reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 9 - REAPPLYING FOR A PERMIT › Section 745.401 - What fees must I pay when I reapply for a permit?

Current through Reg. 49, No. 28; July 12, 2024
Unless you are reapplying within 30 days after you
						withdrew your original application, you must pay all fees. The reapplication is
						considered an original application.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 9 - REAPPLYING FOR A PERMIT › Section 745.403 - When am I eligible to apply for another permit after Licensing denies , revokes , or refuses to renew my permit?

Current through Reg. 49, No. 28; July 12, 2024
(a) You are eligible to apply for another
					 permit after the fifth anniversary of the date on which any of the following
					 adverse actions takes effect or you voluntarily close or relinquish your permit
					 after receiving notice of our intent to take such an action:
(1) A denial of your application under §
												745.8650
					 of this chapter (relating to When may Licensing deny a permit?);
(2) A revocation of your permit under §
												745.8654
					 of this chapter (relating to When may Licensing revoke my permit?); or
(3) A refusal to renew your permit
					 under §
												745.8655
					 of this chapter (relating to When may Licensing refuse to renew my
					 permit?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 9 - REAPPLYING FOR A PERMIT › Section 745.405 - Can I operate after I apply for a permit?

Current through Reg. 49, No. 28; July 12, 2024
You cannot operate merely because you apply for a permit.
						We may deny you a permit if you operate before a permit is
						issued.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 10 - RELOCATION OF OPERATION › Section 745.429 - What must I do if I relocate my operation after I receive my compliance certificate?

Current through Reg. 49, No. 28; July 12, 2024
(a) A change
					 in location automatically revokes your compliance certificate.
(b) If you are going to relocate your
					 operation for any reason, you must notify us as early as possible before the
					 move to voluntarily relinquish your permit. You may reapply for a permit to
					 operate at your new location. See Division 3 of this subchapter (relating to
					 Submitting the Application Materials).
(c) If you fail to notify us before you
					 relocate, we may deny you a permit for the new location.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 10 - RELOCATION OF OPERATION › Section 745.431 - What must I do if I relocate my listed family home ?

Current through Reg. 49, No. 28; July 12, 2024
If you relocate your listed family home, you must notify
						us of the new address within 15 days after the move. We will amend the listing
						to reflect the new address. The issuance date on the original listing will
						remain in effect. There is no additional fee for your change in location. We
						may revoke your listing if you do not notify us within 15 days of the
						relocation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 10 - RELOCATION OF OPERATION › Section 745.433 - What must I do if I relocate my registered child-care home after I receive my registration?

Current through Reg. 49, No. 28; July 12, 2024
If you relocate your registered child-care home, you must
						notify us of the new address within 15 days after the move. We will inspect
						your new location. If the new location complies with the minimum standards, we
						will amend the registration to reflect the new address. The issuance date on
						the registration 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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 10 - RELOCATION OF OPERATION › Section 745.435 - What must I do if I relocate my operation after I receive my license or certification?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you are going to
					 relocate your operation permanently to a new location, you must notify us as
					 early as possible before the move and meet the notification requirements in the
					 following table.
Attached
						Graphic
(b) If
					 you fail to notify us before you relocate, we may deny you an amendment to your
					 permit that would allow you to operate at the new location.
(c) You must notify us of the address of your
					 new location by completing a form that we provide you. After we inspect your
					 new location, we will amend your permit to reflect the new address if:
(1) The new location complies with the
					 minimum standards; and
(2) You meet
					 the requirements in Division 4 of this subchapter (relating to Public Notice
					 and Hearing Requirements for Residential Child-Care Operations), if applicable.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 10 - RELOCATION OF OPERATION › Section 745.436 - What is the result of a change in the ownership of an operation with a license?

Current through Reg. 49, No. 28; July 12, 2024
A change in the ownership of an operation with a license
						results in the automatic revocation of the license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 10 - RELOCATION OF OPERATION › Section 745.437 - What is a change in the ownership of an operation?

