PART 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 746. MINIMUM STANDARDS FOR CHILD-CARE CENTERS
The Health and Human Services Commission adopts, on behalf of the Department of Family and Protective Services (DFPS), amendments to §§746.1017, 746.1601, and 746.1609, without changes to the proposed text published in the February 6, 2009, issue of the Texas Register (34 TexReg 804).
The justification for the amendments is to clarify rule language and ensure consistency with regulations. The amendment to §746.1017 replaces 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.
The amendments will function by ensuring that child-care facilities have a clearer understanding that children through the age of 13 years may be in care and of the rules related to director qualifications.
No comments were received regarding adoption of the amendments.
SUBCHAPTER D. PERSONNEL
DIVISION 1. CHILD-CARE CENTER DIRECTOR
The amendment is adopted 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.
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 April 27, 2009.
TRD-200901575
Gerry Williams
General Counsel
Department of Family and Protective Services
Effective date: June 1, 2009
Proposal publication date: February 6, 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 adopted 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.
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 April 27, 2009.
TRD-200901576
Gerry Williams
General Counsel
Department of Family and Protective Services
Effective date: June 1, 2009
Proposal publication date: February 6, 2009
For further information, please call: (512) 438-3437