reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter B - CHILD CARE AND OTHER OPERATIONS THAT WE REGULATE › Section 745.43 - What are the requirements for a relative-only listed family home?

Current through Reg. 49, No. 28; July 12, 2024
The permit holder for a relative-only listed family home
					 must:
(1) Operate within the limits of
				  its permit;
(2) Ensure there is no
				  immediate risk to the health or safety of a child while in care;
(3) Ensure any medication given to a child in
				  care is administered according to Texas Human Resources Code §
										42.065;
(4) Request background checks as required in
				  Subchapter F of this chapter (relating to Background Checks);
(5) Ensure that each child is free from
				  abuse, neglect, and exploitation while in care;
(6) Pay all required fees as outlined in
				  Subchapter E of this chapter (relating to Fees); and
(7) Comply with all other applicable laws and
				  rules.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter C - OPERATIONS THAT ARE EXEMPT FROM REGULATION › Division 1 - DEFINITIONS › Section 745.101 - What words must I know to understand this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
These words have the following meanings:
(1) Nearby--A person is in the same building,
					 across the street from, or in the same city block as the operation.
(2) Three consecutive weeks--A 21-day time
					 period that includes the first and last days that a program operates and all of
					 the days in between, regardless of whether the program operates on a particular
					 day.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter C - OPERATIONS THAT ARE EXEMPT FROM REGULATION › Division 2 - EXEMPTIONS FROM REGULATION › Section 745.111 - What does "exempt from regulation" mean?

Current through Reg. 49, No. 28; July 12, 2024
You can operate your program legally without receiving a
						license from us. We do not require you to comply with our statutes, rules, and
						standards.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter C - OPERATIONS THAT ARE EXEMPT FROM REGULATION › Division 2 - EXEMPTIONS FROM REGULATION › Section 745.113 - What programs are exempt from regulation by Licensing?

Current through Reg. 49, No. 28; July 12, 2024
The programs exempt from regulation by Licensing fall
						into four categories:
(1) Certain
					 programs and facilities regulated by other government entities;
(2) Programs of limited duration;
(3) Educational facilities and programs;
					 and
(4) Miscellaneous
					 programs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter C - OPERATIONS THAT ARE EXEMPT FROM REGULATION › Division 2 - EXEMPTIONS FROM REGULATION › Section 745.115 - What programs regulated by other governmental entities are exempt from Licensing regulation?

Current through Reg. 49, No. 28; July 12, 2024
The following programs and facilities are exempt from our
						regulation:
Attached Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter C - OPERATIONS THAT ARE EXEMPT FROM REGULATION › Division 2 - EXEMPTIONS FROM REGULATION › Section 745.117 - Which programs of limited duration are exempt from Licensing regulation?

Current through Reg. 49, No. 28; July 12, 2024
The following programs of limited-duration are exempt
						from our regulation:
Attached Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter C - OPERATIONS THAT ARE EXEMPT FROM REGULATION › Division 2 - EXEMPTIONS FROM REGULATION › Section 745.119 - What educational facilities are exempt from Licensing regulation?

Current through Reg. 49, No. 28; July 12, 2024
The following educational facilities and programs are
						exempt from our regulation:
Attached Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter C - OPERATIONS THAT ARE EXEMPT FROM REGULATION › Division 2 - EXEMPTIONS FROM REGULATION › Section 745.121 - What if my educational facility meets every criterion for an education exemption, except some of the children in care are younger than the exemption allows?

Current through Reg. 49, No. 28; July 12, 2024
You must obtain a permit for the portion of your program
						caring for children younger than the exemption allows.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter C - OPERATIONS THAT ARE EXEMPT FROM REGULATION › Division 2 - EXEMPTIONS FROM REGULATION › Section 745.123 - What if my educational facility meets every criterion for an education exemption, except some of the children in care stay in care longer than the number of hours the exemption allows?

Current through Reg. 49, No. 28; July 12, 2024
You must obtain a permit for the portion of your program
						caring for children longer than the number of hours the exemption
						allows.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter C - OPERATIONS THAT ARE EXEMPT FROM REGULATION › Division 2 - EXEMPTIONS FROM REGULATION › Section 745.125 - Are additional exemption criteria required for an educational facility that provides residential child care?

