enough
for the child's body to pass through, but too small to allow the child's head
to pass through.
(27)
Field trips -- Activities conducted away from the child-care
center.
(28)
Food service -- The preparation or serving of meals or
snacks.
(29)
Frequently -- More than two times in a 30-day period.
(30)
Garbage -- Waste food or items that when deteriorating
cause offensive odors and attract rodents, insects, and other pests.
(31)
Group activities -- Activities that allow children to
interact with others in large or small groups. Group activities include, but
are not limited to, storytelling, finger plays, show and tell, organized games,
and singing.
(32)
Health-care professional -- A licensed physician, licensed
or registered nurse, or other licensed medical personnel providing comprehensive
preventive, diagnostic, or therapeutic medical care to the child. This does
not include medical doctors or medical personnel where immunizations and contraindications
to immunizations are outside the scope of the licensed practice, such as chiropractors,
homeopaths, podiatrists; or medical practitioners not licensed to practice
in the United States.
(33)
Individual activities -- Opportunities for the child to
work independently or to be away from the group, but supervised.
(34)
Infant -- A child from birth through 17 months.
(35)
Janitorial duties -- Those services that involve cleaning
and maintenance above that which is required for the continuation of the child-care
program. Cleaning and maintenance include such duties as cleansing carpets,
washing cots, sweeping, vacuuming, or mopping a classroom.
(36)
Natural environment -- Settings that are natural or normal
for all children of an age group without regard to ability or disability.
For example, the primary natural group setting for a toddler with a disability
would be a play group or child-care center or whatever setting exists for
toddlers without disabilities.
(37)
Pre-service training -- Training given to a person who
has no previous experience in professional child care and no relevant training
in specified topics.
(38)
Propped bottle -- A bottle supported by something other
than the child or adult's hand because the child is too young to hold it.
(39)
Regularly -- On a recurring, scheduled basis.
(40)
Safety belt -- A lap belt and any shoulder straps included
as original equipment on or added to a vehicle.
(41)
School-age child -- A child who is five years of age and
older, and who will attend school at or away from the child-care center in
August or September of that year.
(42)
Single-use area -- Area not routinely used for children's
activities, such as a bathroom, hallway, storage room, cooking area of a kitchen,
swimming pool, and storage building.
(43)
Special care needs -- A child with special care needs
is a child who has a chronic physical, developmental, behavioral, or emotional
condition and who also requires assistance beyond that required by a child
generally to perform tasks that are within the typical chronological range
of development, including but not limited to, movement of large and/or small
muscles, learning, talking, communicating, self-help, social, emotional, seeing,
hearing, and breathing.
(44)
State or local fire marshal -- A fire official designated
by the city, county, or state government.
(45)
State or local sanitation official -- A sanitation official
designated by the city, county, or state government.
(46)
Toddler -- A child from 18 months through 35 months.
(47)
Universal precautions -- An approach to infection control
where all human blood and certain human body fluids are treated as if known
to be infectious for HIV, HBV, and other blood-borne pathogens.
(48)
Water activities -- Related to the use of splashing pools,
wading pools, swimming pools, or other similar bodies of water.
§746.107.What types of operations do these minimum standards apply to?
(a)
The minimum standards in this chapter apply to the following
types of child-care facilities:
(1)
All child-care centers licensed on or after September 1,
2003, to care for seven or more children for less than 24 hours per day at
a location other than the permit holder's home; and
(2)
All child-care facilities licensed before September 1,
2003, as a day-care center, kindergarten and nursery school, school: grades
kindergarten and above, or drop-in care center, regardless of whether the
facility operates in the permit holder's home.
(b)
A group day-care home licensed before September 1, 2003,
will have a one-time opportunity to elect to be treated either as a child-care
center, subject to the minimum standards in this chapter, or as a child-care
home, subject to the minimum standards in Chapter 747 of this title (relating
to Minimum Standards for Child-Care Homes).
(c)
To be considered as operating in one's own home, the location
where care is being provided must be at the same address as the permit holder's
residence.
(d)
On or after September 1, 2003, no child-care center will
be issued a new license to care for 13 or more children for less than 24 hours
per day in the permit holder's home.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 24, 2003.
TRD-200300499
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
1.
PERMIT HOLDER RESPONSIBILITIES
40 TAC §746.201
The new section is adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new section implements the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300500
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.301, 746.303, 746.305, 746.307
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300501
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.401, 746.403, 746.405
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300502
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.501, 746.503, 746.505, 746.507
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.503.Must I provide parents with a copy of my operational policies?
Yes. Parents must sign a child-care enrollment agreement or other similar
document that includes at least the operational policies listed in this division
on or before the date of admission. You must keep this signed document in
the child's record or at least one for each family, if siblings are enrolled
at the same time.
§746.505.What must I do when I change an operational policy or an item in the child-care enrollment agreement?
You must notify parents in writing of any changes to your operational
policies and enrollment agreement. At least one copy of the updated operational
policies must be signed and dated for each family. You must keep the updated
information in the child's record.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300503
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
1.
RECORDS OF CHILDREN
40 TAC §§746.601, 746.603, 746.605, 746.607, 746.609, 746.611, 746.613, 746.615, 746.617, 746.619, 746.621, 746.623, 746.625, 746.627, 746.629, 746.631
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.603.What records must I have for children in my care and how long must I keep them?
(a)
You must maintain the following records for each child
enrolled in your child-care center:
(1)
Child-care enrollment agreement specified in §746.503
of this title (relating to Must I provide parents with a copy of my operational
policies?);
(2)
Admission information;
(3)
Statement of the child's health from a health-care professional;
(4)
Immunization records;
(5)
Tuberculin testing information, if applicable;
(6)
Hearing and vision screening results, if applicable;
(7)
Licensing
Incident/Illness Report
form; and
(8)
Sign-in and sign-out logs.
(b)
These records must be kept at the child-care center and
must be available during hours of operation and for at least three months
after the child's last day in care.
§746.629.Must children in my care have vision and hearing screening?
(a)
The Special Senses and Communication Disorders Act, Texas
Health and Safety Code, Chapter 36, requires a screening or a professional
examination for possible vision and hearing problems for the following children
who are enrolled in a child-care center:
(1)
First-time enrollees who are four years of age or older
and all children enrolled in programs who are four years of age by September
1 of each year will be screened for possible vision and hearing problems prior
to completion of the first semester of enrollment or within 120 calendar days
of enrollment, whichever is longest, or present evidence of screening conducted
one year prior to enrollment; and
(2)
Each child who is in the first, third, fifth, or seventh-grade
must complete a screening or examination within the school year.
(b)
A licensed or certified screener or a health-care professional
must conduct the screening. Refer to Texas Health and Safety Code, §36.011,
for specifics on vision and hearing screening. This information may be accessed
on the Internet at: www.tdh.state.tx.us/vhs/.
(c)
You must keep one of the following at the child-care center
for each child required to be screened:
(1)
The individual vision and hearing screening; or
(2)
A signed statement from the child's parent that the child's
screening records are current and on file at the pre-kindergarten program
or school the child attends away from the center. The statement must be dated
and include the name, address, and telephone number of the pre-kindergarten
program or school.
§746.631.Must I keep a sign-in and sign-out log for children in my care?
(a)
Yes. You must maintain a sign-in and sign-out log for each
child coming and going from your child-care center throughout the day. This
log must include the name of each child, the date, time of arrival and time
of departure, and employee or parent's initials.
(b)
You may keep the log at the entrance of the child-care
center or in each classroom.
(c)
All caregivers must have access to the sign-in and sign-out
log to determine which children are in care during their work shift, changes
in caregivers, and emergency evacuations.
(d)
You must keep sign-in and sign-out logs for the previous
three months and make them available to Licensing for review upon request.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300504
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.701, 746.703, 746.705, 746.707, 746.709
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.707.Must I share a copy of the Incident/Illness Report form with the child's parent?
Yes. You must share a copy of the report with the child's parent and
obtain the parent's signature on the report indicating the parent has reviewed
it or received a copy of the report within 48 hours of when the incident occurred.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300505
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §746.801, §746.803
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.801.What records must I keep at my child-care center?
You must maintain and make the following records available for our
review upon request, during hours of operation. Paragraphs (18), (19), and
(20) are optional, but if provided, allows Licensing to avoid duplicating
the evaluation of standards, which have been evaluated by other state agencies
within the past year:
(1)
Children's records, as specified in Division 1 of this
subchapter (relating to Records of Children);
(2)
Infant feeding instructions, if applicable;
(3)
Personnel and training records, unless on file at a central
administrative location;
(4)
Licensing
Child-Care Center Director's
Certificate
;
(5)
Attendance records for employees;
(6)
Children's program activity plans for each age group;
(7)
Verification of liability insurance or notice of unavailability,
if applicable;
(8)
Proof of request for PRS background checks;
(9)
Daily menus;
(10)
Medication records;
(11)
Playground maintenance checklists;
(12)
Pet vaccination records, if applicable;
(13)
Fire safety documentation for emergency drills, fire extinguishers,
and smoke detectors;
(14)
Most recent Licensing inspection report, letter, or notice
requiring posting;
(15)
Most recent fire inspection report;
(16)
Most recent sanitation inspection report;
(17)
Most recent gas inspection report, if applicable;
(18)
Most recent Texas Department of Health immunization compliance
review form, if applicable;
(19)
Most recent Texas Department of Human Services Child and
Adult Care Food Program (CACFP) report, if applicable;
(20)
Most recent local workforce board Child-Care Services
Contractor inspection report, if applicable;
(21)
Record of pest extermination, if applicable; and
(22)
Written approval from the fire marshal to provide care
above or below ground level, if applicable.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300506
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.901, 746.903, 746.905, 746.907, 746.909
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.909.May Licensing access my personnel records?
Yes. Licensing staff must be given immediate access to all personnel
records that document compliance with minimum standards. You must allow Licensing
to photocopy these records if requested.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300507
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
1.
CHILD-CARE CENTER DIRECTOR
40 TAC §§746.1001, 746.1003, 746.1005, 746.1007, 746.1009, 746.1011, 746.1013, 746.1015, 746.1017, 746.1019, 746.1021, 746.1023, 746.1025, 746.1027, 746.1029, 746.1031, 746.1033, 746.1035, 746.1037, 746.1039, 746.1041, 746.1043, 746.1045, 746.1047, 746.1049, 746.1051, 746.1053, 746.1055, 746.1057, 746.1059, 746.1061, 746.1063
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.1003.What are the director's responsibilities while at the child-care center?
Your child-care center director must ensure:
(1)
The child-care center's daily operation is administered
in compliance with the minimum standards specified in this chapter;
(2)
All employees comply with the minimum standards;
(3)
All employees have assignments that match their skills,
abilities, and training;
(4)
All employees are supervised. Supervision includes, but
is not limited to, knowing what the employees are doing and ensuring that
they fulfill their assignments and responsibilities;
(5)
Caregivers are not regularly scheduled for more than ten
hours of direct child care during a 24-hour period; and
(6)
Qualified substitutes are called as necessary to meet minimum
standards.
§746.1011.Must my director be at my child-care center during all hours of operation?
(a)
No; however, your director must routinely be present during
hours of operation to ensure the child-care center complies with all minimum
standards.
(b)
If a director is designated to direct more than one child-care
center, the director must ensure that each child-care center complies with
the minimum standards.
§746.1013.Must someone else be designated to be in charge of my child-care center in my director's absence?
(a)
Yes. Anytime your director is away from the child-care
center during hours of operation, you or your director must designate a qualified
caregiver or director to be in charge of the child-care center. Designated
individuals must:
(1)
Know they are in charge and for how long;
(2)
Know their responsibilities while in charge;
(3)
Have access to all essential information to communicate
with parents and state and local authorities as needed; and
(4)
Have the authority to direct the child-care center in compliance
with minimum standards.
(b)
If the director must be absent for an extended period of
time for any reason, you must name someone who meets director qualifications
to serve during the director's absence and you must report the name of the
temporary director to Licensing.
(c)
You or your director must ensure that all other employees
know who is in charge in the director's absence.
§746.1019.Are any directors exempt from the qualifications?
(a)
A current director who was director of a PRS licensed group
day-care home before May 1, 1985, is exempt from the requirements specified
in §746.1017 of this title (relating to What qualifications must the
director of my child-care center licensed for 12 or fewer children meet?).
(b)
A current director who was director of a PRS licensed group
day-care home after May 1, 1985, and before September 1, 2003, has three years
from September 1, 2003, to comply with the qualifications.
(c)
A current director who was director of a PRS licensed school:
grades kindergarten and above, kindergarten and nursery school, or drop-in
care center is exempt from the requirements specified in §746.1015 of
this title (relating to What qualifications must the director of my child-care
center licensed for 13 or more children meet?).
(d)
If a current director under exemption changes jobs after
September 1, 2003, this person must meet director qualifications specified
in this subchapter before being designated a child-care center director in
a new position.
§746.1047.Will Licensing keep the original training certificates and college transcripts I submit to obtain a Licensing director's certificate?
No. After we evaluate this information and issue a director's certificate,
we will return the original documents to you along with the certificate or
if a certificate is not issued along with the letter notifying you of the
decision.
§746.1049.What happens if Licensing determines that my child-care center director does not meet minimum standard qualifications?
We will notify you that your director is in violation of minimum standards
for failure to meet child-care center director qualifications as soon as possible
but no later than ten days after a determination is made. We will give you
a deadline to submit additional paperwork or to designate another director
and submit new paperwork.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300508
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.1101, 746.1103, 746.1105, 746.1107, 746.1109, 746.1111, 746.1113, 746.1115
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.1103.Are there different personnel qualifications for employees and caregivers?
Yes. Personnel requirements for employees apply to all employees and
caregivers. Personnel requirements for caregivers apply only to those persons
counted in child/caregiver ratio. The following chart outlines the personnel
qualifications for employees and caregivers:
§746.1105.What minimum qualifications must each of my child-care center employees meet?
Each child-care center employee who is regularly or frequently present
while children are in care must:
(1)
Meet the requirements in Subchapter F of Chapter 745 of
this title (relating to Background Checks);
(2)
Have a current record of a tuberculosis examination, showing
they are free of contagious TB, if required by the regional Texas Department
of Health or local health authority;
(3)
Complete a notarized Licensing
Affidavit for Applicants for Employment
form as specified in Human
Resources Code, §42.059; and
(4)
Complete orientation to your child-care center as specified
in Division 4 of this subchapter (relating to Professional Development).
§746.1107.What additional minimum qualifications must each of my caregivers meet?
Except as otherwise provided in this division, each employee counted
in the child/caregiver ratio must comply with minimum standards for employees
and must:
(1)
Be at least 18 years of age;
(2)
Have a:
(A)
High school diploma; or
(B)
High school equivalent; and
(3)
Complete eight hours of pre-service training, as specified
in Division 4 of this subchapter (relating to Professional Development) before
being counted in the child/caregiver ratio.
§746.1113.Do the caregiver qualifications specified in this division apply to a caregiver that was employed before May 1, 1985?
A caregiver who worked in a licensed child-care center before May 1,
1985, must comply with all caregiver qualifications with the exception of
the educational requirement specified in §746.1107(2) of this title (relating
to What additional minimum qualifications must each of my caregivers meet?).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300605
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.1201, 746.1203, 746.1205
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.1201.What general responsibilities do my child-care center employees have?
All child-care center employees, including persons not counted in the
child/caregiver ratio, must:
(1)
Demonstrate competency, good judgment, and self-control
in the presence of children and when performing assigned responsibilities;
(2)
Relate to children with courtesy, respect, acceptance,
and patience;
(3)
Recognize and respect the uniqueness and potential of all
children, their families, and their cultures;
(4)
Not abuse, neglect, or exploit children; and
(5)
Report suspected abuse, neglect, and exploitation to PRS
or to law enforcement.
§746.1203.What additional responsibilities do my caregivers counted in the child/caregiver ratio have?
In addition to the responsibilities for employees specified in this
division, caregivers counted in the child/caregiver ratio must:
(1)
Know and comply with the minimum standards for child-care
centers;
(2)
Know which children they are responsible for;
(3)
Know each child's name and have information showing each
child's age;
(4)
Supervise children at all times, adjusting appropriately
for different ages and abilities of children;
(5)
Ensure the children are not out of control;
(6)
Interact routinely with children in a positive manner;
(7)
Foster developmentally appropriate independence in children
through planned but flexible program activities;
(8)
Foster a cooperative rather than a competitive atmosphere;
(9)
Show appreciation of children's efforts and accomplishments;
and
(10)
Ensure continuity of care for children by sharing with
incoming caregivers information about each child's activities during the previous
shift and any verbal or written instructions given by the parent.
§746.1205.What does Licensing mean by "supervise children at all times"?
Supervising children at all times means that the assigned caregiver
is accountable for each child's care. This includes responsibility for the
ongoing activity of each child, appropriate visual and/or auditory awareness,
physical proximity, and knowledge of activity requirements and each child's
needs. The caregiver must intervene when necessary to ensure children's safety.
In deciding how closely to supervise children, the caregiver must take into
account:
(1)
Ages of the children;
(2)
Individual differences and abilities;
(3)
Indoor and outdoor layout of the child-care center; and
(4)
Neighborhood circumstances, hazards, and risks.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300606
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.1301, 746.1303, 746.1305, 746.1307, 746.1309, 746.1311, 746.1313, 746.1315, 746.1317, 746.1319, 746.1321, 746.1323, 746.1325, 746.1327, 746.1329
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300607
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §746.1401, §746.1403
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.1403.What minimum standards must volunteers or contractors such as the dance, gymnastics, computer, or music teacher, comply with?
(a)
Volunteers and contractors, whether paid or unpaid, who
are regularly or frequently present at the child-care center but not counted
in the child/caregiver ratio, must comply with minimum standards that apply
to employees.
(b)
Volunteers and contractors, whether paid or unpaid, who
are regularly or frequently present at the child-care center and counted in
the child/caregiver ratio, must comply with minimum standards that apply to
employees and caregivers.
(c)
Volunteers and contractors that do not meet caregiver qualifications,
whether paid or unpaid, must never be left alone with children.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300608
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
1.
RATIOS AND GROUP SIZES AT THE CHILD-CARE CENTER
40 TAC §§746.1501, 746.1503, 746.1505, 746.1507
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.1507.How do I determine the child/caregiver ratio?
In determining child/caregiver ratio, the following apply:
(1)
Child/caregiver ratio is based on the specified age of
the children in the caregiver's group or the age of the youngest child in
the group, depending on the activity and the number of children at the child-care
center.
(2)
You may use the developmental or emotional age, rather
than the chronological age, of a child with special care needs, if this is
recommended by a health-care professional or other qualified professional
and is documented in the child's record.
(3)
You must consider the skills of the caregiver and the needs
of the individual children and the group when assigning a caregiver to a group
of children. For example, if a group of toddlers is experiencing biting, consider
assigning a caregiver who is trained to handle these behaviors and perhaps
additional caregivers or volunteers to assist in the supervision and redirection
of the children.
(4)
You must include all children in care, including children
related to the child-care center director and employees.
(5)
In emergency situations, you may use child-care center
employees who do not meet caregiver qualifications for a limited time while
a substitute caregiver is being secured. The time must be no longer than is
reasonably necessary to secure a qualified substitute caregiver. Emergency
situations include, but are not limited to, illness, accident, or death.
(6)
The total number of children in care at the center and
in care away from the center, such as during a field trip, must never exceed
the licensed capacity of the center.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300609
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.1601, 746.1603, 746.1605, 746.1607, 746.1609, 746.1611, 746.1613, 746.1615, 746.1617
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.1605.May I combine infants with children 18 months and older?
Yes. If you have 13 or more children in care, you may combine infants
with older children as long as the oldest child in the group is not more than
18 months older than the youngest child. For example, if the youngest child
in a group is eight months old, the oldest child in the group must not be
more than 26 months old.
§746.1611.Are there times when I may mix groups of children and exceed the maximum group size?
(a)
Yes. When 13 or more children are in care, you may mix
groups for joint activities and exceed the maximum group size for limited
times under the following conditions:
(1)
For children 18 months through four years, for a maximum
of 30 minutes;
(2)
For children five years and older, for a maximum of 1 1/2
hours;
(3)
For mealtimes, field trips, outdoor play, and naptimes,
for the length of that activity.
(b)
The child/caregiver ratio must be met for each group and
activity.
§746.1613.If 13 or more children are in care, may I reduce the number of caregivers supervising children during naptime?
(a)
Yes. If 13 or more children are in care, you may reduce
the child/caregiver ratio for children 18 months and older by 50% during naptime
under the following conditions:
(1)
Groups of children using reduced ratio must be combined
in a central sleeping location that safely accommodates naptime equipment;
(2)
Groups of children that cannot be combined in a central
location due to space limitations must not use reduced ratios;
(3)
Caregivers with groups that cannot be combined must not
be counted as additional caregivers in the building or in the naptime ratio;
(4)
If only one caregiver is required to supervise the naptime
group, at least one other employee or caregiver must be present in the building;
(5)
If more than one caregiver(s) must supervise the naptime
group, one additional employee or caregiver must be present in the building
for every two caregivers supervising the naptime group;
(6)
Caregivers supervising during naptime must be physically
present in the room or area in which children are napping and must be able
to summon the additional employee(s) without leaving the room or area; and
(7)
Other child-care center employees, such as the director
or cook, who are not supervising a group of children may be counted as additional
adults required in the building during naptime.
(b)
The following chart shows the 50% naptime ratio and the
number of additional caregivers required in the building:
§746.1617.Will I be given an opportunity to comply, if my child-care center was licensed before September 1, 2003?
(a)
If your child-care center was licensed before September
1, 2003, you have one year from September 1, 2003, to comply with classroom
ratios and group sizes as specified in this division, unless stated otherwise.
You must maintain at least the following classroom ratios during the one-year
period beginning September 1, 2003.
(1)
If your child-care center was licensed as a kindergarten
and nursery school, the following chart applies:
Figure: 40 TAC §746.1617(a)(1)
(2)
If your child-care center was licensed as a school: grades
kindergarten and above, the following chart applies:
Figure: 40 TAC §746.1617(a)(2)
(3)
If your child-care center was licensed as a drop-in child-care
center, the following chart applies:
Figure: 40 TAC §746.1617(a)(3)
(b)
A child-care center licensed before September 1, 2003,
must comply with the child/caregiver ratios in this division when your existing
permit is no longer valid.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300610
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.1701, 746.1703, 746.1705, 746.1707, 746.1709, 746.1711
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.1703.If I have 12 or fewer children in care, may I combine infants with children 18 months and older?
Yes. If you have 12 or fewer children in care, infants may be cared
for with older children without regard to age, although you must ensure the
safety of all children in the group.
§746.1711.Will I be given an opportunity to comply, if my child-care center was licensed before September 1, 2003?
(a)
If your child-care center was licensed as a group day-care
home before September 1, 2003, you have one year from September 1, 2003, to
comply with classroom ratios and group sizes for licensed child-care centers
as specified in this division, unless stated otherwise. You must maintain
at least one of the following combinations during the one-year period beginning
September 1, 2003.
(1)
The following chart applies when one person is caring for
children.
Figure: 40 TAC §746.1711(a)(1)
(2)
The following chart applies when two people are caring
for children.
Figure: 40 TAC §746.1711(a)(2)
(b)
A child-care center licensed before September 1, 2003,
must comply with the child/caregiver ratios in this division when your existing
permit is no longer valid.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300611
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.1801, 746.1803, 746.1805
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.1803.Will I be given an opportunity to comply, if my child-care center was licensed before September 1, 2003?
(a)
If your child-care center was licensed before September
1, 2003, you have one year from September 1, 2003, to comply with ratios and
group sizes for field trips as specified in §746.1801(a) of this title
(relating to Do I need additional caregivers when I take children away from
the child-care center for field trips or walks?), unless stated otherwise.
You must maintain at least the following ratios when children are on a field
trip and mixing with other children or adults during the one-year period beginning
September 1, 2003.
(1)
If your child-care center was licensed as a group day care
home, the following chart applies:
Figure: 40 TAC §746.1803(a)(1)
(2)
If your child-care center was licensed as kindergarten
and nursery school, the following chart applies:
Figure: 40 TAC §746.1803(a)(2)
(3)
If your child-care center was licensed as a school: grades
kindergarten and above, the following chart applies:
Figure: 40 TAC §746.1803(a)(3)
(4)
If your child-care center was licensed as a drop-in care
center, the following chart applies:
Figure: 40 TAC §746.1803(a)(4)
(b)
A child-care center licensed before September 1, 2003,
must comply with the child/caregiver ratios in this division when your existing
permit is no longer valid.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300612
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.1901, 746.1903, 746.1905
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.1905.May I combine infants with children 18 months and older in my get-well care program?
You may care for infants with older children only if there are 12 or
fewer children present in the get-well care program.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300613
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §746.2001
The new section is adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new section implements the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300614
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.2101, 746.2103, 746.2105, 746.2107, 746.2109, 746.2111, 746.2113, 746.2115, 746.2117
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.2103.Will I be given an opportunity to comply with the minimum standards for splashing/wading activities, if my child-care center was licensed before September 1, 2003?
(a)
If your child-care center was licensed before September
1, 2003, you have one year from September 1, 2003, to comply with child/caregiver
ratios for splashing/wading activities as specified in §746.2101 of this
title (relating to Must I have additional caregivers for splashing/wading
activities?), unless stated otherwise. You must maintain at least the following
ratios when children use a splashing/wading pool (two feet of water or less)
at or away from your child-care center during the one-year period beginning
September 1, 2003.
(1)
If your child-care center was licensed as a group day care
home, the following chart applies:
Figure: 40 TAC §746.2103(a)(1)
(2)
If your child-care center was licensed as kindergarten
and nursery school, the following chart applies:
Figure: 40 TAC §746.2103(a)(2)
(3)
If your child-care center was licensed as a school: grades
kindergarten and above, the following chart applies:
Figure: 40 TAC §746.2103(a)(3)
(4)
If your child-care center was licensed as a drop-in care
center, splashing/wading activities are not allowed unless the child/caregiver
ratio in §746.2101 of this title (relating to Must I have additional
caregivers for splashing/wading activities?) is followed.
(b)
When children are mixing with children and adults who are
not from your child-care center during splashing or wading activities, the
child/caregiver ratios for field trips as specified in §746.1803 of this
title (relating to Will I be given an opportunity to comply, if my child-care
center was licensed before September 1, 2003?) must be followed.
(c)
A child-care center licensed before September 1, 2003,
must comply with the child/caregiver ratios in this division when your existing
permit is no longer valid.
§746.2107.Will I be given an opportunity to comply with the child/caregiver ratios for swimming activities, if my child-care center was licensed before September 1, 2003?
(a)
If your child-care center was licensed before September
1, 2003, you have one year from September 1, 2003, to comply with child/caregiver
ratios for swimming activities as specified in §746.2105 of this title
(relating to What are the child/caregiver ratios for swimming activities?),
unless stated otherwise. You must maintain at least the following ratios when
children use a swimming pool (more than two feet of water) at or away from
the child-care center during the one-year period beginning September 1, 2003.
(1)
When four or more children are swimming, two adults must
be present.
(2)
If your child-care center was licensed as a group day care
home, the following chart applies:
Figure: 40 TAC §746.2107(a)(2)
(3)
If your child-care center was licensed as a kindergarten
and nursery school, the following chart applies:
Figure: 40 TAC §746.2107(a)(3)
(4)
If your child-care center was licensed as a school: grades
kindergarten and above, the following chart applies:
Figure: 40 TAC §746.2107(a)(4)
(5)
If your child-care center was licensed as a drop-in care
center, swimming activities are not allowed unless the child/caregiver ratio
in §746.2105 of this title (relating to What are the child/caregiver
ratios for swimming activities?) is followed.
(b)
When children are mixing with children and adults who are
not from your child-care center during swimming activities, the child/caregiver
ratios for field trips as specified in §746.1803 of this title (relating
to Will I be given an opportunity to comply, if my child-care center was licensed
before September 1, 2003?) must be followed.
(c)
A child-care center licensed before September 1, 2003,
must comply with the child/caregiver ratios in this division when your existing
permit is no longer valid.
§746.2115.May I include volunteers or child-care employees who do not meet minimum qualifications for caregivers in the child/caregiver ratio for water activities?
Yes. To meet the child/caregiver ratio for splashing/wading and swimming
activities, you may include adult volunteers and adult child-care center employees
who do not meet the minimum qualifications for caregivers specified in Subchapter
D of this chapter (relating to Personnel), provided that:
(1)
You maintain at least the classroom child/caregiver ratios
required in this subchapter with caregivers who do meet the minimum qualifications
for caregivers;
(2)
All persons included in the ratios for water activities
must be able to swim and must be prepared to do so in an emergency; and
(3)
You ensure compliance with all other minimum standards,
including, but not limited to, standards relating to supervision, discipline
and guidance.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300615
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.2201, 746.2203, 746.2205, 746.2207, 746.2209, 746.2211
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.2201.Must caregivers provide planned activities for the children in their care?
Yes. Caregivers must provide planned activities designed to meet the
individual needs and developmental level of each child.
§746.2203.Must caregivers have written activity plans?
(a)
Yes. Your director or each caregiver must develop a written
activity plan. The plan must outline the daily routines and specific activities
for each age group and the plan must be followed by the caregiver(s) responsible
for that group.
(b)
The activity plan must be inclusive for all children in
the group regardless of disabling or limiting conditions. For more information
on caring for children with special care needs, see §746.2301 of this
title (relating to Are there basic care requirements for children with special
care needs?).
§746.2205.What should the activity plan include?
The written activity plan must include at least the following:
(1)
The group the activity plan is designed for and dates (daily,
weekly, or monthly) the plan covers;
(2)
A variety of activities daily;
(3)
Indoor and outdoor play in which the children make use
of both small and large muscles;
(4)
A balance of active and quiet play including group and
individual activities both indoors and outdoors;
(5)
Regular meal and snack times;
(6)
Supervised naptimes;
(7)
Both child-initiated and caregiver-initiated activities;
(8)
Sufficient time for activities and routines so that children
can progress at their own developmental rate; and
(9)
No long waiting periods between activities or prolonged
periods during which children stand or sit.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300616
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §746.2301
The new section is adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new section implements the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300617
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.2401, 746.2403, 746.2405, 746.2407, 746.2409, 746.2411, 746.2413, 746.2415, 746.2417, 746.2419, 746.2421, 746.2423, 746.2425, 746.2427, 746.2429, 746.2431
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.2403.How must I arrange the infant care area?
The room arrangement of the infant care area must:
(1)
Make it possible for caregivers to see and/or hear all
children at a glance and be able to intervene when necessary;
(2)
Include safe, open floor space for floor time play;
(3)
Separate infants from children more than 18 months older
than the youngest child in the group, except when 12 or fewer children are
in care;
(4)
Have cribs far enough apart so that one infant may not
reach into another crib;
(5)
Provide caregivers with enough space to walk and work between
cribs, cots, and mats; and
(6)
Ensure older children do not use the infant area as a passageway
to other areas of the building.
§746.2405.What furnishings and equipment must I have in the infant care area?
Furnishings and equipment for infants must include at least the following:
(1)
An adult-sized rocker or chair;
(2)
An individual crib for each non-walking infant;
(3)
An individual crib, cot, bed, or mat that is waterproof
or washable for each walking infant;
(4)
A hand-washing sink in the diaper-changing area, as specified
in §746.4403 of this title (relating to Must I have a hand-washing sink
in the diaper-changing area?); and
(5)
A sufficient number of toys to keep children engaged in
activities.
§746.2421.Must I obtain written feeding instructions for children not ready for table food?
(a)
Yes. For children not yet ready for table food, you must
obtain and follow written feeding instructions that are signed and dated by
the child's parent or physician.
(b)
You must review and update the feeding instructions with
the parent every 30 days until the child is able to eat table food.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300618
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.2501, 746.2503, 746.2505, 746.2507, 746.2509
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.2503.How must I arrange the toddler care area?
The toddler care area must include:
(1)
Spaces in the room that allow both individual and group
time; and
(2)
A play environment that allows the caregiver to supervise
all children as defined in §746.1205 of this title (relating to What
does Licensing mean by "supervise children at all times"?).
§746.2505.What furnishings and equipment must I provide for toddlers?
Furnishings and equipment for toddlers must include at least the following:
(1)
Age-appropriate seating, tables, and nap or rest equipment;
(2)
Enough popular items available so that toddlers are not
forced to compete for them; and
(3)
Containers or low shelving so items children can safely
use without direct supervision are accessible to children.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300619
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.2601, 746.2603, 746.2605, 746.2607
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.2605.What furnishings and equipment must I provide for pre-kindergarten age children?
Furnishings and equipment for pre-kindergarten age children must include
at least the following:
(1)
Interest centers, such as dramatic play, block building,
stories and books, science and nature activities, art and music activities,
sensory, and problem-solving activities that are:
(A)
Clearly defined;
(B)
Organized for independent use by children; and
(C)
Arranged so the children's activities are visible to the
caregiver;
(2)
Age-appropriate seating, tables, and nap or rest equipment;
(3)
Enough popular items available so that children are not
forced to compete for them; and
(4)
Containers or low shelving available so items children
can safely use without direct supervision are accessible to children.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300620
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.2701, 746.2703, 246.2705, 746.2707
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.2703.What physical space requirements must I provide for the school-age care area?
The school-age care area must include:
(1)
Space to set up interest centers or focused play areas
during the activity, such as arts and crafts; music and movement; blocks and
construction; drama and theater; math and reasoning activities; science and
nature; language and reading activities, such as books, story tapes and language
games, stories read or told on a weekly basis, and cultural awareness, which
are:
(A)
Organized for independent use by children; and
(B)
Arranged so the caregiver can supervise the children according
to §746.1205 of this title (relating to What does Licensing mean by "supervise
children at all times"?);
(2)
Space where children can have individual activities yet
be supervised; and
(3)
Space for quiet time to do homework.
§746.2705.What furnishings and equipment must I provide for school-age children?
Furnishings and equipment for school-age children must include at least
the following:
(1)
Age-appropriate seating, tables, or desks to meet children's
needs, such as workspace to do homework and table-top activities;
(2)
Age-appropriate nap or rest equipment; and
(3)
Containers or shelving available so that items children
can safely use without direct supervision are accessible to children.
§746.2707.What activities must I provide for school-age children?
Activities for school-age children must include at least the following:
(1)
Study time for those children who choose to work on homework
assignments;
(2)
Daily opportunities for outdoor play when weather permits;
(3)
Opportunities for thinking skills and sensory development.
Examples of age-appropriate equipment or activities include sand and water
play; construction materials/blocks; puzzles with 50 or more pieces; pattern-making
materials, such as wood, paper, plastic, beads, ceramic tiles, cloth, or cardboard;
games that contain rules and require some skill or strategy; specific skill
development materials, such as rulers, tape measures, telescopes, weather
observation equipment, models of the solar system, and microscopes; books;
and magazines;
(4)
Opportunities for small-muscle development. Examples of
age-appropriate equipment or activities include art and craft materials, such
as paints, markers, colored pencils, crayons, clay, weaving, or braiding materials;
music and musical instruments of all types; and tape/CD recorders and players;
(5)
Opportunities for large-muscle development. Examples of
age-appropriate equipment or activities include balls and sports equipment,
such as kick balls, baseballs, soccer balls, basketballs, skates, and horseshoes;
riding equipment, such as kick scooters or skateboards, with kneepads, elbow
pads, and helmets; outdoor and gym equipment such as slides, swings, climbing
apparatus, and upper-body equipment;
(6)
Opportunities for social/emotional development. Examples
of age-appropriate equipment or activities include dolls with detailed, realistic
accessories; role-play materials, including real equipment for library, hospital,
post office, costumes, makeup and disguise materials; puppets and puppet show
equipment; transportation toys, such as small vehicles or models; play and
art materials; nature materials; and human and animal figurines;
(7)
Regular meal and snack times; and
(8)
Naptimes, or a period of rest for those children too old
to nap, during which children should be supervised according to §746.1205
of this title (relating to "What does Licensing mean by "supervise children
at all times"?).
