reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter I - NON-ENFORCEMENT VOLUNTARY ACTIONS › Division 1 - OVERVIEW OF VOLUNTARY ACTIONS › Section 745.5003 - How does my taking a voluntary action affect Licensing's ability to impose an enforcement action against my operation?

Current through Reg. 49, No. 28; July 12, 2024
(a) We may impose an
					 enforcement action against your operation:
(1) Even if you have taken a voluntary
					 action; and
(2) Any time while the
					 voluntary action is in effect.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter I - NON-ENFORCEMENT VOLUNTARY ACTIONS › Division 2 - NOTICE AND APPROVAL › Section 745.5051 - What notice and approval are required for a voluntary action?

Current through Reg. 49, No. 28; July 12, 2024
The following chart notes whether notice to and approval
						by Licensing are required before an operation may take the voluntary
						action:
Attached Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter I - NON-ENFORCEMENT VOLUNTARY ACTIONS › Division 3 - TEMPORARY RELOCATION › Section 745.5101 - What must I do when I temporarily relocate my operation because of a renovation or damage that makes the operation temporarily unsuitable for child care?

Current through Reg. 49, No. 28; July 12, 2024
You must:
(1)
					 Complete the notice requirements in §
											745.5051 of this subchapter
					 (relating to What notice and approval is required for a voluntary
					 action?);
(2) Prior to a planned
					 temporary relocation:
(A) Obtain any
					 inspections at the temporary location that are identified in the applicable
					 minimum standards, which may include fire, sanitation, and gas leak
					 inspections;
(B) Ensure the
					 temporary location complies with applicable licensing statutes, rules, and
					 minimum standards;
(C) Allow us to
					 conduct an inspection under §745.5103 of this division (relating to What
					 actions will Licensing take after receiving a notice that you are temporarily
					 relocating?); and
(D) Obtain our
					 approval for any aspect of the temporary location that does not comply with the
					 applicable licensing statutes, rules, and minimum standards; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter I - NON-ENFORCEMENT VOLUNTARY ACTIONS › Division 3 - TEMPORARY RELOCATION › Section 745.5103 - What actions will Licensing take after receiving a notice that you are temporarily relocating?

Current through Reg. 49, No. 28; July 12, 2024
(a) We will conduct an
					 inspection before or as soon as possible after the relocation to determine
					 whether the temporary location complies with the applicable licensing statutes,
					 rules, and minimum standards.
(b)
					 We will consider the following when deciding whether to approve a temporary
					 location that does not comply with minimum standards:
(1) The anticipated length of stay at the
					 temporary location;
(2) The degree
					 of deviation from minimum standards; and
(3) Whether there is a risk to children
					 considering the activities and services that the operation offers.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter I - NON-ENFORCEMENT VOLUNTARY ACTIONS › Division 4 - VOLUNTARY SUSPENSION › Section 745.5151 - For what reasons may I request a voluntary suspension of my permit?

Current through Reg. 49, No. 28; July 12, 2024
You may request a voluntary suspension of your permit
						because you are unable to operate for a specific time period for the following
						reasons:
(1) You are repairing or
					 making changes to your operation;
(2) You do not have children in care or
					 enrollment is too low for you to operate; or
(3) You are unable to operate due to:
(A) Illness;
(B) An extended absence;
(C) A staffing shortage;
(D) Personal reasons; or
(E) A declared disaster.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter I - NON-ENFORCEMENT VOLUNTARY ACTIONS › Division 4 - VOLUNTARY SUSPENSION › Section 745.5153 - How do I request a voluntary suspension?

Current through Reg. 49, No. 28; July 12, 2024
You must submit a written request for a voluntary
						suspension to your Licensing representative. In your request, you must
						include:
(1) The reason that you are
					 requesting a voluntary suspension from §745.5151 of this division
					 (relating to For what reasons may I request a voluntary suspension of my
					 permit?);
(2) The proposed dates
					 for the suspension to begin and end;
(3) Plans to resume operating; and
(4) A statement about how you will meet the
					 applicable licensing statutes, rules, and minimum standards at the end of the
					 suspension period.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter I - NON-ENFORCEMENT VOLUNTARY ACTIONS › Division 4 - VOLUNTARY SUSPENSION › Section 745.5155 - What actions may Licensing take after receiving written notice that you are requesting a voluntary suspension?