Current through Reg. 49, No. 28; July 12, 2024
(a) A change in ownership of an operation
					 occurs when:
(1) The owner stated on the
					 license no longer owns the operation;
(2) The governing body stated on the license
					 no longer has the ultimate authority and responsibility for the
					 operation;
(3) There is a change in
					 the legal organizational structure of the operation; or
(4) A business entity that is a permit holder
					 is sold or otherwise acquired by one or more persons or business entities,
					 except as set forth in subsection (b) of this section.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 10 - RELOCATION OF OPERATION › Section 745.439 - What must I do if the ownership of my employer-based child care operation or shelter care operation changes?

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 change in your ownership automatically revokes your permit.
(b) If you are going to change ownership, you
					 must notify us as early as possible before the change. See Division 3 of this
					 subchapter (relating to Submitting the Application Materials).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 11 - EMPLOYER-BASED CHILD CARE › Section 745.461 - Where must a child's parent be while the child is in care?

Current through Reg. 49, No. 28; July 12, 2024
A parent must:
(1) Work within the same building in which
					 the child care is located;
(2)
					 Routinely be present at the work site for most of the time the child is in
					 care;
(3) Be physically accessible
					 to the child, although the parent may be away from the building for a limited
					 period of time, such as for lunch or to attend a business meeting, a medical
					 appointment, or training related to work; and
(4) Not be away from the building for more
					 than four hours in a day or for more than ten hours in a week.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 11 - EMPLOYER-BASED CHILD CARE › Section 745.463 - What are the qualifications to be a caregiver at an employer-based child care?

Current through Reg. 49, No. 28; July 12, 2024
A caregiver must:
(1) Be at least 18 years of age;
(2) Have a high school diploma or its
					 equivalent, and upon request verify completion of any high school equivalency
					 program with original documentation to us. A high school equivalent is a
					 program recognized by the Texas Education Agency (TEA) or other public
					 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;
(3) Meet the requirements in Subchapter F of
					 Chapter 745 of Title 40 (relating to Background Checks);
(4) Before being counted in the
					 caregiver-to-child ratio, complete an orientation for caregivers to include at
					 least the following:
(A) A presentation of
					 your operational policies including discipline, guidance, and the release of
					 children;
(B) An overview of
					 symptoms of child abuse, neglect, and sexual abuse and the responsibility for
					 reporting these;
(C) The procedures
					 to follow in handling emergencies, which may include, but are not limited to,
					 fire, explosion, tornado, toxic fumes, volatile persons, and severe injury or
					 illness of a child or adult; and
(D) The use and location of fire
					 extinguishers and first-aid equipment;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 11 - EMPLOYER-BASED CHILD CARE › Section 745.464 - What are my responsibilities regarding criminal background check requirements?

Current through Reg. 49, No. 28; July 12, 2024
In addition to meeting the requirements in Subchapter F
						of this chapter (relating to Background Checks), you must ensure all
						information related to background checks is kept confidential as required by
						Texas Human Resources Code §
											40.005(d) and
						(e) and Texas Government Code §
											411.084
						and §
											411.085.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 11 - EMPLOYER-BASED CHILD CARE › Section 745.465 - When must my employer-based child care report a serious incident to Licensing?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must
					 report the following types of serious incidents involving a child in your care.
					 The reports must be made to the following entities, and the reporting must be
					 within the specified time frames:
Attached
						Graphic
(b) You
					 must report the following types of serious incidents involving your operation
					 or an employee to the following entities within the specified time frame:
Attached
						Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 11 - EMPLOYER-BASED CHILD CARE › Section 745.467 - What are my responsibilities regarding the report of abuse, neglect, or exploitation?

Current through Reg. 49, No. 28; July 12, 2024
In addition to reporting serious incidents, you must
						inform your employees of the duty to report suspected abuse, neglect, or
						exploitation to the Texas Department of Family and Protective Services as
						required by the Texas Family Code, §
											261.101,
						and Texas Human Resources Code, §
											42.063(c).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 11 - EMPLOYER-BASED CHILD CARE › Section 745.469 - What are the requirements if my operation chooses to maintain and administer unassigned epinephrine auto-injectors?