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300621
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.2801, 746.2803, 746.2805, 746.2807, 746.2809, 746.2811, 746.2813
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.2805.What types of discipline and guidance or punishment are prohibited?
There must be no harsh, cruel, or unusual treatment of any child. The
following types of discipline and guidance are prohibited:
(1)
Corporal punishment or threats of corporal punishment;
(2)
Punishment associated with food, naps, or toilet training;
(3)
Pinching, shaking, or biting a child;
(4)
Hitting a child with a hand or instrument;
(5)
Putting anything in or on a child's mouth;
(6)
Humiliating, ridiculing, rejecting, or yelling at a child;
(7)
Subjecting a child to harsh, abusive, or profane language;
(8)
Placing a child in a locked or dark room, bathroom, or
closet with the door closed; and
(9)
Requiring a child to remain silent or inactive for inappropriately
long periods of time for the child's age.
§746.2809.Must I have a written discipline and guidance policy?
No. You are not required to have a written discipline and guidance
policy if you provide parents and employees with a copy of this subchapter.
If you have a written policy, it must comply with the rules in this subchapter.
§746.2811.Must I give a copy of my written discipline and guidance policy to parents and my employees?
(a)
You must give a copy of your written discipline and guidance
policy or a copy of this subchapter to parents and child-care center employees
as specified in Subchapter B of this chapter (relating to Administration and
Communication).
(b)
You must keep documentation showing that all parents and
employees have received a copy of your written discipline and guidance policy
or a copy of this subchapter. You may do this as a part of your operation
policies or in a separate document.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300622
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.2901, 746.2903, 746.2905, 746.2907, 746.2909, 746.2911
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.2901.Must children have a naptime every day?
You must provide a supervised sleep or rest period after the noon meal
for all children 18 months of age or older who are in care five or more consecutive
hours, or according to the child's individual physical needs. You may provide
sleep or rest for each child who attends the child-care center for fewer than
five hours and whose individual physical needs call for a rest period while
the child is in care.
§746.2907.Must I provide an alternative activity for those children who cannot sleep?
(a)
Yes. You must allow each child who is awake after resting
or sleeping for one hour to participate in an alternative, quiet activity
until the nap/rest time is over for the other children.
(b)
You must take a toddler who sleeps or rests in a crib out
of the crib for other activities when he awakens.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300623
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.3001, 746.3003. 746.3005
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300624
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.3101, 746.3103, 746.3105, 746.3107, 746.3109, 746.3111, 746.3113, 746.3115, 746.3117, 746.3119, 746.3121, 746.3123
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300569
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.3201, 746.3203, 746.3205, 746.3207, 746.3209
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.3201.What is nighttime care?
(a)
Nighttime care is care given on a regular or frequent basis
to children who are starting or continuing their night sleep, or to children
who spend the night or part of the night at the child-care center between
the hours of 9:00 p.m. and 6:00 a.m.
(b)
Nighttime care does not include the occasional sleep-over
program offered at infrequent intervals. Notify us before offering either
program.
§746.3207.What are the building, furnishings, physical space, and equipment requirements for nighttime care?
In addition to all other building, furnishing, physical space, and
equipment requirements specified in this chapter:
(1)
All exits must be visible. This may be provided by lighted
exit signs or by lighted exits (such as a hall light or lamp, which lights
the exit path and door);
(2)
You cannot count a window as one of the child-care center's
required fire exits;
(3)
Each child 18 months and older must be provided a cot,
bed, or mattress that is waterproof or washable and developmentally appropriate;
(4)
Children under the age of 18 months must be provided with
a crib for nighttime sleeping; and
(5)
Boys and girls six years old or older must have separate
sleeping and dressing areas.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300570
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.3301, 746.3303, 746.3305, 746.3307, 746.3309, 746.3311, 746.3313, 746.3315, 746.3317, 746.3319, 746.3321
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.3301.What are the basic requirements for snack and mealtimes?
(a)
You must serve all children ready for table food regular
meals and morning and afternoon snacks as specified in this subchapter.
(1)
If breakfast is served, a morning snack is not required.
(2)
A child must not go more than three hours without a meal
or snack being offered, unless the child is sleeping.
(3)
If your child-care home is participating in the Child and
Adult Care Food Program (CACFP) administered by the Texas Department of Human
Services, you may elect to meet those requirements rather than those specified
in this subsection.
(b)
You must ensure a supply of drinking water is always available
to each child and is served in a safe and sanitary manner.
(c)
You must not use food as a reward or punishment.
§746.3303.How often must I feed children in my care?
(a)
You must offer each child in care for less than four hours
at least one snack as specified in §746.3307 of this title (relating
to What kind of foods must I serve for snacks?).
(b)
You must offer each child in care for four to seven hours
one meal, or one meal and one snack, equal to 1/3 of their daily food needs.
(c)
You must offer each child in care for more than seven hours
two meals and one snack, or two snacks and one meal, equal to 1/2 of their
daily food needs.
(d)
You must offer an evening meal and/or bedtime snack and
breakfast to each child who receives nighttime care. The amount you offer
will vary with the time the child arrives and leaves.
(e)
If your child-care center is participating in the Child
and Adult Care Food Program administered by the Texas Department of Human
Services, you may elect to meet those requirements rather than those specified
in this section.
§746.3305.How do I know what a child's daily food needs are?
(a)
The daily food needs for children 12 months through 23
months are included in the following chart:
(b)
The daily food needs for children two years through five
years are included in the following chart:
(c)
The daily food needs for children six years and older are
included in the following chart:
(d)
You must serve enough food to allow children second servings
from the vegetable, fruit, grain, and milk groups.
(e)
If your child-care center is participating in the Child
and Adult Care Food Program (CACFP) administered by the Texas Department of
Human Services (DHS), you may elect to meet those requirements rather than
those specified in this section.
§746.3309.May parents provide meals and/or snacks for their children instead of my child-care center providing these?
(a)
Yes; however, your enrollment agreement signed by the parent
must include a statement that the parent is choosing to provide the child's
meals and/or snacks from home and the parent understands the child-care center
is not responsible for its nutritional value or for meeting the child's daily
food needs.
(b)
If the parent provides a meal but not a snack, you are
responsible for providing a snack as specified in §746.3307 of this title
(relating to What kind of foods must I serve for snacks?).
(c)
You must provide safe and proper storage and service of
the individual meals and snacks provided by parents.
(d)
You must ensure meals and snacks provided by the parent
are not shared with other children.
§746.3317.What general requirements apply to food service and preparation?
All food and drinks must be of safe quality and must be stored, prepared,
distributed, and served under sanitary and safe conditions, including but
not limited to the following:
(1)
You must sanitize food service equipment, dishes, and utensils
after each use;
(2)
If your child-care center lacks adequate facilities for
sanitizing dishes and utensils, you must use only disposable, single-use items;
(3)
You must wash re-useable napkins, bibs, and tablecloths
after each use;
(4)
You must discard single-service napkins, bibs, dishes,
and utensils after use;
(5)
Caregivers with open wounds and/or any injury that inhibits
hand washing, such as casts, bandages, or braces, must not prepare food;
(6)
You must serve children's food on plates, napkins, or other
sanitary holders such as a high chair tray, and you must not place food on
a bare table or eating surface, which includes the floor;
(7)
You must not serve foods that present a risk of choking
for infants and toddlers;
(8)
You must cover all food stored in the refrigerator;
(9)
When meals are prepared at the child-care center, the food
preparation area must be separated from the eating, play, and bathroom areas.
You must not use the food preparation area as a passageway while food is being
prepared; and
(10)
You must not store poisonous or toxic materials and cleaning
supplies with food.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300571
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
1.
ENVIRONMENTAL
40 TAC §§746.3401, 746.3403, 746.3405, 746.3407, 746.3409, 746.3411, 746.3413, 746.3415, 746.3417, 746.3419, 746.3421, 746.3423, 746.3425, 746.3427, 746.3429, 746.3431, 746.3433
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.3401.Must my child-care center have an annual sanitation inspection?
(a)
Your child-care center must have a sanitation inspection
at least once every 12 months, unless your child-care center is in a public
school building that a local or state sanitation official has approved for
public school use.
(b)
A state or local sanitation official must conduct the inspection.
If an inspection is not available, you must provide documentation of this
from a state or local sanitation official or county judge.
§746.3405.Do I have to make corrections called for in the report?
You must comply with corrections, restrictions, or conditions specified
by the inspector in the sanitation report, letter, or checklist.
§746.3413.May I use a dishwasher or washing machine to sanitize items at my child-care center?
Items that may be washed in a dishwasher or hot cycle of a washing
machine which runs at a temperature of 160 degrees Fahrenheit or higher for
five or more minutes do not need additional disinfecting because these machines
use water that is hot enough, for long enough, to kill most germs.
§746.3419.How must children and employees wash their hands?
Children 18 months of age and older and employees must wash their hands
with soap and running water. Pre-moistened towelettes or wipes and waterless
hand cleaners are not a substitute for soap and running water.
§746.3421.How must I wash an infant's hands?
(a)
Until the infant is old enough to be raised to the faucet
and reach for the water, you must wash the infant's hands using an individual
cloth or disposable towel with soap, followed by a cloth or disposable towel
used to rinse with clear water and dry.
(b)
Use soap and running water as specified in this division
when infants are old enough to be raised to the faucet and reach for the water
and any other time that the caregiver has reason to believe the child has
come in contact with substances that could be harmful to the child.
§746.3427.Must I use a licensed exterminator to treat my child-care center for insects, rodents, and other pests?
You may treat your center for pests only if you are certified as a
noncommercial applicator by the Structural Pest Control Board. Otherwise,
you must use a pest control operator licensed by the Texas Structural Pest
Control Board to prevent, control, or eliminate pest infestations at your
child-care center, including the use of over-the-counter products designed
for controlling insects, rodents, and other pests. Refer to the Structural
Pest Control Act and related regulation for further information on pest control
before treating your child-care center.
§746.3429.Are there general precautions I must take when my child-care center is being treated for insects, rodents, and other pests?
(a)
Children must not be allowed in areas where there is pesticide
residue that may be harmful to them. Follow written instructions from the
licensed pest control operator or label directions in order to determine whether
the residue may be harmful to children.
(b)
Areas where children are present may be treated with chemicals
only when permissible under the label directions.
§746.3431.May I use water from a private water supply instead of a public water supply for my child-care center?
Yes, you may use water from a private water supply, although you must:
(1)
Maintain the water supply in a safe and sanitary manner.
(2)
Maintain written records indicating the private water supply
meets the requirements of the Texas Commission on Environmental Quality, if
applicable.
§746.3433.May I use a septic system for sewage disposal?
Yes, if the septic system is sanitary and meets the standards of the
Texas Commission on Environmental Quality, including any routine inspections
required by law.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300572
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.3501, 746.3503, 746.3505
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.3501.What steps must caregivers follow for diaper changing?
Caregivers must:
(1)
Promptly change soiled or wet diapers or clothing;
(2)
Thoroughly cleanse children with individual cloths or disposable
towels. You must discard the disposable towels after use and launder any cloths
before using them again;
(3)
Ensure that the children are dry before placing a new diaper
on the child. If the child must be dried, you must use a clean, individual
cloth or disposable towel to dry the child. You must discard the disposable
towel after use and launder any cloth before using it again;
(4)
Not apply powders, creams, ointments, or lotions without
the parent's written permission. If the parent supplies these items, permission
is implicit and you do not need to obtain permission for each use;
(5)
Label powders, creams, ointments, or lotions with the individual
child's name; and
(6)
Keep all diaper-changing supplies out of children's reach.
§746.3503.What equipment must I have for diaper changing?
(a)
You must have a diaper-changing table or surface that is
smooth, non-absorbent, and easy to clean.
(b)
You must not use areas that children come in close contact
with during play or eating, such as dining tables, sofas, or floor play areas,
for diaper changing.
(c)
You must sanitize the diaper-changing surface after each
use. Refer to §746.3409 of this title (relating to What does Licensing
mean when it refers to "sanitizing"?). You may also use a clean, disposable
covering on the diaper-changing surface that must be changed after each use.
(d)
A diaper-changing surface that is above the floor level
must have a safety mechanism that prevents the child from falling from the
surface and that is used at all times when a child is on the surface.
(e)
You must have a hand-washing sink in the diaper-changing
area. Refer to §746.4403 of this title (relating to Must I have a hand-washing
sink in the diaper-changing area?).
§746.3505.What must I do to prevent the spread of germs when diapering children?
(a)
You must wash your hands. Refer to §746.3419 of this
title (relating to How must children and employees wash their hands?).
(b)
You must wash the infant's hands or see that the child's
hands are washed after each diaper change.
(c)
If you use disposable gloves, you must discard them after
each diaper change and wash your hands with soap and running water.
(d)
Caregivers with open wounds and/or any injury that inhibits
hand washing, such as casts, bandages, or braces, must not change diapers.
(e)
You must cover containers used for soiled diapers or keep
them in a sanitary manner, such as placing soiled diapers in individual sealed
bags.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300573
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.3601, 746.3603, 746.3605, 746.3607
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.3601.What type of illness would prohibit a child from being admitted for care?
Unless you are licensed to provide get-well care, you must not admit
an ill child for care if one or more of the following exists:
(1)
The illness prevents the child from participating comfortably
in child-care center activities including outdoor play;
(2)
The illness results in a greater need for care than caregivers
can provide without compromising the health, safety, and supervision of the
other children in care;
(3)
The child has one of the following, unless medical evaluation
by a health-care professional indicates that you can include the child in
the child-care center's activities:
(A)
Oral temperature of 100.4 degrees or greater, accompanied
by behavior changes or other signs or symptoms of illness;
(B)
Rectal temperature of 101.4 degrees or greater, accompanied
by behavior changes or other signs or symptoms of illness;
(C)
Armpit temperature of 99.4 degrees or greater, accompanied
by behavior changes or other signs or symptoms of illness; or
(D)
Symptoms and signs of possible severe illness such as lethargy,
abnormal breathing, uncontrolled diarrhea, two or more vomiting episodes in
24 hours, rash with fever, mouth sores with drooling, behavior changes, or
other signs that the child may be severely ill; or
(4)
A health-care professional has diagnosed the child with
a communicable disease, and the child does not have medical documentation
to indicate that the child is no longer contagious.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300574
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
1.
SAFETY PRECAUTIONS
40 TAC §§746.3701, 746.3703, 746.3705, 746.3707, 746.3709
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.3701.What safety precautions must I take to protect children in my child-care center?
All areas accessible to a child must be free from hazards including,
but not limited to, the following:
(1)
Electrical outlets accessible to a child younger than five
years must have childproof covers or safety outlets;
(2)
220-volt electrical connections within a child's reach
must be covered with a screen or guard;
(3)
Air conditioners, electric fans, and heaters must be mounted
out of all children's reach or have safeguards that keep any child from being
injured;
(4)
Glass in sliding doors must be clearly marked with decals
or other materials placed at children's eye level;
(5)
Play materials and equipment must be safe and free from
sharp or rough edges and toxic paints;
(6)
Poisonous or potentially harmful plants must be inaccessible
to all children;
(7)
All storage chests, boxes, trunks, or similar items with
hinged lids must be equipped with a lid support designed to hold the lid open
in any position, be equipped with ventilation holes, and must not have a latch
that might close and trap a child inside; and
(8)
All bodies of water such as pools, hot tubs, ponds, creeks,
birdbaths, fountains, buckets, and rain barrels must be inaccessible to all
children.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300575
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.3801, 746.3803, 746.3805, 746.3807, 746.3809, 746.3811
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300576
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.3901, 746.3903, 746.3905
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.3901.What steps must I take to have animals at my child-care center?
If you choose to have animals on the premises, you must:
(1)
Notify parents in writing when animals are or will be present;
(2)
Ensure the animals do not create unsafe or unsanitary conditions;
(3)
Ensure that children do not handle any animal that shows
signs of illness, such as lethargy or diarrhea; and
(4)
Ensure that caregivers and children practice good hygiene
and hand washing after handling or coming in to contact with an animal and
items used by an animal, such as water bowls, food bowls, and cages.
§746.3903.Must I keep documentation of vaccinations on file for the animals?
(a)
Yes. You must have documentation at your child-care center
showing dogs, cats, and ferrets have been vaccinated as required by Texas
Health and Safety Code, Chapter 826.
(b)
You must have a statement of health from a local veterinarian
at your child-care center for dogs, cats, ferrets, and other animals other
than small rodents, such as guinea pigs, mice, and hamsters.
§746.3905.Must I prevent children from having contact with certain animals while at my child-care center?
(a)
Yes. Children must not have contact with chickens, ducks,
and reptiles, such as snakes, turtles, lizards, iguanas, and amphibians, such
as frogs and toads.
(b)
You must keep the child-care center and playground free
of animals unfamiliar to you.
(c)
You must not allow children to play with animals unfamiliar
to you or other animals that could be dangerous, including exotic animals
such as lions, monkeys, and tigers.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300577
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.4001, 746.4003, 746.4005
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.4001.Must I have a first-aid kit at my child-care center?
Yes. You must have a complete first-aid kit available in each building
at the child-care center, during all field trips, and while transporting children.
Each first-aid kit must be:
(1)
Clearly labeled;
(2)
Kept in a clean and sanitary condition;
(3)
Easily accessible to all employees;
(4)
Stored in a designated location known to all employees;
and
(5)
Kept out of the reach of children.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300578
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §746.4101, §746.4103
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300538
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
1.
INDOOR SPACE REQUIREMENTS
40 TAC §§746.4201, 746.4203, 746.4205, 746.4207, 746.4213, 746.4215, 746.4217
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.4203.Am I required to care for children younger than 18 months separately from older children?
Yes. You must care for children younger than 18 months in rooms and
outdoor activity space areas separate from older children unless there are
12 or fewer children in the child-care center, or the child-care center is
exempt based on criteria specified in this division.
§746.4205.Must I limit the number of children in each room based on the indoor activity space measurements for that room?
(a)
Yes. For children less than 18 months old, the number of
infants must not exceed the activity space.
(b)
For children 18 months and older, more children than the
room measurement will accommodate must not routinely occupy rooms, unless
the age of the children, the equipment and furnishings, and the activity being
conducted in the room make it possible.
§746.4207.Do these indoor activity space requirements apply to my child-care center if it was licensed before September 1, 2003?
(a)
Indoor activity space requirements for child-care centers
licensed before September 1, 2003, vary based on the following:
(1)
Child-care centers licensed as a day-care center before
August 31, 1997, must have at least 30 square feet of indoor activity space,
for each child you are licensed to serve. Children under 18 months of age
must be cared for in rooms and outdoor activity space areas separate from
older children unless there are 12 or fewer children in the child-care center.
(2)
Child-care centers licensed as a day-care center between
August 31, 1997, and September 1, 2003, must have at least 30 square feet
of indoor activity space. Each child under 18 months of age must have 30 square
feet of indoor activity space in the area in which you provide care. You must
care for children under 18 months of age in rooms and outdoor activity space
areas separate from older children unless there are 12 or fewer children in
the child-care center.
(3)
Child-care centers licensed as kindergarten and nursery
schools, or schools: grades kindergarten and above, before September 1, 2003,
must have at least 20 square feet of indoor activity space for each child
you are licensed to serve.
(4)
Child-care centers licensed as a drop-in child-care center
or group day-care home before September 1, 2003, must have at least 30 square
feet of indoor activity space for each child you are licensed to serve.
(b)
The exemptions specified in subsection (a) of this section
remain in effect until a permit issued prior to September 1, 2003, is no longer
valid.
§746.4213.How does Licensing determine the indoor activity space?
(a)
We determine indoor activity space by:
(1)
Measuring all indoor activity space wall to wall on the
inside at floor level;
(2)
Rounding all measurements to the nearest inch; and
(3)
Excluding single-use areas. See §746.105(42) of this
title (relating to What do certain words and terms mean when used in this
chapter?) for more information on single-use areas; and
(4)
Excluding floor space occupied by permanent and stationary
fixtures, such as bookcases, shelving, and storage/counter space, that is
not intended for use by the children.
(b)
We use the sum of the measurements to calculate the indoor
activity space and to determine the maximum number of children you may care
for.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300539
C. Ed Davis
Deputy Director/Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.4301, 746.4305, 746.4307, 746.4309, 746.4311, 746.4313, 746.4315
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.4301.How many square feet of outdoor activity space must I have?
(a)
You must have 80 square feet of outdoor activity space
for each child using the outdoor activity area at one time, unless you are
licensed to provide only:
(1)
An alternate care program; or
(2)
A get-well care program.
(b)
You must have enough square footage in the outdoor activity
space to equal at least 25% of your licensed indoor capacity.
(c)
If you were licensed before September 1, 2003, you do not
have to comply with the outdoor activity space requirements specified in subsection
(b) of this section unless the permit issued prior to September 1, 2003, is
no longer valid.
§746.4309.May I keep the gates leading into my outdoor activity space locked while children are in care?
Yes, however the locking mechanism must be accessible to all employees
at all times. Employees must be able to open the gates immediately in an emergency
and satisfactorily demonstrate this ability to Licensing staff upon request.
§746.4311.Must the outdoor activity space be connected to the child-care center?
No; however, all outdoor activity areas used by children must be accessible
by a safe route. We must approve a plan to use an outdoor activity space that
is not connected to the child-care center, such as a near-by park, schoolyard,
rooftop, or other alternative. We will consider the following criteria before
approving the plan:
(1)
Traffic patterns of vehicles and people in the area;
(2)
Ages of children in the groups;
(3)
Availability of appropriate equipment;
(4)
Usage of the location by other persons when the children
would be most likely to use it;
(5)
Neighborhood circumstances, hazards, and risks;
(6)
Accessibility to children and caregivers on foot or the
availability of push-carts or other means of transporting infants and toddlers;
(7)
Reasonable accessibility of restroom facilities; and
(8)
Ability to obtain assistance if needed when injury or illness
occurs.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300540
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.4401, 746.4403, 746.4405, 746.4407, 746.4409, 746.4411, 746.4417, 746.4419, 746.4421
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.4401.How many hand-washing sinks must I have in my child-care center for children's use?
(a)
If you are licensed to serve 13 or more children, unless
otherwise specified in this division, you must have one sink for every 17
children who are 18 months of age and older.
(b)
If you are licensed to serve 12 or fewer children, unless
otherwise specified in this division, you must have at least one sink available
for the children's use.
(c)
If you were licensed as a kindergarten and nursery school,
or school: grades kindergarten and above, before September 1, 2003, you must
have one sink for every 20 children.
(d)
If you were licensed as a drop-in child-care center before
September 1, 2003, you must have at least one sink for every 25 children.
(e)
A kindergarten and nursery school; school: grades kindergarten
and above; and drop-in child-care center must comply with the requirements
specified in subsection (a) or (b) of this section if the permit issued prior
to September 1, 2003, is no longer valid.
§746.4403.Must I have a hand-washing sink in the diaper-changing area?
(a)
You must have one hand-washing sink in each diaper-changing
area, placed so that the caregiver using it can maintain supervision of the
children in the group as specified in §746.1205 of this title (relating
to What does Licensing mean by "supervise children at all times"?).
(b)
If your child-care center was licensed as a day care center,
group day care home or drop-in child-care center before September 1, 2003,
and you are unable to comply with subsection (a) of this section, you must
submit to us and follow a plan for each diaper-changing area that ensures
children are supervised at all times and caregivers and children are washing
hands as specified in this chapter.
(c)
A child-care center licensed before September 1, 2003,
must comply with the requirements specified in subsection (a) of this section
if the permit issued prior to September 1, 2003, is no longer valid.
§746.4405.Where must I locate the hand-washing sinks for children's use?
Hand-washing sinks must be inside the child-care center. Children 18
months of age and older must be able to safely and independently access the
sink. Hand-washing sinks must be equipped with soap, running water, and single-use
disposable towels or hot-air hand dryers. Refer to Subchapter R of this chapter
(relating to Health Practices) for further information on hand washing.
§746.4407.How many toilets am I required to have in my child-care center?
(a)
If you are licensed to serve 13 or more children, you must
have one flush toilet for every 17 children who are 18 months of age and older.
(b)
If you are licensed to serve 12 or fewer children, you
must have at least one flush toilet available for the children's use.
(c)
If you were licensed as a kindergarten and nursery school,
or school: grades kindergarten and above, before September 1, 2003, you must
have one toilet for every 20 children.
(d)
If you were licensed as a drop-in child-care center before
September 1, 2003, you must have at least one toilet for every 25 children.
(e)
A child-care center licensed before September 1, 2003,
must comply with the requirements specified in subsection (a) or (b) of this
section if the permit issued prior to September 1, 2003, is no longer valid.
§746.4409.Where must the toilets be located?
Toilets must be inside the child-care center. Children 18 months of
age and older must be able to safely and independently access the toilet.
Toilets must be equipped for independent use by children and allow supervision
by caregivers, as needed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300541
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.4501, 746.4503, 746.4505, 746.4507, 746.4509, 746.4511
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.4503.Must I provide a cot or mat for each child to sleep or rest on?
(a)
Yes. You must provide the following:
(1)
An individual crib meeting requirements specified in Subchapter
H of this chapter (relating to Basic Care Requirements for Infants) for each
non-walking child younger than 18 months to sleep or rest in;
(2)
An individual cot, bed, or mat that is waterproof or washable
for each walking child through four years to sleep or rest on; and
(3)
Individual arrangements for sleep or rest for children
five years and older who are in care for more than five hours per day, or
whose individual care needs require a nap or rest time.
(b)
Cots, beds, or mats must be labeled with the child's name.
Labeling cots, beds, or mats with a number related to a number assignment
map may be used as an alternative.
(c)
Floor mats used for napping must be marked or colored so
that the sleeping side can be distinguished from the floor side.
§746.4509.May I have indoor equipment such as slides or lofts?
Yes. You may have indoor climbing equipment although you must comply
with the following safety standards:
(1)
Floor surfaces under indoor-climbing equipment and platforms
over 20 inches in height must have a unitary shock-absorbing surface that
will effectively cushion the fall of a child. The surface must be installed
in the use zone and maintained according to the manufacturer's directions.
See §746.4801 of this title (relating to What does Licensing mean by
the term "use zone"?). Carpeting alone, even if it is installed over thick
padding, is not an acceptable resilient surface under indoor climbing equipment.
(2)
Stairs and steps on indoor climbing equipment, regardless
of height, must have handrails the children can reach. Rung ladders do not
require handrails.
(3)
Platforms over 20 inches in height must be equipped with
protective barriers that prevent children from crawling over or falling through
the barrier, or becoming entrapped.
§746.4511.If my child-care center was licensed before September 1, 2003, will I be given an opportunity to comply?
If your child-care center was licensed before September 1, 2003, you
have five years from September 1, 2003, to comply with the requirements specified
in §746.4509(1) of this title (relating to May I have indoor equipment
such as slides or lofts?).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300542
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
1.
MINIMUM SAFETY REQUIREMENTS
40 TAC §§746.4601, 746.4603, 746.4605, 746.4607, 746.4609
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.4603.Are there some types of equipment that children must not use?
Yes. Children must not use the following types of equipment at or away
from the child-care center:
(1)
Animal figure swings made of metal or that have metal components;
(2)
Equipment that allows children to fall inside the structure
and onto other parts of the structure, such as certain styles of monkey bars
or jungle gyms;
(3)
Trampolines, except those less than four feet in diameter
that are no higher than 12 inches above a properly installed and maintained
resilient surface;
(4)
Bounce houses used by more than one child at a time; or
(5)
Swinging exercise rings and trapeze bars, rope swings,
and multiple occupancy swings, such as teeter-totters, gliders, or chair swings
(other than tire swings).
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300558
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.4701, 746.4703, 746.4705
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300559
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.4801, 746.4803, 746.4805, 746.4807, 746.4809, 746.4811, 746.4813, 746.4815
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.4815.Do the use zone requirements apply to my child-care center if it was licensed before September 1, 2003?
(a)
If you were licensed before September 1, 2003, you must
at least maintain the following use zones, unless you meet one of the conditions
specified in subsection (b) of this section:
(1)
Four feet from climbing structures;
(2)
Five feet from the bottom of a slide. The other parts of
the slide are considered a climbing structure;
(3)
Seven feet plus the length of a swing's chain from the
point of suspension; and
(4)
Seven feet from a merry-go-round or other revolving devices.
(b)
A child-care center licensed before September 1, 2003,
must comply with the use zone requirements specified in this division, under
the following circumstances:
(1)
A child-care center re-designs the existing playground
or adds new playground equipment. The permit holder must meet use zone requirements
specified in this division as the changes are made. You must submit a written
plan for compliance to us upon request.
(2)
Your existing permit is no longer valid.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300560
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.4901, 746.4903, 746.4905, 746.4907, 746.4909, 746.4911, 746.4913
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.4903.If my playground surfacing does not currently meet these requirements, will I be given additional time to comply?
Yes. Child-care centers that were licensed before September 1, 2003,
have five years from September 1, 2003, to comply with the playground surfacing
requirements specified in this division. You must submit a written plan for
compliance to us upon request.
§746.4907.How should loose-fill surfacing materials be installed?
(a)
If you use loose-fill surfacing materials, you must install
and maintain them according to the following chart:
(b)
You must not install loose-fill surfacing materials over
concrete or asphalt.
(c)
You must mark all equipment support posts to indicate the
depth at which the loose-fill surfacing material must be maintained under
and around the equipment.
(d)
You must ensure the loose-fill materials are maintained
at the proper depth at all times.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300561
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.5001, 746.5003, 746.5005, 746.5007, 746.5009, 746.5011, 746.5013, 746.5015
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.5011.If I do not have a fence around the pool at my child-care center before September 1, 2003, will I have an opportunity to comply?
Child-care centers that were licensed before September 1, 2003, with
a pool on the premises have one year from September 1, 2003 to comply with
this requirement. You must continue to prevent children's unsupervised access
to the pool.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300562
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
1.
FIRE INSPECTION
40 TAC §§746.5101, 746.5103, 746.5105
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.5105.Must I make all corrections specified in the fire-inspection report?
Yes. You must comply with all corrections, restrictions, or conditions
specified by the inspector in the fire inspection report, letter, or checklist.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300563
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.5201, 746.5203, 746.5205, 746.5207, 746.5209, 746.5211
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300564
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.5301, 746.5303, 746.5305, 746.5307, 746.5309, 746.5311, 746.5313, 746.5315, 746.5317, 746.5319
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300565
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.5401, 746.5403, 746.5405, 746.5407
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300566
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §746.5501
The new section is adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new section implements the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300567
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§746.5601, 746.5603, 746.5605, 746.5607, 746.5609, 746.5611, 746.5613, 746.5615, 746.5617, 746.5619, 746.5621
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out the statute
and to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§746.5605.What safety precautions must I take when loading and unloading children from the vehicle?
You must take the following precautions when loading and unloading
children from any vehicle, including a bus with a gross vehicular weight rating
(GVWR) of 10,000 pounds or more:
(1)
You must load and unload children at the curbside of the
vehicle or in a protected parking area or driveway.
(2)
You must not allow a child to cross a street unless the
child is accompanied by an adult anytime before entering or after leaving
a vehicle.
(3)
You must account for all children exiting the vehicle before
leaving the vehicle unattended.
(4)
You must never leave a child unattended in a vehicle.
§746.5607.What safety seat system must I use when I transport children?
For all vehicles other than a bus with a GVWR of 10,000 pounds or more,
you must secure each child in an infant safety seat, child booster seat, or
a seat belt, as appropriate to the child's age, height, and weight according
to manufacturer's instructions before starting the vehicle, and during all
times the vehicle is in motion. All child passenger safety seat systems must
meet federal standards for crash-tested restraint systems as set by the National
Highway Traffic Safety Administration, and must be properly secured in the
vehicle according to manufacturer's instructions. The following restraint
devices must be used when transporting children:
§746.5609.Must caregivers and/or the driver wear a seat belt?
(a)
The driver must be properly restrained by a safety belt
before starting the vehicle and at all times the vehicle is in motion.
(b)
All adult passengers in a vehicle transporting children,
other than a bus with GVWR of 10,000 pounds or more, must be properly restrained
by safety belts.
§746.5617.Must I carry specific equipment in vehicles used to transport children in my care?
(a)
You must have the following in each vehicle you use to
transport children:
(1)
A list of the children being transported;
(2)
Emergency medical transport and treatment authorization
forms for each child being transported;
(3)
The child-care center's name, child-care center director
or permit holder's name, and child-care center telephone number in the glove
compartment or clearly visible inside the passenger compartment, or the child-care
center's name and telephone number must be clearly visible on the outside
of the vehicle;
(4)
Parent's names and telephone numbers and emergency telephone
numbers for each child being transported;
(5)
A fire extinguisher approved by the local or state fire
marshal, secured in the passenger compartment and accessible to the adult
occupants; and
(6)
A first-aid kit as specified in §746.4003 of this
title (relating to What items must each first-aid kit contain?).