Current through Reg. 49, No. 28; July 12, 2024
After we receive your written request for a voluntary
						suspension, we may approve, deny, or add conditions to your request to
						voluntarily suspend your permit based on the following factors:
(1) Whether an enforcement action is
					 currently pending or we are considering imposing an enforcement action against
					 your operation;
(2) Whether we can
					 confirm that you do not plan to care for children during the voluntary
					 suspension period;
(3) The length
					 of the time you plan to suspend your permit; and
(4) Whether your request meets one of the
					 reasons of §745.5151 of this division (relating to For what reasons may I
					 request a voluntary suspension?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter I - NON-ENFORCEMENT VOLUNTARY ACTIONS › Division 4 - VOLUNTARY SUSPENSION › Section 745.5157 - What are my responsibilities during the voluntary suspension period?

Current through Reg. 49, No. 28; July 12, 2024
(a) As soon as
					 possible, but no later than 24 hours after we notify you of our approval, you
					 must notify the parents of any children attending or enrolled in your operation
					 of the voluntary suspension, including the dates of the voluntary suspension
					 period.
(b) During the voluntary
					 suspension period, you must:
(1) Not have
					 children in care;
(2) Notify us at
					 least 15 days before resuming operation, as required by §745.5159 of this
					 division (relating to What must occur before I may reopen and begin operating
					 at the end of the voluntary suspension period?);
(3) Return the permit to us during the
					 suspension period;
(4) Meet the
					 permit renewal requirements in Subchapter D, Division 12 of this chapter
					 (relating to Permit Renewal), if applicable, so your permit does not expire
					 while under voluntary suspension; and
(5) Remit all fees due during the suspension
					 period.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter I - NON-ENFORCEMENT VOLUNTARY ACTIONS › Division 4 - VOLUNTARY SUSPENSION › Section 745.5159 - What must occur before I may reopen and begin operating at the end of the voluntary suspension period?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must notify us
					 in writing at least 15 days before you plan to begin operating.
(b) We will conduct an inspection within 15
					 days to determine whether you are meeting all applicable licensing statutes,
					 rules, and minimum standards.
(c)
					 After the inspection, we will determine whether to give you permission to
					 reopen and operate.
(d) You may
					 reopen only if we give you permission to operate after conducting the
					 inspection.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter I - NON-ENFORCEMENT VOLUNTARY ACTIONS › Division 4 - VOLUNTARY SUSPENSION › Section 745.5161 - What if I do not begin operating at the end of the voluntary suspension period?

Current through Reg. 49, No. 28; July 12, 2024
If you have not met the requirements of §745.5159 of
						this division (relating to What must occur before I may reopen and begin
						operating at the end of the voluntary suspension period?) and do not begin
						operating at the end of the voluntary suspension period:
(1) You may request an extension if your
					 voluntary suspension was for less than two years;
(2) You may voluntarily close your operation;
					 or
(3) We may take an enforcement
					 action, including revoking your permit.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter I - NON-ENFORCEMENT VOLUNTARY ACTIONS › Division 5 - VOLUNTARY CLOSURE › Section 745.5201 - How do I voluntarily close my operation?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must notify the
					 parents of any children that you are voluntarily closing your operation as
					 provided in this chart:
Attached Graphic
(b) When you voluntarily close
					 your operation, you must:
(1) Notify us as
					 soon as possible, but no later than 10 days after you close your operation;
					 and
(2) Surrender your permit. If
					 you want to operate again after you voluntarily close your operation, you will
					 have to apply for a new permit.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter J - WAIVERS AND VARIANCES FOR MINIMUM STANDARDS › Section 745.8301 - What words must I know to understand this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
These words have the following meanings in this
					 subchapter:
(1) Foster family home--A
				  home that is the primary residence of the foster parent or parents and provides
				  care to six or fewer children or young adults, under the regulation of a
				  child-placing agency. Also referred to as "foster home."
(2) Foster parent--A person verified to
				  provide child care services in the foster home.
(3) Kinship foster home--A foster family home
				  with a foster parent or parents who:
(A) Is
				  related to a foster child by consanguinity or affinity; or
(B) Has a longstanding and significant
				  relationship with the foster child before the child is placed with the foster
				  parent.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter J - WAIVERS AND VARIANCES FOR MINIMUM STANDARDS › Section 745.8303 - What minimum standards are ineligible for a waiver or variance?