Current through Reg. 49, No. 28; July 12, 2024
If your operation maintains and administers unassigned
						epinephrine auto-injectors to use when a child in care has an emergency
						anaphylaxis reaction, you must:
(1)
					 Adopt and implement a written policy that complies with the unassigned
					 epinephrine auto-injector requirements set by the Texas Department of State
					 Health Services, as specified in 25 TAC Chapter 40, Subchapter C (relating to
					 Epinephrine Auto-Injector Policies in Youth Facilities) and Texas Health and
					 Safety Code §
											773.0145;
					 and
(2) Notify the child's parent,
					 immediately after ensuring the safety of the child, if the child has had an
					 emergency anaphylaxis reaction that required administration of an unassigned
					 epinephrine auto-injector.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 12 - PERMIT RENEWAL › Section 745.471 - What types of permits need to be renewed?

Current through Reg. 49, No. 28; July 12, 2024
(a) A full license, certification , or
					 registration will expire if it is not renewed.
(b) There are no renewal requirements for a
					 compliance certificate or listing.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 12 - PERMIT RENEWAL › Section 745.473 - When do I need to apply to renew my full license, certification , or registration?

Current through Reg. 49, No. 28; July 12, 2024
(a) If your
					 permit is subject to renewal as outlined in §745.471 of this division
					 (relating to What types of permits need to be renewed?), you must apply to
					 renew your permit every two years after the date we issue your full
					 permit.
(b) If your operation is
					 under an enforcement action described in §
											745.8603
					 of this chapter (relating to What enforcement actions may Licensing recommend
					 or impose?), you must still timely apply to renew your permit.
(c) During the year that you must renew your
					 permit, your renewal period:
(1) Begins 60
					 calendar days before the anniversary of when we issued your full permit to you;
					 and
(2) Ends on the date of the
					 anniversary.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 12 - PERMIT RENEWAL › Section 745.475 - What does a completed renewal application for a permit include?

Current through Reg. 49, No. 28; July 12, 2024
(a) A completed renewal application includes:
(1) Verification that the following
					 information is current and accurate:
(A) Your
					 operation's basic information on Licensing's consumer website;
(B) The list of controlling persons at your
					 operation;
(C) The list of your
					 governing body's members, such as officers and owners, if applicable;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 12 - PERMIT RENEWAL › Section 745.477 - What happens after Licensing receives my renewal application?

Current through Reg. 49, No. 28; July 12, 2024
(a) After receiving your renewal application,
					 we evaluate whether:
(1) You completed the
					 renewal application as required by §745.475 of this division (relating to
					 What does a completed renewal application for a permit include?);
(2) We have cited you for repeated
					 deficiencies or a pattern of deficiencies during the previous five [two] years;
(3) You have corrected each
					 deficiency with an expired compliance date that is not pending due process,
					 including an administrative review, a due process hearing, or any subsequent
					 rights of appeal;
(4) You currently
					 meet all background check requirements in Subchapter F of this chapter
					 (relating to Background Checks);
(5) You have paid:
(A) All fees required by Subchapter E of this
					 chapter (relating to Fees); and
(B)
					 Each administrative penalty that you owe after waiving or exhausting any due
					 process provided under Texas Human Resources Code §
													42.078;
(6) We must visit your
					 operation to determine your eligibility for renewal, such as to review records
					 to determine whether you have corrected all relevant deficiencies; and
(7) We must hold a public hearing
					 as required by §745.487 of this division (relating to Is a public hearing
					 required for the renewal of a license?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 12 - PERMIT RENEWAL › Section 745.478 - When does Licensing have good cause to exceed the timeframe for processing my renewal application?