(b)
The driver must have a current driver's license.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300568
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
The Texas Department of Protective and Regulatory Services (PRS) adopts
new Chapter 747, Minimum Standards for Child-Care Homes. New §§747.105,
747.107, 747.205, 747.207, 747.305, 747.401, 747.403, 747.501, 747.503, 747.505,
747.603, 747.633, 747.707, 747.801, 747.901, 747.903, 747.905, 747.911, 747.1007,
747.1009, 747.1109, 747.1119, 747.1121, 747.1139, 747.1205, 747.1207, 747.1219,
747.1301, 747.1307, 747.1309, 747.1325, 747.1401, 747.1403, 747.1501, 747.1503,
747.1801, 747.1803, 747.1807, 747.1901, 747.1903, 747.2001, 747.2003, 747.2007,
747.2009, 747.2011, 747.2015, 747.2101, 747.2103, 747.2301, 747.2303, 747.2305,
747.2315, 747.2319, 747.2321, 747.2323, 747.2401, 747.2403, 747.2405, 747.2407,
747.2505, 747.2507, 747.2603, 747.2607, 747.2705, 747.2711, 747.2713, 747.2801,
747.2803, 747.2807, 747.2901, 747.3001, 747.3007, 747.3101, 747.3103, 747.3105,
747.3109, 747.3113, 747.3117, 747.3209, 747.3215, 747.3217, 747.3221, 747.3225,
747.3227, 747.3229, 747.3301, 747.3303, 747.3307, 747.3501, 747.3701, 747.3703,
747.3705, 747.3903, 747.4005, 747.4007, 747.4009, 747.4011, 747.4015, 747.4103,
747.4107, 747.4303, 747.4309, 747.4311, 747.4403, 747.4501, 747.4503, 747.4607,
747.4615, 747.4801, 747.4803, 747.4807, 747.4811, 747.4815, 747.4901, 747.5003,
747.5009, 747.5011, 747.5015, 747.5103, 747.5105, 747.5201, 747.5407, 747.5409,
and 747.5421 are adopted with changes to the proposed text published in the
August 16, 2002, issue of the
Texas Register
(27
TexReg 7457). New §§747.101, 747.103, 747.109, 747.111, 747.113,
747.201, 747.203, 747.209, 747.301, 747.303, 747.601, 747.605, 747.607, 747.609,
747.611, 747.613, 747.615, 747.617, 747.619, 747.621, 747.623, 747.625, 747.627,
747.629, 747.631, 747.635, 747.701, 747.703, 747.705, 747.709, 747.803, 747.907,
747.909, 747.913, 747.915, 747.1001, 747.1003, 747.1005, 747.1013, 747.1015,
747.1101, 747.1103, 747.1105, 747.1107, 747.1113, 747.1115, 747.1117, 747.1123,
747.1125, 747.1127, 747.1129, 747.1131, 747.1133, 747.1135, 747.1137, 747.1141,
747.1143, 747.1145, 747.1147, 747.1149, 747.1151, 747.1153, 747.1201, 747.1203,
747.1209, 747.1211, 747.1213, 747.1215, 747.1217, 747.1303, 747.1305, 747.1311,
747.1313, 747.1315, 747.1317, 747.1319, 747.1321, 747.1323, 747.1327, 747.1405,
747.1601, 747.1603, 747.1605, 747.1607, 747.1609, 747.1701, 747.1703, 747.1805,
747.2005, 747.2013, 747.2017, 747.2105, 747.2107, 747.2201, 747.2307, 747.2309,
747.2311, 747.2313, 747.2317, 747.2325, 747.2327, 747.2329, 747.2331, 747.2501,
747.2503, 747.2601, 747.2605, 747.2701, 747.2703, 747.2715, 747.2805, 747.2809,
747.2811, 747.2903, 747.2907, 747.3003, 747.3005, 747.3009, 747.3107, 747.3111,
747.3115, 747.3119, 747.3121, 747.3201, 747.3203, 747.3205, 747.3207, 747.3211,
747.3213, 747.3219, 747.3223, 747.3401, 747.3403, 747.3405, 747.3407, 747.3503,
747.3505, 747.3507, 747.3601, 747.3603, 747.3605, 747.3607, 747.3609, 747.3611,
747.3801, 747.3803, 747.3805, 747.3901, 747.4001, 747.4003, 747.4013, 747.4101,
747.4105, 747.4109, 747.4111, 747.4113, 747.4115, 747.4117, 747.4201, 747.4203,
747.4205, 747.4207, 747.4209, 747.4211, 747.4301, 747.4305, 747.4307, 747.4401,
747.4405, 747.4407, 747.4505, 747.4601, 747.4603, 747.4605, 747.4609, 747.4611,
747.4613, 747.4707, 747.4709, 747.4711, 747.4805, 747.4809, 747.4813, 747.5001,
747.5005, 747.5007, 747.5013, 747.5101, 747.5107, 747.5109, 747.5111, 747.5113,
747.5115, 747.5117, 747.5301, 747.5401, 747.5403, 747.5405, 747.5411, 747.5413,
747.5415, 747.5417, and 747.5419 are adopted without changes to the proposed
text and will not be republished. Also in this issue of the
Texas Register
, PRS is withdrawing §§747.1221, 747.2707,
747.2709, 747.2905, 747.3305, 747.4701, 747.4703, 747.4705, 747.5203, 747.5205,
and 747.5207 because of comments received.
PRS is required by Chapter 42 of the Human Resources Code to periodically
review all minimum standard rules. In addition, part of Licensing's business
plan is to review, analyze, and update Licensing rules to strengthen the protection
of children in out-of- home care and improve an operator's understanding of
the rules. The minimum standard rules have been consolidated, updated, and
revised using "plain language" techniques. Consequently, staff are repealing
Chapter 715 and replacing this chapter with two new chapters, Chapter 746,
Minimum Standards for Child-Care Centers, and Chapter 747, Minimum Standards
for Child-Care Homes, which are adopted in this issue of the
Texas Register
.
The current rules are grouped according to the type of facility or type
of home where the care is provided. The new rules consolidate six sets of
minimum standards into two, one for home-based care and one for center-based
care. We believe that consolidating the standards in this manner will help
PRS and providers focus on meeting the needs of children in care. The majority
of changes to the standards are due to the consolidation of six sets of standards
into two sets.
The new sections will function by providing standards that are easier to
understand, which should help improve compliance and reduce mistakes. In addition,
updating health, safety, and well-being standards based on current knowledge
benefits children by reducing the risk of harm in child-care settings. The
consolidation of the minimum standards will bring consistent expectations
between providers offering similar types of care and offer equitable treatment
and expectations for children in care.
The Board considered public testimony concerning these rules at the Board
meetings held on July 26, 2002, August 22, 2002, September 20, 2002, and November
22, 2002. PRS provided an additional opportunity for advocates to give public
testimony at a meeting on September 27, 2002. Three thousand and eleven commenters
submitted comments from July 26, 2002, through September 30, 2002. Commenters
included child-care providers, parents, Senator Eddie Lucio, Jr., Representative
Ray Allen, Representative Norma Chavez, Representative Ron Clark, Representative
Yvonne Davis, Representative Carl Isett, Representative Delwin Jones, Representative
Arlene Wohlgemuth, business groups, professional organizations, other governmental
entities, and concerned citizens.
The following groups and associations commented on these rules:
The State Advisory Committee on Child Care Administrators and Facilities
commented favorably regarding the rules in general, and specifically praised
the new standards relating to playground surfaces and outdoor equipment. This
committee urged some additional strengthening of the training and education
requirements and urged limits on what could be considered to be audio and
visual awareness under the proposed definition of supervision. Educational
First Steps supported numerous aspects of the proposed standards, but opposed
allowing a waiver for GED requirements; opposed allowing substitutes to forgo
annual training if they substitute on five or fewer occasions and urged even
stronger standards than those proposed for ratios and group sizes. The Fund
for Child Care Excellence commented in favor of new standards relating to
the location of sinks, resilient surfacing, alternatives to the GED in hardship
cases, improved staff/child ratios, limits on self-instructional training,
and the requirement for visual and auditory awareness to supervise children.
The Greater Houston Collaborative for Children, its community collaborative,
Early Connections, and Texans Care for Children commented in support of all
increased standards relating to staff/child ratios, education and training
requirements, health and safety and age- appropriate activities. The Center
for Public Policy Priorities (CPPP) commented in favor of improved child-care
quality, but expressed concerns that any increase in costs resulting from
the new standards will make child-care less accessible to low-income and other
working families; the CPPP urged the use of incentives to assist child-care
providers in transitioning to higher-quality child care.
The Brenham Child Care Association was opposed to any changes in minimum
standards. The Daycare Givers Association - Hispanics in Action requested
that the publication of minimum standards be translated into Spanish. The
Hill Country Child Care Providers Association of Starr County urged that GDCHs
that currently operate outside the permit holders home be given the option
of being treated as either a home or center under the new standards; that
RFHs be allowed to care for additional children with two caregivers; and that
current GDCHs be permanently grandfathered from standards relating to the
placement of sinks and the required GED educational level. The Texoma Family
Childcare Association commented that most of the standards are needed to promote
quality childcare, but opposed standards relating to resilient surfacing;
parent access to the home during all hours of operation, the definition of
supervision requiring both visual and auditory awareness at all times; field
trip ratios; location of sinks; gas inspections; the requirement to maintain
a choke-free environment; access to children's records; sign-in and sign-out
records; and the definition of infant. The WPHCCA in Fort Worth also opposed
the requirements relating to gas inspections and parental visitation during
all hours of operation.
In addition to the groups and associations commenting on these standards,
a number of other state and local governmental entities offered comments or
suggestions relating to their official areas of expertise. The City of Lewisville
commented on potential conflicts between the proposed rules and local ordinances
concerning fire inspections. The Fire Protection Association of North Texas
urged that all child-care homes be required to have annual inspections; that
we adopt specific criteria for use of a window as an exit; that we specify
which type of fire extinguisher must be used; and that we clarify what role,
if any, the fire department should play in testing smoke detection systems.
The Texas Department of Health, Zoonosis Control Division offered comment
on the rules relating to pets and other animals in the child-care home. The
Texas Department of Human Services Special Nutrition Program offered comments
regarding the food service and nutritional requirements under the Child and
Adult Care Food Program (CACFP). The Texas Department of Public Safety recommended
stronger standards relating to transportation safety. The Texas Workforce
Commission opposed the new standards generally, stating that some new standards
appear to be overly bureaucratic and that the increased administrative burdens
and more stringent safety standards might force many small providers out of
business and decrease the availability of affordable child-care, particularly
in Registered Family Homes.
General Comments:
Comment: We received 429 comments opposing the adoption of the revised
minimum standards for child-care homes found in Chapter 747 for one or more
of the following reasons: (1) The proposed standards would be too difficult
for home child care providers to implement; (2) The proposed standards would
be too expensive for home child care providers to implement and the increased
costs would have to be absorbed by the child care providers or the parents
of children in care; (3) Because of the difficulty and cost of implementing
the proposed standards child care homes will shut down or raise their rates,
effectively removing the option of affordable, quality home child care for
working parents; (4) Because of the difficulty and cost of implementing the
proposed standards child care homes will operate illegally, which will jeopardize
the health and safety of children.
Response: We recognize that many child-care homes provide affordable, quality
child care to working parents. We have made every effort in the final adopted
version of these rules to balance our statutory duty to adopt minimum standards
that ensure the health, safety, and well-being of children in care with the
economic realities of the child- care home industry and working families.
Responding to the thousands of public comments expressing concern over specific
proposed standards, we have made numerous changes in the minimum standards
to eliminate or reduce negative fiscal impact and unnecessary burdens to child-care
home providers.
Comment: We received 1,642 comments stating the following: "My child, my
choice. I want affordable quality child-care. I want the choice of home-based
and center-based child-care. Children have the right and the need to feel
secure; to have the same provider daily; to feel the sense of belonging; to
be cared for in a healthy, safe, and positive environment that provides stimulating,
developmentally appropriate practices. A good foundation is imperative for
children to grow and become loving and caring individuals." In addition, we
received 69 comments expressing their support and preference for home-based
child care. These commenters stated their opinion that home-based child care
was superior in many ways to center-based child care. In particular, they
asserted that children received more individualized attention in a nurturing,
family setting. Many of these commenters were parents who stated they would
only feel comfortable placing their children in home-based child care and
were happy with their children's current home-based child-care provider. Many
of these commenters stated that the proposed standards did not recognize the
unique differences between home-based child care and center-based child care.
Response: We agree that there are many important differences between center-
based and home-based child care and that parents and children benefit from
having the choice of different child-care settings. As proposed, these standards
contained a number of different standards that reflect the differences between
these two settings. Many of the changes made in the adopted version of these
minimum standards were made to further preserve the unique characteristics
of child-care homes. However, we continue to believe that some of the proposed
changes in standards are necessary to protect the health, safety, and well-being
of children. While home-based child care represents a very different child
care environment from center-based child care, there are many risks inherent
in child care, such as injury and the spread of communicable disease, which
are equally present in both settings.
Comment: Two commenters stated that "they agree with grandfathering for
other changes."
Response: We are generally adopting the grandfather clauses as proposed.
Comment: Two commenters proposed that all existing homes be grandfathered
or that current standards not be changed.
Response: While existing child-care homes are grandfathered from many of
the proposed minimum standards, or are given one or more years to comply with
the proposed standards, we do not support grandfathering existing child-care
homes from all increased minimum standards. A two-tiered system of regulated
child-care homes would be difficult to enforce, would confuse the public,
and would not equally protect children. Only those increased standards that
are believed to place a particularly difficult burden on current providers
were selected for grandfathering or delayed implementation.
Comment: One commenter stated that rather than changing the minimum standards,
Licensing should require that all child-care home providers have a CDA (Child
Development Associates Credential). Similarly, another commenter wanted PRS
to require classes for all child-care providers that covered the issues in
the proposed minimum standards, rather than requiring them as rules.
Response: While we agree that education and training help improve the quality
of child care and increase the compliance rate of child-care providers, this
must be considered in relation to other known factors that protect the health
and safety of children. Minimum standards are required by the Human Resources
Code. While broad, general guidelines seem reasonable in theory, they are
difficult for child-care providers to follow and for Licensing staff to enforce.
Minimum standards that are clearly defined help to educate child-care providers
and guide them in the day-to-day care of children. They also help parents,
who are present in child-care homes on a daily basis, to monitor their child
care, they provide a basis for technical support from Licensing staff; and
they provide an overall system of accountability for child-care providers.
Comment: One commenter supported the proposal, stating that the standards
need to be upgraded for the children's safety and well-being. This commenter
also requested that we monitor listed family homes more closely.
Response: The Human Resources Code, Chapter 42, does not give us the authority
to promulgate minimum standards for listed family homes or to inspect listed
family homes.
Comment: Three commenters stated that problems with child-care homes should
be handled on a case-by-case basis using regulatory enforcement measures,
rather than revising the minimum standards.
Response: The purpose of the revised standards is not to fix problems in
a few problem child-care homes. Rather, it is to provide clear and helpful
standards that are easy to use and enforce and that also incorporate recommendations
from child-care providers, advocates, and experts in safety, public health,
and child development.
Comment: Eighty-five child-care providers commented that the standards
need to be updated and agree with many of the proposed standards that will
benefit the children in our care.
Response: We appreciate the support.
Comment: One commenter stated her concern with the training of Licensing
representatives. This commenter expressed her frustration with different interpretations
of "gray areas" in the current minimum standards and is concerned that "gray
areas" remain in the proposed minimum standards. The commenter did not speak
to any specific current or proposed minimum standard.
Response: We do plan on providing detailed training on any new minimum
standards to all Licensing representatives. Staff wrote and revised the proposed
standards with the hope that the plain-language format and the inclusion of
more details will provide the clarity needed for providers, Licensing representatives,
and parents to interpret the minimum standards in the same way.
Comment: One commenter stated that the task of reviewing the proposed standards
was staggering. This commenter suggested that revisions be made in stages
if provider comment is desired.
Response: We will continue to explore ways to include providers in the
rule revision process and regret any burdens associated with reviewing and
responding to the proposed minimum standards. However, we feel that it would
be more confusing to revise standards in a piecemeal fashion that would require
child-care providers and Licensing representatives to function under constantly
changing minimum standards for anywhere from one to three years.
Comment: One child-care provider expressed her support for many of the
proposed changes to minimum standards and thought they would be helpful to
her as a provider. However, this commenter also thought many of the revised
standards were petty and would require her to spend less time with the children.
Response: Because this commenter did not speak to specific proposed standards,
we cannot respond to her concerns directly. However, we did receive concerns
of a similar nature regarding specific standards and have made changes in
these adopted rules to reduce paperwork and other burdens that were not deemed
essential to protecting the health and safety of children.
Comment: Eleven commenters expressed their support for the "many positive
revisions" to the minimum standards and stated their support for many of the
revisions. These commenters also stated their opposition to "a few of the
minimum standards which they feel will result in continued poor quality child-care
in Texas."
Response: Because these commenters did not speak to any specific proposed
standards, we cannot respond to their concerns.
Comment: One commenter did not like the plain-language format of the rules.
Response: We recognize this change in formatting may be initially confusing
for some, but believe that it will become easier to use with time.
Comment: Seven commenters stated their overall support for the adoption
of the standards. One of the commenters specifically stated the following:
"Let us all work together to raise the bar for childcare in Texas, especially
since currently we are at the bottom of the list. We can achieve this by lowering
child-staff ratios and putting educated staff with the children. Let us not
forget that this is not just babysitting. Birth through six years are the
most critical and crucial years of a child's life. We must pay for good sound
care now or pay for prisons later; the choice is ours."
Response: We concur generally with these comments, though we believe we
have a responsibility to also consider the fiscal implications of increased
minimum standards.
Comment: One provider complained that the location of the September Board
meeting in Brownsville was inconvenient to the majority of Texans.
Response: Texas is a large state and therefore, the majority of the public
will have to travel to participate in a public meeting. We regret any inconvenience
associated with participating in the rule revision process. We did enable
the public's participation in the public comment process by holding an additional
public meeting in Austin, Texas, on September 27, 2002, and by posting the
proposed rules for public comment for 45 days.
Comment: One commenter requested that child-care providers who don't speak
English receive a translation of the proposed minimum standards, either in
writing or orally in a meeting, so they can understand and comment on the
proposed changes.
Response: We agree that providers who do not read English are at a disadvantage
when an agency's proposed rules are published only in English. We understand
that some caregivers speak only other languages, but have no statistics on
how many there are. For this reason and because of the cost and delay in publication,
translations of the proposed standards were not provided. Adopted rules will
be translated into Spanish and Vietnamese, which, after English, are the two
most common language groups within the provider community
Although not in response to public comment, we have determined that an
implementation date of July 1, 2003, did not provide sufficient time for providers
and others to prepare to operate in compliance with all new standards. Accordingly,
we have decided to make the effective date of these rules consistent with
the new state fiscal year that begins on September 1, 2003. As a result of
this change in effective date, we are substituting the date of September 1,
2003, for the date July 1, 2003, in §§747.107, 747.1009, 747.1109,
747.1807, 747.2003, 747.2007, 747.3701, 747.4009, 747.4015, 747.4103, 747.4107,
747.4311, 747.4615, 747.4811, and 747.5103.
An extensive discussion of comments and responses on specific proposed
rule sections follows:
Throughout the following discussion of comments and responses, the acronym
HRC refers to the Human Resources Code; GDCH refers to a Group Day Care Home;
and RFH refers to a Registered Family Home. The term "Licensing" refers to
the Child Care Licensing Division within PRS.
§747.105. What do certain words and terms mean when used in this chapter?
Comment: One commenter stated the term "pre-kindergarten" should be included
in the definitions.
Response: We agree that a definition for a pre-kindergarten age child is
needed; however, this definition already exists in §745.21(30). To help
ensure that terms used by Child Care Licensing in more than one chapter of
the Texas Administrative Code are used consistently, and remain consistent
over time, definitions for terms used in Chapter 745 will not be repeated
in other chapters and the proposed rule refers readers to Chapter 745 for
definitions of terms used in Chapter 747 that are not defined in 747.105.
To ensure that providers have ready access to all definitions for terms used
in Chapter 747, the minimum standards publication developed after adoption
will include the relevant definitions from both Chapter 745 and 747.
Comment: One commenter stated there are many words that are not clear and
need definitions.
Response: We cannot make any changes in response to this general comment
because we do not know which specific terms or definitions this commenter
was referring to.
Comment: Two commenters stated that the definition of field trip in paragraph
(27) does not clarify whether walks in the neighborhood are considered field
trips.
Response: Since §747.1901(c) clarifies that walks in the neighborhood
are not considered field trips for the purposes of child/staff ratios, we
do not believe a change in the definition is necessary.
Comment: Two commenters suggested that the term "frequently" in paragraph
(29) should be changed to "occasionally."
Response: The term "frequently" must be defined in order to implement the
statutory mandate in HRC §42.05, requiring background checks for certain
individuals "who will regularly or frequently be staying or working at the
facility or home while children are being provided care." Thus, no change
is being made as a result of these comments.
Comment: Comments relating to §747.3215, indicate that commenters
believe the definition for "hand washing" in proposed paragraph (32) was too
prescriptive.
Response: We agree and are eliminating proposed paragraph (32). All remaining
paragraphs in this section will be renumbered on adoption as a result of this
change.
Comment: We received 118 comments regarding the definition of infant in
proposed paragraph (35). One hundred and two commenters objected to changing
the definition of infant from 0-17 months to 0-23 months. Sixteen commenters
stated that this would change the staff/child ratios for infants.
Response: We do not believe that the definition of an infant caused a change
to the child/caregiver ratios; however, we acknowledge that this proposed
change caused undue concern and confusion. Accordingly, we are changing the
definition of infant back to its current definition, which is a child from
birth through 17 months of age.
Comment: Two commenters objected to the definition of janitorial duties
in proposed paragraph (36), indicating that this definition would prohibit
them from performing routine cleaning while children are in care.
Response: We do not believe a change in definition is necessary in response
to these comments because the definition does indicate that janitorial duties
are those cleaning and maintenance activities above those required to care
for children. Moreover, the minimum standard in §747.1501, which prohibits
caregivers included in the child/staff ratio from engaging in janitorial duties
while caring for children, makes it clear that a caregiver may clean up after
an activity or accident while children are being cared for.
Comment: One commenter objected to the definition of a "propped bottle"
in proposed paragraph (39), stating that there are times when a caregiver
cannot hold a baby's bottle with a hand while feeding.
Response: We believe that this commenter's objection is not really to the
definition of a propped bottle, but to the minimum standard found in §747.2319,
which prohibits propping bottles. Accordingly, this comment will be considered
along with other comments to §747.2319, and no change will be made to
the definition.
Comment: We received three comments related to the definition of a school-age
child in proposed paragraph (42). One commenter suggested the definition of
school- age child should be changed to three years and older; another stated
a child who turns five years should be considered a school-age child on his
birthday, not after the child begins school, and a third opposes changing
the definition of school-age child.
Response: The minimum standards concerning school-age children were not
written to apply to a child as young as three years of age. For example, §747.605
allows a provider to release an unaccompanied "school-age child" to ride a
bus or walk to or from school or home with parental permission. Such a standard
would not be adequate to protect the safety of a three year old. The definition
of a school-age child would include a child on his or her fifth birthday,
provided the child will be attending school in August or September of the
same calendar year in which the child turns five. The proposed definition
for a school-age child is consistent with the current definition used for
RFHs, and will now provide for consistent use of this term and consistent
protections for children, as applied to both RFHs and GDCHs. Accordingly,
no change is being made in response to comments on this definition.
Comment: We received five comments objecting to the change in definition
of a toddler in proposed paragraph (47). Two commenters expressed that changing
the definition of toddler is not consistent with other organizations' and
society's definition. Two commenters oppose changing the definition because
it would restrict ratios unnecessarily and put an undue burden on staffing.
One commenter stated this age range is inconsistent with the age chart used
to define the maximum number of children allowed at one time in a registered
home.
Response: As explained in response to comments on the definition of an
infant, we do not believe that the proposed change in the definition of a
toddler affected child/caregiver ratios; however, since the proposed definition
has generated considerable concern and confusion, we are changing the definition
for a toddler to mean a child from 18 months through 35 months.
§747.107. What types of operations do these minimum standards apply
to?
Comment: Thirty-three commenters urged that any GDCH that operates in a
location outside the home be given a one-time opportunity to elect to be treated
as either a home-based or center-based facility. Numerous general comments
were received from commenters who are concerned about the continued availability
and affordability of home-based care, if existing GDCHs lose Child and Adult
Care Food Program (CACFP) resources and the costs are passed onto parents.
These commenters stated current GDCH caregivers that operate in a location
other than their home would experience a significant fiscal impact due to
loss of reimbursement from the CACFP.
Response: We concur with these comments and have changed the rule to provide
for a one-time election for GDCHs who are licensed on or before the date these
rules take effect to be treated as a child-care home, regardless of whether
they currently operate in their residence. Discussions with the Texas Department
of Human Services, Special Nutrition Program Child and Adult Care Food Program
(hereinafter referred to as the CACFP) confirm that a GDCH that becomes licensed
as a child-care center will lose eligibility to qualify as a home and receive
reimbursement for the CACFP. CACFP qualifications for child care centers are
impractical for homes caring for 12 or fewer children. In the survey conducted
to assess fiscal impact, 22.4% (approximately 416 homes) would loose their
eligibility if this change was adopted as proposed. In addition to the change
made in response to comment, a further change is being made to clarify that
a provider is considered to be operating out of the home only if the location
where care is provided is the same address as the permit holder's address.
This change will eliminate confusion about who may be treated as a child-care
home in the future.
§747.201. Who is a primary caregiver?
Comment: One commenter stated this section should be changed or deleted
because the primary caregiver must live in the home; another expressed that
the term "primary caregiver" is offensive since the parent is the primary
caregiver; and a third requested that the new regulations be reconsidered
as they are overwhelming.
Response: It is not clear what the first commenter intends, unless the
commenter considers this rule to be redundant. The term primary caregiver
as used in these minimum standards is not intended to diminish the role or
authority of the parent, but is merely a term chosen to distinguish between
the person in the child-care home with primary responsibility and authority
for compliance with minimum standards, as opposed to substitute caregivers,
volunteers or others who assist with the care of children in the child-care
home. We believe that this rule is necessary to clarify the various roles
and responsibilities of the persons who are subject to these minimum standards
for child-care homes, thus no change is being made in response to these comments.
§747.203. As the primary caregiver, may I leave someone else in charge
if I cannot be home during all hours of operation?
Comment: We received one comment indicating that a person left in charge
during the temporary absence of the primary caregiver should be knowledgeable
of emergency information rather than the entire minimum standards.
Response: The proposed rule is consistent with current standards, which
require that the person left in charge during the caregiver's absence, whether
short-term or long-term, operate the home in compliance with minimum standards.
To reduce the risk to children in care, we believe it is important that the
person left in charge of the child- care home fully understand their responsibility
for the care and safety of the children, which requires that they be well
versed in minimum standard requirements.
§747.205. Must I be present at my child-care home during all hours
of operation?
Comment: We received 19 comments. Twelve commenters were concerned that
they will be cited for being absent from the home due to jury duty and other
personal business. Five commenters believe the proposed rule is an invasion
of privacy or is too restrictive and does not allow the caregiver the flexibility
to leave when she wants. One commenter wanted to know what is meant by "extended
period of time." One commenter asked what is considered "limited time" for
vacation/short term family emergencies.
Response: We concur generally that the proposed rule did not allow sufficient
flexibility to a home-based provider to be absent from the home, nor was it
sufficiently clear what types of absences may be considered to be for a "limited
time." In response to these comments, we have revised the rule to provide
additional examples of what may be considered permissible absences for a limited
time. Additional requirements that had been proposed when absences are for
an extended period of time have been deleted, since we believe that the requirements
in §747.203 already serve to ensure the safety of the children in the
absence of the primary caregiver. The phrase "extended period of time" is
no longer used in this rule.
§747.207. What are my responsibilities as the primary caregiver?
Comment: We received one comment which appears to be related to paragraphs
(3) and (4) of this section, stating that substitutes, household members,
and volunteers do not have the dollars or time to go through training, background
checks, and TB tests.
Response: We acknowledge that the training and screening of caregivers
and household members imposes some burdens; however, HRC, §42.042(e)
requires the adoption of minimum standards that ensure, among other things,
"adequate supervision of children by capable, qualified and healthy personnel."
Clearly, we have an obligation to establish minimum standards relating to
the qualifications and backgrounds of caregivers and we believe it is essential
to clarify that the permit holder has responsibility for ensuring compliance
with those standards by caregivers and others who have access to children
while in care. Paragraphs (3) and (4) deal only with the primary caregiver's
responsibility for ensuring compliance, they do not set forth the specific
details of the training and background screening standards. Our rationale
in support of specific standards will be discussed in connection with the
rules that describe the specific training and background screening requirements
applicable to caregivers and household members.
Comment: We received 31 comments regarding paragraph (6), which makes the
primary caregiver responsible for ensuring that parents may visit the child-care
home during hours of operation to observe, without having to secure prior
permission. Twenty- three commenters expressed concern that this prohibits
them from locking doors during hours of operation, resulting in a safety issue,
or expressed concern that unannounced visits might disrupt naptime or otherwise
upset children. Four commenters expressed a fear of being in the home alone
with the children and therefore, placed in a compromising position by amorous
male family members of a child or vulnerable to improper sexual advances,
attempted rape, and rape. Three commenters prefer that parents come at an
agreeable time because they were not comfortable with parents being there
for a long time. One commenter stated that by law every employee is entitled
to a break while at work and will terminate child-care services before allowing
people to interrupt this break time.
Response: Paragraph (6) does not require that doors be left unlocked, but
that parents be allowed to visit the home while their children are in care.
Unannounced visits allow parents to assess the care their children are receiving
and therefore help to ensure the safe and healthy operation of the home. The
proposed rule would not prohibit the caregiver from setting reasonable limits
on the amount of time a parent spends at the child-care home if she believes
this is necessary to protect the children in her care. HRC §42.0427 requires
that all areas of a licensed facility must be accessible to a parent who visits
during hours of operation; this rule makes this requirement consistent among
all types of home care providers. For all of the above reasons, no changes
to this rule were made in response to comments.
Comment: PRS received one comment regarding paragraph (7), suggesting that
a background check should be completed before new staff begin working with
children.
Response: Caregivers are currently allowed two-business days to submit
a background check after a new person is hired or is present in the home per §745.625
of Licensing Chapter 745, and this standard is simply a restatement of that
requirement. We believe this two-day period strikes an appropriate balance
between the need to protect children through background checks and the need
to maintain required staffing levels. We are adopting this paragraph with
change to refer the reader to the existing requirements for background checks
in Chapter 745.
§747.209. Must I maintain liability insurance?
Comment: Two commenters stated liability insurance should be mandatory.
Response: HRC, §42.049, specifically exempts GDCHs and RFHs from a mandatory
requirement to have liability insurance. Adding it in rule would increase
the cost of child care, therefore this section was adopted without change.
§747.301. What changes regarding my child-care home must I notify
Licensing about before making the change?
Comment: Thirteen commenters oppose the paperwork required in notifying
Licensing in writing about changes in the operation. The commenters believe
there is no need to report to PRS information regarding ages of children in
care, hours, days, or months they operate or the addition of services, such
as transportation and field trips.
Response: The required notifications serve a variety of useful purposes.
Some changes, such as addition of a swimming pool, trigger the need for an
inspection. Notification of other changes, such as the ages of children in
care by age groups, and hours and days of operation, allows us to keep Licensing
records current and ensures that our searchable on-line database has current
and accurate information for use by parents searching for child-care services.
Also, because most Licensing inspections are unannounced, Licensing staff
must know the hours, days and months of operation in order to know when to
conduct inspections.
§747.305. What emergency and medical situations must I notify parents
about?
Comment: No comments were received specific to this proposed section. Response:
Although not in response to comment, we are adopting this section with changes
to correct a drafting error in subsection (a) and to clarify that parents
need only be notified of certain less serious injuries, as covered in subsection
(c) if first-aid treatment is provided by the caregiver.
§747.401. What items must I post at my child-care home during hours
of operation?
Comment: Seventy-six commenters oppose the proposed rule on the basis that
posting these items makes their home appear to be a child-care center, the
requirement does not allow for changes that may occur in the day, and that
the same information must be kept for the CACFP food program. One commenter
questioned the meaning of "prominent and publicly accessible" and whether
the Licensing inspection report must be posted for 60 days or until the next
inspection.
Response: With the exception of posting a daily menu, all of the items
required to be posted in the proposed rule are in current minimum standards.
Posting items in a prominent and publicly accessible place where parents and
others may easily view them allows parents to be informed about the care they
have selected for their child. In response to public comment we are adopting
this section with a change to eliminate the requirement to post a daily menu.
Related rule §747.3113 was also changed to provide an alternative to
daily posting of menus so that both parents and Licensing can determine which
foods items are served to the children to safeguard against food- related
allergies and to ensure nutritional standards are met.
§747.403. What telephone numbers must I post and where must I post
them?
Comment: We received 277 comments, all opposing the proposed rule and indicating
there is no need to post emergency numbers in every room of the home.
Response: We agree and have changed this rule to clarify that posted telephone
numbers need to be available near each telephone, not necessarily in each
room.
§747.501. Must I have written operational policies?
Comment: We received 91 comments. Seventy commenters acknowledged that
some caregivers might want extensive policies and others may not and this
should be the caregiver's prerogative, and expressed the requirement for having
policies for 21 different areas of the child-care operation would be onerous,
remove their flexibility and would not contribute to good relationships between
caregivers and parents. Thirteen commenters are opposed to the proposed rule.
One commenter stated that written policies were essential for successful in-home
child care. Five commenters questioned why the
Parent's
Guide to Registered Family Homes
was no longer going to be available.
One commenter does not understand paragraph (19). One commenter questioned
why a home must have a hearing and vision screening.
Response: In response to comments, we have reduced the number of areas
for which providers must maintain written policies to only those areas deemed
essential to health and safety. Some of the policy requirements staff recommend
be deleted from the proposed rule are addressed in other requirements, such
as need to document immunizations, and have parental permission for certain
activities outside the home. The rule will discontinue the
Parent's Guide to Registered Family Homes
and consolidate paperwork
for the caregiver and the parent. This information may become part of the
caregiver's written policy or is available in other formats through Child
Care Licensing. Vision and hearing screening is addressed in rules §747.631
and §747.633.
§747.503. Must I provide parents with a copy of my operational polices?
Comment: Five commenters oppose the rule stating that they don't want to
"overwhelm" parents with information. These commenters indicate a preference
for discussing policies verbally.
Response: We believe the safety and welfare of children are better secured
when parents are fully informed about the provider's policies. The provision
of written policies helps to minimize misunderstandings regarding those policies
and therefore helps parents make an informed choice about the type of care
their child will be receiving. We do not believe that the amount of information
will be overwhelming to most parents, particularly in light of the changes
being made to §747.501, which will reduce the number of issues which
must be covered in written policies. We are adopting this section without
change.
§747.505. What must I do when I change an operational policy or an
item in the enrollment agreement?
Comment: Three commenters expressed that the proposed rule would require
the primary caregiver to develop written policies for 21 distinct activities
and provide parents an updated copy when any policy is revised.
Response: The changes to §747.501 will reduce the number of areas
covered in written policies from 21 to nine. It is important to a child's
safety and welfare for parents to know what to expect of their child-care
provider, and to be informed whenever a provider's policies and procedures
change. We are adopting this section without change.
§747.601. Who has the right to access children's records?
Comment: Sixteen commenters expressed that a state employee should not
have the right to access parent information without that parent's consent.
Response: Caregivers are currently required to maintain records at the
child-care home, which are specified in the minimum standards. Licensing staff
review these to determine compliance with the minimum standards. Children's
records may also be reviewed to obtain information that enables Licensing
staff to contact a child's parent during an investigation or in the event
of an emergency at the child-care home. Licensing staff are authorized by
HRC §42.044(a) to inspect a home during all hours of operations to evaluate
compliance with standards. We are adopting this section without change.
§747.603. What records must I have for the children in my care and
how long must I keep them?
Comment: We received seven comments. Three commenters stated either that
keeping individual attendance records in a child's folder was cumbersome and
unnecessary, or asked if attendance records kept for other programs they participate
in would suffice for the PRS requirement. Two commenters indicated a statement
from a health-care professional could create a financial burden for parents.
One commenter asked if the records for a child in a public school would suffice.
One commenter questioned which form had to be used for reporting accidents/illness.
Response: In response to these comments we have deleted the requirement
to maintain attendance records for individual children; this information would
duplicate information already maintained in daily attendance logs and is therefore
unnecessarily burdensome. The rationale for maintenance of health statements
is discussed in response to comments on §747.611. Immunization records
do not have to be duplicated at the child-care home if they are on file at
the public school. Any form may be used for reporting as long as it contains
the same information included on the PRS form. Minor editing changes were
also made to subsection (b) to delete redundant language.
§747.611. Must I have a health statement for children in my care?
Comment: We received 16 comments. Thirteen opposed the proposed rule and
indicated that obtaining a written health statement will present a financial
hardship for many parents and that the immunization record should be sufficient.
Three commenters indicated they do not understand the need for this or stated
the requirements are so vague that doctors are not sure what they are agreeing
to.
Response: HRC §42.042 requires the adoption of minimum standards that
"promote the health, safety, and welfare of children attending a facility
or registered family home." A health statement is a current standard for group
day care homes, and we believe that it is essential for the protection of
the child to whom it pertains, as well as to all other children with whom
the child will be in care. Parents will have the option to sign a statement
stating that their child has seen a health-care professional within the past
12 months, and is able to participate in the program. This option gives the
parent 12 months from date of enrollment to obtain a statement from a health-care
professional. We are adopting this section without change.
§747.615. Are there exemptions for these immunization requirements?
Comment: One commenter recommended changing the wording in the immunization
exemption affidavit.