Current through Reg. 49, No. 28; July 12, 2024
A minimum standard is ineligible for a waiver or variance
					 if the minimum standard is required by state or federal law.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter J - WAIVERS AND VARIANCES FOR MINIMUM STANDARDS › Section 745.8305 - How do I request a waiver or variance?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must request a
				  waiver or variance in writing by submitting a completed:
(1)
Waiver/Variance Request
through your online account and separately providing any supporting
				  documentation to your Licensing representative; or
(2) Form 2937
Child Care Regulation
				  Waiver/Variance Request,
or the information required by the form and
				  any supporting documentation, to your Licensing representative.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter J - WAIVERS AND VARIANCES FOR MINIMUM STANDARDS › Section 745.8307 - How long does Licensing have to process a request for a waiver or variance?

Current through Reg. 49, No. 28; July 12, 2024
(a) Within 15 days
				  after Licensing receives a request, the Licensing representative:
(1) Reviews the request and any supporting
				  documentation; and
(2) Makes a
				  recommendation to the supervisor or the supervisor's designee whether to grant
				  the request for a waiver or variance.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter J - WAIVERS AND VARIANCES FOR MINIMUM STANDARDS › Section 745.8309 - When does a waiver or variance expire, and what must I do before it expires?

Current through Reg. 49, No. 28; July 12, 2024
(a) We grant a waiver
				  or variance for a specific amount of time. The waiver or variance will include
				  its expiration date.
(b) We may
				  issue a waiver or variance for up to three years. If you need a waiver or
				  variance for a time period that exceeds three years, you will have to submit a
				  new request as explained in subsection (c) of this section.
(c) If you will still need a waiver or
				  variance after the waiver or variance expires, you must submit a new request to
				  us according to §
										745.8305 of this subchapter
				  (relating to How do I request a waiver or variance?):
(1) At least 35 days prior to the expiration;
				  or
(2) As soon as possible, if the
				  expiration date of the waiver or variance is less than 35 days from the date we
				  granted it.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter J - WAIVERS AND VARIANCES FOR MINIMUM STANDARDS › Section 745.8311 - What conditions may Licensing place on an approved waiver or variance?

Current through Reg. 49, No. 28; July 12, 2024
(a) We may place any
				  condition on a waiver or variance we determine is necessary to protect the
				  health and safety of children in your care.
(b) You must comply with each condition while
				  the waiver or variance is in effect.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter J - WAIVERS AND VARIANCES FOR MINIMUM STANDARDS › Section 745.8313 - What factors do we consider when deciding whether to grant a waiver or variance?

Current through Reg. 49, No. 28; July 12, 2024
When deciding whether to grant a waiver or variance, we
					 consider:
(1) Whether the minimum
				  standard is ineligible for a waiver or variance as outlined in §
										745.8303 of this subchapter
				  (relating to What minimum standards are ineligible for a waiver or
				  variance?);
(2) The risk to
				  children if your operation or foster home does not meet the standard;
(3) The compliance history of your operation,
				  including past and current enforcement actions;
(4) Any waivers or variances currently in
				  effect;
(5) Your permit status,
				  including if you are an applicant or have an initial license;
(6) Whether your operation is on heightened
				  monitoring;
(7) Any economic
				  factors or other constraints affecting your ability to comply;
(8) If the request is for a foster home, the
				  additional factors for a foster home as required by §
										745.8315 of this subchapter
				  (relating to What additional factors does Licensing consider when deciding
				  whether to grant a waiver or variance for a foster home?); and
(9) Any other factor relevant to your request
				  or operation that we identify.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter J - WAIVERS AND VARIANCES FOR MINIMUM STANDARDS › Section 745.8315 - What additional factors does Licensing consider when deciding whether to grant a waiver or variance for a foster home?