Current through Reg. 49, No. 28; July 12, 2024
Yes, if your educational facility offers residential
						child care, then you must meet the criteria in §745.119 of this division
						(relating to What educational facilities are exempt from Licensing regulation?)
						and the following additional criteria to be exempt from our regulation:
(1) Parents must retain primary
					 responsibility for financial support, health problems, or serious personal
					 problems of the students; and
(2)
					 The provision of residential child care must be solely for facilitating the
					 student's participation in the educational program and must not exist apart
					 from the educational aspect of the facility.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter C - OPERATIONS THAT ARE EXEMPT FROM REGULATION › Division 2 - EXEMPTIONS FROM REGULATION › Section 745.127 - What does an organization need to submit to Licensing to determine exemption from regulation for member educational facilities under Section745.119(4) of this division (relating to What educational facilities are exempt from Licensing regulation?)?

Current through Reg. 49, No. 28; July 12, 2024
The organization to which an educational facility belongs
						must send the following to us:
(1)
					 Documentation that the organization has its own health, safety, fire, and
					 sanitation standards that are equal to those required for licensed operations,
					 or documentation that the organization requires members to comply with state,
					 county, or municipal health, safety, fire, and sanitation codes;
(2) A monitoring plan to ensure that members
					 comply with either the health, safety, fire, and sanitation standards of the
					 organization or the health, safety, and fire codes of the state, county, or
					 municipality. We must review the monitoring plan of the organization;
					 and
(3) A current list of names and
					 addresses of members every six months.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter C - OPERATIONS THAT ARE EXEMPT FROM REGULATION › Division 2 - EXEMPTIONS FROM REGULATION › Section 745.129 - What miscellaneous programs are exempt from Licensing regulation?

Current through Reg. 49, No. 28; July 12, 2024
The following miscellaneous programs are exempt from our
						regulation:
Attached Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter C - OPERATIONS THAT ARE EXEMPT FROM REGULATION › Division 2 - EXEMPTIONS FROM REGULATION › Section 745.131 - How does a person or entity request that Licensing determine whether a program is exempt ?

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for
					 subsection (b) of this section, a person or entity must submit:
(1) A description of the program on a form we
					 provide; and
(2) Additional
					 documentation to verify that the program meets the criteria required for an
					 exemption.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter C - OPERATIONS THAT ARE EXEMPT FROM REGULATION › Division 2 - EXEMPTIONS FROM REGULATION › Section 745.133 - When will I know if my program is exempt?

Current through Reg. 49, No. 28; July 12, 2024
We must notify you within 21 days after we receive all of
						the information necessary for us to review whether your program meets all
						exemption criteria. If the information you submit does not satisfy the
						exemption criteria, we may request additional documentation or visit your
						program to gain additional information so that we may determine whether your
						program meets the criteria for exemption.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter C - OPERATIONS THAT ARE EXEMPT FROM REGULATION › Division 2 - EXEMPTIONS FROM REGULATION › Section 745.135 - What if Licensing determines that my program does not meet the exemption criteria outlined in this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
(a) If we determine that your program does
					 not meet all the criteria for exemption outlined in this division, we will send
					 you a letter stating that you must apply for a permit within certain
					 timeframes. You will then need to take immediate steps to follow Licensing
					 instructions to submit an application for a permit within the time frames
					 outlined in the letter.
(b) We may
					 file suit in district court for both a civil penalty and injunctive relief if
					 you:
(1) Fail to meet the criteria for an
					 exemption or knowingly engage in activities that require a permit; and
(2) Fail to submit an application
					 for a permit.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter C - OPERATIONS THAT ARE EXEMPT FROM REGULATION › Division 2 - EXEMPTIONS FROM REGULATION › Section 745.137 - What if I disagree with Licensing's determination that my program is not exempt?