Response: The wording in the affidavit specified by 25 TAC §97.62
is mandated by statute in HRC §42.043(d); thus we do not have discretion
to vary the language of this affidavit. We are adopting this section without
change.
§747.629. Must children in my care have a tuberculosis (TB) examination?
Comment: One commenter stated that only children at high risk should be
tested for tuberculosis.
Response: This proposal requires only that the home follow the requirements
of the regional and local health authority regarding TB tests, which we believe
is necessary to protect the health of children in care. We are adopting this
section without change.
§747.631. Must children in my registered child-care home have vision
and hearing screening?
Comment: One commenter stated that the testing requirements should not
differ between registered child-care homes and licensed child-care homes.
Response: HRC §42.0431 mandates screening for children in licensed
day care centers and group day care homes, in accordance with rules adopted
by the Texas Department of Health under the Health and Safety Code, Chapter
36, Special Senses and Communication Disorders. Chapter 36 requires screening
for children who attend "preschools" and schools. The term pre-school is defined
in Chapter 36 to mean an "educational or child-care
institution
that admits children who are three years of age or older
but younger than five years of age." We do not believe the legislature has
expressed an intent to require vision and hearing screening in registered
or listed family homes, thus we do not believe we have the authority to add
this requirement in rule. We are adopting this section without change.
§747.633. Must children in my licensed child-care home have vision
and hearing screening?
Comment: Three commenters believe that the vision and hearing screenings
should be the responsibility of either the school or the parents, not the
licensed home. We also received input from the Texas Department of Health
relating to the age and school- enrollment criteria that trigger required
screening under the Texas Health and Safety Code.
Response: The proposed rule does not require the caregiver to conduct the
vision and hearing screening, but only to document that the child has undergone
the required screening and has the necessary documentation required by HRC, §42.0431;
Health and Safety Code Chapter 36, and the rules adopted by the Texas Department
of Health in 25 TAC, Chapter 37, Subchapter C. This section was adopted with
changes to be consistent with Texas Department of Health rules relating to
the age and school- enrollment criteria.
§747.635. Must I keep attendance records or a sign-in and sign-out
log for children in my care?
Comment: We received 18 comments. Two commenters said they did not feel
attendance records were necessary and indicated the attendance forms required
by the food program should suffice. One commenter did not agree that the caregiver
should keep a sign-in and sign-out log. Fifteen commenters questioned the
purpose of the proposed rule and stated rates are based on daily or weekly
care, not how many hours a child is present on a given day.
Response: Since the proposed rule did not prescribe the type of attendance
record that must be kept, homes that participate in the Child and Adult Care
Food Program (CACFP) will be allowed to use the same attendance records required
by CACFP to comply with this standard. The child-care home may keep either
attendance records or a sign-in/sign-out log, but will not be required to
keep both. Attendance records or logs of daily attendance enable Licensing
staff to evaluate compliance with other rules, such as child/caregiver ratio
for the previous three-month period, and to know which children were in care
in the event of outbreak of a communicable disease. Because we believe these
records are necessary to protect children, we are adopting this section without
change.
§747.707. Must I share a copy of the Incident/Illness Report form
with the child's parent?
Comments: No comments were received on this rule section in Chapter 747,
however three commenters who commented on the comparable rule in Chapter 746
state that requiring a parent to sign an accident or illness report the day
the incident occurs is insensitive to a parent distraught over a child's condition
and does not give the center time to write up a full report. These commenters
recommended allowing 48 hours to complete the report and have parents sign
it.
Response: We concur with the commenters and are adopting the section with
changes to allow 48 hours to obtain a parent's signature.
§747.801. What records must I keep at my child-care home? and §747.803.
How long must I keep these records at my child-care home?
Comment: We received 36 comments regarding these two sections. Seventeen
commenters stated the proposed rule requires extra paperwork for caregivers,
without directly contributing to the health and safety of children. Eleven
commenters indicated that infant feeding instructions, attendance records
for substitute caregivers, and menus are not important records and pointed
out that because Licensing may only inspect once a year or once every three
years, the three-month retention period in §747.803 would not enable
Licensing staff to evaluate these records on every child-care home anyway.
Seven commenters wanted to know why paragraphs (11), (12), and (13), regarding
inspections conducted by other state agencies, were required. One commenter
thanked PRS for saying "if applicable."
Response: In response to comments, we have deleted the requirement to keep
attendance records for substitutes. We also changed the rule to make it optional
to maintain a copy of the inspection reports completed by other state agencies;
however, if these records are provided to Licensing staff, we will not have
to duplicate inspection of standards already conducted by another state agency
within the past year. We believe that the remaining requirements in the proposed
rule are essential to protecting the health and safety of children, as these
records allow Licensing staff to verify compliance with other minimum standards.
Having a record of infant feeding instructions enables Licensing staff to
verify whether these are being followed. Since Licensing inspections of homes
may be conducted as infrequently as once every one to three years, the ability
to review a three-month period of menus and attendance logs allows us to evaluate
whether a provider has been in compliance with standards relating to nutrition
or child/caregiver ratios on days other than the one day on which an inspection
occurs. The three-month retention period is deemed to be the minimum timeframe
necessary to evaluate ongoing compliance and this timeframe was selected to
strike a balance between the need to protect children and the burden placed
on providers by this required recordkeeping. To better assist providers in
understanding the types of records that should be maintained and the purpose
served by retaining these records, we have re-drafted this rule to include
references to each of the minimum standards that is supported by a recordkeeping
requirement. In addition, since this rule is intended to be a comprehensive
listing of the types of records which must be kept, we added a reference to
the written approval of a fire marshal to provide care above or below ground
level, if applicable, as required elsewhere in the proposed minimum standards.
§747.901. What information must I maintain in my personnel records?
Comment: Three commenters stated the proposed rule would require five new
records to be kept on file for each individual caregiver, substitute, and
volunteer. One commenter stated that persons who volunteer occasionally should
not be required to have personnel records at the home. One commenter stated
that training should only be required for those who work more than 20 hours
a year.
Response: As with the requirement to maintain records regarding children
in care in §747.801, recordkeeping helps to protect children as it enables
Licensing staff to verify compliance with other minimum standards, such as
standards relating to caregiver training, qualifications, and background checks.
In response to comment we have eliminated the reference to volunteers in this
section. Records on a volunteer must be kept only if that volunteer is counted
in the child/caregiver ratio.
Comment: We received four comments regarding §747.901(6), objecting
to the proposed rule on proof of background check requests since they are
on file at PRS.
Response: Records of background checks are necessary to protect the safety
of the children in care. We are adopting this paragraph without change.
Comment: We received one comment regarding §747.901(7), questioning
whether there should be limitations on how bad a driving record can be and
a person still be allowed to transport children, and requesting us to raise
the requirement for persons who transport children to require a chauffeur's
license.
Response: We have not historically checked driving records, nor have we
evaluated the additional fiscal impact to the child-care industry of adding
this type of record screening or requiring a chauffeur's license. Unless the
Legislature directs Licensing to develop minimum standards regarding driving
records, we believe it is minimally adequate to defer to the Department of
Public Safety's expertise in determining who may be licensed to drive. An
individual child-care employer is free to develop their own policies regarding
driving history requirements over and above the minimum standards in this
area. We are adopting this paragraph without change.
§747.903. Must I keep personnel records for my family or household
members who are counted in the child/caregiver ratio?
Comment: Twelve commenters stated the proposed rule would require five
new records to be kept on file for each individual caregiver, substitute,
and volunteer, and three new records to be kept on each household member over
14 years of age. One commenter understood the proposed rule to mean they had
to have records on all family members and objected to that.
Response: This rule does not apply to all household members, but only to
those used as assistant or substitute caregivers. Because we believe that
maintaining records on all caregivers serves to protect children, this rule
simply clarifies that there is no exception for caregivers who are also members
of the household. As a result of the comments, we are adopting this section
with changes to eliminate confusion about when records must be kept for family
and household members.
§747.905. What records must I keep for my family or household members
who are not counted in the child/caregiver ratio?
Comment: Three commenters oppose requiring that records be maintained on
household members that are not counted in child/caregiver ratios.
Response: HRC §42.056 requires background checks for "each person
14 years of age or older who will regularly or frequently be staying or working
at the facility or home while children are being provided care." We believe
this requirement clearly includes household members and reflects legislative
recognition that all such persons can have an impact on the health and safety
of children in care. We believe the three categories of records required under
this rule are the bare minimum necessary to ensure protection of children
in care, however, we are adopting this section with minor word changes for
greater clarity.
§747.909. What records must I maintain on myself?
Comment: One commenter objected to keeping records for the primary caregiver
other than the background check.
Response: Records are necessary so that Licensing can evaluate whether
the caregiver meets standards such as annual training requirements and TB
testing. We are adopting this section without change.
§747.911. Must I maintain attendance records or time sheets on caregivers
that assist me?
Comment: One commenter questioned whether her husband would be considered
a substitute caregiver if he stays at the home while she takes the other children
for a walk. One commenter indicated it was unnecessary to keep attendance
records on substitutes and does not like keeping up with the paperwork.
Response: In response to comments we have eliminated the requirement to
keep individual attendance records on caregivers.
§747.1007. What qualifications must I meet to be the primary caregiver
of a registered child-care home?
Comment: Thirty-three commenters opposed the rule on the basis that current
education requirements are adequate or that it would be difficult for caregivers
to obtain a high school diploma, GED, or alternative certificate. Sixteen
commenters opposed allowing an alternative certificate in lieu of a high school
diploma or GED, on the basis that a diploma/GED is an absolute minimum requirement
for nearly every job in the country today and that removing this requirement
for those who care for children is unacceptable. One commenter favored offering
this alternative. Two commenters thought qualifications for caregivers should
include additional hours of training or orientation.
Response: We agree with commenters that the high school diploma or GED
is considered to be the basic indicator of literacy by our society, and thus
is an appropriate minimum standard for a child-care provider. No fiscal analysis
has been undertaken to compare the costs and benefits of requiring additional
training, therefore this suggestion cannot be considered as part of this rule
adoption. This section is adopted with changes to eliminate the alternative
certificate to a high school diploma/GED as a minimum requirement.
§747.1101. Who is required to meet the qualifications specified in
this division?
Comment: One commenter opposes the proposed rule and disagrees with standards
that are biased against low-income persons.
Response: The standards are deemed to be the basic level of expertise necessary
to ensure the health and safety of children and are not intended to discriminate
against low-income individuals. We are adopting this section without change.
§747.1107. What qualifications must I meet to be the primary caregiver
of a licensed child-care home?
Comment: Six commenters opposed paragraph (a)(2) and stated caregivers
should not be required to have a high school diploma or GED.
Response: A high school diploma or GED is a requirement in the current
rules and is considered a basic indicator of literacy in our society. We are
adopting this paragraph without change.
Comment: We received 42 comments regarding paragraph (a)(5), a majority
of whom opposed the proposed rule and expressed that increasing requirements
for education and experience for a licensed primary caregiver is too costly,
too time consuming, and makes home caregiver qualifications resemble day-care
center qualifications.
Response: The primary caregiver in a licensed home may care for as many
as 12 children all day, and may also supervise assistant caregivers in some
situations. We believe that the amount of training and experience required
by this rule is the minimum needed to adequately prepare the caregiver for
this responsibility. We are adopting this paragraph without change.
Comment: We received one comment opposing the requirement in subparagraph
(a)(5)(D) to get a Child Development Associate (CDA) credential.
Response: The CDA requirement is only one of many options for qualifying
as a primary caregiver in a licensed home, moreover, caregivers presently
licensed are exempt from this rule. Thus no changes were made in response
to this comment.
Comment: We received 11 comments regarding subparagraph (a)(5)(G), all
stating that 72 hours of training in child development and 30 hours in business
management were too restrictive.
Response: This option is only one method of obtaining the required minimum
qualifications. Existing GDCH directors are allowed three years to comply
with this rule, which gives them ample time to meet these requirements as
they are accumulating their required annual training. We are adopting this
item without change.
§747.1113. What constitutes experience in a licensed child-care center,
or in a licensed or registered child-care home?
Comment: Two commenters thought they would have to attend college to meet
the proposed requirements and indicated this is not realistic. One commenter
expressed that experience is a better teacher than education. One commenter
stated that the clock hours required to meet the qualifications should not
be self-instructional or at least limited to no more than 1/4 of training
from self-instructional.
Response: The rule does not require a caregiver to obtain college credits.
The 72 clock hours of training in child development and the 30 clock hours
of training in business management required in §747.1109 can be readily
attained over the three years allowed to qualify. We recognize that a combination
of experience and education prepare a caregiver to provide healthy and safe
care for children and to operate a home-based business. Allowing training
to be obtained from self-instructional sources provides flexibility for the
majority of caregivers who may have limited training classes in their area
or limited time available outside of operating hours. We are adopting this
section without change.
§747.1119. What courses does Licensing recognize as child development?
and 747.1121. What courses does Licensing recognize as business management?
Comment: None
Response: Although no comments were received, we are adopting these two
sections with minor changes to add the word "credit" to clarify that these
sections apply to "credit" courses.
§747.1125. Must the trainer or provider of clock hours meet specific
criteria?
Comment: One commenter asked that minimum standards be created to protect
caregivers from spending their money on poor or totally useless outside training
and to protect the children from caregivers who do not receive the proper
training required under these rules.
Response: Licensing has not been given the statutory authority or appropriated
funding to regulate trainers, therefore it is the responsibility of the caregiver
to seek out and obtain quality training. We are adopting this section without
change.
§747.1139. Will Licensing keep the original training certificates
and college transcripts I submit to obtain a Licensing Child-Care Director's
Certificate?
Comment: None
Response: Although no comments were received on this rule, comments were
received on the comparable rule in Chapter 746, requesting that the standards
specify when original records will be returned. In response to this comment,
we are adopting this section with changes to clarify that original documents
will be returned along with the certificate or letter notifying the applicant
that qualifications were not meet.
§747.1203. What is the difference between an assistant caregiver and
a substitute caregiver?
Comment: One commenter suggested that a short-term substitute be held to
a lower standard than a substitute who runs the home for extended periods.
Response: The risk to children is increased if an unqualified substitute
is responsible for their care even for limited periods of time. We are adopting
this section without change.
§747.1205. Are there different qualifications for assistant and substitute
caregivers?
Comment: One commenter suggested fingerprinting should be mandatory of
everyone.
Response: HRC §42.056 does not require fingerprint checks and, due
to the high cost of conducting searches based on fingerprints, they are obtained
only for persons who have lived outside Texas in recent years or are suspected
of having a criminal record in another state. No change was made as a result
of this comment.
Comment: Three commenters oppose having different qualifications between
assistant and substitute caregivers.
Response: We believe it is appropriate to require differing qualifications
for these two types of caregivers, given the fact that they serve different
roles. By definition, an assistant caregiver will always have the benefit
of a more highly trained primary caregiver or substitute caregiver readily
available to ensure that children are properly cared for. Conversely, by definition,
a substitute caregiver must assume the responsibility and authority of the
primary caregiver in that person's absence and must be properly qualified
to fill that role. Although not in response to these comments, we are adopting
this rule with one change to remove the option of an alternative certificate
to the high school diploma/GED - which is consistent with changes made in §747.1007(2)(C)
and §747.1207(2)(C).
§747.1207. What minimum qualifications must an assistant caregiver
meet?
Comment: Eight commenters oppose the rule that would allow an alternative
certificate to substitute for the high school diploma or GED for assistant
caregivers.
Response: We concur and are adopting this section with changes based on
the comments on this rule and other related rules.
§747.1209. What qualifications must a substitute caregiver meet?
Comment: Three commenters opposed requiring substitute caregivers to meet
any qualifications.
Response: The proposed requirements are minimal and provide important safeguards
for children, such as CPR and first aid. We are adopting this section without
change.
§747.1211. Are there circumstances when I may employ a person under
the age of 18 or a person who does not have a high school diploma or equivalent
as a caregiver?
Comment: One commenter indicated we should not require a person younger
than 18 years who has a high school diploma to also have completed a child-care
career program.
Response: We believe this standard is necessary to ensure that teenage
caregivers have some education and training in caring for children. We are
adopting this section without change.
§747.1219. What does Licensing mean by the term "high school equivalent"?
Comment: None
Response. Although no comments were received, we are adopting this rule
with a minor word change for consistency with terminology used in other rules
in this chapter.
§747.1221. What does Licensing recognize as a "high school alternative
certificate in child care"?
Comment: One commenter opposed the rule, stating that this alternative
can be seen as lowering standards and de-professionalizing caregivers at a
time when they are trying to raise their level of respect and value in the
community.
Response: Since we have eliminated the option of using a high school alternative
certificate in child care to qualify under §747.1207(2)(C), this rule
is being withdrawn in its entirety.
§747.1301. What training must I ensure that my assistant caregivers
have?
Comment: Twenty-five commenters opposed this rule stating that the training
topics should not be mandated, but that caregivers should be able to choose
topics based on their own opinion of their relevancy.
Response: We are adopting this section with changes to clarify training
requirements by referring to other related rules which provide additional
detail regarding these requirements. HRC §42.0421 specifies the number
of training hours caregivers must have yearly and mandates certain topics
be covered in this training. Other topics listed in §747.1307 and §747.1309,
which focus on the health and safety of children, provide flexibility for
the caregiver to choose training based on needs and availability. Thus, no
change was made in response to comments.
§747.1303. What training must I have?
Comment: One commenter requested that the number of training hours be raised
to 40.
Response: We believe that doubling the required number of hours would impose
an undue financial burden to caregivers. We are adopting this section without
change.
§747.1305. What should orientation to my child-care home include?
Comment: Three commenters stated that orienting substitute or assistant
caregivers on all these requirements will take too long, and two requested
a synopsis to follow for orientation.
Response: For the safety of children, caregivers must have an overview
of standards, emergency procedures, abuse reporting requirements, use of first
aid equipment, and so forth. We are adopting this section without change.
§747.1307. What topics must the 15 clock hours of annual training
for assistant caregivers include?
Comment: PRS received 174 comments, 171 of which stated that it is not
necessary to require 15 hours training for substitute caregivers who assist
more than five times. One commenter stated that counting the number of times
a substitute is used would encourage fraudulent record keeping. Two commenters
asked for clarification and suggested that training include appropriate best
practices for interacting with children.
Response: The Human Resources Code requires that all GDCH employees have
the minimum required annual training; therefore we are not at liberty to waive
this requirement for a home-care provider who is a GDCH. The term "employee"
is not defined in the Human Resources Code, and we do not believe that the
legislature intended this requirement to apply to a person who assists only
on a rare or isolated occasion in a child-care home. We believe only those
individuals who routinely substitute or assist the primary caregiver should
be deemed "employees" for this purpose. In response to comment, we have increased
the number of times a caregiver can work from five to ten times in an annual
period before the caregiver would be required to obtain the annual training.
Also, in response to these and other comments, we have eliminated the requirement
to maintain attendance records for substitute caregivers, as had been proposed
in §747.801. The required training topics are already flexible enough
to include training on how to interact with children, thus no change was made
in response to this comment.
§747.1309. What training topics must be included in my annual training
as the primary caregiver?
Comment: We received 154 comments, including 149 who oppose the rule and
prefer to select their own training topics, two who state it is difficult
to obtain management training, and one who suggested a numbering method for
training certificates to cut down on fraud. One commenter indicated that the
required training hours should be increased to 70 per year, and one commenter
requested that CPR and first aid be included in the required 20 hours of training.
Response: We are adopting this section without change because we believe
the requirements are broad enough to allow caregivers wide discretion in selecting
training topics. Several options, including self-study materials, are available
to obtain management related training. Licensing does not approve trainers,
therefore it would be difficult to issue numbered certificates. An increase
in annual training hours was not proposed, and thus we have no fiscal impact
data to support consideration of this suggestion as part of this rule adoption.
The annual training hours are exclusive of CPR and first aid because they
are intended to maintain and improve the child-care skills of the primary
caregiver.
§747.1313. Who must have first-aid and CPR training?
Comment: Four commenters oppose requiring CPR and first-aid training for
all the persons specified in this rule. One commenter wanted to know if her
first aid certification, which expires July 1, 2003, and was received by self-instruction,
would comply with the rule.
Response: Training in first aid with rescue breathing and CPR prepares
the caregiver to respond timely in a medical emergency. In the
Children at the Center- Final Report of the National Day Care Study
regarding
incidents of injuries in child- care settings, it was noted that of 423 injuries,
first aid was sufficient treatment for 84.4%. Caregivers who are trained regularly
are better able to prevent, recognize, and correct safety problems. A first-aid
certification obtained by self-instruction prior to September 1, 2003, will
remain valid until the next time the caregiver is required to obtain re-certification
after these rules go into effect, at which time the new training may not be
by self-instruction. For all of the above reasons, this section is adopted
without change.
§747.1315. Must child-care training meet certain criteria?
Comment: Seven commenters opposed this rule because it permits self- instructional
training.
Response: Although some limits are placed on the amount of annual training
that may be obtained though self-instruction under §747.1325, we do not
think that self- instructional training should be completely prohibited, for
the reasons discussed in the comment and response on §747.1325. This
section is adopted without change.
§747.1325. How many annual training clock hours may be obtained from
self- instructional materials?
Comment: We received 112 comments, 34 of which supported the proposed rule,
stating that the interaction and feedback experienced in direct training were
important for adult learning. Seventy-four commenters opposed the rule, citing
concerns regarding lack of availability of training, particularly in rural
areas, and limited time available outside operating hours. Four commenters
opposed the rule because they thought self- instructional training should
not be allowed at all, or that no more than 25% of all training should be
self-instructional.
Response: We are adopting this section with changes based on the comments.
Research shows that caregiver knowledge and training are critical in protecting
the health and safety of children in care and that personal interaction with
other child-care caregivers and advocates not only promotes professional growth,
but also ensures caregivers are challenged and have access to the latest techniques
for dealing with children and their families. However, in response to comments
concerning the difficulty of obtaining direct training, we are changing the
rule to increase the percentage of annual training hours that may be obtained
from self-instructional materials as compared to the percentage that had been
proposed, which we believe strikes an appropriate balance between these competing
concerns.
§747.1327. What documentation must I provide to Licensing to verify
that training requirements have been met?
Comment: One commenter asked how the requirement for original training
certificates would affect substitute caregivers.
Response: If substitute caregivers work at more than one facility, they
generally maintain their own records and take them along when they substitute.
§747.1401. Must members of my household meet specific qualifications?
Comment: Eleven commenters objected to requiring household members to meet
background checks, training, and health requirements.
Response: We have modified the language in subsection (a) of this rule
to clarify that background checks are only required for household members
age 14 or older who are regularly or frequently present while children are
in care, which is mandated by HRC 42.056. Requirements for household members
help ensure the health and safety of the children in care. Subsection (c)
was also changed to clarify that only household members counted in the child/caregiver
ratio on more than ten occasions in a one-year period be required to meet
training requirements.
§747.1403. What must orientation to my child-care home for household
members include?
Comment: None.
Response: Although no comments were received, this section was adopted
with changes for consistency with related rule changes.
§747.1405. What are the minimum qualifications and training requirements
for volunteers and contractors?
Comment: Two commenters object to the proposed rule that requires volunteers
and contractors to complete background checks and training and maintain health
records.
Response: Background checks are specified in Subchapter F of Chapter 745.
These are required of all persons in the household 14 years of age or older
who are regularly or frequently present while children are in care. A substitute
caregiver left in charge of the child-care home in the caregiver's absence
must have at least CPR and first aid training and orientation to the child-care
home which includes an overview of the minimum standards and emergency procedures
that protect the health and safety of children. Volunteers and contractors
are required to meet the qualifications listed in §747.1401, which vary
based on the role the person plays in the child-care home. These requirements
also protect health and safety of children in care. We are adopting this section
without change.
§747.1501. What general responsibilities do caregivers and household
members have in my child-care home?
Comment: We received 56 comments, all expressing concerns that the rule
would prevent them from being able to answer the phone, clean up spills, or
collect fees from parents.
Response: We concur and have changed the rule to clarify that such activities
are not prohibited so long as they do not impede supervision of children.
Comment: One commenter opposed the requirement in paragraph (a)(5), which
as proposed, would require a child as young as 14 to recognize and report
suspected abuse or neglect of a child.
Response: In response to comment we have changed this paragraph to clarify
that Licensing will hold the primary caregiver responsible for ensuring that
children are not abused, neglected, or exploited and for reporting any suspected
abuse, neglect, or exploitation.
§747.1503. What does Licensing mean by "supervise children at all
times"?
Comment: We received 527 comments, 525 of which opposed this rule on the
basis that the proposed supervision standard should not have to be as stringent
as that required in child-care centers and that it is impossible or impractical
to expect a caregiver in a home to be in the same room with all children at
once, or to have both visual and auditory supervision of children during all
times, such as meal preparation or when a child or caregiver goes to the bathroom.
Many of these commenters requested the definition be changed to "require visual
and/or auditory awareness." Two positive commenters supported the rule as
proposed.
Response: We concur with those commenters who found that the supervision
standard was too onerous and impractical for child-care homes and the rule
is adopted with changes to address the concerns of the overwhelming number
of comments.
§747.1607. May I reduce the number of caregivers supervising children
during naptime?
Comment: Two commenters expressed issues relating to performing other duties
while caring for children and the conflict with the definition of supervision.
Response: Current group day-care home and registered home standards do
not allow for a reduction in the number of caregivers required to supervise
children during naptime. This is not a change. The comments made regarding
the definition of supervision have been addressed in the responses to the
comments under 747.1503.
§747.1609. May I adjust the child/caregiver ratio when I am opening
and closing my child-care home?
Comment: Two commenters agreed with the proposed rule but thought the wording
should emphasize that child/caregiver ratio be met.
Response: We believe that the proposed rule was clear on this point and
that no change to the wording is necessary.
§747.1701. How many children may I care for in my registered child-care
home?
Comment: Forty-six commenters supported the registered child/caregivers
ratios, which are the same as in current rule. Eight commenters stated the
proposed ratios would lower the number of children in licensed homes. One
commenter wanted to keep more than six preschoolers.
Response: This rule applies only to registered homes, so does not impact
ratios in licensed homes. HRC, §42.002(9) limits registered homes to
six children under age 14, but does allow for six additional elementary school
children, as do the proposed rules. Thus this section is adopted without change.
§747.1703. If I have an additional caregiver present to supervise
children in my registered child-care home, may I care for more children?
Comment: Thirty-four commenters opposed the proposed rule and requested
they be allowed to care for eight preschoolers instead of six if they employed
an assistant caregiver.
Response: HRC, §42.002(9) limits registered homes to six children
under age 14 except for six additional elementary school children, thus no
change was made in response to these comments.
§747.1801. How many children may I care for in my licensed child-care
home?
Comment: We received 220 comments. Seventy-two commenters opposed the adoption
of the rule in general. One hundred and three commenters opposed the proposed
rule because they are concerned that the proposed change in age brackets in
the ratio chart would lower their total number of full-time children in care,
forcing them to either increase parent fees and lose business or close due
to inability to meet costs related to the proposed change; or because they
feared that infant care would be affected by the proposed decrease in the
number of infants allowed in care, causing licensed homes to stop caring for
infants and/or an increase in overall child care fees. Seventeen commenters
opposed the proposed rule and stated that four year olds should be counted
as school-age children. One commenter expressed that three years should be
counted as school-age children. Twenty-two commenters proposed the following
ratios:
(1) 18 months - 4 years = 10, 5 years and older = 2, Total Number = 12;
(2) 18 months - 4 years = 9, 5 years and older = 3, Total Number = 12;
(3) 18 months - 4 years = 8, 5 years and older = 4, Total Number = 12;
(4) 18 months - 4 years = 7, 5 years and older = 5, Total Number = 12;
(5) 18 months - 4 years = 6, 5 years and older = 6, Total Number = 12;
(6) 18 months - 4 years = 5, 5 years and older = 7, Total Number = 12;
(7) 18 months - 4 years = 4, 5 years and older = 8, Total Number = 12;
(8) 18 months - 4 years = 3, 5 years and older = 9, Total Number = 12.
One commenter stated that the proposed chart will decrease the number of
toddler/pre-school age children that may be in care with two infants. Two
commenters opposed the adoption of this standard because they felt the ratios
should be stricter and allow for fewer children in care. One commenter supported
limiting the total number of children in care, based on the age of the youngest
child, in order to decrease risk and increase quality. One commenter agreed
with the proposed change in the age brackets in the ratio chart making it
consistent between both registered and licensed homes.
Response: We are changing the rule due to comments that a decrease in the
total number of children who may be cared for in the age group from birth
to four years would adversely impact the income of many caregivers who serve
only this age group. The ratio chart reflects the format proposed, but restores
the existing ratio chart for GDCHs and allows licensed caregivers to care
for the same number of children as are allowed under the current GDCH minimum
standards.
§747.1803. If I have an additional caregiver present to supervise
children in my licensed child-care home, may I care for more children?
Comment: None.
Response: Although no comments were received, we are adopting this section
with minor, non-substantive changes for clarity.
§747.1901. Do I need additional caregivers when I take children away
from my licensed or registered child-care home for field trips or walks?
Comment: We received 387 comments, 50 of which supported the new requirements
for caregiver/child ratios on field trips. However, 331 commenters objected
to the proposed rule, stating that it would eliminate their ability to take
children on field trips. Six commenters also objected to applying these proposed
ratios when children are taken for a walk around the neighborhood.
Response: We concur with those commenters who opposed the ratios as being
too restrictive and have revised the ratios for most age ranges to strike
a balance that eases the burden on caregivers while still providing adequate
safeguards for children. Section 747.1901(c) states that caregivers may maintain
the regular child/caregiver ratio as in the home when they take children for
a walk in the neighborhood and they do not have to meet the additional field
trip ratios. The risk to children significantly increases when children are
on a field trip away from the child-care home. Injuries and serious incidents
are more likely to occur when a child's surroundings change or when there
is a change in routine. When children are excited or busy playing in unfamiliar
areas, they are likely to forget safety measures unless an adult closely supervises
them.
§747.1903. If I provide transportation, how many caregivers must I
have in the vehicle to supervise the children?
Comment: We received 102 comments, 46 of which supported the proposed rule,
while 56 opposed it on the basis that it would be excessively difficult to
find an additional caregiver to meet these ratios. In particular, most opposing
commenters did not feel that an additional caregiver should be required in
the vehicle for every group of four children younger than two.
Response: Children under the age of two may attempt to get out of the child
safety restraint system and require more supervision while in the vehicle
than do older children. To address commenters concerns, however, we are adopting
this section with changes to clarify that an additional caregiver other than
the driver is required only when there are more than four children in the
vehicle who are under the age of two. As adopted, the rule provides that no
additional caregiver is needed above and beyond those required to meet regular
ratios, provided there are four or fewer children younger than 24 months in
the vehicle.
Subchapter E, Child/Caregiver Ratio Group Sizes, Division 5, Ratios for
Water Activities
Comment: Three commenters objected to this subchapter generally on the
basis that it would add administrative burdens and will increase requirements
for an RFH that participates in water-related activities.
Response: We believe the changes in this subchapter generally preserve
the safety of children during these activities, while setting out more reasonable
requirements for the home care setting, thus no change was made in response
to these comments.
§747.2001. Must I have additional caregivers for wading/splashing
activities?
Comment: Out of 60 comments, 46 expressed support for the proposed rule
on child/caregiver ratios for wading/splashing activities. Nine commenters
opposed the proposed rule stating they could adequately supervise a larger
number of children. One commenter requested clarification. One commenter stated
the following issue with the ratios: "Ratios for splashing pools are stated
that if I had 2 two year olds, I could take them in the pool. However, if
I had 3 two year olds, I would need another person. By having the additional
person, I therefore would be able to take 11 children in the pool! That doesn't
make sense. Even two people can't watch 11 two year olds." Another commenter
asked: "The way this rule reads, if I have 1 child under 23 months old, a
4 year old, a 5 year old, an 8 year old, and an 11 year old, I must have 1
adult for every 1 child. Why?"
Response: We are adopting this section with change to clarify the ratios
apply to all the children in care, even if not all children are in the water
and that when there is more than one child under 24 months, a second adult
must be present. We believe the ratios in the rule as adopted are the minimum
required to ensure safety of children.
§747.2005. What are the child/caregiver ratios for swimming activities?
Comment: Of 33 comments, 29 supported the proposed rule, which specifies
ratios for swimming activities. Three commenters opposed the adoption of the
standard as proposed, stating that the ratios would be difficult to meet.
Another commenter asked: "The way this rule reads, if I have 1 child under
23 months old, a 4 year old, a 5 year old, an 8 year old, and an 11 year old,
I must have 1 adult for every 1 child. Why?"
Response: We are adopting the section without change. There are extremely
high risks associated with swimming and we believe the ratios in the rule
as adopted are the minimum required to ensure the safety of children.
§747.2007. Will I be given an opportunity to comply with the child/caregiver
ratios, if my child-care home was registered or licensed before July 1, 2003?
Comment: Two commenters indicated that it does not make sense to have different
rules for registered and licensed homes.
Response: We agree with the commenters that consistency between the two
groups should be the goal and consistency will be achieved after a one-year
grace period intended to give home providers time to adjust their programs
so as to minimize a negative cost impact. During that one-year grace period,
both types of providers will be required to comply with the same standards
that currently apply to each type of provider, which are not the same. Thus,
no change was made in response to these comments. The rule is adopted with
a change to delete proposed subsection (b) which had referenced ratios during
field trips. We have also changed the date from July 1, 2003, to September
1, 2003.
§747.2009. Must I have a certified lifeguard on duty when children
are swimming in more than two feet of water? and §747.2011. May I count
the certified lifeguard in the child/caregiver ratio?
Comment: None.
Response: Although no comment was received, we are adopting these two sections
with changes to clarify that, while a certified lifeguard must be present,
this need not be in addition to the caregivers if a caregiver present is also
a certified lifeguard.
§747.2013. Must persons who are counted in the child/caregiver ratio
during swimming know how to swim?
Comment: All 17 commenters supported the proposed rule, which specifies
caregivers counted in the ratio for swimming must know how to swim.
Response: We agree.
§747.2015. May I include volunteers or household members who do not
meet minimum qualifications for caregivers in the child/caregiver ratio for
water activities?
Comment: None.
Response: Although no comment was received, we are adopting this rule with
minor word changes to clarify the types of water activities to which it applies.
§747.2101. Must I provide planned activities for the children in my
child-care home?
Comment: Eight commenters objected to the proposed rule, stating they did
not want to buy a curriculum, read a syllabus, or write daily plans. One commenter
felt that requiring age-appropriate activities would prevent mixed age groups.
Two commenters supported the rule.
Response: The proposed rule does not require caregivers to use a curriculum,
syllabus, or written daily plan and does not restrict multi-age grouping;
it only requires that activities meet the developmental levels of the children.
Section 747.2107 specifies that no written activity plan is required. This
section was adopted with minor word changes to clarify our original intent.
§747.2103. What should the activity plan include?
Comment: One commenter thought activity requirements should be more specific,
two requested a definition of naptime supervision be included in this rule,
and another questioned whether naptime was appropriate for school-age children.
Response: We are adopting this section with some changes based on comments.
Activity requirements are general in order to allow caregivers flexibility
in planning for the unique needs of children in their care. Supervision is
defined in §747.1503. The change to this rule will clarify that a rest
period can be provided for children too old to nap.
§747.2107. Am I required to have a written activity plan?
Comment: Two commenters thought that this proposed rule conflicts with
proposed §747.2101.
Response: The activity plan in §747.2101 does not require that the
plan be written, and is therefore not in conflict with this rule.
§747.2301. What are the basic care requirements for infants?
Comment: We received 157 comments, 45 of which supported the rule as proposed.