Current through Reg. 49, No. 28; July 12, 2024
When the request is associated with a foster home, we will
					 consider:
(1) The compliance history
				  of the foster home.
(2) If the
				  request is to increase the maximum number of foster children a foster home may
				  care for, whether you may use the exception criteria under §
										749.2551(b) of
				  this title (relating to What is the maximum number of children a foster family
				  home may care for?); and
(3) Any
				  limitations in state or federal law, including that:
(A) We only may issue a waiver if the home is
				  a kinship foster home;
(B) We may
				  not approve a request that would result in a foster home's total capacity
				  exceeding eight foster children; and
(C) We may not approve a request that would
				  result in a foster home's foster care capacity exceeding six foster children
				  unless:
(i) You are requesting a variance for
				  a reason in §
												749.2551(b)(1) of
				  this title; and
(ii) You are not
				  able to use the exception criteria under §
												749.2551(b) of
				  this title to increase the foster home's foster care capacity.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter J - WAIVERS AND VARIANCES FOR MINIMUM STANDARDS › Section 745.8317 - What factors do we consider when determining the expiration date and conditions for a waiver or variance?

Current through Reg. 49, No. 28; July 12, 2024
If we grant you a waiver or variance, we will also use the
					 factors listed in §
										745.8313 of this subchapter
					 (relating to What factors do we consider when deciding whether to grant a
					 waiver or variance?) when determining the expiration date and what conditions
					 to put on the waiver or variance.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter J - WAIVERS AND VARIANCES FOR MINIMUM STANDARDS › Section 745.8319 - Can Licensing amend or revoke a waiver or variance?

Current through Reg. 49, No. 28; July 12, 2024
(a) A waiver or
				  variance is not an entitlement. Accordingly, we may amend or revoke your waiver
				  or variance if we determine that:
(1) Your
				  waiver or variance does not address a risk to children that currently
				  exists;
(2) The circumstances that
				  supported the decision to grant the waiver or variance have changed;
(3) You fail to meet a condition;
				  or
(4) Your waiver or variance
				  requires an additional or alternative condition.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter J - WAIVERS AND VARIANCES FOR MINIMUM STANDARDS › Section 745.8321 - What can I do if I disagree with Licensing's decision related to a waiver or variance?

Current through Reg. 49, No. 28; July 12, 2024
(a) When you disagree
				  with the original expiration date or original conditions associated with a
				  waiver or variance that Licensing granted:
Attached
					 Graphic
(b) When
				  we deny, revoke, or amend a waiver or variance:
Attached
					 Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 1 - OVERVIEW OF INSPECTIONS AND INVESTIGATIONS › Section 745.8401 - Who may inspect or investigate an operation under this division?

Current through Reg. 49, No. 28; July 12, 2024
(a) An authorized
					 representative of Licensing may inspect or investigate:
(1) An operation that is subject to
					 regulation under Texas Human Resources Code (HRC) Chapter 42 to:
(A) Monitor the operation's compliance with
					 licensing statutes, rules, and minimum standards; and
(B) Investigate an allegation of
					 non-compliance with licensing statutes, rules, and minimum standards;
					 and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 1 - OVERVIEW OF INSPECTIONS AND INVESTIGATIONS › Section 745.8403 - What actions may Licensing take during an inspection or investigation?