Current through Reg. 49, No. 28; July 12, 2024
You may request an administrative review if you disagree
						with the determination. See Subchapter M of this chapter (relating to
						Administrative Reviews and Due Process Hearings).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter C - OPERATIONS THAT ARE EXEMPT FROM REGULATION › Division 2 - EXEMPTIONS FROM REGULATION › Section 745.139 - What will Licensing do if I operate a combination of exempt and regulated programs?

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
					 programs are separate, each program that meets the criteria for an exemption is
					 exempt. If they are not separate, then they are all subject to our regulation,
					 unless the exempt program meets the exemption described in §745.115(1)(B)
					 of this division.
(b) To
					 demonstrate that the programs are separate, you must show that the programs:
(1) Have separate caregivers or have
					 caregivers that do not provide care to more than one program at the same time;
					 and
(2) Do not use the same
					 building or areas at the same time, except that the programs may share
					 restrooms and indoor/outdoor activity areas if you have a written plan
					 regarding how caregivers from each program will supervise children using shared
					 spaces.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter C - OPERATIONS THAT ARE EXEMPT FROM REGULATION › Division 2 - EXEMPTIONS FROM REGULATION › Section 745.141 - In what circumstances may I apply for a permit even though my program is exempt?

Current through Reg. 49, No. 28; July 12, 2024
You may apply for a permit if you must have one for your
						program to receive public funding. If we issue you a permit, then you must
						comply with all minimum standards, rules, and statutes that apply to that
						permit.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter C - OPERATIONS THAT ARE EXEMPT FROM REGULATION › Division 2 - EXEMPTIONS FROM REGULATION › Section 745.143 - If my program is exempt and does not need regulation for funding purposes, can I still obtain a permit from Licensing?

Current through Reg. 49, No. 28; July 12, 2024
No, if your program is exempt and we do not regulate it
						under §745.141 of this division (relating to In what circumstances may I
						apply for a permit even though my program is exempt?), we will not issue you a
						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 1 - DEFINITIONS › Section 745.201 - What words must I know to understand this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
These words have the following meanings:
(1) Nearby--For child day-care operations,
					 "nearby" means next to, across the street from, or in the same city block. For
					 residential child-care operations, "nearby" means across the street from, in
					 the same city block, or on the same property.
(2) Newspaper of general circulation--A
					 community's own newspaper, or if this is not available, a newspaper purporting
					 to serve the community, or the daily newspaper of the nearest metropolitan
					 area.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 2 - STAGES OF THE APPLICATION PROCESS AND PRE-APPLICATION INTERVIEW › Section 745.211 - What are the different parts of the application process?

Current through Reg. 49, No. 28; July 12, 2024
The application process includes:
(1) The applicant completing the
					 pre-application interview, except for an application for a:
(A) Listed family home; or
(B) Compliance Certificate;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 2 - STAGES OF THE APPLICATION PROCESS AND PRE-APPLICATION INTERVIEW › Section 745.213 - What is the purpose of the pre-application interview?

Current through Reg. 49, No. 28; July 12, 2024
The pre-application interview teaches applicants about
						the application process, the licensing requirements, and the administrative
						procedures.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 2 - STAGES OF THE APPLICATION PROCESS AND PRE-APPLICATION INTERVIEW › Section 745.215 - How does Licensing conduct the pre-application interview?

Current through Reg. 49, No. 28; July 12, 2024
We conduct the pre-application interview in the following
						ways to meet the needs of both our staff and the applicant:
(1) A group meeting or class, which we may
					 conduct online or through a virtual meeting;
(2) A Licensing office interview;
(3) An interview at the applicant's
					 office;
(4) An interview at the
					 potential operation; or
(5) A
					 telephone interview, if we cannot handle the interview any other way.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 3 - SUBMITTING THE APPLICATION MATERIALS › Section 745.241 - Who must submit the application for a permit?