Numerous commenters expressed concern that toys appropriate for older children
may pose a safety or choking hazard to younger children, and some of these
commenters urged use of national standards to set an objective standard as
to what poses a choking hazard. Ninety-one commenters stated that the proposed
rule fails to take into consideration the uniqueness of home child-care where
various age groups share the same environment along with the caregiver. Seventeen
commenters specifically supported paragraph (3), which requires prompt attention
to an infant's physical needs.
Response: We believe that the basic care needs of the various age groups,
as set forth in the adopted minimum standards, can be harmonized within the
home setting. With reasonable organization and supervision, items appropriate
for older children can be used and stored out of reach of any younger children
in the same home to whom these items may pose a hazard. We are adopting the
section with changes based on suggestions that we adopt a specific standard,
based on the recommendations of national groups, for items posing a choking
hazard. The National Health and Safety Performance Standards specify that
items less than 1 1/4 inches in diameter, as well as toys with sharp points
and edges, plastic bags, and Styrofoam objects, be inaccessible to children
under the age of four. The federal "small parts standards" and American Society
for Testing Materials (ASTM) consumer safety specifications on toy safety
state that objects less than 1 1/4 inches in diameter should be kept out of
the reach of children under three years of age. Likewise, accreditation standards
of the National Association for Family Child Care (NAFCC) require objects
less than 1 1/4 inches in diameter be kept away from children age two and
under. Based on the research of these national groups, the rule is adopted
with changes to specify that objects less than 1 1/4 inches in diameter be
kept out of the reach of children younger than three years.
§747.2303. How must I arrange the space where I care for infants?
Comment: We received 15 comments, 14 in support and one opposed to being
required to see infants "at a glance."
Response: We are adopting this section with changes to be consistent with
changes in the definition of supervision that were made in response to comments
to §747.1503.
§747.2305. What furnishings and equipment must I have available for
the infants?
Comment: We received one comment regarding paragraph (1), requesting that
requiring a crib for non-walking infants be deleted from the proposed rule.
Response: We believe that cribs are required for the safety of infants
in the child- care setting, thus no change was made in response to this comment.
Comment: We received 74 comments regarding paragraph (3), 14 of which supported
the proposed rule. Sixty commenters were concerned about the cost of installing
a sink as required in paragraph (3). These same commenters expressed that
the uniqueness of home child-care should be considered along with the inappropriateness
of having a sink in the living room.
Response: We agree with the commenters who expressed concerns about the
cost and feasibility of requiring the sink to be in the diaper-changing area,
thus we are deleting this requirement in the adopted rule.
Comment: One comment concerning paragraph (4) stated that sharing toys
is a learning process and the number of toys available should be based on
the caregiver's budget.
Response: We are adopting this section with changes based on the comments.
The requirement in the proposed rule to have a "sufficient number of toys"
was intended to minimize one of the causes for competition (i.e., an insufficient
number of age- appropriate toys) and to ensure that each child has access
to toys that stimulate normal growth and development. It was not our intent
to discourage children from learning to share appropriately. The change made
in the adopted version of this rule should help to clarify this distinction.
§747.2307. Must the equipment I use for infants be equipped with safety
straps?
Comment: All 30 commenters supported the proposed rule, which requires
safety straps on certain types of infant care equipment.
Response: We agree.
§747.2315. Are specific types of equipment prohibited for use with
infants?
Comment: We received 17 comments, one of which supported the rule in general,
and another of which opposed the rule in general. Nine commenters stated that
bungee jumpers and baby walkers, if used properly, do not harm children. Three
commenters expressed that removing quilts and bumper pads from cribs will
make infants uncomfortable. Three commenters objected to keeping the environment
free of small toys or items that may cause choking.
Response: We are adopting this section with changes to delete information
that is duplicated in §747.2301. The American Academy of Pediatrics (AAP)
and the Consumer Product Safety Commission (CPSC) have warned that bungee
jumpers and baby walkers that move across the floor can be hazardous for infants.
We do not believe that a single caregiver supervising children of mixed ages
can provide the one- on-one supervision a bungee jumper and baby walker requires
to be used safely. The AAP and CPSC recommend that cribs be free of soft bedding,
stuffed toys, quilts, pillows, bumper pads, and comforters used for children
under six months, which has been proven to reduce the incidence of SIDS. For
these reasons, no changes were made in response to these comments
§747.2317. What activities must I provide for infants?
Comment: We received 49 comments, 46 supporting the entire section. Two
commenters had concerns about taking infants outside during periods of poor
air quality, hot weather, and when mosquitoes are present. One commenter objected
to the word "uncluttered" when referring to the activity area children use.
This commenter indicated that children playing with various toys would have
a naturally cluttered area.
Response: We are adopting this section without change. The rule does not
require that infants be taken outside in adverse conditions, only that they
be taken out when weather permits. We believe an uncluttered area for infants
and toddlers who are just learning to pull up, crawl, or walk is necessary
to prevent injury from falling or tripping on toys.
§747.2319. Are there specific requirements for feeding infants?
Comment: Nine commenters stated they should not have to hold infants when
spoon feeding those who can sit, only when bottle-feeding. Four commenters
stated they wanted more flexibility in labeling bottles. Three commenters
objected to sanitizing the high chair between uses. One commenter supported
the examples listed. One commenter objected to the definition of a "propped
bottle", stating that there are times when a caregiver cannot hold a baby's
bottle with a hand while feeding.
Response: We concur with some of the comments and have adopted this rule
with changes to allow caregivers more flexibility when feeding infants who
are able to sit unassisted, as well as more options for labeling bottles and
training cups. Propping bottles can lead to increased risk of ear infections
and tooth decay and in some instances choking, thus we are making no changes
in response to this comment. Similarly, sanitizing of high chairs between
uses is necessary to prevent infections as well as the spread of disease,
and this requirement remains in the adopted rule; however, it was revised
to clarify that only the tray of the high chair must be sanitized before each
use.
§747.2321. Must I obtain written, feeding instructions for children
not ready for table food?
Comment: We received 341 comments, all opposed to the proposed rule on
the basis that it would require daily written feeding instructions, necessitating
an untenable documentation workload. However, the commenters were not opposed
to documenting a feeding schedule initially. In addition, 45 commenters indicated
they should be exempt from the proposed rule since they are on the CACFP.
Response: We agree that the proposed rule was too burdensome and are adopting
the rule with changes to address this concern. Reviewing and updating feeding
instructions every 30 days, rather than whenever there is a change, ensures
that caregivers are following parent's instructions as the nutritional needs
of infants change while providing more flexibility for the caregiver. Feeding
instructions maintained for the CACFP will substitute for these requirements.
§747.2323. Must I provide a regularly scheduled naptime for infants?
Comment: Eight commenters opposed the proposed rule and stated that if
infants cannot be put into another room to sleep away from the older children
in care, the infants would be too distracted to sleep/rest properly.
Response: We are adopting this section without change; however, we believe
that the change in §747.1503, related to supervision, addresses the commenters'
concerns.
§747.2325. How long are infants allowed to remain in their cribs after
awakening?
Comment: We received 218 comments. Sixty-nine commenters stated that infants
should be able to remain in the crib longer than 30 minutes after awakening
to allow for "needed quiet time" and to give them an opportunity to drift
back off to sleep. One hundred and forty-nine commenters stated that the wording
"after they had awakened" is confusing because some children would take longer
than 30 minutes to fall asleep, and that these children should be allowed
to stay longer in the cribs to get to sleep.
Response: We believe that an infant is usually ready for a change of activity
of some sort after 30 minutes of being awake and content in the crib. Allowing
the child to remain in the crib indefinitely after awakening does not allow
the infant to experience the needed variety of activities/experiences during
this important developmental stage.
§747.2327. Are infants required to sleep on their backs?
Comment: Thirteen commenters indicated that parents have a right to choose
the position a baby sleeps in and opposed the proposed rule.
Response: Since 1992, the American Academy of Pediatrics has recommended
that infants be placed on their backs to sleep so as to reduce the risk of
SIDS. To minimize the risk of SIDS, we believe it is necessary to require
that children be placed on their backs unless the parent provides a statement
from a health-care professional indicating that a different sleeping position
is allowed or will not harm the infant. This rule is adopted without change.
§747.2401. What are the basic care requirements for toddlers?
Comment: One commenter requested clarification on the specific age range
the proposed rule applies to. One commenter questioned whether the proposed
rule means the younger and older children have to be cared for separately;
older children's toys may present a hazard to younger children.
Response: We are adopting this section with changes based on the comments.
The changes allow the environment to be set up to accommodate the basic care
needs of both younger and older children.
§747.2403. How must I arrange the space where I care for toddlers?
Comment: Three commenters indicated that the proposed rule would force
them to conduct all of their activities in the same room in order to "see
all children at a glance."
Response: We concur and are adopting this rule with changes to address
this concern and to be consistent with changes made to the definition of supervision
in the adopted version of §747.1503.
§747.2405. What furnishings and equipment must I provide for toddlers?
Comment: We received six comments. Three commenters pointed out that children
fight over toys even when there are a sufficient number. Two commenters expressed
concern about having to provide a low, accessible shelf for children's activities
if some of the items present a safety hazard for children under age three.
One commenter asked that the word "that" be added to the rule.
Response: We are adopting the section with changes to clarify that the
caregiver should provide enough toys to keep toddlers engaged in play and
prevent excessive fighting. The rule prepares the environment for toddlers
who have not learned to share in this stage of their development. Toddlers
may move between solitary play and parallel play but rarely play together.
We believe that having three or four of the same sought after toy is more
helpful to their learning than having one each of many different toys. The
rule requires that only items children can safely use without direct supervision
be kept in accessible containers or low shelving. Not all toys and activities
must be available to all children regardless of age.
§747.2407. What activities must I provide for toddlers?
Comment: We received 53 comments, 48 in support of the entire section.
Four commenters were concerned that naptime had to be "supervised," stating
this would require all of the children to sleep in the same room at the same
time. One commenter requested the proposed rule be changed to read, "when
air quality and environmental health conditions permit."
Response: We are adopting the section with changes based on the comments
concerning naptime supervision, which is consistent with the changes made
to the definition of supervision in §747.1503. The wording of the proposed
rule regarding weather conditions is consistent with the wording in current
minimum standards. As we interpret this language and as we have enforced it
in the past, the proposed terminology is broad enough to cover all of the
air quality and environmental health conditions about which the commenter
expressed concern, thus no change was made in response to this comment.
§747.2503. How must I arrange the space used by pre-kindergarten age
children?
Comment: Four commenters opposed the rule, stating that it requires activity
centers in homes. Two commenters said arranging spaces to allow caregivers
to supervise children would require them all to be in one room.
Response: The rule does not require activity centers; rather, it encourages
interest centers or focused-play areas where children have space to participate
in related activities. Due to the less stringent definition of supervision
that now appears in the adopted version of §747.1503, this rule does
not require that all children be in the same room at the same time. Thus,
this rule is adopted without change.
§747.2505. What furnishings and equipment must I provide for pre-kindergarten
age children?
Comment: One commenter stated there will be added expense but that the
proposed rule is a "good thing." One commenter indicated some of the changes
are good but others might be more difficult in a home.
Response: We are adopting this section with changes to be consistent with §747.2405
and to provide greater clarity.
§747.2507. What activities must I provide for pre-kindergarten age
children?
Comment: We received 46 comments, 39 in support of the rule. Five commenters
stated that supervised naptimes would require all children to sleep in the
same room at the same time. One commenter stated the proposed rule seems to
force the provider to only accept children of the same age. One commenter
stated that the requirement for large muscle activities would require expensive
equipment.
Response: We are adopting this section with a change that re-enforces the
change in the definition of supervision made in adopted §747.1503, which
should address the commenters' concerns regarding naptime supervision. We
do not believe that providing activities appropriate to one age group precludes
a provider from also meeting the needs of other age groups in care at the
same time, nor do we agree that the equipment needed to promote large muscle
development is expensive; examples of inexpensive equipment to be used in
such activities are balls, push toys, balance beams, and small wagons. Thus,
no further changes were made in response to these comments.
§747.2603. How must I arrange the space used by school-age children?
Comment: Two commenters agree that school-age children need age-appropriate
activities, but objected to moving furniture or taping the floor to delineate
interest areas.
Response: This rule does not refer to nor require moving furniture, taping
the floor, or otherwise creating physical barriers between activities in the
home. No change was made in response to these comments; however, the rule
was adopted with changes to be consistent with the changed definition of supervision
in §747.1503.
§747.2607. What activities must I provide for school-age children?
Comment: We received 48 comments, 41 of support the rule. Two commenters
object to requiring a supervised rest period for school-age children. Two
commenters requested deletion or reconsideration of the proposed rule. Three
commenters requested clarification of a supervised rest period.
Response: We are adopting this section with a change based on the comments
that re-enforces a consistent interpretation of supervision throughout this
chapter, and allows rest periods instead of naps for older children.
§747.2701. To what extent may I discipline the children in my care?
Comment: One commenter stated that discipline is important when given within
reason; however, no type of punishment should be given in front of a whole
group. Two commenters stated that the foundation of our society began eroding
when the government took away parents' right to appropriately discipline their
child.
Response: The proposed rule outlines the general purpose for discipline
and guidance, to ensure it is individualized, appropriate, and teaches acceptable
behavior and self control. It does not require that punishment be given in
front of a group. There is still flexibility within the allowed methods to
allow caregivers and parents to choose methods based on the individual needs
of each child. Thus, we are adopting this section without change.
§747.2703. What methods of discipline and guidance may I use?
Comment: Forty-three commenters support the proposed rule, including discipline
methods allowed and those prohibited. One commenter opposed the proposed rule
and expressed that parents have the right to decide what form of discipline
is acceptable for their child.
Response: The majority of commenters agreed with the proposed rule. The
rule describes positive methods of discipline and guidance, while allowing
caregivers and parents to decide on specifics within these methods based on
the individual needs of a child. Thus, we are adopting this section without
change.
§747.2705. What types of discipline and guidance or punishment are
prohibited?
Comment: We received 41 comments, 39 in support of the proposed rule that
describes the types of discipline or punishment that are prohibited. Two commenters
oppose the proposed rule and believe that parents have the right to decide
what form of discipline is acceptable for their child. These same commenters
believe discipline in child-care should be consistent with that imposed by
the child's parents providing that there is a signed statement from the parents.
Response: We believe that corporal punishment teaches children to use acts
of aggression and violence to resolve problems and perpetuates violence and
that children who have been disciplined with corporal punishment are more
prone to low self-esteem, depression, impaired learning, and future criminal
behavior; thus no change was made to the prohibition against the use of corporal
punishment. We are adopting this section with a change to remove the word
shaming, which is a duplication of behaviors listed in the rule.
§747.2707. May I discipline my own child during hours of operation?
Comment: Six commenters opposed this rule stating it is inappropriate for
Licensing to dictate how caregivers discipline their own children in their
own home.
Response: We agree, and are withdrawing this section, as well as §747.2709.
§747.2711. Must I have a written discipline and guidance policy? and
747.2713. Must I give a copy of my written discipline and guidance policy
to parents, my caregivers, and household members?
Comment: We received 65 comments on these two rules. Two commenters stated
that the proposed rule invades parental rights. Fifty-nine commenters believe
discipline should be negotiated between caregivers and parents on an on-going
basis, factoring in age and temperament of the child at the time. Three commenters
suggested the policy should reflect what the caregiver should do, rather than
what is not allowed. One commenter stated that the list is negative and may
be confusing to less-educated parents who may believe that the prohibited
behaviors are allowed and will be utilized by caregivers. One commenter stated
the information may be overwhelming and parents may not read it, this commenter
favors discussing most of this information verbally with parents.
Response: We are adopting both sections with a change to simplify the requirements
relating to written policy by allowing caregivers the option to give parents
a copy of these rules related to discipline and guidance. We believe it is
important that the discipline and guidance policies be in writing and shared
with parents so there will be no miscommunication about how the children in
care will be disciplined by caregivers. Verbal discussion with parents is
certainly not prohibited. For the reasons stated in response to comments regarding §747.2705,
we believe it is important to prohibit certain forms of discipline that may
be harmful to a child's safety and welfare. The rule does not prohibit parents
and caregivers from developing or modifying a discipline policy to meet their
individual preferences, provided this negotiated policy complies with the
minimum standards in this subchapter. Family members and other caregivers
must know how to discipline the children according to minimum standards. For
all of these reasons, no further changes were made to these two sections.
§747.2801. Must children have a naptime every day?
Comment: One commenter opposed having to supervise children while they
nap, stating it is adequate for the provider to routinely check on sleeping
children. One commenter requested the deletion of a supervised group sleep
or rest period. One commenter recommended the words "noon meal" be changed
to "lunch."
Response: We are adopting this section with some changes based on the comments.
No change has been made to the term "noon meal," because we believe the term
is less subject to confusion. Changes to the definition of supervision in
adopted §747.1503 should address supervisor concerns regarding supervision.
Caregivers must provide sleep or rest time during the day according to a child's
individual needs.
§747.2803. How long may the nap and rest time last each day?
Comment: One commenter stated when a child sleeps that long, providers
need to first determine that the child is healthy then determine if he is
getting sufficient sleep. The commenter went on to say, sometimes children
come to child-care extremely sleep deprived and the parents cannot or will
not correct the situation and asked, if providers must also deprive children
of needed sleep?
Response: We agree, and are adopting this section with changes based on
the comment. Section 747.2801 specifies that nap or sleep periods must meet
the child's individual physical needs at the time; therefore, as adopted this
rule will allow naps or rest periods for longer than three hours for a child
who has an individual need for this much sleep or rest.
§747.2805. Are children required to sleep during this time?
Comment: None
Response: We are adopting this section with minor, non-substantive changes
for greater clarity.
§747.2807. Must I provide an alternative activity for those children
who cannot sleep?
Comment: All 196 commenters believe some children may take longer than
30 minutes to go to sleep. These commenters want to be able to use their own
judgment in determining how long a child should be required to lie down if
he cannot sleep.
Response: We agree and have adopted this rule with changes to give caregivers
more flexibility in meeting the needs of individual children. It does not
require the child to participate in a quiet activity if he prefers to continue
resting.
§747.2811. May I darken the room while children are sleeping?
Comment: One commenter requested to darken the room, but wants to be able
to do other duties during naptime that she would not be able to do if she
had to be in the room with the children.
Response: Caregivers are not required to darken the room. They may choose
whether to do so. We are adopting the section without change.
§747.2901. May I take children away from my child-care home for field
trips?
Comment: We received 16 comments, 15 objecting to field trip requirements
when taking children for a walk around a neighborhood. One commenter commended
the change.
Response: We agree and are revising the rule. The change ensures safety
measures are in place to protect the children, yet provides flexibility to
caregivers and to children's activities.
§747.2903. Must I notify parents before I take a child away from my
child-care home on a field trip?
Comment: Three commenters requested that notification for a walk around
the block be clarified.
Response: Since the change to §747.2901 addresses the commenter's
concern, no change was needed to this rule in response to comment.
§747.2905. When and how must I notify parents of a field trip?
Comment: Twelve commenters objected to requiring 48 hours prior notice
of field trips, stating this would eliminate spontaneity. Several commenters
suggested a phone call any time prior to the trip would suffice for parental
notification.
Response: We are withdrawing this section based on the comments. Section
747.2901(a)(1) requires the parent give written permission to take the child
away from the home.
§747.3001. What is nighttime care?
Comment: Two commenters asked why providers need approval to provide night
care and whether it includes times that the provider's children's friends
spend the night or when their grandchildren, nieces or nephews spend the night.
One commenter asks for the definition of "occasional sleep-over program offered
at infrequent intervals."
Response: We are adopting the section with changes to address these comments.
§747.3003. May I provide nighttime care to children at my child-care
home?
Comment: Four commenters stated that nighttime care should not require
approval by Licensing if the provider is following standards and asked for
more information on how the approval would be granted. One commenter urged
that nighttime care should not include care provided for a neighbor's child
on an emergency basis.
Response: A caregiver will be deemed to be providing nighttime care only
if nighttime care is given on a "regular or frequent" basis, which would not
include the occasional times in which their own children's friends or relatives
spend the night in their homes. If a provider is caring for children during
the night hours on a regular or frequent basis, then the number of children
in the home, including those children in care and those related or visiting,
would be considered in the ratios. To ensure the safety and welfare of children,
Licensing evaluates compliance with nighttime care standards before approving
nighttime care for new child-care homes and during routine monitoring inspections
for homes that already provide nighttime care. Thus, no change to this rule
was made in response to comment.
§747.3007. What are the building, furnishing, physical space, and
equipment requirements for nighttime care?
Comment: Two commenters stated a window should be counted as an exit during
nighttime care because the fire department considers a window as a means of
escape. One of the commenters pointed out that §747.5013 states that
a window can be counted as an exit if all children in care and caregivers
are physically able to get through the window to the ground outside of the
child-care home safely and quickly.
Response: Section 747.5013 does allow windows to be counted as an exit;
however, during nighttime care a window is not a safe alternative to a lighted
exit, pathway, and door, particularly since children may have to be awakened
suddenly and may be disoriented. Thus, we are adopting this section without
change.
§747.3009. Must I provide activities for children in nighttime care?
Comment: One commenter stated it is not Licensing's business to approve
nighttime care, only to make sure that things are set up safely.
Response: Licensing would only evaluate compliance with nighttime care
standards before approving nighttime care for a home and during routine monitoring
inspections for homes that already provide nighttime care, both of which are
needed to ensure basic safety. Thus, no change was made to this section.
§747.3101. What are the basic requirements for snack and mealtimes?
Comment: Four commenters believe too much food is being required and that
there is a discrepancy between the United States Department of Agriculture
(USDA) food program and the proposed rule.
Response: The amount of food required in the rule is consistent with recommendations
of USDA. The Child and Adult Care Food Program (CACFP) administered by the
Texas Department of Human Services may require more food servings than PRS
minimum standards require; however, not all homes participate in the CACFP
and those who do not may not be able to meet higher CACFP requirements without
the monetary reimbursement provided under the CACFP. We are adopting this
section with only editorial changes for greater clarification.
§747.3103. How often must I feed children in my care?
Comment: We received 210 comments, 206 of which urged that the standard
be the same as CACFP requirements. Three commenters believe the proposed rule
encroaches on their right to provide food on a schedule of their choosing
and that of parents. One commenter stated the proposed rule encourages more
food and less exercise.
Response: The rule does not prescribe a schedule, but requires only that
a specific amount of a variety of foods be served based upon the length of
time a child is in care and following the recommendations of the USDA. Section
747.3101 gives caregivers the option of meeting CACFP requirements, addressing
a majority of commenters' concerns. We are adopting this section with changes
based on the comments and related rule changes.
§747.3105. How do I know what a child's daily food needs are?
Comment: Three commenters believe the proposed rule should be the same
as CACFP requirements and stated that the two are in conflict with one another.
Response: We are adopting this section with changes based on the comments.
The changes clarify the food requirements in a chart format and allow the
caregiver to meet either PRS or CACFP requirements. The CACFP requirements
exceed the requirements in the proposed rule. A cost impact analysis would
have to be conducted before the CACFP requirements could be proposed or considered
as a required standard for all caregivers.
§747.3107. What kind of foods must I serve for snacks?
Comment: Four commenters prefer the rule include two food groups for snacks.
Response: The nutritional requirements in the rule are a minimum and do
not preclude a caregiver increasing the nutritional value of the snack. We
are adopting the section without change.
§747.3109. May parents provide meals and/or snacks for their children
instead of my child-care home providing them?
Comment: Two commenters expressed parents have the right to choose what
their child eats, including snacks and be responsible for what their own children
eat.
Response: We agree and are adopting the section with change in response
to this comment.
§747.3111. How do I meet the needs of children who require special
diets or do not want to eat foods I serve?
Comment: Three commenters recommended that the term "licensed medical authority"
be used instead of health-care professional.
Response: In Texas, a physician is considered a licensed medical authority,
but a registered or licensed dietitian is not. In many cases, it is appropriate
for a dietician or other health-care professional to provide guidance on a
child's nutrition, thus this rule is adopted without change.
§747.3113. Must I post and maintain daily menus?
Comment: One commenter stated that he does not participate in the CACFP
because it's too much work. Three commenters stated that USDA requires that
records be kept for at least three years and 90 days or until all litigation
or audit issues for a particular fiscal year are resolved, whichever is longer.
Response: The USDA may impose more stringent guidelines than the minimum
standards. This standard was designed so that parents and others would be
able to see what their child was eating on a given day. If a child has an
adverse reaction that may be food-related, parents will be able to see what
types of foods were eaten to ensure their children's diets are appropriate.
This record is also necessary to enable Licensing to verify that nutritional
standards are met. This section was adopted with changes to satisfy the need
to maintain records of which foods are served without having to post daily
menus.
§747.3115. May I serve powdered milk and vegetable or fruit juices?
Comment: Three commenters stated the CACFP does not allow powdered milk.
Response: The CACFP may have higher requirements for those caregivers participating
in their program. The rule allows flexibility for those caregivers who do
not participate in the CACFP and do not receive the additional funding provided
by that program and is therefore adopted without change in response to these
comments.
§747.3117. What general requirements apply to food service and preparation?
Comment: We received two comments regarding paragraph (5), one stating
the proposed rule was too onerous and the other recommending the proposed
rule be changed to allow gloves.
Response: We agree and are deleting paragraph (5) based on the comments.
Comment: We received 94 comments opposing paragraph (6), which prohibits
serving food directly on a high chair tray.
Response: We agree and are adopting this rule with changes based on the
comments.
Comment: We received one comment concerning paragraph (7) urging that the
rule specifically identify foods that are choking hazards for infants and
toddlers should be specified in the rule.
Response: Such a list would be impractical in a rule; however, more detailed
guidance will be included with the publication of the minimum standards after
adoption.
§747.3119. Must I serve meals family style?
Comment: Three commenters stated the USDA requires that when the caregiver
uses family style meal service, the caregiver must ensure there is a sufficient
quantity of a required meal component in the serving bowl on the table to
provide at least the minimum required serving portion for each child at the
table. The adult supervising the meal should encourage the children to take
the appropriate serving size.
Response: The rule does not require that meals be served family style;
however, if they are served in that manner the requirements ensure a sufficient
amount of food for all children present. Thus, no change was needed in response
to these comments.
§747.3121. Are children allowed to use toothbrushes after meal and
snack times?
Comment: Two commenters opposed the labeling requirements in this rule,
stating that each child knows what color his toothbrush is.
Response: We believe labeling with the child's name helps ensure each child
will use the correct toothbrush and tooth cleaner and also allows a substitute
caregiver to know each child is using the correct toothbrush and tooth cleaner,
therefore no change was made in response to comment.
§747.3201. Must my child-care home have an annual sanitation inspection?
Comment: Seven commenters were concerned that the elimination of the sanitation
inspection is not in the best interest of children in care. One of these commenters
felt that the proposed standards lowered the health and safety requirements.
Response: A sanitation inspection is required under current minimum standards
for a GDCH, but not an RFH. We believe it is more clearly the prerogative
of local and state health authorities to determine when a sanitation inspection
is required. Home-care providers do have the option of requesting these inspections
if they choose, while some communities may require inspections by local ordinance.
We are adopting this section without change.
§747.3203. What steps must I take to ensure a healthy environment
for children at my child-care home? and §747.3205. What does Licensing
mean when it refers to "sanitizing"?
Comment: Thirteen commenters objected to the sanitation of potty chairs
and the sanitation process itself. One commenter urges that homes adhere to
state and federal laws regarding testing for asbestos and lead. One commenter
stated that after-school children be permitted to throw away their own art
scraps.
Response: This rule is based on procedures for cleaning and disinfection
which have been tested and are recommended by the Centers for Disease Control.
Proper disinfection, which is a part of the sanitizing process described in
the proposed rule, requires soaking and drenching the item for several minutes
to give the chemical time to kill the remaining germs. Allowing items to air
dry furthers this process. A cost impact study would have to be conducted
before removal of asbestos and lead could be proposed as a minimum standard
in child-care homes. The rule does not preclude children from throwing away
their own art scraps. For the above reasons, no changes were made to this
rule in response to comment.
§747.3207. What is a disinfecting solution?
Comment: Two commenters questioned whether Lysol or Clorox Wipes would
comply with the proposed rule. Two comments questioned the dilution directions
in the proposed rule.
Response: The rule permits disinfecting solutions other than bleach and
water. Directions for use of bleach and water were based on the research and
recommendations of the Texas Department of Health and the Centers for Disease
Control, thus this rule is adopted without change.
§747.3213. When must children wash their hands?
Comment: Seventy-two commenters opposed the proposed rule and indicated
specifying how often and when children should wash their hands is unrealistic
and unnecessary work for caregivers. Three commenters expressed that infants
do not need to have their hands washed after diapering.
Response: Recommendations from the Centers for Disease Control indicate
that the single most effective method to prevent the spread of germs in the
child-care setting is good hand washing by caregivers and children. Diaper-changing
particularly exposes infants and caregivers to germs. Thus this rule is adopted
without change in response to comments.
§747.3215. How must children and caregivers wash their hands?
Comment: One commenter opposed the proposed rule, stating the proposed
rule does not include the method she uses to cleanse her hands after diaper
changing, which is to use an antibacterial cream and then wash before preparing
food.
Response: We are adopting this section with changes based on the comment
to allow the use of alternate methods to cleanse hands after diaper changing.
§747.3217. Must I wash an infant's hands?
Comment: We received 18 comments, 17 opposing the proposed rule and stating
that hand washing is unjustifiable and breaks down an infant's immune system.
These commenters also wanted to exclude infants from this rule who are not
old enough to be raised to the faucet. One commenter stated the proposed rule
should be modified to say infant's hands should be washed when they come into
contact with genitalia.
Response: The Centers for Disease Control has concluded that hand washing
is the single most effective practice to control the spread of disease and
germs. The rule allows for special provisions for washing the hands of an
infant that is not old enough to be raised to the faucet. Although no change
is made in response to these comments, we are adopting this section with changed
wording for greater clarity.
§747.3221. Must I wear gloves when handling body fluids?
Comment: We received 108 comments, 102 questioning whether gloves would
be required when handling all bodily fluids. Two commenters stated common
sense would be best. Two commenters indicated requiring gloves is unreasonable.
One commenter requested clarification of the requirement to wash hands after
taking gloves off. One commenter expressed that the term "bodily fluids" was
not clear enough.
Response: The procedures specified in this rule are based on the "universal
precaution" for handling blood or other hazardous bodily fluids and is necessary
to protect the safety of all children in care. We are adopting the rule with
changes to clarify how to comply.
§747.3223. Must I use a licensed exterminator to treat my child-care
home for insects, rodents, or other pests?
Comment: One commenter objected to this rule on the basis that only licensed
pest applicators are allowed to apply pesticides in a day-care facility.
Response: A licensed exterminator is required to exterminate in child-care
centers only. This requirement does not apply to child-care homes, thus no
change was made in response to comments.
§747.3225. Are there general precautions I must take when my child-care
home is being treated for insects, rodents, or other pests?
Comment: One commenter stated it is too hard to find an exterminator who
will come to the child-care home when the children were not in care.
Response: We agree, and are revising the rule accordingly to be consistent
with pest control regulations.
§747.3227. May I use water from a private water supply instead of
a public water supply for my child-care home?
Comment: One commenter opposed this rule as being too vague, and stated
that water from a private well should be annually tested for bacteriological
content by a laboratory approved for the testing drinking water. In addition,
a chemical test for the primary drinking water standards should be conducted
initially and then every three to five years to assure that the water quality
is not degrading in the well.
Response: We are adopting this section with changes to eliminate the cost
of the annual water test for water purity, as no fiscal impact analysis was
completed for this requirement. We do not have current data with which to
complete a cost-benefit analysis of requiring an annual test.
§747.3229. May I use a septic system for sewage disposal?
Comment: One commenter indicated that TNRCC has recently changed its name
to Texas Commission on Environmental Quality.
Response: We agree and are revising the rule to reflect this change in
agency name. We are also removing the requirement to connect to a public system
when possible.
§747.3301. What steps must I follow for diaper changing?
Comment: We received 471 comments. One commenter supported the adoption
of the rule as proposed. Four commenters opposed the overall adoption of the
rule as proposed. Two hundred and seventy-one commenters did not think that
children should be dried after being cleansed and before being dressed in
a new diaper. Most of these commenters felt that disposable towels did not
leave a baby wet enough to warrant drying. One hundred and eighty-nine commenters
did not think that providers should have to obtain parental permission before
applying powders, creams, ointments, or lotions. Some of these commenters
felt that if the parents provided and labeled the ointments, etc. then permission
was implicit and others stated they supplied the ointments, etc. and used
them at their discretion with no permission from parents, implied or not.
Three commenters did not think it was feasible to wait the ten minutes required
in the sanitation steps outlined in §747.3205 between diaper changes.
One of these commenters wanted to know if placing wax paper over the cleaned
surface was adequate. One commenter stated that the first step in changing
diapers should be to put on disposable gloves. Two commenters thought that
the proposed rule required providers to wash babies with the same cloth all
day.
Response: We are revising the rule to address the concerns of the commenters
and for clarity.
§747.3303. What equipment must I have for diaper changing?
Comment: We received 173 comments, of which 126 opposed the rule because
the requirement to have hand-washing sink by the diaper-changing area is prohibitive
or otherwise inappropriate in a home setting. Eleven commenters requested
clarification. Thirty-four requested a grandfather clause as it is now. Two
use an edge on their changing table and don't use straps. One commenter commended
us for having a grandfather clause.
Response: We are adopting the section with changes to address the concerns
raised by commenters regarding the cost and feasibility of requiring a sink
next to the diaper-changing area in a day care home, and for consistency with
the changed definition of supervision in adopted §747.1503.
§747.3305. What must I do if I do not have a hand-washing sink in
the area where I change diapers?
Comment: We received 16 comments, 10 opposing the proposed rule and indicating
they would have to add a sink in the living room or den, which would not be
in keeping with a home environment. Five commenters stated more effort should
be made to wash hands, regardless of location of the sink. One commenter objected
to the requirement for a written plan.
Response: We are withdrawing the rule based on the comments concerning
the difficulty and expense of adding sinks to the diaper-changing area of
a home.
§747.3307. What must I do to prevent the spread of germs when diapering
children?
Comment: Four commenters opposed the proposed rule as being unrealistic
and unnecessary work for caregivers or questioning why hands had to be washed
if gloves are worn. Three commenters stated parents would prefer clothes and
diapers be rinsed out.
Response: We are adopting the section with some changes to allow caregivers
more options for disposing of soiled diapers, however, we are retaining many
of the same requirements in the proposed rule despite comments. The Centers
for Disease Control offers that the single most effective practice that prevents
the spread of germs in the child-care setting is good hand washing by caregivers
and children. Diaper changing particularly exposes infants and caregivers
to germs because children's hands often stray into the diaper area during
diapering and can transfer fecal organisms to the environment. Hands can become
easily contaminated with germs when removing gloves. The Centers for Disease
Control recommend that caregivers never wash or rinse diapers or clothes soiled
with fecal material in the child-care setting. Because of the risk of splashing,
and gross contamination of hands, sinks, and bathroom surfaces, rinsing increases
the risk that caregivers and the children would be exposed to germs that cause
infection. The CDC recommends all soiled clothing be bagged and sent home
with the child without rinsing, although solid feces may be dumped into a
toilet.
§747.3401. What type of illness would prohibit a child from being
admitted for care?
Comment: One commenter opposed using an armpit temperature of 99.4 degrees
as a reason for not admitting an ill child in to child care. Three commenters
questioned why behavior changes or other signs or symptoms of illness must
accompany a fever before the child must not be admitted or be sent home. Two
commenters indicated the proposed rule is an excellent provision.