Current through Reg. 49, No. 28; July 12, 2024
During an inspection or investigation, we may take
						actions that reduce the risk to children and protect the health, safety, and
						well-being of children in care, including:
(1) Evaluating whether the operation is
					 subject to regulation;
(2)
					 Conducting a walkthrough of the operation;
(3) Verifying compliance with licensing
					 statutes, rules, and minimum standards;
(4) Assessing the risk to children in the
					 operation;
(5) Assisting the
					 operation with identifying problems contributing to deficiencies in licensing
					 statutes, rules, and minimum standards;
(6) Offering technical assistance;
(7) Gathering information; and
(8) Making a fair, accurate, and impartial
					 decision regarding your compliance with licensing statutes, rules, and minimum
					 standards.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 1 - OVERVIEW OF INSPECTIONS AND INVESTIGATIONS › Section 745.8405 - When does Licensing inspect or investigate an operation or program?

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
					 chart describes when we inspect or investigate an operation:
Attached Graphic
(b) We may inspect or investigate
					 your operation or program during its hours of operation.
(c) If you operate a child-placing agency
					 main office or branch office that is not open between 8:00 a.m. and 5:00 p.m.,
					 Monday through Friday, you must ensure that the office and employees are
					 available upon our request for the purpose of inspecting or investigating your
					 agency.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 1 - OVERVIEW OF INSPECTIONS AND INVESTIGATIONS › Section 745.8407 - How often may Licensing inspect or investigate my operation?

Current through Reg. 49, No. 28; July 12, 2024
We may inspect or investigate your operation as often as
						is necessary to verify compliance with licensing statutes, rules, and minimum
						standards or to complete an investigation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 1 - OVERVIEW OF INSPECTIONS AND INVESTIGATIONS › Section 745.8409 - Are inspections and investigations announced or unannounced?

Current through Reg. 49, No. 28; July 12, 2024
(a) One inspection
					 every year must be unannounced for a:
(1)
					 Licensed operation;
(2) Certified
					 operation; and
(3) Registered
					 child-care home that is receiving a subsidy for a child in care through the
					 Texas Workforce Commission (TWC).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 1 - OVERVIEW OF INSPECTIONS AND INVESTIGATIONS › Section 745.8411 - What are my responsibilities when Licensing or the Texas Department of Family and Protective Services inspects or investigates my operation?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must
					 ensure that no one at your operation interferes with an inspection or
					 investigation by Licensing or an investigation by the Department of Family and
					 Protective Services (DFPS).
(b) You
					 must ensure your operation:
(1) Admits the
					 Licensing or DFPS representatives to the operation;
(2) Provides access to all areas of the
					 operation;
(3) Provides access to
					 all records; and
(4) Does not delay
					 or prevent the Licensing or DFPS representatives from conducting an inspection
					 or investigation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 1 - OVERVIEW OF INSPECTIONS AND INVESTIGATIONS › Section 745.8413 - What can Licensing inspect or investigate?

Current through Reg. 49, No. 28; July 12, 2024
(a) We may inspect and
					 investigate any part of your operation that could affect the health, safety, or
					 well-being of children. This includes access to:
(1) All records of the operation, including
					 child records, personnel records, and any audio or visual records;
(2) Any area of the building, home, or
					 grounds where your operation is located; and
(3) Any equipment the operation uses when
					 providing care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 1 - OVERVIEW OF INSPECTIONS AND INVESTIGATIONS › Section 745.8415 - How does Licensing investigate an anonymous report?

Current through Reg. 49, No. 28; July 12, 2024
(a) If an anonymous
					 report contains an allegation that the health or safety of children is at risk,
					 we will investigate the report and any alleged deficiencies.
(b) If an anonymous report does not contain
					 an allegation that the health or safety of children is at risk, we will
					 evaluate the anonymous report to determine whether any alleged deficiency has a
					 factual basis.
(c) To evaluate the
					 anonymous report, we:
(1) Check the
					 operation's compliance history for similar allegations or deficiencies;
					 and
(2) Contact the operation and
					 collaterals.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 1 - OVERVIEW OF INSPECTIONS AND INVESTIGATIONS › Section 745.8417 - What will Licensing post on its Search Texas Child Care website about findings from the investigation of an anonymous report?

