PART 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 746. MINIMUM STANDARDS FOR CHILD-CARE CENTERS
The Health and Human Services Commission proposes, on behalf of the Department of Family and Protective Services (DFPS), amendments to §§746.1017, 746.1601, and 746.1609, concerning child-care center director qualifications and classroom ratios and group sizes, in its Minimum Standards for Child-Care Centers. The purpose of the amendments is to clarify rule language and ensure consistency with regulations. The purpose of the amendment to §746.1017 is to replace the current graphic with an amended version, which is needed as a result of a technical oversight. The amendments to §746.1601 and §746.1609 clarify that children up through age 13 years may be cared for in licensed child-care centers, as outlined in the Human Resources Code, §42.001.
Cindy Brown, Chief Financial Officer of DFPS, has determined that for the first five-year period the proposed sections will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections.
Ms. Brown also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be that child-care facilities will have a clearer understanding that children through the age of 13 years may be in care and of the rules related to director qualifications. There will be no effect on large, small, or micro-businesses because the proposed changes do not impose new requirements on any business and do not require the purchase of any new equipment or 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.
HHSC has determined that the proposed amendments do not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, do not constitute a taking under §2007.043, Government Code.
Questions about the content of the proposal may be directed to Lee Roberts at (512) 438-3246 in DFPS's Licensing Division. Electronic comments may be submitted to Marianne.Mcdonald@dfps.state.tx.us. Written comments on the proposal may be submitted to Texas Register Liaison, Legal Services-391, Department of Family and Protective Services E-611, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register.
SUBCHAPTER D. PERSONNEL
DIVISION 1. CHILD-CARE CENTER DIRECTOR
The amendment is proposed under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services; and HRC §40.021, which provides that the Family and Protective Services Council shall study and make recommendations to the Executive Commissioner and the Commissioner regarding rules governing the delivery of services to persons who are served or regulated by the department.
The amendment implements HRC §42.042.
§746.1017.What qualifications must the director of my child-care center licensed for 12 or fewer children meet?
(a) Except as otherwise provided in this division, the director of a child-care center licensed for 12 or fewer children must be at least 21 years old, have a high school diploma or its equivalent, and meet one of the following combinations of education and experience, as defined in §746.1021 of this title (relating to What constitutes experience in a licensed child-care center, or in a licensed or registered child-care home?):
(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 January 21, 2009.
TRD-200900260
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: March 8, 2009
For further information, please call: (512) 438-3437
DIVISION 2. CLASSROOM RATIOS AND GROUP SIZES FOR CENTERS LICENSED TO CARE FOR 13 OR MORE CHILDREN
The amendments are proposed under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services; and HRC §40.021, which provides that the Family and Protective Services Council shall study and make recommendations to the Executive Commissioner and the Commissioner regarding rules governing the delivery of services to persons who are served or regulated by the department.
The amendments implement HRC §42.042.
§746.1601.How many children may one caregiver supervise?
The classroom ratio is the number of children one caregiver may supervise and is shown in the following chart. The classroom ratio is based on the specified age of the children in the group, unless otherwise stated in this subchapter:
§746.1609.What is the maximum group size?
The maximum group size and the number of children two or more caregivers may supervise when 13 or more children are in care is specified in the following chart and is based on the specified age of the children in the group:
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 January 21, 2009.
TRD-200900261
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: March 8, 2009
For further information, please call: (512) 438-3437