Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter A - PRECEDENCE AND DEFINITIONS › Division 2 - DEFINITIONS FOR LICENSING › Section 745.21 - What do the following words and terms mean when used in this chapter?

Current through Reg. 49, No. 28; July 12, 2024
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, §
											261.001(1)
					 (relating to Definitions) and Texas Administrative Code, Title 40, Chapter 707,
					 Subchapter C, Division 5 (relating to Abuse, Neglect, and Exploitation)
					 .
(2) Affinity--Related by marriage
					 as set forth in Texas Government Code, §
											573.024
					 (relating to Determination of Affinity).
(3) Business entity--May be an association,
					 corporation, nonprofit association, nonprofit corporation, nonprofit
					 association with religious affiliation, nonprofit corporation with religious
					 affiliation, or limited liability company.
(4) Capacity--The maximum number of children
					 that a permit holder may care for at one time.
(5) Caregiver--A person who is counted in the
					 child to caregiver ratio, whose duties include the supervision, guidance, and
					 protection of a child .
(6)
					 Child--A person under 18 years old.
(7) Child-care facility--An establishment
					 subject to regulation by Licensing that provides assessment, care, training,
					 education, custody, treatment, or supervision for a child who is not related by
					 blood, marriage, or adoption to the owner or operator of the facility, for all
					 or part of the 24-hour day, whether or not the establishment operates for
					 profit or charges for its services. A child-care facility includes the people,
					 administration, governing body, activities on or off the premises, operations,
					 buildings, grounds, equipment, furnishings, and materials. A child-care
					 facility does not include child-placing agencies, listed family homes,
					 employer-based child care operations, or shelter care operations.
(8) Child day care--As defined in §
											745.33 of
					 this chapter (relating to What is child day care?).
(9) Child-placing agency (CPA)--A person,
					 including a sole proprietor, partnership, or business or governmental entity ,
					 other than the parents of a child, who plans for the placement of or places a
					 child in a child care operation or adoptive home.
(10) Children related to the
					 caregiver--Children who are the children, grandchildren, siblings,
					 great-grandchildren, first cousins, nieces, or nephews of the caregiver,
					 whether by affinity or consanguinity or as the result of a relationship created
					 by court decree.
(11)
					 Consanguinity--Two individuals are related to each other by consanguinity if
					 one is a descendant of the other; or they share a common ancestor. An adopted
					 child is related by consanguinity for this purpose. Consanguinity is defined in
					 Texas Government Code, §
											573.022
					 (relating to Determination of Consanguinity).
(12) Contiguous operations--Two or more
					 operations that touch at a point on a common border or are located in the same
					 building.
(13) Controlling
					 person--As defined in §
											745.901
					 of this chapter (relating to Who is a controlling person at a child-care
					 operation?).
(14) Deficiency--Any
					 failure to comply with a minimum standard, rule, statute , specific term of
					 your permit, or condition of your probation .
(15) Designated perpetrator--As defined in
					 §
											745.731
					 of this chapter (relating to What are designated perpetrators and sustained
					 perpetrators of child abuse or neglect?).
(16) Designee--The person named on the
					 application as the designated representative of the operation who is officially
					 authorized by the owner to speak for and act on the operations'
					 behalf.
(17) Employee--Any person
					 employed by or that contracts with the permit holder, including caregivers,
					 drivers, kitchen personnel, maintenance and administrative personnel, and the
					 center or program director.
(18)
					 Endanger--To expose a child to a situation where physical or mental injury to a
					 child is likely to occur.
(19)
					 Exploitation--As defined in Texas Family Code, §
											261.001(3)
					 and Texas Administrative Code, Title 40, Chapter 707, Subchapter C, Division 5
					 .
(20) Finding--The conclusion of a
					 Licensing investigation or inspection indicating compliance or deficiency with
					 one or more minimum standards, rules, or statutes .
(21) Full license--The type of full permit
					 that is issued to an operation that requires a license. See also §
											745.341
					 of this chapter (relating to What type of permit does Licensing issue?) and
					 §
											745.343
					 of this chapter (relating to What is the difference between an initial license
					 and a full license?).
(22) Full
					 permit--A full permit includes a listing, registration, compliance certificate,
					 or a full license. See also §
											745.341
					 and §
											745.343
					 of this chapter.
(23) Governing
					 body--A group of persons or officers of a business or governmental entity that
					 has ultimate control over the entity .
(24) Governmental entity--A political
					 subdivision or state agency of Texas.
(25) Household member--An individual, other
					 than the caregivers , who resides in an operation.
(26) Initial license--A time-limited license
					 that we issue to certain applicants for a full license in situations described
					 in §
											745.345
					 of this chapter (relating to When does Licensing issue an initial
					 license?).
(27) Licensed
					 administrator--As defined in §
											745.8905
					 of this chapter (relating to What is a licensed administrator?).
(28) Minimum standards--Minimum requirements
					 for permit holders that are enforced by Licensing to protect the health,
					 safety, and well-being of children. The minimum standards consist of the rules
					 contained in:
(A) Chapter 742 of this title
					 (relating to Minimum Standards for Listed Family Homes;
(B) Chapter 743 of this title (relating to
					 Minimum Standards for Shelter Care);
(C) Chapter 744 of this title (relating to
					 Minimum Standards for School-Age and Before or After-School
					 Programs);
(D) Chapter 746 of this
					 title (relating to Minimum Standards for Child-Care Centers);
(E) Chapter 747 of this title (relating to
					 Minimum Standards for Child-Care Homes);
(F) Chapter 748 of this title (relating to
					 Minimum Standards for General Residential Operations);
(G) Chapter 749 of this title (relating to
					 Minimum Standards for Child-Placing Agencies);
(H) Chapter 750 of this title (relating to
					 Minimum Standards for Independent Foster Homes); and
(I) Subchapter D, Division 11 of this chapter
					 (relating to Employer-Based Child Care) .