Current through Reg. 49, No. 28; July 12, 2024
We have good cause to exceed the 30-day timeframe for
						processing your renewal application:
(1) For a reason that would allow us to
					 exceed our timeframes for processing an application for a permit at §
											745.327
					 of this subchapter (relating to When does Licensing have good cause for
					 exceeding its timeframes for processing my application?);
(2) Because of an enforcement action,
					 including when:
(A) We are in the process of
					 revoking or suspending your permit;
(B) Your permit is presently suspended; or
(C) We recommend or impose a
					 voluntary plan of action or a corrective action plan;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 12 - PERMIT RENEWAL › Section 745.479 - Will I need to post the written notice of my permit's renewal?

Current through Reg. 49, No. 28; July 12, 2024
Yes. Upon receiving the written notice of your permit's
						renewal, you must post the notice at your operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 12 - PERMIT RENEWAL › Section 745.481 - When does my permit expire?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Your permit expires if:
(1) You do not submit
					 your renewal application during your renewal period or the late renewal
					 period;
(2) You submit your renewal
					 application during the renewal period, you were notified that your application
					 was incomplete, and you do not submit a completed renewal application before
					 the end of the late renewal period; or
(3) You submit your renewal application
					 during the late renewal period, you were notified that your application was
					 incomplete , and you do not submit a completed renewal application within 15
					 calendar days after notification .
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 12 - PERMIT RENEWAL › Section 745.483 - What must I do if my permit expires ?

Current through Reg. 49, No. 28; July 12, 2024
If your permit expires, your operation must cease
						operating immediately. Before you can operate again, you will have to submit a
						new application as required by §
											745.243
						of this chapter (relating to What does a completed application for a permit
						include?) and pay any necessary fees.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 12 - PERMIT RENEWAL › Section 745.485 - How does an enforcement action affect the renewal of my permit?

Current through Reg. 49, No. 28; July 12, 2024
(a) During the renewal period, or before your
					 permit is renewed, your permit will be affected as stated in subsections (b)
					 and (c) of this section if:
(1) Your
					 operation is presently under an enforcement action; or
(2) We recommend or impose an enforcement
					 action against your permit.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 12 - PERMIT RENEWAL › Section 745.487 - When is a public hearing required for the renewal of a license?

Current through Reg. 49, No. 28; July 12, 2024
(a) We must hold a public hearing to obtain
					 public comments regarding the renewal of the license of a general residential
					 operation that provides treatment services to children with emotional
					 disorders, if the commissioner's court in the county in which the operation is
					 located requests one.
(b) The
					 commissioner's court must submit its request to hold a hearing prior to
					 Licensing renewing the operation's license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 12 - PERMIT RENEWAL › Section 745.489 - What is required for a public hearing for the renewal of a license?

Current through Reg. 49, No. 28; July 12, 2024
(a) For a public hearing related to the
					 renewal of a license to operate a general residential operation that provides
					 treatment services to children with emotional disorders:
(1) A Licensing representative will
					 facilitate the hearing;
(2) A
					 representative of the general residential operation that submitted the renewal
					 application must attend the hearing;
(3) 10 days prior to the scheduled public
					 hearing, Licensing will send a notice of the public hearing to the
					 commissioner's court and the general residential operation that submitted the
					 renewal application and post it on the Licensing consumer website with the
					 following information:
(A) The name, address,
					 and phone number of the Licensing representative who will facilitate the
					 hearing;
(B) The name and address
					 of the general residential operation that submitted the renewal application;
(C) The date, time, and location
					 of the hearing;
(D) A description
					 of the population that the general residential operation currently serves, the
					 services being provided (except for the provision of trafficking victim
					 services), the number of children that the operation is currently licensed to
					 serve, and the number of children the operation is currently serving; and
(E) A statement that the public
					 hearing is for Licensing to receive public comments regarding the renewal of
					 the general residential operation's license; and
(4) Licensing will provide written procedures
					 that Licensing has adopted to provide the public with a reasonable opportunity
					 to offer public comments on any issues related to the renewal of the general
					 residential operation's license, including how the hearing will be conducted,
					 order of witnesses, and the conduct of participants at the hearing.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 13 - ADDITIONAL CONSIDERATIONS FOR CERTAIN RESIDENTIAL OPERATIONS › Section 745.491 - What do the following terms mean when used in this division?