Current through Reg. 49, No. 28; July 12, 2024
After investigating an anonymous report:
(1) We will not post a record of the report
					 on the Search Texas Child Care website if we do not find a factual basis for
					 any of the alleged deficiencies in the report;
(2) We will post a record of the report and
					 the findings on the Search Texas Child Care website if:
(A) We determine the operation had any
					 deficiencies; and
(B) The operation
					 waives its right to an administrative review for any deficiency, or any
					 deficiency is upheld in the administrative review process.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 2 - NOTIFICATION › Section 745.8441 - When will we notify the operation of the purpose of an unannounced inspection or investigation?

Current through Reg. 49, No. 28; July 12, 2024
(a) For an announced or
					 unannounced inspection, we will notify the person in charge of the operation of
					 the purpose of the inspection at the time of the inspection.
(b) For an investigation regarding a statute,
					 rule, or minimum standard deficiency, we will notify the person in charge of
					 the operation of the nature of the allegation made in the report when we first
					 contact the operation, except as provided in subsection (c) of this
					 section.
(c) When we first contact
					 an operation, we do not have to notify the person in charge of the operation of
					 the nature of the allegation made in the report if:
(1) The allegation is against the person in
					 charge, designee, administrator, director, or primary caregiver; or
(2) We have a reason to believe that
					 disclosing the nature of the allegation may compromise the
					 investigation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 2 - NOTIFICATION › Section 745.8443 - Whom will Licensing notify of the outcome of an inspection or investigation?

Current through Reg. 49, No. 28; July 12, 2024
(a) Once an
					 inspection or investigation is complete, we will notify the operation of the
					 outcome of the inspection or investigation by providing a completed inspection
					 form or notification letter to the:
(1)
					 Designee, director, administrator, or primary caregiver; and
(2) Person in charge, if the designee,
					 director, administrator, or primary caregiver is not available during the exit
					 interview.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 2 - NOTIFICATION › Section 745.8445 - What will the notification of the outcome of the inspection or investigation include?

Current through Reg. 49, No. 28; July 12, 2024
(a) The notification of
					 the outcome of the inspection or investigation sent to the operation will
					 include:
(1) Any licensing statutes, rules, or
					 minimum standards that we investigated and whether the operation was in
					 compliance;
(2) The specifics of
					 any deficiency that we found during an investigation or inspection;
(3) The date by which you must comply with a
					 particular licensing statute, rule, or minimum standard; and
(4) Your right to an administrative review to
					 dispute any deficiency that we found.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 2 - NOTIFICATION › Section 745.8447 - What must I do if Licensing notifies me of a deficiency?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must:
(1) Correct the deficiency within the
					 timeframe that we specified, unless we approve an extension as provided in
					 subsections (c) and (d) of this section; and
(2) Meet all licensing statutes, rules, and
					 minimum standards.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 2 - NOTIFICATION › Section 745.8449 - Who provides notices related to investigations of child abuse, neglect, and exploitation?

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
					 Department of Family and Protective Services (DFPS) provides notifications
					 regarding child abuse, neglect, and exploitation investigations, as provided in
					 Title 40, Part 19, Chapter 707, Subchapter C, Division 3 (relating to
					 Notification), including:
(1) Notification to
					 Licensing of the investigation findings, any evidence gathered regarding
					 possible minimum standard deficiencies, and any safety plan implemented;
					 and
(2) For an investigation in a
					 residential child care operation, notification to the residential child care
					 operation of the investigation findings and the name of the person alleged or
					 designated as a perpetrator of child abuse, neglect, or exploitation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 3 - CONFIDENTIAL RECORDS › Section 745.8481 - What types of child care records does Licensing maintain?