Current through Reg. 49, No. 28; July 12, 2024
(a) The individual or governing body planning
					 to operate the program must return a completed application to us, unless we
					 have determined the program is exempt from regulation.
(b) The governing body of a general
					 residential operation must submit a new application with updated application
					 materials required in §745.243(6) of this division (relating to What does
					 a completed application for a permit include?), including a completed General
					 Residential Operations - Additional Operation Plan (Form 2960, Attachment C),
					 if the operation:
(1) Currently provides
					 treatment services to children with emotional disorders and is requesting to
					 amend its permit to increase its capacity; or
(2) Does not currently provide treatment
					 services to children with emotional disorders but is requesting to amend its
					 permit in order to provide those services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 3 - SUBMITTING THE APPLICATION MATERIALS › Section 745.243 - What does a completed application for a permit include?

Current through Reg. 49, No. 28; July 12, 2024
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:
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 3 - SUBMITTING THE APPLICATION MATERIALS › Section 745.245 - How do I demonstrate that the governing body is not delinquent in paying the franchise tax?

Current through Reg. 49, No. 28; July 12, 2024
If the governing body is a for-profit corporation or a
						limited liability company, then you must submit:
(1) The governing body's most recent
					 Franchise Tax Certificate of Good Standing; or
(2) The Articles of Incorporation if the
					 corporation or company has not existed long enough to owe the tax at the time
					 of the application; or
(3)
					 Documented proof that Texas Tax Code, Chapter 171, exempts the corporation or
					 company from paying the tax.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 3 - SUBMITTING THE APPLICATION MATERIALS › Section 745.247 - What happens if the governing body is delinquent in paying the tax after receiving a permit from Licensing?

Current through Reg. 49, No. 28; July 12, 2024
A permit holder must immediately forward us a copy of any
						written notice from any governmental entity indicating that the holder's
						corporate privileges are forfeited and/or in danger of forfeiture. We may
						suspend a permit held by a governing body that forfeits its corporate
						privileges. The suspension will end if the forfeiture is set aside and the
						corporate privileges are revived as set forth in the Texas Tax Code. We may
						revoke the permit held by a governing body that does not forward to us a copy
						of forfeiture notice and loses its corporate privileges.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 3 - SUBMITTING THE APPLICATION MATERIALS › Section 745.249 - What are the liability insurance requirements for a licensed operation, registered child-care home, or listed family home?

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless you have an acceptable reason not
					 to have the insurance as specified in §745.251 of this division (relating
					 to What are acceptable reasons not to have liability insurance?), a licensed
					 operation, registered child-care home, or listed family home must:
(1) Have liability insurance coverage in the
					 amount of $300,000 for each occurrence of negligence that covers injury to a
					 child while the child is on your premises or in your care; and
(2) Provide proof of coverage to Licensing
					 each year by the anniversary date of the issuance of 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 3 - SUBMITTING THE APPLICATION MATERIALS › Section 745.251 - What are acceptable reasons not to have liability insurance?

Current through Reg. 49, No. 28; July 12, 2024
(a) You do not have to have liability
					 insurance that meets the requirements of §745.249 of this division
					 (relating to What are the liability insurance requirements for a licensed
					 operation, registered child-care home, or listed family home?) if you cannot
					 carry the insurance because:
(1) Of financial
					 reasons;
(2) You are unable to
					 locate an underwriter who is willing to issue a policy to the operation or
					 home; or
(3) You have already
					 exhausted the limits of a policy that met the requirements.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 3 - SUBMITTING THE APPLICATION MATERIALS › Section 745.253 - When must I notify parents that I do not carry liability insurance?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you do not carry liability insurance
					 that meets the requirements of §745.249 of this division (relating to What
					 are the liability insurance requirements for a licensed operation, registered
					 child-care home, or listed family home?), then you must notify a child's parent
					 in writing that you do not carry the insurance before you admit a child into
					 your care.
(b) You may use Form
					 2962, Attachment A, Parental Notification of Lack of Required Liability
					 Insurance, located on Licensing's provider website to notify parents.
					 Regardless of whether you use this form, you must be able to demonstrate that
					 you provided written notice to the parent of each child in your care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 3 - SUBMITTING THE APPLICATION MATERIALS › Section 745.255 - What safe sleeping training must a person complete when applying to operate a listed family home?