Response: We are adopting this section without change. The purpose of the
rule is to prevent the spread of infectious or contagious illness. Health-care
professionals have concluded that a fever alone may not be a true indication
of a contagious illness. A fever accompanied by behavioral changes, signs,
or symptoms of illness is a better indicator of illness.
§747.3405. What if a child becomes ill while in care?
Comment: Eighty commenters stated the rule fails to take into consideration
the auditory and visual requirement in proposed §747.1503 and questioned
how they can achieve isolation or separation of an ill child while following
the supervision standard. One commenter suggested that another rule be written
in addition to rule §747.3405 stating that alcohol cannot be consumed
when child-care services are being provided.
Response: Changes made to the definition of supervision in adopted §747.1503
will address the majority of the commenters' concerns. The concern about alcohol
is addressed in §747.3503.
§747.3501. What safety precautions must I take to protect children
in my child- care home?
Comment: One commenter strongly opposes fountains. One commenter believes
a fountain is safe if it is maintained and not large enough for a child to
fall into a drain. One commenter expressed the proposed rule eliminates the
current standard requiring screens on all doors and windows, which may lead
to a West Nile virus outbreak and also requested that open wells be prohibited.
Response: No change was made in response to comments because we believe
the proposed rule provides for protection of children without being unduly
prescriptive. Paragraph (7) of this rule allows bodies of water, such as fountains
or wells, on the premises, but only if they are made inaccessible to children,
which should ensure their safety. Section 747.3223 requires the home to be
free of insects, rather than specifying doors and windows be screened. The
provider may determine how best to keep the home free of insects which could
present a health hazard. This rule is adopted with changes based on internal
review to clarify that certain toy chests or other storage equipment be designed
and used in such a manner as to prevent a child from being trapped inside
these items.
§747.3503. How may I ensure the safety of the children from other
persons?
Comment: One commenter asked if the proposed rule applies to a child's
parents, and if this means caregivers may refuse to release a child to a parent
who is under the influence of drugs or alcohol. One commenter asked if subsection
(a) includes persons convicted of a crime listed in §745.651 or does
it just bar persons who appear dangerous at the moment. The same commenter
also asked if health includes mental health. Two commenters stated that "controlled
substances" is police jargon, and asked that this be changed to be more specific.
One commenter stated the words "including the caregiver, assistant caregiver
and substitute caregiver" should be included after the word "people" in subsection
(d). One commenter asked that "during operating hours" be deleted, and stated
there is no harm for someone to smoke on the playground if children are not
outside.
Response: The presence or actions of people can cause injury to children,
and therefore must be managed. The rule does apply to the parents of the children,
when the parents are in the child-care home while children are in care. A
caregiver may refuse to release a child to a parent in order to protect the
child when it is obvious the parent is physically or mentally impaired due
to drugs or alcohol and unable to drive or care for the child. Subsection
(a) applies not only to persons with criminal convictions listed in §745.651,
but also to persons whose behavior and/or mental health appears to endanger
the children. "Controlled substances" is used because it has specific legal
meaning, as defined in the Health and Safety Code. A list of "controlled substances"
can be provided by Licensing on request. Subsections (b) and (c) apply to
anyone in the home on a regular or frequent basis, including a person who
transports children or takes them on field trips. Therefore, the words caregiver,
assistant or substitute would limit the scope of the rule. The rule prohibits
persons from smoking in the presence of children, both indoors and outdoors,
when children are in care due to the risks from passive smoke, including smoke
on a caregiver's clothes and because we do not believe that professional care-givers
should model this behavior when children are in care. For all of the above
reasons, this rule is being adopted without change.
§747.3601. May I administer medications to children at my child-care
home?
Comment: Two commenters oppose the proposed rule requiring medication to
be in the original container.
Response: The rule is not a change from the current minimum standards and
will be adopted without change. This section protects the safety of the child
since the information on the original container assists the caregiver in giving
the right medication to the right child, exactly as the label indicates, and
provides needed information in an emergency.
§747.3603. If a child has a recurring medical problem, may the parent
sign an authorization to administer the medication as needed?
Comment: Two commenters indicated parents and providers should have the
right to agree on verbal or written permission to give medication through
the child-care contract.
Response: The rule is not a change from the current minimum standards and
does allow a parent to authorize medication on an "as needed" basis, thus
no change was made in response to comment.
§747.3607. How must I store medication that I administer to a child?
Comment: One commenter requested clarification on what is meant by keeping
medication separate from food.
Response: Keeping medication separate from food by placing the medication
in a container such as a covered plastic bowl or box or sealed zip bag reduces
the risk of food becoming contaminated by medication which has spilled. The
rule is currently required for both an RFH and a GDCH and is adopted without
change.
§747.3703. Must I keep documentation of vaccinations for the animals?
Comment: Three commenters questioned the need for health statements for
animals in the home.
Response: No change is made in response to these comments, since a statement
of health from a local veterinarian who is trained to assess the health of
animals and the spread of disease through direct or indirect means is important
to decrease the health risk to children who are more vulnerable to disease.
We are adopting the section with changes for greater clarity.
§747.3705. Are any animals prohibited from being at my child-care
home?
Comment: Forty-eight commenters support the proposed rule. Five commenters
opposed animals being prohibited from the child-care home.
Response: We are adopting the section with changes based on the comments.
There is a high risk of contracting and spreading salmonellosis by either
direct or indirect contact with the specified animals. The rule is based on
recommendations from the Centers for Disease Control, the Texas Department
of Health Zoonosis Control Division, and modifications made by the Texas Legislature
to Chapter 81 of the Texas Health and Safety Code.
§747.3901. Who may I release children to?
Comment: One commenter stated that the proposed rule lowers current standards,
which require parents to specify in writing who can pick up their child.
Response: Section 747.605, paragraph (7), requires a parent specify the
names of person(s) other than the parent who may pick up a child, thus no
change is needed in response to comment.
§747.3903. How do I, or someone assisting me in my child-care home,
verify the identity of a parent or a person a parent has designated to pick
up the child?
Comment: One commenter indicated that subsection (b), requiring the caregiver
to check the identity of persons designated by the parent to pick up children,
will not work in a home staffed by a single caregiver. The commenter stated
that she could record the driver's license number, but if she is outside recording
the car tags who would be supervising the children?
Response: We agree and are revising the adopted rule to provide some examples
to be considered; however, the primary caregiver's policy must include a means
to record the identity of the individual that best suits her situation and
protects the safety of the children in her care.
Comment: One commenter indicated that in subsection (c) it is grossly improper
for minors to release children to people they do not know. It is the child's
duty to not let strangers in the home. If strangers come, they should call
their parent to handle the release of a child.
Response: We are adopting the subsection with changes for clarification.
The rule does not require minors to release children in care. It does however
require the primary caregiver to instruct all caregivers and household members
who are 14 years old and older in the policies for the release of children
developed by the primary caregiver. This procedure helps to ensure that children
are not released to the wrong person, if a household member should answer
the door or telephone in the child-care home.
§747.4001. How many square feet of indoor useable activity space must
I have for each child?
Comment: Fourteen commenters opposed the rule as being too onerous for
providers who live in small homes or apartments. Another commenter stated
a caregiver should show useable space because some homes were too crowded
for the children. One commenter stated that to deny the right to have a daycare
home in an apartment or home with limited space, or above or below ground
level is discrimination against a caregiver's rights.
Response: We are adopting this section without change. The vast majority
of homes and apartments meet the minimum square footage in the proposed rule,
which is 360 square feet at most. To minimize the impact on current providers,
all homes registered and licensed before September 1, 2003, are exempt from
this requirement. Children need a minimum amount of space to engage in activities
that allow for growth and development. Moreover, adequate space reduces risk
of injury to children which results from overcrowding. Care for children above
or below ground level places children at greater risk due to the need to ensure
safe evacuation of children in an emergency.
§747.4003. May I care for 12 children if I do not have 30 square feet
of indoor useable activity space?
Comment: Three commenters disagreed with being limited to fewer than 12
children if they do not have at least 30 square feet for each child.
Response: Most homes and apartments meet the maximum square footage in
the proposed rule and would not have to be limited to fewer than 12 children.
All homes registered and licensed before September 1, 2003, are exempt from
this requirement. For these reasons, as well as the health and safety reasons
indicated in response to §747.4001, this rule is adopted without change.
§747.4005. What does Licensing mean by "indoor useable activity space"?
Comment: One commenter stated parents approve of the caregiver's indoor
space when they choose to place their child in the caregiver's care.
Response: The minimum square footage requirements may include the area
occupied by furniture used for or by the children in care. For this reason
and the health and safety reasons previously discussed, this section is adopted
with only one minor change to remove the subjective word "creative" from paragraph
(4).
Comment: One commenter disagreed with paragraph (2) stating it requires
areas of interest or activity stations, which would be unsafe when caring
for children of mixed ages in a home.
Response: No change is made in response to this comment since the rule
does not require creation of formal interest centers, but allows for "focused
play areas" where children have space to participate in related activities.
§747.4009. Do the indoor useable activity space requirements in §747.4001
apply to my home if it was registered or licensed before July 1, 2003?
Comment: We received four comments on this rule, opposing the square footage
requirements, asking how much time a caregiver would have to comply with the
requirement, and seeking clarification of the term "until your permit is no
longer valid."
Response: We are adopting this section with changes based on the comments
and to clarify the exemption. The commenters, as current permit holders, are
exempt from the requirement in §747.4001 as long as their permit to operate
is valid. A permit to operate may become invalid for a number of reasons.
For example, moving to a new home would invalidate a permit and the provider
would no longer be exempt from this requirement if a new permit was sought
to operate in a new location. We are also changing the date from July 1, 2003,
to September 1, 2003.
§747.4011. How does Licensing determine the indoor useable activity
space?
Comment: None.
Response: Although no comment was received on this section, we are adopting
it with a minor wording change to clarify that floor space occupied by furniture
or other stationary items that are not used by children may not be counted
in the useable activity space.
§747.4013. May other programs use my indoor useable activity space
at the same time I have children in care?
Comment: Two commenters stated it is not clear what the term "other programs"
means in the proposed rule, and another sought clarification of whether the
proposed rule prohibited another caregiver from visiting with her children.
Response: The rule requires that when children are in care their usable
space cannot be shared with other programs such as clubs and activities that
are not for children in care. The rule would not prevent the occasional visit
by another caregiver and her children, unless such visits occur regularly
or frequently.
§747.4015. May I care for children above or below ground level?
Comment: One commenter stated that the proposed rule should address the
caregiver's ability to evacuate non-walking children. Four commenters opposed
the proposed rule and expressed that it's discriminatory to prohibit child-care
homes from caring for children above or below ground level or in an apartment.
Response: No change is needed in response to these comments since the rule
specifying what is needed in an evacuation and relocation plan is §747.5003,
and the proposed rule does not categorically prohibit care above or below
ground level; rather it requires written approval from either a state or local
fire marshal to ensure that children in care can be safely evacuated in the
event of fire.
§747.4101. How many square feet of outdoor activity space must I have?
Comment: We received 15 comments. Six commenters stated that they have
small yards and that apartment dwellers would not be able to meet the space
requirements in the proposed rule. Two stated the proposed rule would prohibit
new, qualified people from becoming licensed. One commenter stated the proposed
rule would also keep people from moving. Three commenters stated the proposed
rule was a burden. Two commenters stated some people could have great yards
in a small space and some could have bad ones in more space. One commenter
stated the proposed rule would be a difficult change.
Response: We are adopting this section without change. Current permit holders
are exempt from meeting the requirement. Section 747.4113 allows caregivers
to have the option to use outdoor space that is not connected to the home,
such as a nearby park, schoolyard, or other alternative, if safety precautions
can be met.
§747.4103. Do the outdoor activity space requirements apply to my
home if it was registered or licensed before July 1, 2003?
Comment: One commenter disagreed with the outdoor space requirement
Response: The rule exempts current permit holders from meeting this requirement.
Research indicates growing children need ample outdoor space for gross motor
activities and large muscle development. We are changing the date from July
1, 2003, to September 1, 2003.
§747.4105. Must I fence the outdoor activity space area? and §747.4107.
Does the fence requirement apply to my home if it was registered or licensed
before July 1, 2003?
Comment: We received 112 comments, 109 of which opposed the rule on the
basis that some providers do not have a backyard; that city ordinances may
prohibit a fence in the front yard; that the cost of installing a fence is
prohibitive, and/or apartment dwellers and other renters would not be allowed
to install fences. Three commenters supported this rule.
Response: We believe that this fencing requirement is necessary to keep
children in care safe, and thus no change is made in response to comment.
Current permit holders will have one year to comply with the requirement.
Caregivers also have the option under adopted §747.4113 to use outdoor
space not connected to the home as an alternative to achieve minimum compliance
with this standard. We are also changing the date from July 1, 2003, to September
1, 2003.
§747.4109. How many exits must I have from my fenced outdoor activity
space area?
Comment: One commenter stated that requiring two exits from a fenced play
yard, along with all the other outdoor requirements, would prevent apartment
dwellers and other renters from becoming legal providers of child care.
Response: Caregivers have the option, in proposed rule §747.4113,
to use outdoor space not connected to the home such as a nearby park, schoolyard,
or other alternative. This could include a play area of an apartment complex.
§747.4117. May other programs use the outdoor activity space at my
child-care home at the same time I have children in care?
Comment: Three commenters stated the term "other programs" is not clear
and questioned if this means others cannot use the yard when children are
in care. One commenter questioned whether the term means another provider
could not bring her children over for a special activity.
Response: The rule requires that when children are in care their usable
space cannot be shared with other programs such as clubs and activities that
are not for children in care.
§747.4203. Where must the sink and toilet be located for children's
use?
Comment: One commenter does not agree that a child should be able to access
a toilet or sink safely and independently.
Response: Equipping sinks and toilets with steps allows the child to learn
independence and self-help skills while using these fixtures safely. The rule
does not preclude a caregiver from assisting or supervising a child while
in the restroom.
§747.4207. May potty-chairs be used?
Comment: One commenter stated that cleaning and sanitation be added to
the use of potty chairs.
Response: Cleaning and sanitization requirements are covered in §§747.3203,
747.3205, and 747.3207, thus no change is needed in response to this comment.
§747.4209. Do I have to use toilets and sinks that are sized for children?
Comment: Two commenters disagreed with the rule that requires anchored
steps or a platform for children that cannot reach toilets or sinks.
Response: The rule protects children from accidents resulting from over
reaching or climbing onto fixtures that are not accessible.
§747.4211. May the doors to the restrooms have locks on them?
Comment: One commenter stated that the supervision requirement could not
be met if children are allowed to lock bathroom doors when using them.
Response: Allowing locks on bathroom doors will not violate supervision
requirements and will allow members of the household to maintain privacy while
in the bathroom, if they choose to.
Comment: One commenter states that if a four-year old child is old enough
to go into the rest room while everyone is outside he should be allowed to
do so.
Response: The rule requires that caregivers be in or near the restroom
when children under five years are inside, only when the restroom has door
locks within children's reach.
§747.4303. Must I provide a cot or mat for each child to sleep or
rest on?
Comment: Five commenters disagreed with the proposed rule requiring mats
for sleeping and asked that blankets or other alternatives be used.
Response: Sleeping arrangements for infants are described in Subchapter
H. School-age children are allowed individual arrangements for sleep or rest,
while other children need a waterproof or washable cot, bed, or mat to ensure
hygiene and that the child's needs are met.
Comment: Two commenters disagreed with subsection (a) that requires a crib
for non-walking infants and stated a playpen should be allowed instead.
Response: Cribs are necessary for sleeping infants for safety reasons.
We are, however, adopting this subsection with a change to be consistent with
the changed definition of an infant to a child under 18 months of age.
Comment: Two commenters disagreed with subsection (b), requiring mats be
labeled with the children's names.
Response: Labeling of mats helps ensure proper sanitation and safety, however,
we have revised this subsection to allow alternative means of labeling.
§747.4305. Must I have storage for each child's individual belongings?
Comment: PRS received 68 comments. Sixty-three of the commenters objected
to mandating cubbies in homes because they are institutional. Two commenters
objected to labeling the storage space. Two commenters wanted school-age children
to be able to use backpacks for individual storage. One commenter expressed
limited space would make it difficult to comply with the proposed rule.
Response: We disagree. The rule does not require cubbies for each child
but does require a caregiver to have some type of storage space for each child's
belongings such as, baskets, separate hooks, shelves, or other types of storage
space. Labeling is necessary to ensure children and their parents can tell
which space holds the child's belongings.
§747.4307. Must I have a telephone at my child-care home?
Comment: We received 70 comments, all who disagreed with listing their
phone numbers and stated this invades personal privacy, parents know the phone
numbers, and listing does not guarantee they can be reached in an emergency.
Response: We disagree. A listed phone number is necessary to ensure parents
and others may always be able to contact the caregiver when necessary.
§747.4309. May I have indoor climbing equipment, such as slides or
lofts?
Comment: PRS received 71 comments. Forty-eight of the commenters supported
the rule and recommended compliance in one year instead of five. Twenty-three
commenters opposed the proposed rule, stating children will climb on shelves
and tables if climbing equipment is not available and carpet should be adequate
surfacing under equipment, requesting the height be changed to 24 inches,
or questioning why railings are required.
Response: Based on comments we are adopting this section with change to
require that resilient shock-absorbing materials only be required when climbing
structures are over hard surfaces such as tile, wood, and concrete. This change
is consistent with current minimum standards. Additional changes were made
to eliminate the requirement of a protective barrier and to clarify the requirement
to concerning hand rails, which help to prevent falls. Falls to the surface
are the leading cause of injuries in children. Shock absorbing surfaces can
help disperse the momentum of a falling body or head, thus, reducing the risk
of life threatening injuries.
§747.4311. If my child-care home was registered or licensed before
July 1, 2003, will I be given an opportunity to comply?
Comment: Thirteen commenters support the rule. Twenty-nine commenters support
the proposed rule and requested the time to comply be reduced from five years
to two years.
Response: Allowing the full five years for compliance helps caregivers
to plan for the cost to comply or allows time to consider other options consistent
with minimum standards. We are changing the date from July 1, 2003, to September
1, 2003.
§747.4401. What minimum safety requirements must my outdoor equipment
meet?
Comment: Forty-four commenters stated that they supported this section
without changes. Six commenters were opposed to the proposed rule.
Response: Children must be protected from falls, which are a common source
of serious injury, thus no change was made to this rule.
§747.4403. Are there some types of equipment that children must not
use?
Comment: Two commenters objected to removing the equipment listed in the
proposed rule from their outdoor play areas.
Response: We are adopting the section with changes for clarity only. The
Consumer Product Safety Commission and other national playground safety experts
have found the listed equipment to cause an unacceptable number of deaths
and injuries in children.
§747.4405. Are there additional equipment restrictions for children
ages two through five years?
Comment: Two commenters asked for clarification on the types of equipment
listed in the proposed rule. Two commenters did not want to exclude younger
children from using these types of equipment.
Response: The Consumer Product Safety Commission strongly recommends that
children ages two through five years not be allowed to use this equipment
because they lack the developmental ability to use this equipment in a safe
manner.
Subchapter U, Outdoor Safety and Play Equipment, Division 2, Swings; Division
3, Playground Use Zones; and Division 4, Playground Surfacing
Comment: Eighteen commenters stated that the proposed rules are more stringent
than those recommended by the American Academy of Pediatrics and National
Accreditation standards (NAFCC).
Response: The American Academy of Pediatrics has not made recommendations
regarding playground safety, but was a partner with the American Public Health
Association in publishing the National Health and Safety Performance Standards,
which either support or are more stringent than the proposed rules. There
are instances when the NAFCC's standards are either (1) silent on issues that
the proposed rules address, such as playground surfacing and safety requirements
for tire swings; (2) consistent with the proposed rules, such as use zone
requirements for swings. The accreditation standards of the National Association
of Family Child Care (NAFCC) do not conflict with the proposed rules, rather
they complement one another. The NAFCC's standards require that "The provider
is licensed, registered, or certified (unless unavailable in the state). There
is no evidence that any regulatory standard is violated".
§747.4501. What are the safety requirements for swings?
Comment: One commenter did not want to detach the slide from her swing
set.
Response: We are adopting the section with changes. The changes allow an
exception for "swing sets" designed for residential use. Section 747.4401
requires all outdoor equipment design, scale, and location be appropriate
for the body size and ability of the children. These swing sets are generally
appropriate for children under the age of five years. This combined with appropriate
supervision reduces the risk to younger children falling or walking into the
path of the swing while entering or exiting the slide.
§747.4503. Are there additional safety requirements for bucket swings
designed for tots?
Comment; None.
Response: We are adopting this section with changes to remove the word
"protective surfacing" to correspond with our deletion of requirements regarding
resilient surfacing.
§747.4601. What does Licensing mean by the term "use zone"? and 747.4615.
Do these use zone requirements apply to my child-care home if it was registered
or licensed before July 1, 2003?
Comment: One commenter supported the proposed rule. Three commenters felt
the proposed use zones did not need to change or that they are not needed
at all.
Response: No changes are being made as a result of the comments. Research
by the Consumer Product Safety Commission indicates 75% of playground injuries
are the result of falls to the surface or falls from one piece of equipment
onto another. Playground injuries are the second leading cause of deaths and
injuries in children. Use zones or "fall" zones ensure that the area in and
around equipment is free of items that a child may fall onto or collide with,
such as trees, fences, other pieces of equipment, landscape timbers, etc.
Thus, the adopted rule will make outdoor play safer for children. Currently
licensed and registered caregivers are only required to continue to meet current
standards for fall zones. These homes would not have to comply with the proposed
rules unless their permit became invalid and they sought to obtain a new permit.
We are revising this section to change the date from July 1, 2003, to September
1, 2003.
§747.4607. How do I measure the use zone for to-fro swings?
Comment; None.
Response: We are adopting this section with changes to remove the word
"protective surfacing" to correspond with our deletion of requirements regarding
resilient surfacing.
§747.4701. What type of surfacing must I have under my outdoor equipment?,
747.4703. What are acceptable loose-fill surfacing materials?, and §747.4705.
How should loose-fill surfacing materials be installed?
Comment: We received 514 comments regarding these sections. Three hundred
and ninety-seven commenters opposed the requirement to have loose-fill or
unitary surfacing materials under outdoor equipment. The overwhelming majority
of commenters stated either that grass should be an acceptable resilient surface
for cushioning children from falls or that this requirement is not in keeping
with the home environment. Other objections centered around the cost of the
materials and other hazards they might present to children such as getting
gravel into their noses and mouths, getting splinters from wood chips and
being exposed to insects and animal feces in sand. A number of commenters
stated that hoses could be stored neatly in the play yard. Fifty-nine of the
commenters suggested the proposed rule be replaced with a standard from a
home care association, i.e., that "Cushioning materials are placed under climbers,
swings, and slides over 36 inches high, both indoors and out." Forty- three
commenters supported the proposed rule, however 30 of these wanted homes to
comply within two years, rather than five years. Nine commenters understood
that the proposed rule required a resilient surfacing under any equipment
two-foot or higher. Six commenters stated they would remove all equipment
rather than comply.
Response: We do not agree that grass provides as safe a resilient surface
as the materials required under the proposed rule. Moreover, we believe that
the "cushioning materials" urged by some commenters are the very same materials
as those detailed in our proposed rule. Nonetheless, it is clear from the
overwhelming number of public comments received that the proposed standards
would impose too great a burden on home-care providers, and thus we are withdrawing
these three rules in their entirety.
§747.4801. What safety precautions must I follow when children in
my care use a swimming pool?
Comment: Two commenters were supportive of paragraph (3), however one commenter
recommended that drain grates should be ASME/ANSI 112 approved grates that
meet criteria outlined in proposed Texas Department of Heath (TDH) rules.
We are also making a minor drafting change to paragraph (4) for greater clarity.
Response: Section §747.4803 requires that pools be maintained according
to TDH standards.
Comment: One commenter pointed out that an editorial change needed to be
made in paragraph (8) by replacing the word "children" with "child" and recommended
that the rule should read as follows: An adult must be present who is able
to immediately turn off the pump and filtering system when a child is in a
pool.
Response: We agree and are revising the paragraph.
Comment: One commenter recommended that the words "and/or other objects"
be included in paragraph (9).
Response: After considering the implications of this paragraph as proposed
or as urged by the commenter, we have decided to delete paragraph (9). The
proposed rule would have prevented the home-based caregiver from having outdoor
furniture.
§747.4803. How should the swimming pool be built and maintained?
Comment: One commenter stated that since no sanitation inspection is required
of pools, inspectors would be unaware of which homes have swimming pools that
are used as part of their child-care program and no inspection would be performed
to determine if the pool was built and is being maintained in accordance with
Texas Department of Heath (TDH) regulations and other applicable state or
local regulations.
Response: We are adopting this section with changes. PRS Licensing representatives
can request that local heath authorities, municipalities, or TDH inspect the
pool if there is a complaint, concern, or if a problem is observed.
§747.4807. Must I have a fence around a swimming pool at my child-care
home?
Comment: Forty-six commenters were in favor of the proposed rule. Seven
commenters opposed the proposed rule, stating the proposed rule was in addition
to excessive administrative burdens, or conflicts with a pre-existing fence.
One commenter stated that a wooden fence would prevent a provider from seeing
if a child is inside the pool area. One commenter wanted an alternative for
an above ground pool.
Response: We are adopting this section with changes based on the comments.
The change will lower the height requirement to be consistent with Texas Department
of Health regulations concerning fences around pools, and will permit a wider
choice of barriers. The rule does not prescribe what materials should be used
to prevent children from entering the pool area due to large variation in
cost, availability, and local requirements across the state. We believe that
the revised rule, in conjunction with adequate supervision, will adequately
protect children.
§747.4811. If I do not have a fence around the pool at my child-care
home before July 1, 2003, will I have an opportunity to comply?
Comment: All 44 commenters supported the proposed rule that allows providers
one year to comply with the requirement to install a six-foot fence around
their swimming pools.
Response: We are not revising this section because of the comments. We
are, however, changing the date in the rule from July 1, 2003, to September
1, 2003.
§747.4815. Are there specific safety requirements for sprinkler play?
Comment: One commenter stated that not all concrete becomes slippery when
wet and suggested that sprinkler play be prohibited if the surface becomes
slick when wet. Two commenters requested clarification regarding water hoses.
Response: We agree, and are adopting the section with changes based on
these comments.
§747.4901. Must I have a fire inspection of my child-care home?
Comment: Seven commenters asked that we re-instate the requirement for
a fire inspection since this requirement kept them on their toes and gave
parents a sense of security. The commenters also stated that eliminating fire
inspections lowers GDCH standards.
Response: Although a fire inspection is currently required for a GDCH,
it is not required for an RFH. To achieve consistency between these two types
of home providers, we opted to eliminate this requirement for GDCHs, rather
than to impose this as a new requirement for all RFHs, who comprise a majority
of home-care providers. Most city and state ordinances do not require these
checks for homes, and since an expansion of this requirement to all RFHs would
impact the resources of local and state fire authorities, we believe the decision
of whether or not to require such an inspection in day-care homes should be
left to the governing bodies who would have to fund and conduct such inspections.
Home care providers may voluntarily obtain such an inspection. No change was
made in response to these comments; however, we are adopting this section
with a change to add a reference to a related rule, for greater clarity.
§747.5001. What is an emergency evacuation and relocation plan?
Comment: Two commenters indicated they do not need a written evacuation
plan since all of the children in care who are old enough know how to call
911.
Response: We believe a written evacuation and emergency relocation plan
serves several safety-related purposes. It ensures that the primary caregiver
has given careful thought, in advance, to the different options that may be
available for handling a variety of emergency situations that could arise.
The plan also provides direction for substitute and assistant caregivers,
and provides valuable information for household members. Practicing the plan
is essential to be prepared to respond quickly and safely in an emergency.
Teaching children of sufficient maturity about making a 911 call may certainly
be part of an emergency plan, however, an emergency often requires swift action
prior to the arrival of an emergency response team. Moreover, it is the primary
responsibility of the adult caregivers to know how to protect the children
in the event of an emergency.
§747.5003. What steps must my emergency evacuation and relocation
plan include?
Comment: Sixty-nine commenters expressed concern about the proposed requirement
to remove children's records in emergencies.
Response: We are adopting this section with changes based on the comments
to clarify that the only records which should be removed are those required
to give emergency notification to parents or those relating to emergency medical
treatment, and to clarify that a caregiver may make the call to the fire department
from another location if circumstances make it unsafe to make the call before
evacuating the premises.
§747.5005. How often must I practice my emergency evacuation and relocation
plans?
Comment: One commenter stated that a fire drill should be practiced monthly,
to include at least two severe weather drills each year.
Response: No change is needed in response to this comment since the proposed
rule does require monthly fire drills and one severe weather drill every six
months.
§747.5009. Must I post an emergency evacuation and relocation diagram?
Comment: One commenter recommended the evacuation and relocation diagram
be posted at all times as the caregiver may be away from the home in an emergency
and may not have time to post this for the substitute caregiver.
Response: In the home-based care setting a primary caregiver is with the
children the majority of the time and knows the evacuation routes from her
home. We have revised the rule in response to this comment to specify that
the plan must be made readily accessible to a substitute.
§747.5011. How many exits must my child-care home have?
Comment: Twenty-four commenters oppose leaving doors unlocked for safety
reasons.
Response: We agree, and are adopting the section with changes based on
comments.
§747.5013. May I count a window as one of the designated exits for
my child-care home?
Comment: One commenter requested the proposed rule specify the window size
and height if a window is used as an exit.
Response: Local building code ordinances, which vary across the state,
may already regulate the minimum window dimensions which can be used for fire
or emergency egress, thus we do not believe it would be appropriate to set
one standard applicable to all homes regardless of location. To protect the
children in care, the size of the window need only be sufficient to allow
both the caregiver and all of the children in care to exit safely and quickly
through the window to the ground outside. No change was made in response to
this comment.
§747.5015. Must I have emergency lighting in case of an emergency
evacuation?
Comment: Five commenters indicated they don't need a flashlight as they
only operate in daytime hours and have windows for daylight.
Response: We are adopting the section with changes based on the comments.
Weather conditions can affect availability of natural light and electricity.
§747.5103. What type of fire extinguisher am I required to have?
Comment: One commenter indicated it is too expensive to buy a new fire
extinguisher.
Response: The rule allows an existing RFH to have at least one 40BC fire
extinguisher, which is required in current rule, until that fire extinguisher
is due to be serviced or the permit to operate is no longer valid. A fire
extinguisher approved by the local fire marshal is allowed in this rule and
also in the current rule. Thus, no change was made in response to these comments.
§747.5105. Where must I mount the fire extinguisher?
Comment: None.
Response: We are adopting this rule with changes to clarify that the provider
may follow the instructions of a state or local fire marshal about where to
mount the fire extinguisher if those instructions vary from this standard.
§747.5107. How often must I inspect and service the fire extinguisher?
Comment: Six commenters requested that fire extinguishers be inspected
annually instead of monthly. One commenter objects to being told to consult
the local fire or state marshal regarding a different size fire extinguisher.
Response: No changes have been made in response to comment. We believe
that a monthly check of the fire extinguisher is required to ensure that it
is ready for use in an emergency. Documentation of the check assists in tracking
monthly checks.
§747.5109. How often must I inspect my sprinkler system?
Comment: One commenter does not see the need to have a sprinkler system
tested annually.
Response: Fire prevention equipment in the home can only protect children
if it is in good working order, and we believe that an annual test is a minimum
safety requirement, thus this rule is adopted without change.
§747.5111. Must my child-care home have a smoke-detection system?
Comment: Five commenters stated they do not need a smoke detector in every
room used by children, such as the bathroom. Two commenters stated smoke detectors
should be required to be battery operated.
Response: No change was made in response to these comments since we believe
a smoke detector in each room where care is provided is necessary to ensure
the caregiver and children are timely warned of a fire emergency. We have
no basis for believing that children cannot be adequately protected by an
electronic alarm, thus believe providers should have the option of using a
battery-operated or electric alarm system.
§747.5115. How often must the smoke detectors at my child-care home
be tested?
Comment: One commenter opposes the proposed monthly smoke detector tests.
Response: This standard ensures that smoke detectors in the home are in
good working order. This helps ensure the safety of the children in care.
§747.5201. Must I have my child-care home inspected for gas leaks?;
747.5203. Who must conduct the annual inspection for gas leaks?; §747.5205.
How do I document that a gas leak inspection has been completed?; and §747.5207.
Must I make all corrections specified in the gas inspection report?
Comment: We received 230 comments regarding these rules. Two hundred and
five commenters indicated the cost of a gas leak test is prohibitive or not
needed since gas has additives that make it smell. Twenty-one commenters indicated
a gas line test can damage gas lines and ten of these also stated requiring
a carbon monoxide detector would be preferable. Four commenters were in favor
of the proposed rule.
Response: In response to comment we are eliminating the requirement in
these standards to obtain a gas leak inspection, unless otherwise required
by local ordinance. Section 747.5201 is adopted with changes accordingly,
and §§747.5203, 747.5205, and 747.5207 are being withdrawn.
§747.5301. What steps must I take to ensure that heating devices used
at my child-care home do not present hazards to children?
Comment: One commenter expressed concern about the elimination of a heating
unit inspection in current standards. One commenter suggested that a carbon
monoxide detector be included in the rule.
Response: We are adopting this section without change, as we believe the
proposed rule is adequate for the protection of children from heating devices.
No fiscal analysis was undertaken to determine the costs of requiring carbon
monoxide testing, thus we have no data on which to consider the costs and
benefits of proposing such a rule at this time.
§747.5401. What types of transportation does Licensing regulate?
Comment: One commenter stated that it is good to have rules on transportation
that reduce liability to children.
Response: We agree.
§747.5403. What type of vehicle may I use to transport children?
Comment: The Texas Department of Public Safety (DPS) submitted a comment
recommending that any vehicle used by a child-care facility that is designed
to transport ten or more passengers should be built to federal school bus
structural standards, and further noted that vehicular accidents are the biggest
cause of death and injury to Texas children.
Response: No fiscal impact analysis was undertaken to determine the costs
of adding the requirements recommended by DPS, thus we have no data on which
to complete a cost-benefit analysis for this suggested change. Since the maximum
capacity of a child-care home is 12 children, there would be very few instances
in which home-based caregivers would transport ten or more children. We are
adopting this section without change.
§747.5405. What safety precautions must I take when loading and unloading
children from the vehicle?
Comment: One commenter suggested children buckle their own seatbelts. One
commenter requested safer options for loading and unloading children. One
commenter suggested adding the requirement for a child passenger safety system
to a bus with a GVWR of 10,000 pounds or more.
Response: No change is made in response to this requirement since children
are not prohibited from buckling their own seatbelts by the rule, and we do
believe that the loading and unloading practices outlined in the rule provide
adequate safety protection. The proposed rule is consistent with the current
minimum standards as well as current Texas Department of Public Safety guidelines
regarding the use of seatbelts in buses.
§747.5409. Must caregivers and/or the driver wear a seat belt?
Comment: One commenter urged that this rule require all passengers to wear
seatbelts, even in a bus.
Response: Because the maximum capacity of a child-care home is 12 children,
there would be very few instances in which caregivers would transport children
in a bus. We are, however, adopting this rule with changed wording to be consistent
with DPS requirements.
§747.5411. May parents provide the child passenger safety seat equipment
required for their child?
Comment: We received a comment from the Texas Department of Public Safety
stating that the National Transportation Safety Act recommends that parents
not provide the child safety restraint system because the child-care home
will not know whether the system has a poor history and might fail in an accident,
injuring the child.