Current through Reg. 49, No. 28; July 12, 2024
(a) We maintain a
					 record for each:
(1) Operation that applies
					 for a permit;
(2) Regulated
					 operation (a regulated operation's record was previously known as the
					 operation's monitoring file);
(3)
					 Program or operation that we investigate as a possible unregulated
					 operation;
(4) Exemption
					 determination that we make under §
												745.131 of this chapter (relating
					 to How does a person or entity request that Licensing determine whether a
					 program is exempt?) and any information that we gather to make such a
					 determination; and
(5) Individual
					 who applies for an administrator's license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 3 - CONFIDENTIAL RECORDS › Section 745.8483 - What portions of a child care record are confidential?

Current through Reg. 49, No. 28; July 12, 2024
We can provide most portions of a child care record to
						the public. However, the following lists the portions of a child care record
						that are confidential and will not be released to the public in any manner,
						unless noted as an exception in §745.8487 of this division (relating to
						Are there any exceptions that allow the portions of a child care record that
						are confidential to be released to the public or certain persons?):
(1) Information concerning an open
					 investigation, including:
(A) Interviews with
					 operation staff, foster parents or other caregivers, children, or any other
					 person; and
(B) Internal
					 discussions by or among Licensing staff;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 3 - CONFIDENTIAL RECORDS › Section 745.8485 - Can an operation record the inspection or investigation process?

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to
					 preserve the integrity and confidentiality of the Licensing inspection and
					 investigation process, an operation or any person acting on the operation's
					 behalf may not make a visual or audio recording, listen to, or eavesdrop on
					 any:
(1) Licensing interview with operation
					 staff, foster parents or other caregivers, children, or any other person;
					 or
(2) Internal discussion by or
					 among Licensing staff.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 3 - CONFIDENTIAL RECORDS › Section 745.8487 - Are there any exceptions that allow the portions of a child care record that are confidential to be released to the public or certain persons?

Current through Reg. 49, No. 28; July 12, 2024
Notwithstanding §745.8483 of this division (relating
						to What portions of a child care record are confidential?), the below
						exceptions allow certain portions of a child care record that are confidential
						to be released in the following manner:
(1) Information obtained during an open
					 investigation that was confidential under §745.8483(1) of this division is
					 no longer confidential under that provision after the investigation is
					 completed.
(2) Information obtained
					 during an open investigation that is otherwise confidential under
					 §745.8483(1) of this division may be released to an operation if Licensing
					 determines it is necessary to protect the health, safety, or well-being of a
					 child and the release is compliant with applicable state and federal law
					 including the federal Child Abuse Prevention and Treatment Act.
(3) A foster home screening, adoptive home
					 screening, and post-placement adoptive report is confidential under
					 §745.8483(4)(B) of this division, but the screening or report may be
					 released to:
(A) The individual who is the
					 subject of the screening or report; or
(B) Any other person, if the Associate
					 Commissioner for Child Care Regulation or designee determines the release of
					 the screening or report is necessary to protect the health or safety of a
					 child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 3 - CONFIDENTIAL RECORDS › Section 745.8489 - Who may get a copy of the portions of a child care record that are confidential?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Notwithstanding §745.8483 of this division (relating to What portions of a
					 child care record are confidential?), we may provide a copy of the portions of
					 a child care record that are confidential to the following persons and entities
					 in the relevant situations:
(1) Texas Health
					 and Human Services Commission (HHSC) staff, including volunteers, as necessary
					 to perform their assigned duties;
(2) Texas Department of Family and Protective
					 Services (DFPS) staff, including volunteers, as necessary to perform their
					 assigned duties;
(3) A single
					 source continuum contractor (SSCC) that contracts with DFPS to provide
					 community-based care in Texas Family Code, Subchapter B-1, Chapter 264, as
					 necessary for the SSCC's staff, including volunteers, to perform the SSCC's
					 duties under that subchapter;
(4)
					 Law enforcement personnel for the purpose of investigating a crime that is
					 related to the record;
(5) An
					 administrative law judge or judge of a competent jurisdiction in a civil or
					 criminal case arising out of a related inspection, investigation, or
					 enforcement action; and
(6) Any
					 other person authorized by state or federal law to have a
					 copy.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 3 - CONFIDENTIAL RECORDS › Section 745.8491 - Who can review or have a copy of a photograph, audio or visual recording, or documentation of a child that is in our records?