Current through Reg. 49, No. 28; July 12, 2024
An applicant for a listed family home, including a home
						that will only provide care and supervision for children related to the primary
						caregiver, must successfully complete one hour of safe sleeping training that
						covers the following topics:
(1)
					 Recognizing and preventing shaken baby syndrome and abusive head trauma;
(2) Understanding and using safe
					 sleeping practices and preventing sudden infant death syndrome (SIDS); and
(3) Understanding early childhood
					 brain development.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 4 - PUBLIC NOTICE AND HEARING REQUIREMENTS FOR RESIDENTIAL CHILD-CARE OPERATIONS › Section 745.273 - Which residential child-care operations must meet the public notice and hearing requirements?

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as specified
					 in subsection (c) of this section, a general residential operation located in a
					 county with a population of less than 300,000 must meet the public notice and
					 hearing requirements when applying for a license.
(b) Except as specified in subsection (c) of
					 this section, a general residential operation requesting to amend its permit
					 must meet the public notice and hearing requirements if it is:
(1) An operation located in a county with a
					 population of less than 300,000 requesting to increase capacity;
(2) An operation requesting to relocate
					 permanently to a location in:
(A) a county
					 with a population of less than 300,000 where the operation did not meet the
					 public notice and hearing requirements with respect to its current location;
					 or
(B) the same county with a
					 population of less than 300,000 if the location is in a different community or
					 is served by a different school district; or
(3) An operation located in a county with a
					 population of less than 300,000 that does not currently provide treatment
					 services to children with emotional disorders but is requesting to amend its
					 permit to begin providing treatment services to children with emotional
					 disorders.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 4 - PUBLIC NOTICE AND HEARING REQUIREMENTS FOR RESIDENTIAL CHILD-CARE OPERATIONS › Section 745.275 - What are the specific requirements for a public notice and hearing?

Current through Reg. 49, No. 28; July 12, 2024
(a) The following chart
					 lists the public notice, hearing requirements, and subsequent report you must
					 complete:
Attached
						Graphic
(b)
					 During an active declaration of a state of disaster under Texas Government
					 Code, Chapter 418, public hearings concerning an operation located in an area
					 subject to the declaration of disaster may be held in a manner that allows
					 remote participation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 4 - PUBLIC NOTICE AND HEARING REQUIREMENTS FOR RESIDENTIAL CHILD-CARE OPERATIONS › Section 745.277 - What will happen if I fail to comply with the public notice and hearing requirements?

Current through Reg. 49, No. 28; July 12, 2024
If you fail to comply with any one of the public notice
						and hearing requirements that are set forth under §745.273 of this
						division (relating to Which residential child-care operations must meet the
						public notice and hearing requirements?) and §745.275 of this division
						(relating to What are the specific requirements for a public notice and
						hearing?), we may do the following:
(1)
					 Deny you a permit;
(2) Deny you an
					 amendment to your permit that would allow you to increase capacity;
(3) Deny you an amendment to your permit that
					 would allow you to operate at the new location; or
(4) Deny you an amendment to your permit that
					 would allow you to provide treatment services to children with emotional
					 disorders.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 5 - ACCEPTING OR RETURNING THE APPLICATION › Section 745.301 - How long does Licensing have to review my application and notify me of my application status?

Current through Reg. 49, No. 28; July 12, 2024
(a) If
					 you are applying for:
(1) A permit other than
					 a compliance certificate, we have 21 days after receiving your application to
					 review the paperwork; or
(2) A
					 compliance certificate, we have 10 days after receiving your application to
					 review the paperwork.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 5 - ACCEPTING OR RETURNING THE APPLICATION › Section 745.303 - How many chances do I have to submit all of the required information?

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless you are applying for a compliance
					 certificate, you have three times to submit all required material. If we return
					 your application as incomplete three times, you may not apply again until one
					 year from the date that we returned your last application as
					 incomplete.
(b) If you are applying
					 for a compliance certificate to operate an employer-based child care operation
					 or shelter care operation, you have an unlimited amount of times to submit the
					 required material.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 6 - REVIEWING THE APPLICATION FOR COMPLIANCE WITH MINIMUM STANDARDS, RULES, AND STATUTES › Section 745.321 - How long does Licensing have to issue or deny a permit after accepting my application?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you are
					 applying for a permit other than a compliance certificate, we will issue or
					 deny you a permit no later than two months after we accept your application,
					 unless there is good cause to exceed this timeframe.
(b) If you are applying for a compliance
					 certificate, we will issue or deny you a certificate no later than 30 days
					 after we accept your application, unless there is good cause to exceed this
					 timeframe.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 6 - REVIEWING THE APPLICATION FOR COMPLIANCE WITH MINIMUM STANDARDS, RULES, AND STATUTES › Section 745.323 - What if Licensing exceeds its timeframes for processing my application?

