Part 19.
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
Chapter 745.
LICENSING
The Texas Department of Protective and Regulatory Services (PRS) proposes
amendments to §§745.1, 745.21, 745.37, 745.243, 745.249, 745.341,
745.371, 745.373, 745.379, 745.383, 745.385, 745.433, 745.507, 745.619, 745.631,
745.683, 745.693, and 745.8411, concerning administrative rules, in its Licensing
chapter. The purpose of the amendments is to revise Licensing's administrative
rules to conform to applicable changes in the minimum standard rules that
were made due to the consolidation of multiple sets of minimum standards into
two sets--one for child-care homes and one for child-care centers, and to
conform to new terms and definitions in Chapter 746, Minimum Standards for
Child-Care Centers, and Chapter 747, Minimum Standards for Child-Care Homes.
Donna Krueger, Budget and Federal Funds Director, has determined that for
the first five-year period the proposed sections will be in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the sections.
Ms. Krueger also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be that the rules and language in these rules will be consistent
with child day-care minimum standard rules and this will facilitate understanding
and compliance with the rules. There will be no effect on large, small, or
micro-businesses because these rules do not impose new requirements on the
cost of doing business, do not require the purchase of any new equipment,
and should not require any increased staff time in order to comply. There
is no anticipated economic cost to persons who are required to comply with
the proposed sections.
Questions about the content of the proposal may be directed to Carol Allen
at (512) 438-5339 in PRS's Licensing Division. Written comments on the proposal
may be submitted to Texas Register Liaison, Legal Services-253, Texas Department
of Protective and Regulatory Services E-611, P.O. Box 149030, Austin, Texas
78714-9030, within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
Subchapter A. PRECEDENCE AND DEFINITIONS
1.
PRECEDENCE
40 TAC §745.1
The amendment is proposed under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs, and the Human Resources Code, §40.002, which
gives the department primary responsibility for regulating child-care facilities.
The amendment implements the Human Resources Code, §40.029.
§745.1.What is the relationship between this chapter and the Residential Child Care [
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on May 27, 2003.
TRD-200303232
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: July 25, 2003
For further information, please call: (512) 438-3437
40 TAC §745.21
The amendment is proposed under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs, and the Human Resources Code, §40.002, which
gives the department primary responsibility for regulating child-care facilities.
The amendment implements the Human Resources Code, §40.029.
§745.21.What do the following words and terms mean when used in this chapter?
The following words and terms, when used in this chapter, have the
following meanings unless the context clearly indicates otherwise:
(1)
Abuse--As defined in the Texas Family Code, §261.401(1)
(relating to Agency Investigation)
and §745.8557 of this title (relating
to What is abuse?)
.
(2) - (23)
(No change.)
(24)
Minimum standards--The rules contained in Chapters [
(25)
Neglect--As defined in the Texas Family Code, §261.401(3)
(relating to Agency Investigation)
and §745.8559 of this title (relating
to What is neglect?)
.
(26) - (36)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 27, 2003.
TRD-200303233
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: July 25, 2003
For further information, please call: (512) 438-3437
40 TAC §745.37
The amendment is proposed under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs, and the Human Resources Code, §40.002, which
gives the department primary responsibility for regulating child-care facilities.
The amendment implements the Human Resources Code, §40.029.
§745.37.What specific types of operations does Licensing regulate?
The charts in paragraphs (1)
,
[
(1)
Types of Child Day-Care Operations
before September
1, 2003
.
Figure: 40 TAC §745.37(1) (No change.)
(2)
Types of Child Day-Care Operations on and after September 1, 2003.
(3)
[
[
(4)
[
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 27, 2003.
TRD-200303234
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: July 25, 2003
For further information, please call: (512) 438-3437
3.
SUBMITTING THE APPLICATION MATERIALS
40 TAC §745.243, §745.249
The amendments are proposed under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs, and the Human Resources Code, §40.002, which
gives the department primary responsibility for regulating child-care facilities.
The amendments implement the Human Resources Code, §40.029.
§745.243.What does a completed application for a permit include?
Application forms vary according to the type of permit. We will provide
you with the required forms. Contact your local Licensing office for additional
information. The following table outlines the requirements for a completed
application:
§745.249.What insurance coverage must I have for my licensed operation?
You must obtain liability insurance coverage for injury to a child
that occurs while the child is in your care or on the premises of the operation
in the amount of at least $300,000 for each occurrence of negligence. We do
not require a certified operation or licensed
child-care
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 27, 2003.
TRD-200303235
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: July 25, 2003
For further information, please call: (512) 438-3437
40 TAC §745.341
The amendment is proposed under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs, and the Human Resources Code, §40.002, which
gives the department primary responsibility for regulating child-care facilities.