Current through Reg. 49, No. 28; July 12, 2024
The following terms have the following meanings when used
						in this division:
(1) Change in
					 ownership--As stated in §
											745.437
					 of this chapter (relating to What is a change in ownership of an
					 operation?).
(2) Heightened
					 monitoring--An increase in oversight of a residential child-care operation that
					 has a pattern of deficiencies relating to minimum standard deficiencies
					 weighted medium or higher, confirmed abuse or neglect findings, or Texas
					 Department of Family and Protective Services (DFPS) contract violations.
					 Heightened monitoring is mandated by a court order in the
MD vs.
					 Abbott
litigation dated March 18, 2020.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 13 - ADDITIONAL CONSIDERATIONS FOR CERTAIN RESIDENTIAL OPERATIONS › Section 745.493 - Who does this division apply to?

Current through Reg. 49, No. 28; July 12, 2024
This division applies to an applicant for a general
						residential operation or child-placing agency license that demonstrates an
						intent to obtain a contract with:
(1)
					 the Texas Department of Family and Protective Services (DFPS) to provide care
					 to children in the conservatorship of DFPS; or
(2) a single source continuum contractor that
					 contracts with DFPS to provide community-based care as described in Subchapter
					 B-1, Chapter 264, Texas Family Code.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 13 - ADDITIONAL CONSIDERATIONS FOR CERTAIN RESIDENTIAL OPERATIONS › Section 745.495 - What previous compliance history of a residential child-care operation must Licensing consider when evaluating an application for a license to operate a residential child-care operation?

Current through Reg. 49, No. 28; July 12, 2024
(a) When evaluating an application for a
					 residential child-care license, Licensing must consider the previous five-year
					 compliance history of a residential child-care operation that:
(1) Is applying for a new license in a
					 different location;
(2) Is
					 re-applying for a new license after voluntarily closing; or
(3) Had a change in ownership; and
(A) Any controlling person from the previous
					 operation serves or intends to serve as a controlling person in the new
					 operation; or
(B) A new owner,
					 including a sole proprietor, either partner of a partnership, or any member of
					 the governing body of a corporation, is related to a controlling person of the
					 previous operation by a third degree of consanguinity or second degree of
					 affinity as defined in §
													745.21
					 of this chapter (relating to What do the following words and terms mean when
					 used in this chapter?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 13 - ADDITIONAL CONSIDERATIONS FOR CERTAIN RESIDENTIAL OPERATIONS › Section 745.497 - May Licensing issue a new license to a residential child-care operation that was previously on heightened monitoring?

Current through Reg. 49, No. 28; July 12, 2024
(a) When issuing an initial license to a
					 residential child-care operation that is on or otherwise meets the criteria for
					 heightened monitoring and is applying for a new license in a different
					 location, Licensing must include a condition on the license that the operation
					 is on heightened monitoring.
(b)
					 When issuing an initial license to a residential child-care operation that was
					 on heightened monitoring at the time of voluntary closure or otherwise met the
					 criteria for heightened monitoring in the five years before voluntarily closing
					 and reapplying for a new license at the same or a different location, Licensing
					 must include a condition on the license that the operation is on heightened
					 monitoring.
(c) When issuing an
					 initial license to a residential child-care operation that had a change in
					 ownership while on heightened monitoring or otherwise met the criteria for
					 heightened monitoring in the five years before the change in ownership,
					 Licensing must include a condition on the license that the operation is on
					 heightened monitoring if:
(1) Any controlling
					 person from the previous operation serves or intends to serve as a controlling
					 person in the new operation; or
(2)
					 A new owner, including a sole proprietor, either partner of a partnership, or
					 any member of the governing body of a corporation, is related to a controlling
					 person of the previous operation by a third degree of consanguinity or second
					 degree of affinity as defined in §
												745.21
					 of this chapter (relating to What do the following words and terms mean when
					 used in this chapter?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter E - FEES › Section 745.501 - What type of fees may Licensing charge me?