Current through Reg. 49, No. 28; July 12, 2024
You may file a complaint with the Associate Commissioner
						for Child Care Regulation . The Associate Commissioner will resolve the dispute
						in a timely manner. We must reimburse you for your application fee if we do not
						establish good cause for exceeding the time limit.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 6 - REVIEWING THE APPLICATION FOR COMPLIANCE WITH MINIMUM STANDARDS, RULES, AND STATUTES › Section 745.325 - How do I file a complaint regarding timeframes for processing my application ?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must send a
					 written complaint regarding the timeframes for processing your application
					 before we issue or deny you a permit .
(b) You must send your complaint stating the
					 nature of the dispute to the Associate Commissioner for Child Care Regulation,
					 Texas Health and Human Services Commission, Mail Code E-550, P.O. Box 149030,
					 Austin, Texas 78714.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 6 - REVIEWING THE APPLICATION FOR COMPLIANCE WITH MINIMUM STANDARDS, RULES, AND STATUTES › Section 745.327 - When does Licensing have good cause for exceeding its timeframes for processing my application?

Current through Reg. 49, No. 28; July 12, 2024
We have good cause to exceed our timeframes for
						processing your application in the following circumstances:
(1) We are processing at least 15% more
					 applications than we did in the same quarter of the previous year;
(2) The delay is caused by another public or
					 private entity that we must rely on to process all or part of the applications
					 we receive;
(3) You are the subject
					 of a pending investigation; or
(4)
					 Other conditions exist that give us good cause for exceeding the
					 timeframes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 7 - THE DECISION TO ISSUE OR DENY A PERMIT › Section 745.339 - What factors will we consider when evaluating an application for a permit or a request to amend a permit?

Current through Reg. 49, No. 28; July 12, 2024
When we determine whether to issue or amend a permit, we
						will consider the following:
(1) The
					 application or request to amend the permit and any information submitted with
					 the application or request;
(2)
					 The on-site inspection to determine compliance with minimum standards, rule,
					 and statutes;
(3) Any information
					 that Licensing gathers through the application or amendment process, including
					 any written comments and written information submitted to Licensing during the
					 process that Licensing considers to be relevant to the decision to issue or
					 deny the permit or amendment;
(4)
					 If a public hearing is required in §
											745.273
					 of this subchapter (relating to Which residential child-care operations must
					 meet the public notice and hearing requirements?):
(A) Any written comments and written
					 information provided by interested parties at a public hearing; and
(B) The Verbatim Record and summary Report of
					 Public Comment from the Community, as required in §
												745.275
					 of this subchapter (relating to What are the specific requirements for a public
					 notice and hearing?); and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 7 - THE DECISION TO ISSUE OR DENY A PERMIT › Section 745.340 - For what reason may Licensing deny me a permit based on the results of a required public hearing?

Current through Reg. 49, No. 28; July 12, 2024
If a public hearing is required in §
											745.273
						of this subchapter, we may deny you a license or an amendment to your permit if
						we determine that:
(1) The community
					 has insufficient resources to support the children that you propose to serve;
(2) Issuing the license or
					 amending the permit would adversely affect the children you propose to serve:
(A) By increasing the ratio in the local
					 school district of students enrolled in a special education program to students
					 enrolled in a regular education program; or
(B) If you are providing or seeking to
					 provide treatment services to children with emotional disorders by
					 significantly impacting the local school district; or
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 7 - THE DECISION TO ISSUE OR DENY A PERMIT › Section 745.341 - What type of permit does Licensing issue ?