The amendment implements the Human Resources Code, §40.029.
§745.341.What type of permit will Licensing issue me?
(a)
We issue listed
family homes
and registered
child-care
[
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 27, 2003.
TRD-200303236
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: July 25, 2003
For further information, please call: (512) 438-3437
40 TAC §§745.371, 745.373, 745.379, 745.383, 745.385
The amendments are proposed under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs, and the Human Resources Code, §40.002, which
gives the department primary responsibility for regulating child-care facilities.
The amendments implement the Human Resources Code, §40.029.
§745.371.Can Licensing issue more than one registration for a single child-care [
No. We can issue only one registration for a single living unit. If
more than one person cares for children in a single living unit or
child-care
[
§745.373.May I have more than one licensed child-care [
No, you may not have more than one licensed child-care home. A
child-care home must operate in the caregiver's own residence. If you were
licensed to operate more than one group day-care home prior to September 1,
2003, you may continue to operate two or more licensed child-care homes as
long as the licenses remain valid and you meet the following conditions
[
(1)
Your facilities are at separate locations;
(2)
You maintain your operations separately;
and
(3)
You do not move children back and forth
between the two licensed child-care homes.
[(1)
Your facilities are at separate locations;]
[(2)
You maintain separate operations; and]
[(3)
You do not move children back and forth
between the two group day care homes.]
§745.379.Can a single operation [
A single operation may have one license to be a child-care home
and another license to be a child-care center if
[
(1)
Before September 1, 2003, the operation
held a license to be a group day-care home and a license to be a kindergarten/nursery
school or school for grades kindergarten and above, and these licenses remain
valid;
(2)
By August 31, 2003, you notified us that
you chose to have both a licensed child-care home and licensed child-care
center at the same location;
(3)
The licensed child-care home does not
operate during the same hours as the licensed child-care center;
(4)
During the hours that the operation is
a child-care home, it meets the minimum standards for child-care homes; and
(5)
During the hours that the operation is
a child-care center, it meets the minimum standards for child-care centers.
[(1)
The group day-care home does not operate
during the same hours as the kindergarten/nursery school or school;]
[(2)
On any given day, a child does not participate
in more than one nursery-school, kindergarten, or school session; and]
[(3)
On any given day, a child does not participate
in both a kindergarten or nursery school program and a school program.]
§745.383.Can a licensed or registered child day-care operation offer 24-hour care?
Yes, but we must approve your license
or registration
to
care for children both during the day and night. Even then, a child may only
be in care for three consecutive 24-hour periods with a maximum of six 24-hour
periods per month. [
§745.385.Can multiple operations operate under one permit?
Multiple operations may not operate under one permit unless they are:
(1)
Contiguous to one another
,
[
(2)
Not contiguous
,
but
they
are the
same type of child-care operation, [
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 27, 2003.
TRD-200303237
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: July 25, 2003
For further information, please call: (512) 438-3437
40 TAC §745.433
The amendment is proposed under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs, and the Human Resources Code, §40.002, which
gives the department primary responsibility for regulating child-care facilities.
The amendment implements the Human Resources Code, §40.029.
§745.433.What must I do if I relocate my registered child-care [
If you relocate your registered
child-care
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 27, 2003.
TRD-200303238
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: July 25, 2003
For further information, please call: (512) 438-3437
40 TAC §745.507
The amendment is proposed under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs, and the Human Resources Code, §40.002, which
gives the department primary responsibility for regulating child-care facilities.
The amendment implements the Human Resources Code, §40.029.
§745.507.What fees must I pay to register my child-care [
The following chart contains the fees required for registered
child-care
[
Figure: 40 TAC §745.507 (No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 27, 2003.
TRD-200303239
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: July 25, 2003
For further information, please call: (512) 438-3437
2.
REQUESTING BACKGROUND CHECKS
40 TAC §745.619, §745.631
The amendments are proposed under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs, and the Human Resources Code, §40.002, which
gives the department primary responsibility for regulating child-care facilities.
The amendments implement the Human Resources Code, §40.029.
§745.619.For a registered child-care [
No. Foster children are considered clients.
§745.631.Must Licensing complete the background check(s) before issuing my permit?
For registered
child-care homes,
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 27, 2003.
TRD-200303240
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: July 25, 2003
For further information, please call: (512) 438-3437
40 TAC §745.683, §745.693
The amendments are proposed under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs, and the Human Resources Code, §40.002, which
gives the department primary responsibility for regulating child-care facilities.
The amendments implement the Human Resources Code, §40.029.
§745.683.Who is responsible for submitting a request for a risk evaluation?