Current through Reg. 49, No. 28; July 12, 2024
We may charge the following fees:
(1) Fees for processing your
				  application;
(2) Fees for
				  conducting your background checks;
(3) Fees for issuing your initial
				  license;
(4) Fees for renewing your
				  initial license;
(5) Fees for
				  issuing your non-expiring permit;
(6) Annual fees for maintaining your permit;
				  and
(7) Fees for amending your
				  permit.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter E - FEES › Section 745.503 - Is anyone exempt from paying fees?

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Certified or state-run operations are exempt from paying fees listed in §
										745.501
				  of Title 40 (relating to What type of fees may Licensing charge me?).
(b) A listed family home in which a relative
				  child-care provider cares for the child(ren) in the child(ren)'s own home is
				  exempt from paying fees listed in §
										745.501
				  of Title 40.
(c) The following
				  residential child-care operations must pay application fees but are exempt from
				  all other fees listed in §
										745.501
				  of Title 40:
(1) Independent foster family
				  homes and foster group homes;
(2)
				  Nonprofit operations that provide residential child care for children in the
				  managing conservatorship of DFPS during the 12-month period immediately
				  preceding the anniversary date of the permit; and
(3) Nonprofit operations that provide
				  residential child care and do not charge for that care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter E - FEES › Section 745.505 - What fees must I pay to list my family home and maintain the listing?

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  chart contains the fees required for listed family homes, when the fees are
				  due, and the consequences for failure to pay the fees on time:
Attached Graphic
(b) The fees listed in subsection
				  (a) of this section are waived for a person with a listing who only provides
				  child care to a related child in the child's own home as approved by the Texas
				  Workforce Commission's Listed Family Home Fee Waiver Authorization
				  form.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter E - FEES › Section 745.507 - What fees must I pay to register my child-care home and maintain the registration?

Current through Reg. 49, No. 28; July 12, 2024
The following chart contains the fees required for
					 registered child-care homes, when the fees are due, and the consequences for
					 failure to pay the fees on time:
Attached
					 Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter E - FEES › Section 745.509 - What fees must I pay to apply for and maintain a license for an operation?

Current through Reg. 49, No. 28; July 12, 2024
The following chart contains fees required for licenses
					 (including child day-care and residential child-care operations, and
					 child-placing agencies), when the fees are due, and the consequences for
					 failure to pay the fees on time:
Attached
					 Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter E - FEES › Section 745.511 - Must I pay fees for more than one license if I have separate licenses for different types of operations?

Current through Reg. 49, No. 28; July 12, 2024
Yes, you must pay a fee for each license, even if the
					 separate licenses are at the same location.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter E - FEES › Section 745.513 - If my license allows for different capacities at different times of the day, how does Licensing determine my fees?

Current through Reg. 49, No. 28; July 12, 2024
We base your fees on the highest
					 capacity.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter E - FEES › Section 745.515 - Will I receive notice telling me when my non-expiring and annual fees are due?

Current through Reg. 49, No. 28; July 12, 2024
Yes, before the due date we will send you a notice that
					 your fees are due along with a Child Care Fee Schedule Form and a return
					 envelope.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter E - FEES › Section 745.517 - How do I submit a fee to Licensing?

Current through Reg. 49, No. 28; July 12, 2024
You must send a cashier's check, corporate check, money
					 order, or certified check made payable to the Texas Department of Protective
					 and Regulatory Services along with a Child Care Fee Schedule Form. Mail the fee
					 information to the Texas Department of Protective and Regulatory Services,
					 Accounting Division E-672, P.O. Box 149030, Austin, Texas 78714-9030. This also
					 applies to background checks.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter E - FEES › Section 745.519 - Are any fees refundable?

Current through Reg. 49, No. 28; July 12, 2024
The following fees are refundable under the conditions
					 noted:
(1) We refund the application
				  fee if the issuance of the permit was late without good cause and the applicant
				  requests the refund;
(2) We refund
				  the initial license fee if the application is withdrawn, or the license is not
				  issued;
(3) We refund the
				  non-expiring license fee if the initial license expires without the
				  non-expiring license being issued; and
(4) We refund the amendment fee if the
				  amendment is not issued.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter E - FEES › Section 745.521 - What fees must I pay to apply for and to maintain a certificate of compliance?