Current through Reg. 49, No. 28; July 12, 2024
(a) We issue a full permit to an applicant
					 seeking to operate a listed family home, registered child-care home, shelter
					 care operation, or employer-based child care operation if we accept the
					 application and the operation meets all of the requirements in this
					 chapter.
(b) We issue either an
					 initial license or a full license, as described in §745.345 of this
					 division (relating to When does Licensing issue an initial license?) and
					 §745.351 of this division (relating to If I have an initial license, when
					 will I be eligible for a full license?) .
(c) If you are applying for a certification,
					 you must go through the same requirements as an applicant for a full license,
					 including being issued an initial certification and, if appropriate, a
					 subsequent full certification. The rules in this division that pertain to an
					 initial license also apply to an initial certification.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 7 - THE DECISION TO ISSUE OR DENY A PERMIT › Section 745.343 - What is the difference between an initial license and full license?

Current through Reg. 49, No. 28; July 12, 2024
(a) An initial license is a permit allowing
					 you to operate pending the possible issuance of a full license.
(b) A full license is a type of full
					 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 7 - THE DECISION TO ISSUE OR DENY A PERMIT › Section 745.344 - How long is a full permit valid?

Current through Reg. 49, No. 28; July 12, 2024
Your full permit will remain valid if:
(1) You comply with renewal requirements, as
					 explained in Division 12 of this subchapter (relating to Permit Renewal);
(2) Your permit is not
					 automatically suspended or revoked:
(A) For
					 failure to pay a fee under Human Resources Code (HRC) §42.054(f);
(B) For failure to submit
					 information for a background check for a listed family home under HRC
					 §42.052(j); or
(C) Because
					 the license changes location or ownership, as further explained in Division 10
					 of this subchapter (relating to Relocation of Operation and Change in
					 Ownership);
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 7 - THE DECISION TO ISSUE OR DENY A PERMIT › Section 745.345 - When does Licensing issue an initial license?

Current through Reg. 49, No. 28; July 12, 2024
We issue you an initial license instead of a full license
						when we accept your application, determine that your operation is in compliance
						with applicable minimum standards, rules, and statutes, you pay the initial
						license fee, and one of the following situations exists:
(1) We have not been able to evaluate your
					 operation's ability to comply with all minimum standards, rules, and statutes
					 relating to children in care because:
(A)
					 Your operation is not currently providing care to children; or
(B) Your operation has been operating without
					 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 7 - THE DECISION TO ISSUE OR DENY A PERMIT › Section 745.347 - How long is an initial license valid?

Current through Reg. 49, No. 28; July 12, 2024
(a) An initial license is valid for six
					 months from the date we issue it.
(b) We may renew an initial license for up to
					 an additional six months. You may only have an initial license for a maximum of
					 one year.
(c) The initial license
					 expires when we issue or deny you a full license, even if the period for the
					 initial license has not yet expired at the time the full license is issued or
					 denied.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 7 - THE DECISION TO ISSUE OR DENY A PERMIT › Section 745.349 - What if I am not able to care for children during the initial period?

Current through Reg. 49, No. 28; July 12, 2024
We cannot determine compliance with all minimum standards
						unless you have children in care. If you do not have children in care during
						the initial license period:
(1) We may
					 renew your initial license , if you have not exceeded the maximum one year
					 period;
(2) We may deny you a full
					 license if we determine that denial is appropriate under §
											745.8650
					 of this chapter (relating to When may Licensing deny a permit?); or
(3) You may submit a new application form and
					 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 7 - THE DECISION TO ISSUE OR DENY A PERMIT › Section 745.351 - If I have an initial license, when will I be eligible for a full license?

Current through Reg. 49, No. 28; July 12, 2024
You will be eligible for a full license when:
(1) Your initial license has been in effect
					 for at least three months;
(2) You
					 have met all minimum standards on a continuing basis;
(3) A general residential operation that is
					 exempt from the hearing and notice requirements at §
											745.273(b)
					 of this subchapter (relating to Which residential child-care operations must
					 meet the public notice and hearing requirements?) begins providing trafficking
					 victim services;
(4) The Licensing
					 staff has made three inspections, unless supervisory approval is obtained to
					 make fewer visits; and
(5) You have
					 paid your full license fee in accordance with Subchapter E of this chapter
					 (relating to 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 7 - THE DECISION TO ISSUE OR DENY A PERMIT › Section 745.353 - What can I do if Licensing denies me a permit?