(a)
If the person with the criminal conviction or central registry
finding is an independent foster home parent
, a registered child-care
home caregiver,
or a
listed
family home caregiver, then he
must request the risk evaluation for himself;
(b) - (c)
(No change.)
§745.693.In what circumstances can someone with a criminal history be present in a child-care operation?
(a)
The following chart lists the types of criminal convictions
that we monitor, whether the person with the conviction is eligible for a
risk evaluation, and whether he may be present in a child-care operation while
children are in care pending the outcome of the risk evaluation:
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 27, 2003.
TRD-200303241
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: July 25, 2003
For further information, please call: (512) 438-3437
other ] Licensing chapters?
Chapter 745 replaces Chapter 725 of this title (relating to General
Licensing Procedures).
] Chapter 745 [
also
] takes precedence
over conflicting rules in Chapters [
715,
] 720
of this title
(relating to 24-Hour Care Licensing)
[
,
] and 727
of this
title (relating to Licensing of Maternity Facilities)
[
of this
title (relating to Day Care Licensing, Standards for 24-Hour Care Facilities,
and Licensing of Maternity Facilities)
].
3.
DEFINITIONS FOR LICENSING
715,
] 720
of this title (relating to 24-Hour Care Licensing)
,
[
and
] 727 of this title (relating to [
Day Care Licensing,
Standards for 24-Hour Care Facilities, and
] Licensing of Maternity Facilities),
746 of this title (relating to Minimum Standards for Child-Care Centers),
and 747 of this title (relating to Minimum Standards for Child-Care Homes),
and Subchapters [
G,
] H [
,
] and I of this chapter
(relating to [
Child Day-Care,
] Residential Child-Care
Minimum
Standards
, and Maternity Homes Minimum Standards) which are minimum
requirements for permit holders and which are enforced by PRS to protect the
health, safety and well-being of children.
Subchapter B. CHILD CARE AND OTHER OPERATIONS THAT WE REGULATE
and
] (2)
, and (3)
of this section list the types of operations for child day
care and residential child care that we regulate. Maternity homes and child-placing
agencies are included in the residential child-care chart. The chart in paragraph
(4)
[
(3)
] of this section lists the operations verified by
a child-placing agency.
(2)
] Types of Residential Child-Care Operations.
Figure: 40 TAC §745.37(2)
]
(3)
] Types of CPA Homes.
Figure: 40 TAC §745.37(3)
]
Subchapter D. APPLICATION PROCESS
group day
] home to have liability insurance.
7.
THE DECISION TO ISSUE OR DENY A PERMIT
family
] homes and certified operations a non-expiring
permit.
8.
DUAL AND MULTIPLE PERMITS family ] home?
family
] home, the name on the permit must be the name of
the primary caregiver.
group day care ] home?
You may have more than one group day care home if
]:
provider ] have more than one child day-care license at the same location [ separate licenses ]?
A single provider
may have one license to be a day-care center or group day-care home and another
to be a kindergarten/nursery school or school for grades kindergarten and
above only under the following conditions
]:
You cannot exceed these limits without getting a
license for a residential child-care operation.
]
and
]
are the same type of child-care operation
, and have the same governing
body
[
. For example, a full-time day-care center and after-school
day care offered in the same building can operate under one permit because
they are both regulated as day-care centers. This also applies to multiple
operation day-care centers, kindergarten and nursery school, schools grade
kindergarten and above, and group day-care homes if all programs are regulated
under the minimum standards for day-care centers
]; or
they
] are nearby one another,
and [
they
] operate
as
[
under
] a single operation
as evidenced by staffing, finance, and administrative supervision effectively
supporting the operations.
10.
RELOCATION OF OPERATION family ] home after I receive my registration?
family
] home, you must notify us as early as possible before the move, but
no later than 15 days after the move. You must complete a form provided by
us showing your new address. We will inspect your new location. If you comply
with standards, we will amend the registration certificate to reflect the
new address. The issuance date on the registration certificate will remain
in effect. There is no additional fee for your change in location. We may
revoke your registration if you do not notify us within 15 days of the relocation.
Subchapter E. FEES family ] home and maintain the registration?
family
] homes, when the fees are due, and the
consequences for failure to pay the fees on time:
Subchapter F. BACKGROUND CHECKS family ] home that is also a foster home, must I request background checks on foster children who are over 14 years old?
or
] listed
family homes and independent foster homes and foster group homes, we must
receive the results from the background checks before the issuance of a permit.
For all other permits, we may issue a permit to an applicant before we receive
the results of the background checks.
4.
EVALUATION OF RISK BECAUSE OF A CRIMINAL CONVICTION OR A CENTRAL REGISTRY FINDING OF CHILD ABUSE OR NEGLECT
Subchapter K. INSPECTIONS AND INVESTIGATIONS