Response: The rule specifies that the system must be appropriate, obligating
the caregiver to determine whether it is in good repair and functional in
order to adequately protect the child. The caregiver may do so by insisting
on providing their own seating system, however, such a requirement would be
costly to caregivers and we do not believe that such a requirement is the
only means of ensuring that the children are safe. Accordingly, no change
was made in response to this comment.
§747.5417. Must I carry specific equipment in the vehicle I use to
transport children in my care?
Comment: One commenter questioned whether the transportation vehicle should
be required to have a seat belt cutter available in case of a roll over.
Response: Emergency personnel responding to an accident would be equipped
and qualified to handle evacuations in case of a roll over, therefore we do
not believe any change is needed in response to this comment.
§747.5421. Must I have a communications device in the vehicle?
Comment: Two commenters stated that if they are required to have a communications
device with them on a field trip, they should also be required to have one
in the car when transporting children.
Response: The purpose of the communication device on field trips is to
enable the caregiver to contact parents in the event of a delay in returning
to the facility, however, this section was adopted with a change to clarify
that this is required on field trips.
Subchapter A. PURPOSE AND DEFINITIONS
40 TAC §§747.101, 747.103, 747.105, 747.107, 747.109, 747.111, 747.113
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child- care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.105.What do certain words and terms mean when used in this chapter?
The words and terms used in this chapter have the meanings assigned
to them under §745.21 of this title (relating to What do the following
words and terms mean when used in this chapter?), unless another meaning is
assigned in this section or unless the context clearly indicates otherwise.
In addition, the following words and terms have the following meanings unless
the context clearly indicates otherwise:
(1)
Activity space--An area or room used for children's activities,
including areas separate from a group's classroom.
(2)
Administrative and clerical duties--Duties that involve
the management of an operation, such as bookkeeping, enrolling children, answering
the telephone, and collecting fees.
(3)
Admission--The process of enrolling a child in a child-care
home. The date of admission is the first day the child is physically present
in the home.
(4)
Adult--A person 18 years old and older.
(5)
After-school hours--Hours before and after school, and
days when school is not in session, such as school holidays, summer vacations,
and teacher in-service days.
(6)
Alternate care program--A program in which no child is
in care for more than five consecutive days, and no child is in care for more
than 15 days in one calendar month, regardless of the duration of each stay.
(7)
Attendance--When referring to a child's attendance, the
physical presence of a child at the child-care home's program on any given
day or at any given time, as distinct from the child's enrollment in the child-care
home.
(8)
Baby bungee jumper--A baby bungee jumper allows an infant
to bounce while supported in a seat by elastic "bungee cord" suspended from
a doorway.
(9)
Baby walker--A baby walker allows an infant to sit inside
the walker equipped with rollers or wheels and move across the floor.
(10)
Bouncer seat--A stationary seat designed to provide gentle
rocking or bouncing motion by an infant's movement or by battery-operated
movement. This type of equipment is designed for an infant's use from birth
until the child can sit up unassisted.
(11)
Caregiver--A person whose duties include the supervision,
guidance, and protection of a child. As used in this chapter, the term means
a person who meets the minimum education, work experience, and training qualifications
required under Subchapter D of this chapter (relating to Personnel).
(12)
Caregiver-initiated activities--Activities that are directed
by or chosen by the caregiver.
(13)
Certified Child-Care Professional Credential--A credential
given to a person working directly with children; based on assessed competency
in several areas of child care and child development.
(14)
Certified lifeguard--A person who has been trained in
life saving and water safety by a qualified instructor, from a recognized
organization which awards a certificate upon successful completion of the
training. The certificate is not required to use the term "lifeguard," but
the permit holder must be able to document that the certificate represents
the type of training described.
(15)
Child-care home--A registered or licensed child-care home,
as specified in §747.109 of this title (relating to What is a registered
child-care home?) or §747.111 of this title (relating to What is a licensed
child-care home?). This term includes the program, building, grounds, furnishings,
and equipment.
(16)
Child-care location--The street address of the child-care
home and the lot on which the building is located.
(17)
Child-care program--The services and activities provided
by a child-care home.
(18)
Child Development Associate Credential--A credential given
to staff working directly with children; based on assessed competency in several
areas of child care and child development.
(19)
Child-initiated activities--Activities that a child chooses
on the child's own initiative, and that foster the child's independence. Child-initiated
activities require equipment, materials, and supplies to be within a child's
reach.
(20)
Child passenger safety seat system--An infant or child
passenger restraint system that meets the federal standards for crash-tested
restraint systems as set by the National Highway Traffic Safety Administration.
(21)
Corporal punishment--The infliction of physical pain on
a child as a means of controlling behavior. This includes, but is not limited
to, spanking, hitting, slapping, thumping, or rapping a child.
(22)
Creative activities--Activities that encourage a child
to use his imagination. Creative activities include, but are not limited to,
dramatic play, block building, stories and books, science and nature activities,
and music and art activities.
(23)
Critical illness--An illness requiring the immediate attention
of a health-care professional.
(24)
Days--Calendar days, unless otherwise stated.
(25)
Enrollment--The list of names or number of children who
have been admitted to attend a child-care home for any given period of time;
the number of children enrolled in a child-care home may vary from the number
of children in attendance on any given day.
(26)
Entrapping equipment--A component or group of components
on equipment that forms angles or openings that could trap a child's head
by being too small to allow the child's body to pass through or large enough
for the child's body to pass through, but too small to allow the child's head
to pass through.
(27)
Field trips--Activities conducted away from the child-care
home.
(28)
Food service--The preparation or serving of meals or snacks.
(29)
Frequently--More than two times in a 30-day period.
(30)
Garbage--Waste food or items that when deteriorating cause
offensive odors and attract rodents, insects, and other pests.
(31)
Group activities--Activities that allow children to interact
with others in large or small groups. Group activities include, but are not
limited to, storytelling, finger plays, show and tell, organized games, and
singing.
(32)
Health-care professional--A licensed physician, licensed
or registered nurse, or other licensed medical personnel providing comprehensive
preventive, diagnostic, or therapeutic medical care to the child. This does
not include medical doctors or medical personnel where immunizations and contraindications
to immunizations are outside the scope of the licensed practice, such as chiropractors,
homeopaths, podiatrists; or medical practitioners not licensed to practice
in the United States.
(33)
Individual activities--Opportunities for the child to
work independently or to be away from the group, but supervised.
(34)
Infant--A child from birth through 17 months.
(35)
Janitorial duties--Those services that involve cleaning
and maintenance above that which is required for the continuation of the child-care
program. Cleaning and maintenance include such duties as cleansing carpets,
washing cots, sweeping, vacuuming, or mopping an area while children are in
care.
(36)
Natural environment--Settings that are natural or normal
for all children of an age group without regard to ability or disability.
For example, the primary natural group setting for a toddler with a disability
would be a play group or child-care home or whatever setting exists for toddlers
without disabilities.
(37)
Pre-service training--Training given to a person who has
no previous experience in professional child care and no relevant training
in specified topics.
(38)
Propped bottle--A bottle supported by something other
than the child or adult's hand because the child is too young to hold it.
(39)
Regularly--On a recurring, scheduled basis.
(40)
Safety belt--A lap belt and any shoulder straps included
as original equipment on or added to a vehicle.
(41)
School-age child--A child who is five years of age and
older, and who will attend school at or away from the child-care home in August
or September of that year.
(42)
Single-use area--Area not routinely used for children's
activities, such as a bathroom, hallway, storage room, cooking area of a kitchen,
swimming pool, and storage building.
(43)
Special care needs--A child with special care needs is
a child who has a chronic physical, developmental, behavioral, or emotional
condition and who also requires assistance beyond that required by a child
generally to perform tasks that are within the typical chronological range
of development, including but not limited to, movement of large and/or small
muscles, learning, talking, communicating, self-help, social, emotional, seeing,
hearing, and breathing.
(44)
State or local fire marshal--A fire official designated
by the city, county, or state government.
(45)
State or local sanitation official--A sanitation official
designated by the city, county, or state government.
(46)
Toddler--A child from 18 months through 35 months.
(47)
Universal precautions--An approach to infection control
where all human blood and certain human body fluids are treated as if known
to be infectious for HIV, HBV, and other blood-borne pathogens.
(48)
Water activities--Related to the use of splashing pools,
wading pools, swimming pools, or other similar bodies of water.
§747.107.What types of operations do these minimum standards apply to?
(a)
The minimum standards in this chapter apply to all:
(1)
Child-care homes registered or licensed by us to care for
12 or fewer children in the caregiver's own home for less than 24 hours per
day; and
(2)
Family homes registered by us before September 1, 2003.
(b)
A group day-care home licensed before September 1, 2003,
will have a one-time opportunity to elect to be treated either as a child-care
home, subject to the minimum standards in this chapter, or as a child-care
center, subject to the minimum standards in Chapter 746 of this title (relating
to Minimum Standards for Child-Care Centers).
(c)
To be considered operating in one's own home, the location
where care is being provided must be at the same address as the permit holder's
residence.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the
Office of the Secretary of State on January 24, 2003.
TRD-200300523
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
1.
PRIMARY CAREGIVER
40 TAC §§747.201, 747.203, 747.205, 747.207, 747.209
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.205.Must I be present at my child-care home during all hours of operation?
As the primary caregiver, you must routinely be present in your child-care
home during its hours of operation; however, you may be temporarily absent
for limited periods of time for vacations, short-term family emergencies or
family business, illness, hospitalization or doctor appointments, jury duty,
to attend training, or to attend to child- care business.
§747.207.What are my responsibilities as the primary caregiver?
You are responsible for the following:
(1)
Developing and implementing your child-care home's operational
policies, which comply with or exceed the minimum standards;
(2)
Complying with all minimum standards that apply to your
licensed or registered child-care home, as specified in this chapter;
(3)
Ensuring all substitute and assistant caregivers comply
with the minimum standards for caregivers, as specified in this chapter, and
are provided assignments that match their skills, abilities, and training;
(4)
Ensuring all household members comply with the minimum
standards that apply to household members, as specified in this chapter;
(5)
Reporting suspected abuse, neglect, and exploitation as
required by the Texas Family Code, §261.401;
(6)
Ensuring parents have the opportunity to visit your child-care
home any time during all hours of operation to observe their child, the home's
operation, and program activities, without having to secure prior approval;
(7)
Initiating background checks within two days of obtaining
a new assistant or substitute caregiver, the addition of a household member,
or a household member turning 14 years, who will regularly or frequently be
present at your operation while children are in care as specified in Subchapter
F of Chapter 745 of this title (relating to Background Checks);
(8)
Complying with the child-care licensing law, found in Chapter
42 of the Human Resources Code, and all other applicable rules in the Texas
Administrative Code, including the minimum standards in this chapter.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300524
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.301, 747.303, 747.305
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.305.What emergency and medical situations must I notify parents about?
(a)
After you ensure the safety of the child, you must notify
the parent immediately after a child:
(1)
Is injured and the injury requires medical attention by
a health-care professional;
(2)
Has a sign or symptom requiring exclusion from the child-care
home as listed in Subchapter R of this chapter (relating to Health Practices);
(3)
Has been involved in any situation that placed the child
at risk. For example, forgetting a child in a vehicle or not preventing a
child from wandering away from your child-care home unsupervised; or
(4)
Has been involved in any situation that renders the child-care
home unsafe, such as a fire, flood, or damage to the child-care home as a
result of severe weather.
(b)
You must notify the parent of less serious injuries when
the parent picks the child up from your child-care home. Less serious injuries
include, but are not limited to, minor cuts, scratches, and bites from other
children requiring first-aid treatment by caregivers.
(c)
You must notify all parents of children in the child-care
home within 48 hours when any child in your care, a caregiver, or a household
member has contracted a communicable disease that is required to be reported
to the Texas Department of Health as specified in 25 TAC 97, Subchapter A
(relating to Control of Communicable Disease).
(d)
You must notify parents within 48 hours when there is an
outbreak of lice or other infestation in the child-care home.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300525
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §747.401, §747.403
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.401.What items must I post at my child-care home during hours of operation?
You must post the following in a prominent and publicly accessible
place where parents and others may easily view them during all hours of operation:
(1)
The child-care home's license or registration certificate;
(2)
The letter or form from the most recent Licensing inspection
or investigation;
(3)
The Licensing notice
Keeping Children
Safe
;
(4)
Telephone numbers specified in this division; and
(5)
Any other Licensing notices requiring posting.
§747.403.What telephone numbers must I post and where must I post them?
(a)
You must post the following telephone numbers:
(1)
911 or, if 911 is not available in your area, you must
post the numbers for:
(A)
Emergency medical services;
(B)
Law enforcement; and
(C)
Fire department;
(2)
Poison control;
(3)
PRS child abuse hotline;
(4)
Nearest Licensing office telephone number and address;
and
(5)
Your name, home address, and telephone number.
(b)
You must post the telephone numbers next to each telephone
in the child-care home. If you use a cordless or cellular phone, you must
post these same numbers in a prominent place on the wall near the base of
the phone or on the handset.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300526
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.501, 747.503, 747.505
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.501.Must I have written operational policies?
Yes. You must develop written policies on at least the following:
(1)
Procedure for release of children;
(2)
Illness and exclusion criteria;
(3)
Procedures for dispensing medications, or a statement that
medication is not given;
(4)
Procedures for handling medical emergencies;
(5)
Discipline and guidance practices;
(6)
Animals, if applicable;
(7)
The procedures for parents to visit the child-care home
any time during your hours of operation to observe their child or the child-care
home's operation and program activities, without having to secure prior approval;
(8)
The procedures for parents to review a copy of the minimum
standards and the child-care home's most recent Licensing inspection report;
and
(9)
Instructions on how a parent may contact the local Licensing
office, PRS child abuse hotline, and PRS website.
§747.503.Must I provide parents with a copy of my operational polices?
Yes. Parents must sign a child-care enrollment agreement or other similar
document that includes at least the operational policies listed in this division,
before the date of the child's admission. You must keep a copy of this signed
document in the child's record or at least one for each family, if siblings
are enrolled at the same time.
§747.505.What must I do when I change an operational policy or an item in the enrollment agreement?
You must notify parents in writing of any changes to your policies
and enrollment agreement. Parents must sign and date the updated information.
You must keep the updated information in the child's record or at least one
for each family, if siblings are enrolled at the same time.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300527
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
1.
RECORDS OF CHILDREN
40 TAC §§747.601, 747.603, 747.605, 747.607, 747.609, 747.611, 747.613, 747.615, 747.617, 747.619, 747.621, 747.623, 747.625, 747.627, 747.629, 747.631, 747.633, 747.635
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.603.What records must I have for the children in my care and how long must I keep them?
(a)
You must maintain the following records for each child
enrolled in your child-care home:
(1)
Child-care enrollment agreement specified in §747.503
of this title (relating to Must I provide parents with a copy of my operational
policies?);
(2)
Admission information;
(3)
Statement of the child's health from a health-care professional;
(4)
Immunization records;
(5)
Tuberculin testing information, if applicable;
(6)
Hearing and vision screening results, if applicable; and
(7)
Licensing
Incident/Illness Report
form.
(b)
These records must be kept at the child-care home and available
for review during operating hours and for at least three months after the
child's last day in care.
§747.633.Must children in my licensed child-care home have vision and hearing screening?
(a)
The Special Senses and Communication Disorders Act, Texas
Health and Safety Code, Chapter 36, requires a screening or a professional
examination for possible vision and hearing problems for the following children
who are enrolled in a licensed child-care home:
(1)
First time enrollees who are four years of age and older
and all children enrolled in programs who are four years of age by September
1 of each year will be screened for possible vision and hearing problems prior
to completion of the first semester of enrollment or within 120 calendar days
of enrollment, whichever is longest, or present evidence of screening conducted
one year prior to enrollment; and
(2)
Each child who is in the first, third, fifth, or seventh-grade
must complete a screening or examination within the school year.
(b)
A licensed or certified screener or a health-care professional
must conduct the screening. Refer to Texas Health and Safety Code, §36.011,
for specifics on vision and hearing screening. This information may be accessed
on the Internet at: www.tdh.state.tx.us/vhs/.
(c)
You must keep one of the following at the child-care home
for each child required to be screened:
(1)
The individual vision and hearing screening; or
(2)
A signed statement from the child's parent that the child's
screening records are current and on file at the pre-kindergarten program
or school the child attends away from the child-care home. The statement must
be dated and include the name, address, and telephone number of the pre-kindergarten
program or school.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300528
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.701, 747.703, 747.705, 747.707, 747.709
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.707.Must I share a copy of the Incident/Illness Report form with the child's parent?
Yes. You must share a copy of the report with the child's parent and
obtain the parent's signature on the report indicating the parent has reviewed
it or received a copy of the report within 48 hours of when the incident occurred.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300529
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §747.801 §747.803
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.801.What records must I keep at my child-care home?
You must maintain and make the following records available for our
review upon request during hours of operation. Paragraphs (10), (11), and
(12) are optional, but if provided, will allow Licensing to avoid duplicating
the evaluation of standards which have been evaluated by another state agency
within the past year:
(1)
Children's records, as specified in Division 1 of this
subchapter (relating to Records of Children);
(2)
Infant feeding instructions, as required in §747.2321
of this title (relating to Must I obtain written feeding instructions for
children not ready for table food?), if applicable;
(3)
Personnel and training records, as required in §747.901
of this title (relating to What information must I maintain in my personnel
records?), and in §747.1327 of this title (relating to What documentation
must I provide to Licensing to verify that training requirements have been
met?);
(4)
Proof of request for PRS background checks, as required
in §747.901 of this title;
(5)
Menus, as required in §747.3113 of this title (relating
to Must I post and maintain daily menus?);
(6)
Medication records, as required in §747.3605 of this
title (relating to What records must I keep when I administer medication to
a child in my care?);
(7)
Pet vaccination records, as required in §747.3703
of this title (relating to Must I keep documentation of vaccinations for the
animals?), if applicable;
(8)
Fire safety documentation for emergency drills, fire extinguishers,
smoke detectors and emergency evacuation and relocation diagram, as required
in §747.5005 of this title (relating to How often must I practice my
emergency evacuation and relocation plans?), §747.5007 of this title
(relating to Must I have an emergency evacuation and relation diagram?), §747.5107
of this title (relating to How often must I inspect and service the fire extinguisher?), §747.5115
of this title (relating to How often must the smoke detectors at my child-care
home be tested?), and §747.5117 of this title (relating to How often
must I have an electronic smoke alarm system tested?);
(9)
Most recent Licensing inspection report, letter, or notice;
(10)
Most recent Texas Department of Health immunization compliance
review form, if applicable;
(11)
Most recent Texas Department of Human Services Child and
Adult Care Food Program (CACFP) report, if applicable;
(12)
Most recent local workforce board Child-Care Services
Contractor inspection report, if applicable; and
(13)
Written approval from the fire marshal to provide care
above or below ground level, if applicable.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300530
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.901, 747.903, 747.905, 747.907, 747.909, 747.911, 747.913, 747.915
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.901.What information must I maintain in my personnel records?
You must keep at least the following at the child-care home for each
assistant caregiver and substitute, as specified in this chapter:
(1)
Documentation showing the dates of the first and last day
on the job;
(2)
Documentation showing how the caregiver meets the minimum
age and education qualifications, if applicable;
(3)
A copy of a health card or physician's statement verifying
the caregiver is free of active tuberculosis, if required by the regional
Texas Department of Health TB program or local health authority;
(4)
A notarized Licensing
Affidavit
for Applicants for Employment
form as specified in Human Resources
Code, §42.059;
(5)
A record of training hours;
(6)
Proof of request for PRS Background Check; and
(7)
A copy of a current driver's license if the caregiver transports
children.
§747.903.Must I keep records for my household members who are counted in the child/caregiver ratio?
Yes. You must keep the same personnel records specified in §747.901
of this title (relating to What information must I maintain in my personnel
records?) for all household members who are used as assistant or substitute
caregivers as defined in Subchapter D, Division 3 of this chapter (relating
to Assistant and Substitute Caregivers), whether they are paid or unpaid.
§747.905.What records must I keep for my household members who are not counted in the child/caregiver ratio?
You must keep at least the following at the child-care home for each
household member who is 14 years old or older, and who is regularly or frequently
present while children are in care:
(1)
A copy of a health card or physician's statement verifying
the household member is free of active tuberculosis, if required by the regional
Texas Department of Health TB program or local health authority;
(2)
Documentation verifying orientation to the child-care home
was completed; and
(3)
Proof of request for a PRS Background Check.
§747.911.Must I maintain attendance records or time sheets on caregivers that assist me?
We do not require you to maintain attendance records or time sheets
for yourself or any other person you count in the child/caregiver ratio.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300531
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
1.
PRIMARY CAREGIVER OF A REGISTERED CHILD-CARE HOME
40 TAC §§747.1001, 747.1003, 747.1005, 747.1007, 747.1009, 747.1013, 747.1015
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.1007.What qualifications must I meet to be the primary caregiver of a registered child-care home?
Except as otherwise provided in this division, you must:
(1)
Be at least 21 years old;
(2)
Have a:
(A)
High school diploma; or
(B)
High school equivalent;
(3)
Have a certificate of completion of the Licensing orientation
within one year prior to your application date;
(4)
Have current certification in CPR and first aid with rescue
breathing and choking; and
(5)
Be free of active tuberculosis, if required by the regional
Texas Department of Health TB program or local health authority.
§747.1009.Are there exemptions to any of the qualifications specified in this division?
A primary caregiver who registered before July 1,1990, and who was
still registered on September 1, 2003, is not required to obtain a high school
diploma or its equivalent or to attend Licensing orientation.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300532
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.1101, 747.1103, 747.1105, 747.1107, 747.1109, 747.1113, 747.1115, 747.1117, 747.1119, 747.1121, 747.1123, 747.1125, 747.1127, 747.1129, 747.1131, 747.1133, 747.1135, 747.1137, 747.1139, 747.1141, 747.1143, 747.1145, 747.1147, 747.1149, 747.1151, 747.1153
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.1109.Are there exemptions from the qualifications listed in this division?
(a)
A primary caregiver who was director of a licensed group
day-care home before May 1, 1985, is exempt from the requirements specified
in this division.
(b)
The primary caregiver or director of a child-care home
licensed after May 1, 1985, but before September 1, 2003, has three years
from September 1, 2003, to comply if the caregiver remains in the same position.
§747.1119.What credit courses does Licensing recognize as child development?
Due to a large variation in credit course titles and content, it is
impossible to list all courses that may be counted toward the child development
requirement. Courses in early childhood education, child growth and development,
psychology, sociology, classroom management, child psychology, health and
safety, elementary education related to kindergarten through third grade,
and other similar courses may be counted if they are related to child development.
Abnormal psychology and secondary education courses are not recognized as
child development.
§747.1121.What credit courses does Licensing recognize as business management?
Due to a large variation in credit course titles and content, it is
impossible to list all courses that may be counted toward the business management
requirement. Business management courses may include administration of a child-care
facility, accounting, goal and objective setting, performance planning and
evaluation, risk management and other administrative, management, or supervisory-related
courses. Courses in office machines or computer training are not recognized
as business management.
§747.1139.Will Licensing keep the original training certificates and college transcripts I submit to obtain a Licensing Child-Care Director's Certificate?
No. After we evaluate this information and issue a
Child-Care Director's Certificate
, we will return the original documents
to you along with the certificate or if a certificate is not issued, along
with a letter notifying you of the decision.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300533
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.1201, 747.1203, 747.1205, 747.1207, 747.1209, 747.1211, 747.1213, 747.1215, 747.1217, 747.1219
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.1205.Are there different qualifications for assistant and substitute caregivers?
Yes. Caregiver qualifications are different for assistant and substitute
caregivers. The qualifications for assistant and substitute caregivers are
outlined in the following chart:
§747.1207.What minimum qualifications must an assistant caregiver meet?
Except as otherwise provided in this division, an assistant caregiver
counted in the child/caregiver ratio must:
(1)
Be 18 years old;
(2)
Have a:
(A)
High school diploma; or
(B)
High school equivalent;
(3)
Have completed orientation to your child-care home;
(4)
Meet the requirements in Subchapter F of Chapter 745 (relating
to Background Checks);
(5)
Be free of active tuberculosis; and
(6)
Complete a notarized Licensing
Affidavit for Applicants for Employment
form as specified in Human
Resources Code, §42.059.
§747.1219.What does Licensing mean by the term "high school equivalent"?
(a)
A high school equivalent is a program recognized by the
Texas Education Agency (TEA) or other educational entity outside of Texas,
which offers training similar to reading, writing, and problem-solving skills
taught at the high school level, such as a General Educational Development
(GED) certificate.
(b)
Original documentation must be provided to Licensing to
verify completion of any high school equivalency program.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300534
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.1301, 747.1303, 747.1305, 747.1307, 747.1309, 747.1311, 747.1313, 747.1315, 747.1317, 747.1319, 747.1321, 747.1323, 747.1325, 747.1327
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.1301.What training must I ensure that my caregivers have?
You must make sure that each caregiver has the following training:
(1)
Orientation to your child-care home as specified in §747.1305
of this title (relating to What should orientation to my child-care home include?);
(2)
15 clock hours of annual training as specified in §747.1307
of this title (relating to What topics must the 15 clock hours of annual training
for caregivers include?); and
(3)
CPR and first-aid training as specified in §746.1313
of this title (relating to Who must have first-aid and CPR training?).
§747.1307.What topics must the 15 clock hours of annual training for caregivers include?
(a)
Each caregiver counted in the child/caregiver ratio on
more than ten separate occasions in one training year, as specified in §747.1311
of this title (relating to When must the annual training be obtained?) must
obtain at least 15 clock hours of training annually. The 15 clock hours are
exclusive of CPR, first aid, orientation, and any training received through
a high school child-care work-study program;
(b)
At least six clock hours of annual training must be in
one or more of the following topics:
(1)
Child growth and development;
(2)
Guidance and discipline;
(3)
Age-appropriate curriculum; and
(4)
Teacher-child interaction;
(c)
The remaining clock hours of annual training must be in
one or more of the following topics:
(1)
Care of children with special needs;
(2)
Adult and child health;
(3)
Safety;
(4)
Risk management;
(5)
Identification and care of ill children;
(6)
Cultural diversity of children and families;
(7)
Professional development (for example, effective communication,
time and stress management);
(8)
Preventing the spread of communicable diseases;
(9)
Topics relevant to the particular ages of children in care
(for example, caregivers working with infants or toddlers should receive training
on biting and toilet training);
(10)
Planning developmentally appropriate learning activities;
(11)
Minimum standards and how they apply to the caregiver;
and
(d)
If the home provides care for a child younger than 24 months,
one hour of annual training must cover the following topics:
(1)
Recognizing and preventing shaken baby syndrome;
(2)
Preventing sudden infant death syndrome; and
(3)
Understanding early childhood brain development.
§747.1309.What training topics must be included in my annual training as the primary caregiver?
(a)
You must obtain at least 20 clock hours of training annually.
(1)
The 20 clock hours of annual training are exclusive of
the Licensing pre-application interview and CPR and first-aid training; and
(2)
Training hours may not be earned for presenting training
to others.
(b)
At least six clock hours of annual training must be in
one or more of the following topics:
(1)
Child growth and development;
(2)
Guidance and discipline;
(3)
Age-appropriate curriculum; and
(4)
Teacher-child interaction.
(c)
A primary caregiver with five or fewer years of experience
as a primary caregiver in a licensed or registered child-care home must complete
at least six of the 20 clock hours in management techniques, leadership, or
staff supervision.
(d)
A primary caregiver with more than five years of experience
as a primary caregiver in a licensed or registered child-care home must complete
at least three of the 20 clock hours in management techniques, leadership,
or staff supervision.
(e)
If the home provides care for children younger than 24
months, one hour of annual training must cover the following topics:
(1)
Recognizing and preventing shaken baby syndrome;
(2)
Preventing sudden infant death syndrome; and
(3)
Understanding early childhood brain development.
(f)
The remainder of annual training hours must be selected
from the training topics specified in §747.1307(c) of this title (relating
to What topics must the 15 clock hours of annual training for caregivers include?).
§747.1325.How many annual training clock hours may be obtained from self-instructional materials?
(a)
An assistant or substitute caregiver may obtain no more
than 12 of the required 15 clock hours of annual training from self-instructional
materials.
(b)
The primary caregiver may obtain no more than 16 of the
required 20 clock hours of annual training from self-instructional materials.
(c)
We may ask to review self-instructional materials to ensure
training criteria are met.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300535
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.1401, 747.1403, 747.1405
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.1401.Must members of my household meet specific qualifications?
(a)
All household members who are 14 years old or older, who
will regularly or frequently be present at your operation while children are
in care, must meet the requirements in Subchapter F of Chapter 745 of this
title (relating to Background Checks).
(b)
All household members who are 14 years old or older and
who are regularly or frequently present while children are in care must also:
(1)
Provide a copy of a health card or physician's statement
verifying they are free of active tuberculosis if required by the regional
Texas Department of Health TB program or local health authority; and
(2)
Complete orientation to your child-care home.
(c)
Any household member who is counted in the child/caregiver
ratio on more than ten separate occasions in one training year, whether paid
or unpaid, must meet the minimum qualifications and training requirements
for assistant caregivers specified in this subchapter.
(d)
Any household member who is left in charge of the child-care
home in the absence of the primary caregiver, whether paid or unpaid, must
meet minimum qualifications and training requirements for substitute caregivers
specified in this subchapter.
(e)
A household member who is 14 years old or older, but is
not regularly or frequently at the child-care home while children are in care,
is not required to meet the qualifications or training requirements for caregivers
specified in this subchapter, but must never be left alone with a child in
care.
§747.1403.What must orientation to my child-care home for household members include?
The orientation must include the topics specified in §747.1305
of this title (relating to What should orientation to my child-care home include?).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300536
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §747.1501, §747.1503
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.1501.What general responsibilities do caregivers have in my child-care home?
(a)
You and all other caregivers are responsible for seeing
that children are:
(1)
Treated with courtesy, respect, acceptance, and patience;
(2)
Recognized and respected for their uniqueness as an individual;
(3)
Not abused, neglected, or exploited; and
(4)
Released only to a parent or a person designated by a parent.
(b)
You and all other caregivers must report suspected abuse,
neglect, or exploitation to PRS or law enforcement.
(c)
You and all other caregivers must also:
(1)
Demonstrate competency, good judgment, and self-control
in the presence of children;
(2)
Know and comply with the minimum standards specified in
this chapter;
(3)
Know each child's name and have information showing the
child's age;
(4)
Supervise children at all times, adjusting appropriately
for different ages and abilities of children;
(5)
Ensure the children are not out of control;
(6)
Be free from other duties not directly involving the teaching,
care, and supervision of children, such as:
(A)
Administrative and clerical duties that take the caregiver
away from the children except for brief periods, such as for necessary phone
calls, as long as appropriate supervision is maintained; and
(B)
Janitorial duties, such as mopping, vacuuming, and cleansing
bathrooms. Sweeping up after an activity or mopping up spills may be necessary
for the children's safety and are not considered janitorial duties; and
(7)
Interact with children in a positive manner.
§747.1503.What does Licensing mean by "supervise children at all times"?
Supervising children at all times means the primary caregiver or substitute
caregiver and assistant caregivers are accountable for each child's care.
This includes responsibility for the ongoing activity of each child, appropriate
visual and/or auditory awareness, physical proximity, and knowledge of activity
requirements and each child's needs. The caregiver must intervene when necessary
to ensure children's safety. In deciding how closely to supervise children,
the caregiver must take into account:
(1)
Ages of the children;
(2)
Individual differences and abilities;
(3)
Layout of the home and play area; and
(4)
Neighborhood circumstances, hazards, and risks.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300537
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
1.
DETERMINING CHILD/CAREGIVER RATIOS AND GROUP SIZES
40 TAC §§747.1601, 747.1603, 747.1605, 747.1607, 747.1609
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300543
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §747.1701, §747.1703
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300544
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.1801, 747.1803, 747.1805, 747.1807
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.1801.How many children may I care for in my licensed child-care home?
There must not be more children in your licensed child-care home at
the same time than is shown in the following chart:
§747.1803.If I have an additional caregiver present to supervise children in my licensed child-care home, may I care for more children?
If your child-care home is licensed, then the following child/caregiver
ratio and maximum group size applies when two caregivers are caring for the
children:
§747.1807.Will I be given an opportunity to comply, if my child-care home was licensed before September 1, 2003?
(a)
If your child-care home was licensed as a group day care
home before September 1, 2003, you have one year from September 1, 2003, to
comply with regular ratios and group sizes for licensed child-care homes as
specified in this division, unless stated otherwise. You must maintain at
least one of the following combinations during the one- year period beginning
September 1, 2003.
(1)
The following chart applies when one person is caring for
children.
Figure: 40 TAC §747.1807(a)(1)
(2)
The following chart applies when two people are caring
for children.
Figure: 40 TAC §747.1807(a)(2)
(b)
A child-care home licensed before September 1, 2003, must
comply with the child/caregiver ratios in this division when your existing
permit is no longer valid.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300545
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §747.1901, §747.1903
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.1901.Do I need additional caregivers when I take children away from my licensed or registered child-care home for field trips or walks?
(a)
When children are on a field trip and are mixing with children
and adults who are not from your child-care home, including but not limited
to, trips to the skating rink, shopping, public park, or amusement park, you
must meet the following child/caregiver ratio:
(b)
The child/caregiver ratio for field trips may include adult
volunteers or household members who are not qualified as caregivers only for
trips when children are mixing with children and adults who are not from your
child-care home, as long as you maintain at least the regular ratio for your
registered or licensed child-care home, as applicable, with qualified caregivers.
(c)
You must maintain the regular child/caregiver ratio specified
in this subchapter for registered and licensed child-care homes, as applicable,
when children are on a field trip in an enclosed controlled area, including
but not limited to, events planned only for your group such as library story
time, tours of the fire department, or on a walk in the neighborhood.
§747.1903.If I provide transportation, how many caregivers must I have in the vehicle to supervise the children?
(a)
You must have one caregiver in addition to the driver if
you transport more than four children who are younger than 24 months.
(b)
When you transport children two years and older, you must
comply with the regular child/caregiver ratio. The driver may be counted in
this ratio if the driver meets the caregiver qualifications.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300546
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.2001, 747.2003, 747.2005, 747.2007, 747.2009, 747.2011, 747.2013, 747.2015, 747.2017
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.2001.Must I have additional caregivers for wading/splashing activities?
(a)
Whenever children use a wading or splashing pool (two feet
of water or less), you must use the child/caregiver ratio for wading/splashing
activities for all children in care.
(b)
If there is more than one child under 24 months in care,
a second adult must be present.
(c)
The maximum number of children one caregiver can supervise
while children use a splashing or wading pool (two feet of water or less)
is based on the age of the youngest child in the group and is specified in
the following chart:
§747.2003.Will I be given an opportunity to comply with the minimum standards for splashing/wading activities, if my child-care home was registered before September 1, 2003?
(a)
If your child-care home was registered as a family home
before September 1, 2003, you have one year from September 1, 2003, to comply
with child/caregiver ratios for splashing/wading activities as specified in
this division, unless stated otherwise. You must maintain at least the following
ratios when children use a splashing/wading pool (two feet of water or less)
at or away from your child-care home during the one-year period beginning
September 1, 2003:
(b)
A child-care home registered before September 1, 2003,
must comply with the child/caregiver ratios in this division when your existing
permit is no longer valid.
§747.2007.Will I be given an opportunity to comply with the child/caregiver ratios, if my child-care home was registered or licensed before September 1, 2003?
(a)
If your child-care home was registered or licensed before
September 1, 2003, you have one year from September 1, 2003, to comply with
child/caregiver ratios for swimming activities as specified in this division,
unless stated otherwise. You must maintain at least the following ratios when
children use a swimming pool (more than two feet of water) at or away from
your child-care home during the one-year period beginning September 1, 2003.