Current through Reg. 49, No. 28; July 12, 2024
You may request an administrative review or an appeal
						regarding the denial of a permit. The letter notifying you of the denial will
						include instructions and timeframes for requesting an administrative review or
						an appeal. Also see Subchapters L and M of this chapter (relating to
						Enforcement Actions, and Administrative Reviews and Due Process
						Hearings).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 7 - THE DECISION TO ISSUE OR DENY A PERMIT › Section 745.355 - When may Licensing issue a full license in lieu of an initial license?

Current through Reg. 49, No. 28; July 12, 2024
We may issue a full license instead of an initial
						license when we determine that it is unnecessary for us to evaluate the
						operation's ability to comply with minimum standards, rules, and statutes,
						including when:
(1) The ownership of
					 an operation changes as follows without changing the type of child care
					 services that the operation offers, any policy or procedures, or the staff who
					 have direct contact with children in care:
(A) An owner changes from one type of
					 business entity to another, and the new business entity has the same governing
					 body as the previous owner;
(B) An
					 owner that is a sole proprietor or partnership forms a business entity to be
					 the new owner, and the business entity's governing body consists only of
					 persons who were a part of the previous ownership; or
(C) A third party acquires the publicly
					 traded stock of a business entity that will continue to own and operate the
					 operation following acquisition;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 8 - DUAL AND MULTIPLE PERMITS › Section 745.371 - Can Licensing issue more than one registration or listing for a single child-care home?

Current through Reg. 49, No. 28; July 12, 2024
No. We can issue only one registration or listing per
						single living unit. For a registered child-care home or listed family home, if
						more than one person cares for children in a single living unit or home, the
						name on the registration or listing must be the name of the primary
						caregiver.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 8 - DUAL AND MULTIPLE PERMITS › Section 745.373 - May I have more than one licensed child-care home?

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as described in subsection (b) of
					 this section, you may not have more than one licensed child-care home, because
					 a primary caregiver must provide care in the caregiver's own
					 residence.
(b) 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
					 license remains 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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 8 - DUAL AND MULTIPLE PERMITS › Section 745.375 - May I offer child day care at my agency foster home or independent foster home?

Current through Reg. 49, No. 28; July 12, 2024
You may only obtain a child day care permit for a
						registration or a listing at your agency foster home under the following
						conditions:
(1) Both the Director of
					 Residential Regional Operations or designee and the Director of Day Care
					 Regional Operations or designee approve the child day care permit for the
					 foster home;
(2) The total number
					 of children in care does not exceed six, including your own children, your
					 foster children, children receiving respite care at your foster home, and the
					 children to whom you provide child day care; and
(3) You meet the requirements for your
					 registration or listing, including the payment of 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 8 - DUAL AND MULTIPLE PERMITS › Section 745.379 - Can a single operation have more than one child day care license at the same location?

Current through Reg. 49, No. 28; July 12, 2024
A single operation may not have more than one child day
						care license at the same 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 8 - DUAL AND MULTIPLE PERMITS › Section 745.381 - Do I need Licensing's permission for my child day-care operation to provide occasional overnight care?

Current through Reg. 49, No. 28; July 12, 2024
Your child day-care operation may provide overnight care
						once a month without our permission. For example, you may have an overnight
						slumber party for the children in care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter D - APPLICATION PROCESS › Division 8 - DUAL AND MULTIPLE PERMITS › Section 745.385 - Can a person or governing body operate multiple operations under the same permit?

Current through Reg. 49, No. 28; July 12, 2024
(a) A person or
					 governing body may not operate multiple operations under the same permit unless
					 the operations are:
(1) The same type of
					 child care operations ;
(2)
					 Contiguous or nearby one another; and
(3) Operate as a single operation as
					 evidenced by staffing, finance, and administrative supervision .