Current through Reg. 49, No. 28; July 12, 2024
The following chart contains fees required for your
					 employer-based child care, when the fees are due, and the consequences for
					 failure to pay on time:
Attached
					 Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter E - FEES › Section 745.523 - Who must I submit background checks on, and when must they be submitted?

Current through Reg. 49, No. 28; July 12, 2024
You must submit background checks on the persons, as
					 applicable, and within the timeframes as required for a licensed child-care
					 center in Subchapter F of this chapter (relating to Background
					 Checks).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 2 - REQUESTING BACKGROUND CHECKS › Section 745.605 - For whom must I submit requests for background checks?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must submit a request for a
					 background check for:
(1) The owner of the
					 operation, including:
(A) A sole
					 proprietor;
(B) Each partner in a
					 partnership; and
(C) A board member
					 or an officer of a governing body who is involved in the everyday management of
					 the operation, including participating in the development of policies that
					 address the Licensing requirements or the everyday running of the operation, or
					 submitting requests for background checks for the operation;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 2 - REQUESTING BACKGROUND CHECKS › Section 745.607 - What are the different types of background checks?

Current through Reg. 49, No. 28; July 12, 2024
The different types of background checks are described in
						the following table:
Attached Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 2 - REQUESTING BACKGROUND CHECKS › Section 745.609 - What types of background checks are required for persons at my operation?

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
					 described in subsection (b) of this section, persons required to have a
					 background check under §745.605 of this division (relating to For whom
					 must I submit requests for background checks?) must have the following types of
					 background checks:
(1) As further described
					 in §745.611 of this division (relating to Which persons at my operation
					 require either a fingerprint-based criminal history check or a name-based Texas
					 criminal history check?), either a:
(A)
					 Fingerprint-based criminal history check; or
(B) Name-based Texas criminal history
					 check;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 2 - REQUESTING BACKGROUND CHECKS › Section 745.611 - Which persons at my operation require either a fingerprint-based criminal history check or a name-based Texas criminal history check?

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as described in subsections (b)
					 and (c) of this section, a person required to have a background check under:
(1)
												§745.605(a)(1) - (6) of this
					 division (relating to For whom must I submit requests for background checks?)
					 must have a fingerprint-based criminal history check; or
(2)
												§745.605(a)(7) of this division is
					 only required to have a name-based Texas criminal history check, except the
					 person must have a fingerprint-based criminal history check if:
(A) The person has resided outside of Texas
					 any time during the five-year period prior to the date you submit a request for
					 a background check; or
(B) There is
					 reason to believe the person has criminal history in another state.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 2 - REQUESTING BACKGROUND CHECKS › Section 745.613 - Which persons at my operation must have an out-of-state criminal history check, an out-of-state child abuse and neglect registry check, and an out-of-state sex offender registry check?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Except as described in subsections (d) and (e) of this section, a person
					 required to have a background check under §745.605 of this division
					 (relating to For whom must I submit requests for background checks?) must have
					 an out-of-state criminal history check, an out-of-state abuse and neglect
					 registry check, and an out-of-state sex offender registry check:
(1) In each state where the person resided
					 during the preceding five-year period, if the person has lived outside of Texas
					 any time during the five-year period prior to the date you submit a request for
					 a background check; or
(2) In each
					 state where there is reason to believe the person has criminal history, has a
					 child abuse or neglect history, or is registered as a sex offender.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 2 - REQUESTING BACKGROUND CHECKS › Section 745.615 - What types of background checks are required for persons at listed family homes that only provide care to related children?