(1)
When four or more children are swimming, two adults must
be present.
(2)
If your child-care home was licensed as a group day care
home, the following ratio applies:
Figure: 40 TAC §747.2007(a)(2)
(3)
If your child-care home was registered, the following ratio
applies:
Figure: 40 TAC §747.2007(a)(3)
(b)
A child-care home registered or licensed before September
1, 2003, must comply with the child/caregiver ratios in this division when
your existing permit is no longer valid.
§747.2009.Must I have a certified lifeguard on duty when children are swimming in more than two feet of water?
Yes. When children are swimming in more than two feet of water, a certified
lifeguard must be on duty at all times.
§747.2011.May I count the certified lifeguard in the child/caregiver ratio?
(a)
You must not count the certified lifeguard in the child/caregiver
ratio when people other than the children from your child-care home are swimming.
(b)
If only children from your child-care home are swimming,
you may count the certified lifeguard in the child/caregiver ratio, although
the lifeguard must never be left alone with any of the children unless the
lifeguard is also a qualified caregiver for your child care home.
§747.2015.May I include volunteers or household members who do not meet minimum qualifications for caregivers in the child/caregiver ratio for water activities?
Yes. To meet the child/caregiver ratio for splashing/wading and swimming
activities, you may include adult volunteers and adult household members who
do not meet the minimum qualifications for caregivers specified in Subchapter
D of this chapter (relating to Personnel), provided that:
(1)
You maintain at least the child/caregiver ratios required
in Division 2 of this subchapter (relating to Regular Ratios and Group Sizes
in the Registered Child-Care Home), or Division 3 of this subchapter (relating
to Regular Ratios and Group Sizes in the Licensed Child-Care Home), as applicable,
with caregivers who do meet the minimum qualifications for caregivers;
(2)
All persons included in the ratios for water activities
must be able to swim and must be prepared to do so in an emergency; and
(3)
You ensure compliance with all other minimum standards,
including, but not limited to, standards relating to supervision, discipline,
and guidance.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300547
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.2101, 747.2103, 747.2105, 747.2107
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.2101.Must I provide planned activities for the children in my child-care home?
Yes. You must provide a planned program of activities designed to meet
the individual needs and developmental levels of the children in the group.
§747.2103.What should the activity plan include?
Your activity plan must include at least the following:
(1)
A variety of creative activities;
(2)
Indoor and outdoor play in which the children make use
of both small and large muscles;
(3)
A balance of active and quiet play, including group and
individual activities both indoors and outdoors;
(4)
Regular meal and snack times;
(5)
Supervised naptimes or a period of rest for those children
too old to nap;
(6)
A variety of child-initiated and caregiver-initiated activities;
(7)
Sufficient time for activities and routines so that children
can progress at their own developmental rate; and
(8)
No long waiting periods between activities or prolonged
periods during which children stand or sit.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300548
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §747.2201
The new section is adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new section implements the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300549
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.2301, 747.2303, 747.2305, 747.2307, 747.2309, 747.2311, 747.2313, 747.2315, 747.2317, 747.2319, 747.2321, 747.2323, 747.2325, 747.2327, 747.2329, 747.2331
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.2301.What are the basic care requirements for infants?
Basic care for infants must include:
(1)
Individual attention given to each child including playing,
talking, cuddling, and holding;
(2)
Holding and comforting a child who is upset;
(3)
Prompt attention given to physical needs, such as feeding
and diapering;
(4)
Talking to children as they are fed, changed, and held,
such as naming objects, singing, or saying rhymes; and
(5)
Ensuring objects less than 1 and 1/4 inches in diameter
are kept out of the reach of children younger than three years.
§747.2303.How must I arrange the space where I care for infants?
The room arrangement of the infant care area must:
(1)
Make it possible for caregivers to see and/or hear infants
and be able to intervene when necessary;
(2)
Include safe, open, floor space for floor time play;
(3)
Have cribs far enough apart so that one infant may not
reach into another crib; and
(4)
Provide caregivers enough space to walk and work between
cribs, cots, and mats.
§747.2305.What furnishings and equipment must I have available for the infants?
Furnishings and equipment for infants must include at least the following:
(1)
An individual crib for each non-walking infant;
(2)
An individual crib, cot, bed, or mat that is waterproof
or washable for each walking infant;
(3)
A sufficient number of toys to keep the children engaged
in activities.
§747.2315.Are specific types of equipment prohibited for use with infants?
Yes. The following list of equipment, identified as unsafe for infants
by the Consumer Product Safety Commission and the American Academy of Pediatrics,
must not be used in your child-care home:
(1)
Baby walkers;
(2)
Baby bungee jumpers;
(3)
Accordion safety gates;
(4)
Bean bags, waterbeds, and foam pads used as sleeping equipment;
and
(5)
Soft bedding, such as stuffed toys, quilts, pillows, bumper
pads, and comforters, must not be used in cribs for children six months old
and younger.
§747.2319.Are there specific requirements for feeding infants?
Yes. You must:
(1)
Hold infants who are unable to sit unassisted in a high
chair or other seating equipment while feeding them;
(2)
Not prop bottles. The child or an adult must hold the bottle;
(3)
Provide regular snack and meal times for infants who eat
table food;
(4)
Ensure children no longer being held for feeding are fed
in a safe manner;
(5)
Label, color-code or otherwise distinguish among bottles
and training cups used by different children;
(6)
Not allow children to walk around with or sleep with a
bottle or training cup;
(7)
Not use the bathroom sink or diaper-changing surface for
food preparation, or for washing food service/preparation equipment, bottles,
pacifiers, or toys; and
(8)
Sanitize high chair trays before each use.
§747.2321.Must I obtain written, feeding instructions for children not ready for table food?
(a)
Yes. For children not ready for table food, you must obtain
and follow written feeding instructions that are signed and dated by the child's
parent or physician.
(b)
You must review and update the feeding instructions with
the parent every 30 days until the child is able to eat table food.
(c)
If your child-care home is participating in the Child and
Adult Care Food Program (CACFP) administered by the Texas Department of Human
Services, you may elect to meet those requirements rather than those specified
in this section.
§747.2323.Must I provide a regularly scheduled naptime for infants?
Yes. Each infant must have a nap period that:
(1)
Allows the infant to maintain his or her own pattern of
sleeping and waking periods; and
(2)
Allows the caregiver to supervise the infant according
to §747.1503 of this title (relating to What does Licensing mean be
"supervise children at all times"?).
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300550
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.2401, 747.2403, 747.2405, 747.2407
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child- care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.2401.What are the basic care requirements for toddlers?
Basic care for toddlers must include:
(1)
Routines such as diapering, feeding, sleeping, and indoor
and outdoor activity times maintained as closely as possible;
(2)
Individual attention given to each child including playing,
talking, and cuddling;
(3)
Holding and comforting a child that is upset; and
(4)
Ensuring objects less than 1 and 1/4 inches in diameter
be kept out of the reach of children younger than three years.
§747.2403.How must I arrange the space where I care for toddlers?
The toddler care area must include:
(1)
Spaces in the child-care home that allow both individual
and group time; and
(2)
A play environment that allows the caregiver to supervise
all children as defined in §747.1503 of this title (relating to What
does Licensing mean by "supervise children at all times"?).
§747.2405.What furnishings and equipment must I provide for toddlers?
Furnishings and equipment for toddlers must include at least the following:
(1)
Age-appropriate nap or rest equipment;
(2)
Enough popular items are available so that toddlers are
routinely engaged in either solitary or parallel play; and
(3)
Containers or low shelving so items children can safely
use without direct supervision are accessible to children during the activity.
§747.2407.What activities must I provide for toddlers?
Activities for toddlers must include at least the following:
(1)
Daily opportunities for outdoor play when weather permits;
(2)
Opportunities for thinking skills and sensory development.
Examples of age- appropriate equipment or activities include shape/item sorting
toys, stacking or nesting toys, puzzles with less than six pieces, washable
board books, washable blocks, snapping and take apart toys;
(3)
Opportunities for small-muscle development. Examples of
age-appropriate equipment or activities include large-size washable crayons
and markers, variety of paper and art materials, table or easel for art, large
paintbrushes, non-toxic play-dough, toddler-sized washable cars and trucks,
toy animals, and toy people;
(4)
Opportunities for large-muscle development. Examples of
age-appropriate equipment or activities include low climbing structures, small
riding toys, toys for pushing or pulling, variety of light-weight balls for
indoors and outdoors play, and rhythm instruments;
(5)
Opportunities for language development. Examples of age-appropriate
equipment or activities include washable, soft animals or puppets, simple
picture books, and pictures of familiar items and places;
(6)
Opportunities for social/emotional development. Examples
of age-appropriate equipment or activities include dress up clothes and accessories,
housekeeping equipment, unbreakable mirrors, washable dolls with accessories,
items for practicing buttoning, zipping, lacing and snapping, tubs and tote
bags (not plastic bags), and baskets for carrying and toting;
(7)
Opportunities to develop self-help skills such as toileting,
hand washing, and feeding themselves;
(8)
Regular meal and snack times; and
(9)
Naptimes, during which children should be supervised according
to §747.1503 of this title (relating to What does Licensing mean by "supervise
children at all times"?).
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300551
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.2501, 747.2503, 747.2505, 747.2507
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.2505.What furnishings and equipment must I provide for pre-kindergarten age children?
Furnishings and equipment for pre-kindergarten age children must include
at least the following:
(1)
Age-appropriate nap or rest equipment;
(2)
Enough popular items are available so that pre-kindergarten
age children are routinely engaged in either solitary, parallel, or group
play;
(3)
Containers or low shelving so items children can safely
use without direct supervision are accessible to children.
§747.2507.What activities must I provide for pre-kindergarten age children?
Activities for pre-kindergarten age children must include at least
the following:
(1)
Daily opportunities for outdoor play when weather permits;
(2)
Opportunities for thinking skills and sensory development.
Examples of age- appropriate equipment or activities include sand/water play,
blocks, framed puzzles with up to 30 pieces, variety of large, stringing beads,
and simple board games;
(3)
Opportunities for small-muscle development. Examples of
age-appropriate equipment or activities include large non-toxic crayons, markers,
paint, water colors and various size brushes, adjustable easels, collage materials,
chalkboard and chalk, clay/dough and tools, workbench and accessories, round-end
scissors, glue and paste, different types of music and videos, rhythm instruments,
and finger plays;
(4)
Opportunities for large-muscle development. Examples of
age-appropriate equipment or activities include small wagons, light-weight
balls of all sizes, small wheelbarrows, tricycles, push toys, swings, slides,
climbing equipment, balance beam, hanging bars, and outdoor building materials;
(5)
Opportunities for language development. Examples of age-appropriate
equipment or activities include flannel board stories, puppets, and variety
of storybooks, writing materials, and stories on tape;
(6)
Opportunities for social/emotional development. Examples
of age-appropriate equipment or activities include dress up clothes and accessories,
mirrors, dolls, simple props for different themes, puppets, transportation
toys, toy animals, and table games;
(7)
Opportunities to develop self-help skills such as toileting,
hand washing, returning equipment to storage area or containers, and serving
and feeding themselves;
(8)
Regular meal and snack times; and
(9)
Naptimes, or a period of rest for those children too old
to nap, during which children should be supervised according to §747.1503
of this title (relating to What does Licensing mean by "supervise children
at all times"?).
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300552
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.2601, 747.2603, 747.2605, 747.2607
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.2603.How must I arrange the space used by school-age children?
The school-age care area must include:
(1)
Space to set up interest centers or focused play areas
during the activity, such as arts and crafts; music and movement; blocks and
construction; drama and theater; math and reasoning activities; science and
nature; language and reading activities, such as books, story tapes and language
games, stories read or told on a weekly basis, and cultural awareness, which
are:
(A)
Organized for independent use by children; and
(B)
Arranged so that the caregiver can supervise the children
according to §747.1503 of this title (relating to What does Licensing
mean by "supervise children at all times"?);
(2)
Space where children can have individual activities yet
be supervised; and
(3)
Space for quiet time to do homework.
§747.2607.What activities must I provide for school-age children?
Activities for school-age children must include at least the following:
(1)
Study time for those who choose to do homework;
(2)
Daily opportunities for outdoor play when weather permits;
(3)
Opportunities for thinking skills and sensory development.
Examples of age- appropriate equipment or activities include sand and water
play; construction materials/ blocks; puzzles with 50 or more pieces; pattern-making
materials, such as wood, paper, plastic, beads, ceramic tiles, cloth, or cardboard;
games that contain rules and require some skill or strategy; specific skill
development materials such as rulers, tape measures, telescopes, weather observation
equipment, models of the solar system, and microscopes; books; and magazines;
(4)
Opportunities for small-muscle development. Examples of
age-appropriate equipment or activities include art and craft materials, such
as paints, markers, colored pencils, crayons, clay, weaving, or braiding materials;
music and musical instruments of all types; and tape/CD recorders and players;
(5)
Opportunities for large-muscle development through balls
and sports equipment, such as kick balls, baseballs, soccer balls, basketballs,
skates, and horseshoes; riding equipment, such as kick scooters, skate boards,
with knee pads, elbow pads, and helmets; and outdoor and gym equipment, such
as slides, swings, climbing apparatus, and upper-body equipment;
(6)
Opportunities for social/emotional development. Examples
of age-appropriate equipment or activities include dolls with detailed, realistic
accessories; role-play materials, including real equipment for library, hospital,
post office, costumes, makeup and disguise materials; puppets and puppet show
equipment; transportation toys, such as small vehicles or models; play and
art materials; nature materials; and human and animal figurines;
(7)
Regular meal and snack times; and
(8)
Naptimes, or a period of rest for those children too old
to nap, during which children should be supervised according to §747.1503
of this title (relating to What does Licensing mean by "supervise children
at all times"?).
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300553
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.2701, 747.2703, 747.2705, 747.2711, 747.2713, 747.2715
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.2705.What types of discipline and guidance or punishment are prohibited?
There must be no harsh, cruel, or unusual treatment of any child. The
following types of discipline and guidance are prohibited:
(1)
Corporal punishment or threats of corporal punishment;
(2)
Punishment associated with food, naps, or toilet training;
(3)
Pinching, shaking, or biting a child;
(4)
Hitting a child with a hand or instrument;
(5)
Putting anything in or on a child's mouth;
(6)
Humiliating, ridiculing, rejecting, or yelling at a child;
(7)
Subjecting a child to harsh, abusive, or profane language;
(8)
Placing a child in a locked or dark room, bathroom, or
closet with the door closed; and
(9)
Requiring a child to remain silent or inactive for inappropriately
long periods of time for the child's age.
§747.2711.Must I have a written discipline and guidance policy?
No. You are not required to have a written discipline and guidance
policy if you provide parents with a copy of this subchapter. If you have
a written policy, it must comply with the rules in this subchapter.
§747.2713.Must I give a copy of my written discipline and guidance policy to parents, my caregivers, and household members?
(a)
You must give a copy of your written discipline and guidance
policy or a copy of this subchapter to parents.
(b)
You must share your written discipline and guidance policy
or a copy of this subchapter with caregivers and household members as required
in §747.1305 of this title (relating to What should orientation to my
child-care home include?).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300554
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.2801, 747.2803, 747.2805, 747.2807, 747.2809, 747.2811
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.2801.Must children have a naptime every day?
You must provide a supervised sleep or rest period for all children
18 months or older who are in care for five or more consecutive hours, according
to the child's individual physical needs. You may provide sleep or rest for
each child who attends the child-care home for fewer than five hours and whose
individual physical needs call for a rest period while the child is in care.
§747.2803.How long may the nap and rest time last each day?
The planned sleep or rest period must not exceed three hours.
§747.2807.Must I provide an alternative activity for those children who cannot sleep?
(a)
Yes. You must allow each child who is awake after resting
or sleeping for one hour to participate in an alternative, quiet activity
until the nap/rest time is over for the other children.
(b)
You must take a toddler who sleeps or rests in a crib out
of the crib for other activities when he awakens.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300555
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.2901, 747.2903, 747.2907
The new sections are proposed under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.2901.May I take children away from my child-care home for field trips?
(a)
Yes. You must ensure the children's safety on field trips
and excursions and during any transportation provided by the child-care home.
Anytime you take a child away from the child-care home for a field trip you
must comply with each of the following requirements:
(1)
You must have signed permission from the parent to take
a child away from your child-care home, including permission to transport
the child, if applicable;
(2)
You must carry emergency medical consent forms and emergency
contact information for each child on the field trip;
(3)
You must have a written list of all children on the field
trip and must check the list frequently to account for the presence of all
children on the field trip;
(4)
You must have a first-aid kit immediately available on
all field trips;
(5)
Each child must wear a shirt, name tag, or other identification
listing the name and telephone number of the child-care home;
(6)
Each caregiver must be easily identifiable by all children
on the field trip, by wearing a hat, tee-shirt, brightly colored clothes,
or other easily spotted identification;
(7)
Each caregiver supervising a field trip must have transportation
available, or a communication device such as a cellular phone, message pager,
or two-way radio available or an alternate plan for transportation at the
field trip location in case of emergency; and
(8)
You must ensure that a caregiver trained in CPR and first
aid with rescue breathing and choking is present on the field trip.
(b)
A walk around the caregiver's neighborhood must comply
only with paragraphs (2) and (8) of subsection (a) of this section.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300556
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.3001, 747.3003, 747.3005, 747.3007, 747.3009
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.3001.What is nighttime care?
(a)
Nighttime care is care given on a regular or frequent basis
to children who are starting or continuing their night sleep, or to children
who spend the night or part of the night at the child-care home between the
hours of 9:00 p.m. and 6:00 a.m.
(b)
Nighttime care does not include the occasional sleep-over
program offered at infrequent intervals.
§747.3007.What are the building, furnishing, physical space, and equipment requirements for nighttime care?
In addition to all other building, furnishing, physical space, and
equipment requirements specified in this chapter:
(1)
All exits must be visible. This may be provided by lighted
exit signs or by lighted exits (such as a hall light or lamp that lights the
exit path and door);
(2)
You cannot count a window as one of the child-care home's
required fire exits;
(3)
Each child 18 months old or older must be provided a cot,
bed, or mattress that is waterproof or washable, and developmentally appropriate;
(4)
Children younger than the age of 18 months must be provided
with a crib for nighttime sleeping; and
(5)
Boys and girls six years old or older must have separate
sleeping and dressing areas.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300557
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.3101, 747.3103, 747.3105, 747.3107, 747.3109, 747.3111, 747.3113, 747.3115, 747.3117, 747.3119, 747.3121
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.3101.What are the basic requirements for snack and mealtimes?
(a)
You must serve all children ready for table food regular
meals and morning and afternoon snacks as specified in this subchapter.
(1)
If breakfast is served, a morning snack is not required.
(2)
A child must not go more than three hours without a meal
or snack being offered, unless the child is sleeping.
(3)
If your child-care home is participating in the Child and
Adult Care Food Program (CACFP) administered by the Texas Department of Human
Services, you may elect to meet those requirements rather than those specified
in this subsection.
(b)
You must ensure a supply of drinking water is always available
to each child and is served in a safe and sanitary manner.
(c)
You must not use food as a reward or punishment.
§747.3103.How often must I feed children in my care?
(a)
You must offer each child in care for less than four hours
at least one snack as specified in §747.3107 of this title (relating
to What kind of foods must I serve for snacks?).
(b)
You must offer each child in care for four to seven hours
at least one meal, or one meal and one snack, equal to 1/3 of their daily
food needs.
(c)
You must offer each child in care for more than seven hours
at least two meals and one snack, or two snacks and one meal, equal to 1/2
of their daily food needs.
(d)
You must offer an evening meal and/or bedtime snack and
breakfast to each child who receives nighttime care. The amount you offer
will vary with the time the child arrives and leaves.
(e)
If your home is participating in the Child and Adult Care
Food Program administered by the Texas Department of Human Services, you may
elect to meet those requirements rather than those specified in this section.
§747.3105.How do I know what a child's daily food needs are?
(a)
The daily food needs for children 12 months through 23
months are included in the following chart:
(b)
The daily food needs for children two years through five
years are included in the following chart:
(c)
The daily food needs for children six years and older are
included in the following chart:
(d)
You must serve enough food to allow children second servings
from the vegetable, fruit, grain, and milk groups.
(e)
If your home is participating in the Child and Adult Care
Food Program administered by the Texas Department of Human Services, you may
elect to meet those requirements rather than those specified in this section.
§747.3109.May parents provide meals and/or snacks for their children instead of my child-care home providing them?
(a)
Yes; however, your enrollment agreement signed by the parent
must include a statement that the parent is choosing to provide the child's
meals and/or snacks from home and the parent understands the child-care home
is not responsible for its nutritional value or for meeting the child's daily
food needs;
(b)
If the parent provides a meal but not a snack, you are
responsible for providing a snack as specified in §747.3107 of this title
(relating to What kind of foods must I serve for snacks?);
(c)
You must provide safe and proper storage and service of
the individual meals and snacks provided by parents; and
(d)
You must ensure meals and snacks provided by the parent
are not shared with other children.
§747.3113.Must I post and maintain daily menus?
No, however you must:
(1)
Maintain menus showing all meals and snacks prepared and
served at your child- care home for the previous three months.
(2)
Keep a record of any substitutions made. Substitutions
must be of comparable food value.
(3)
Date the menus. If you rotate menus, there must be a record
of which menu was used for each date.
(4)
Make menus available to Licensing and parents for review
upon request.
§747.3117.What general requirements apply to food service and preparation?
All food and drinks must be of safe quality and stored, prepared, distributed,
and served under sanitary and safe conditions, including at least the following:
(1)
You must sanitize food service equipment, dishes, and utensils
after each use;
(2)
If your child-care home lacks adequate facilities for sanitizing
dishes and utensils, you must use only disposable, single-use items;
(3)
You must wash re-useable napkins, bibs, and tablecloths
after each use;
(4)
You must discard single-service napkins, bibs, dishes,
and utensils after use;
(5)
You must serve children's food on plates, napkins, or other
sanitary holders, such as a high chair tray, and you must not place them on
a bare table or eating surface, which includes the floor;
(6)
You must not serve foods that present a risk of choking
for infants and toddlers;
(7)
You must cover all food stored in the refrigerator; and
(8)
You must not store poisonous or toxic materials and cleaning
supplies with food.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300579
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
1.
ENVIRONMENTAL HEALTH
40 TAC §§747.3201, 747.3203, 747.3205, 747.3207, 747.3209, 747.3211, 747.3213, 747.3215, 747.3217, 747.3219, 747.3221, 747.3223, 747.3225, 747.3227, 747.3229
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.3209.May I use a dishwasher or washing machine to sanitize items at my child-care home?
Items that can be washed in a dishwasher or hot cycle of a washing
machine which runs at a temperature of 160 degrees Fahrenheit or higher for
five or more minutes do not need additional disinfecting because these machines
use water that is hot enough, for long enough, to kill most germs.
§747.3215.How must children and caregivers wash their hands?
Children 18 months and older and caregivers must wash their hands with
soap and running water. An alcohol-based hand sanitizer may be used by caregivers
on visibly clean hands when soap and running water are not readily accessible,
except before handling food. You must follow label directions when using alcohol-based
hand sanitizers.
§747.3217.How must I wash an infant's hands?
(a)
Until the infant is old enough to be raised to the faucet
and reach for the water, you must wash the infant's hands using an individual
cloth or disposable towel with soap, followed by a cloth or disposable towel
used to rinse with clear water and dry.
(b)
Use soap and running water as specified in this division
when infants are old enough to be raised to the faucet and reach for the water
and any other time that the caregiver has reason to believe the child has
come in contact with substances that could be harmful to the child.
§747.3221.Must I wear gloves when handling blood or body fluids containing blood?
Yes, caregivers must:
(1)
Use disposable, nonporous gloves when handling blood or
blood-containing body fluids or discharge from injured tissue;
(2)
Discard the gloves immediately after one use; and
(3)
Wash your hands after using and disposing of the gloves.
§747.3225.Are there general precautions I must take when my child-care home is being treated for insects, rodents, or other pests?
Yes. You must do the following when your child-care home is being treated
for insects, rodents, or other pests:
(1)
Ensure children are not present in an area being treated
with chemicals as required by label directions;
(2)
Apply over-the counter products used for insects, rodent,
and pest control only by following label directions;
(3)
Minimize children's exposure to chemical residue that may
be harmful to them, including odors;
(4)
Store all pest control products according to label directions;
(5)
Immediately dispose of dead insects and rodents in a safe
and sanitary manner.
§747.3227.May I use water from a private water supply instead of a public water supply for my child-care home?
Yes, you may use water from a private water supply, although you must:
(1)
Maintain the water supply in a safe and sanitary manner.
(2)
Maintain written records indicating that the private water
supply meets the requirements of the Texas Commission on Environmental Quality,
if applicable.
§747.3229.May I use a septic system for sewage disposal?
Yes, if the septic system is sanitary and meets the standards of the
Texas Commission on Environmental Quality, including any routine inspections
required by law.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300581
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.3301, 747.3303, 747.3307
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.3301.What steps must I follow for diaper changing?
Caregivers must:
(1)
Promptly change soiled or wet diapers or clothing;
(2)
Thoroughly cleanse the child with an individual cloth or
disposable towel. You must discard the disposable towel after use and launder
any cloth before using it again;
(3)
Ensure that the children are dry before placing a new diaper
on the child. If the child must be dried, you must use a clean, individual
cloth or disposable towel to dry the child. You must discard the disposable
towel after use and launder any cloth before using it again;
(4)
Not apply powders, creams, ointments, or lotions without
the parent's written permission. If the parent supplies these items, permission
is implicit and you do not need to obtain permission for each use;
(5)
Label powders, creams, ointments, or lotions with the individual
child's name; and
(6)
Keep all diaper-changing supplies out of children's reach.
§747.3303.What equipment must I have for diaper changing?
(a)
You must have a diaper-changing table or surface that is:
(1)
Smooth, non-absorbent and easy to clean; and
(2)
Located so that the caregiver using the diapering surface
can supervise children at all times, as specified in §747.1503 of this
title (relating to What does Licensing mean by "supervise children at all
times"?).
(b)
You must not use areas for diaper changing that children
come in close contact with during play or eating, such as dining tables, sofas,
or floor play areas.
(c)
You must sanitize the diapering surface after each use,
as specified in §747.3205 of this title (relating to What does Licensing
mean when it refers to "sanitizing"?) or use a clean, disposable covering
on the diapering surface that must be changed after each use.
(d)
A diapering surface above floor level must have a safety
mechanism that prevents the child from falling from the surface and that is
used at all times when a child is on the surface. A crib with the sides up
is considered safe.
§747.3307.What must I do to prevent the spread of germs when diapering children?
(a)
You must wash your hands after each diaper change. Refer
to §747.3215 of this title (relating to How must children and caregivers
wash their hands?).
(b)
You must wash the infant's hands or see that the child's
hands are washed after each diaper change.
(c)
If you use disposable gloves, you must discard them after
each diaper change and wash your hands as specified in §747.3215 of this
title.
(d)
You must cover containers used for soiled diapers or keep
them in a sanitary manner, such as placing soiled diapers in sealed bags.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300594
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
40 TAC §§747.3401, 747.3403, 747.3405, 747.3407
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300582
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
1.
SAFETY PRECAUTIONS
40 TAC §§747.3501, 747.3503, 747.3505, 747.3507
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs; and Human Resources Code, §42.042, which gives
the department the authority to promulgate rules to carry out statute and
to regulate child-care facilities and homes.
The new sections implement the Human Resources Code, §40.029 and §42.042.
§747.3501.What safety precautions must I take to protect children in my child-care home?
All areas accessible to a child must be free from hazards including,
but not limited to, the following:
(1)
Electrical outlets accessible to a child younger than five
years must have child-proof covers or safety outlets;
(2)
220-volt electrical connections within any child's reach
must be covered with a screen or guard;
(3)
Air conditioners, electric fans, and heaters must be mounted
out of all children's reach or have safeguards that keep any child from being
injured;
(4)
Glass in sliding doors must be clearly marked with decals
or other materials placed at children's eye level;
(5)
Play materials and equipment must be safe and free from
sharp or rough edges and toxic paints;
(6)
Poisonous or potentially harmful plants must be inaccessible
to children;
(7)
All storage chests, boxes, trunks, or similar items with
hinged lids must be equipped with a lid support designed to hold the lid open
in any position, be equipped with ventilation holes, and must not have a latch
that might close and trap a child inside; and
(8)
All bodies of water, such as, pools, hot tubs, ponds, creeks,
birdbaths, fountains, buckets, and rain barrels, must be inaccessible to children.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 24, 2003.
TRD-200300583
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: September 1, 2003
Proposal publication date: August 16, 2002
For further information, please call: (512) 438-3437
Subchapter E. COVERED SERVICES
Subchapter F. REIMBURSEMENT
Subchapter J. MISCELLANEOUS
Part 6.
TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING
Part 19.
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
Subchapter C. STANDARDS FOR KINDERGARTENS AND NURSERY SCHOOLS
Subchapter D. STANDARDS FOR SCHOOLS: GRADES KINDERGARTEN AND ABOVE
Subchapter E. MINIMUM STANDARDS FOR DAY CARE CENTERS
Subchapter G. STANDARDS FOR GROUP DAY CARE HOMES
Subchapter H. MINIMUM STANDARDS FOR DROP-IN CARE CENTERS
Subchapter UUUU. SUPPORT DOCUMENTS
Chapter 745.
LICENSING
Subchapter P. DAY CARE ADMINISTRATOR'S CREDENTIAL PROGRAM
Chapter 746.
MINIMUM STANDARDS FOR CHILD-CARE CENTERS
Subchapter B. ADMINISTRATION AND COMMUNICATION
2.
REQUIRED NOTIFICATION
3.
REQUIRED POSTINGS
4.
OPERATIONAL POLICIES
Subchapter C. RECORD KEEPING
2.
RECORDS OF ACCIDENTS AND INCIDENTS
3.
RECORDS THAT MUST BE KEPT ON FILE AT THE CHILD-CARE CENTER
4.
PERSONNEL RECORDS
Subchapter D. PERSONNEL
2.
CHILD-CARE CENTER EMPLOYEES AND CAREGIVERS
3.
GENERAL RESPONSIBILITIES FOR CHILD-CARE CENTER PERSONNEL
4.
PROFESSIONAL DEVELOPMENT
5.
VOLUNTEERS, SUBSTITUTES, AND CONTRACTORS
Subchapter E. CHILD/CAREGIVER RATIOS AND GROUP SIZES
2.
CLASSROOM RATIOS AND GROUP SIZES FOR CENTERS LICENSED TO CARE FOR 13 OR MORE CHILDREN
3.
CLASSROOM RATIOS AND GROUP SIZES FOR CENTERS WHEN 12 OR FEWER CHILDREN ARE IN CARE
4.
RATIOS FOR FIELD TRIPS
5.
RATIOS FOR THE GET-WELL CARE PROGRAM
6.
RATIOS FOR NIGHTTIME CARE
7.
RATIOS FOR WATER ACTIVITIES
Subchapter F. DEVELOPMENTAL ACTIVITIES AND ACTIVITY PLAN
Subchapter G. BASIC CARE REQUIREMENTS FOR CHILDREN WITH SPECIAL CARE NEEDS
Subchapter H. BASIC CARE REQUIREMENTS FOR INFANTS
Subchapter I. BASIC CARE REQUIREMENTS FOR TODDLERS
Subchapter J. BASIC CARE REQUIREMENTS FOR PRE-KINDERGARTEN AGE CHILDREN
Subchapter K. BASIC CARE REQUIREMENTS FOR SCHOOL-AGE CHILDREN
Subchapter L. DISCIPLINE AND GUIDANCE
Subchapter M. NAPTIME
Subchapter N. FIELD TRIPS
Subchapter O. GET-WELL CARE PROGRAMS
Subchapter P. NIGHTTIME CARE
Subchapter Q. NUTRITION AND FOOD SERVICE
Subchapter R. HEALTH PRACTICES
2.
DIAPER CHANGING
3.
ILLNESS AND INJURY
Subchapter S. SAFETY PRACTICES
2.
MEDICATIONS
3.
ANIMALS AT THE CHILD-CARE CENTER
4.
FIRST-AID KITS
5.
RELEASE OF CHILDREN
Subchapter T. PHYSICAL FACILITIES
2.
OUTDOOR SPACE REQUIREMENTS
3.
TOILETS AND SINKS
4.
FURNITURE AND EQUIPMENT
Subchapter U. OUTDOOR SAFETY AND PLAY EQUIPMENT
2.
SWINGS
3.
PLAYGROUND USE ZONES
4.
PLAYGROUND SURFACING
Subchapter V. SWIMMING POOLS AND WADING/SPLASHING POOLS
Subchapter W. FIRE SAFETY AND EMERGENCY PRACTICES
2.
EMERGENCY EVACUATION AND RELOCATION
3.
FIRE EXTINGUISHING AND SMOKE DETECTION SYSTEMS
4.
GAS AND PROPANE TANKS
5.
HEATING DEVICES
Subchapter X. TRANSPORTATION
Chapter 747.
MINIMUM STANDARDS FOR CHILD-CARE HOMES
Subchapter B. ADMINISTRATION AND COMMUNICATION
2.
REQUIRED NOTIFICATIONS
3.
REQUIRED POSTINGS
4.
OPERATIONAL POLICIES
Subchapter C. RECORD KEEPING
2.
RECORDS OF ACCIDENTS AND INCIDENTS
3.
RECORDS THAT MUST BE KEPT ON FILE AT THE CHILD-CARE HOME
4.
RECORDS ON CAREGIVERS AND HOUSEHOLD MEMBERS
Subchapter D. PERSONNEL
2.
PRIMARY CAREGIVER OF A LICENSED CHILD-CARE HOME
3.
ASSISTANT AND SUBSTITUTE CAREGIVERS
4.
PROFESSIONAL DEVELOPMENT
5.
HOUSEHOLD MEMBERS, VOLUNTEERS, AND PEOPLE WHO OFFER CONTRACTED SERVICES
6.
GENERAL RESPONSIBILITIES FOR CAREGIVERS AND HOUSEHOLD MEMBERS
Subchapter E. CHILD/CAREGIVER RATIOS AND GROUP SIZES
2.
REGULAR RATIOS AND GROUP SIZES IN THE REGISTERED CHILD-CARE HOME
3.
REGULAR RATIOS AND GROUP SIZES IN THE LICENSED CHILD-CARE HOME
4.
RATIOS FOR FIELD TRIPS
5.
RATIOS FOR WATER ACTIVITIES
Subchapter F. DEVELOPMENTAL ACTIVITIES AND ACTIVITY PLAN
Subchapter G. BASIC CARE REQUIREMENTS FOR CHILDREN WITH SPECIAL CARE NEEDS
Subchapter H. BASIC CARE REQUIREMENTS FOR INFANTS
Subchapter I. BASIC CARE REQUIREMENTS FOR TODDLERS
Subchapter J. BASIC CARE REQUIREMENTS FOR PRE-KINDERGARTEN AGE CHILDREN
Subchapter K. BASIC CARE REQUIREMENTS FOR SCHOOL-AGE CHILDREN
Subchapter L. DISCIPLINE
Subchapter M. NAPTIME
Subchapter N. FIELD TRIPS
Subchapter P. NIGHTTIME CARE
Subchapter Q. NUTRITION AND FOOD SERVICE
Subchapter R. HEALTH PRACTICES
2.
DIAPER CHANGING
3.
ILLNESS AND INJURY
Subchapter S. SAFETY PRACTICES
2.
MEDICATION