Current through Reg. 49, No. 28; July 12, 2024
For listed family homes that only provide care to related
						children, persons required to have a background check under §745.605 of
						this division (relating to For whom must I submit requests for background
						checks?) must have the following types of background checks:
(1) A name-based Texas criminal history check
					 with a Texas sex offender registry check, except the person must have a
					 fingerprint-based criminal history check if:
(A) The person has resided outside of Texas
					 any time during the five-year period prior to the date you submit a request for
					 a background check; or
(B) There is
					 reason to believe the person has criminal history in another state;
					 and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 2 - REQUESTING BACKGROUND CHECKS › Section 745.617 - How do I submit a request for a background check?

Current through Reg. 49, No. 28; July 12, 2024
(a) The process for submitting a request for
					 a background check depends on the type of operation submitting the request:
Attached Graphic
(b) You do not have to submit a
					 request for a background check for a person who requires a background check
					 under this subchapter because of the person's responsibilities as a Texas
					 Department of Family and Protective Services (DFPS) or Licensing employee or
					 volunteer. The person will have a background check conducted by DFPS or the
					 Texas Health and Human Services Commission as part of the person's application
					 to become an employee or volunteer.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 2 - REQUESTING BACKGROUND CHECKS › Section 745.619 - What information must I include with a request for a background check?

Current through Reg. 49, No. 28; July 12, 2024
You must verify and send the following information to the
						CBCU for every person required to have a background check under § 745.605
						of this division (relating to For whom must I submit requests for background
						checks?):
(1) Name (first, middle, and
					 last), including any maiden or married names or aliases;
(2) Social security number, if one
					 exists;
(3) Driver's license or a
					 state issued identification card number;
(4) Date of birth;
(5) Sex;
(6) Ethnicity and race (this information does
					 not have to be verified);
(7)
					 Current and previous addresses in Texas;
(8) The city and state of each residence
					 where the person has lived outside of the state of Texas any time during the
					 five-year period prior to the date you submit a request for a background
					 check;
(9) An e-mail address for
					 the person, if available; and
(10)
					 The role of the person at the operation, including:
(A) The person's title and job
					 duties;
(B) Whether the person will
					 be supervised by a caregiver counted in the child/caregiver ratio;
					 and
(C) The ages of children the
					 person will be caring for.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 2 - REQUESTING BACKGROUND CHECKS › Section 745.621 - When must I submit a request for an initial or renewal background check for a person?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must submit a
					 request for an initial background check for each person required to have a
					 background check under § 745.605 of this division (relating to For whom
					 must I submit requests for background checks?):
(1) When you submit your application for a
					 permit to us;
(2) When you hire
					 someone;
(3) When you contract with
					 someone who requires a background check;
(4) When a person applies to be a foster or
					 adoptive parent;
(5) When a
					 resident 14 years or older moves into your home or operation;
(6) Between 90 days before and 90 days after
					 a resident living in your home or operation becomes 14 years old; and
(7) When you become aware of anyone requiring
					 a background check under § 745.605 of this division, on whom you have not
					 previously submitted a request for a background check.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 2 - REQUESTING BACKGROUND CHECKS › Section 745.623 - How does the subject of a background check submit fingerprints for a fingerprint-based criminal history check?

Current through Reg. 49, No. 28; July 12, 2024
After you submit a request for an initial or renewal
						background check to the CBCU for a person required to have a fingerprint-based
						criminal history check, the CBCU will send the subject of the background check
						a notification with information on how to schedule an appointment to submit
						fingerprints with the DPS approved fingerprinting vendor.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 2 - REQUESTING BACKGROUND CHECKS › Section 745.625 - Does the subject of a background check who has already undergone a fingerprint-based criminal history check have to submit new fingerprints?

Current through Reg. 49, No. 28; July 12, 2024
(a) When you submit a request for a
					 background check for a subject who has previously undergone a fingerprint-based
					 criminal history check, the CBCU will determine whether the previous
					 fingerprint-based criminal history check remains valid or whether the subject
					 must resubmit fingerprints for a new fingerprint-based criminal history
					 check.
(b) A previously completed
					 fingerprint-based criminal history check remains valid, and Licensing will
					 waive the requirement to submit new fingerprints, if Licensing has an active
					 subscription or can reactivate a subscription to the FBI's national rap back
					 service for the subject.