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to the
					 persons and entities identified in §745.8489 of this division (relating to
					 Who may get a copy of the portions of a child care record that are
					 confidential?):
(1) The parent of the child
					 may get a copy of a photograph, audio or visual recording, or documentation of
					 the child that is in our records; and
(2) The following persons may review a
					 photograph, audio or visual recording, or documentation of a child in our
					 records, but may not have a copy:
(A)
					 Attorney ad litem, guardian ad litem, or court appointed special advocate of a
					 child; and
(B) The operation cited
					 for a deficiency from the inspection or investigation during which the
					 photograph was taken or the audio or visual recording, or documentation was
					 made.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 3 - CONFIDENTIAL RECORDS › Section 745.8493 - Will Licensing release any information related to a child abuse, neglect, or exploitation investigation conducted by the Texas Department of Family and Protective Services (DFPS)?

Current through Reg. 49, No. 28; July 12, 2024
(a) DFPS investigations
					 of child abuse, neglect, or exploitation remain confidential after DFPS
					 provides the information to Licensing as described in Texas Human Resources
					 Code §
											40.042(f).
(b) A person must request information related
					 to an investigation conducted by DFPS from DFPS.
(c) We may release information related to a
					 DFPS investigation in our records to:
(1) An
					 operation to support a licensing statute, rule, or minimum standard deficiency
					 that we assessed against the operation, so long as we redact any confidential
					 information;
(2) An operation if
					 Licensing determines that the operation needs the information to protect the
					 health, safety, or well-being of a child, and the release is compliant with
					 state and federal law including the federal Child Abuse Prevention and
					 Treatment Act; or
(3) Any other
					 person or entity authorized by state or federal law to have a
					 copy.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 4 - TECHNICAL ASSISTANCE › Section 745.8581 - What is technical assistance?

Current through Reg. 49, No. 28; July 12, 2024
(a) Technical
					 assistance is additional information or clarification we provide to help you
					 understand and comply with licensing statutes, rules, and minimum
					 standards.
(b) Technical assistance
					 is not a deficiency or an enforcement action. Our provision of technical
					 assistance does not affect our ability to issue a deficiency or take an
					 enforcement action.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 4 - TECHNICAL ASSISTANCE › Section 745.8583 - When does Licensing provide technical assistance?

Current through Reg. 49, No. 28; July 12, 2024
We may provide technical assistance orally or in
						writing:
(1) At any time during or at
					 the conclusion of an inspection or investigation, including on the inspection
					 form or investigation letter, regardless of whether the operation is deficient
					 or in compliance with a particular licensing statute, rule, or minimum
					 standard;
(2) As part of the
					 ongoing regulatory process; or
(3)
					 At your request.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter K - INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY › Division 4 - TECHNICAL ASSISTANCE › Section 745.8585 - May I request an administrative review for technical assistance that Licensing provided?

Current through Reg. 49, No. 28; July 12, 2024
No. We provide technical assistance to help you
						understand and comply with licensing statutes, rules, and minimum standards.
						Technical assistance does not include a decision or action you may challenge
						through an administrative review. If we provide you with technical assistance
						in addition to citing you for a deficiency, you will have the right to request
						an administrative review related to the deficiency but not the technical
						assistance.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 1 - OVERVIEW OF ENFORCEMENT ACTIONS › Section 745.8600 - What is the general purpose of the rules in this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
(a) The rules in this subchapter contain:
(1) The different types of actions that we
					 use to enforce the requirements in minimum standards, rules, and statutes ;
					 and
(2) The criteria that we use to
					 determine what type of enforcement action we will take in specific
					 circumstances.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 1 - OVERVIEW OF ENFORCEMENT ACTIONS › Section 745.8601 - What happens if I am deficient in a minimum standard, rule, statute , specific term of my permit, or condition of probation?

Current through Reg. 49, No. 28; July 12, 2024
If you are deficient in a minimum standard, rule, statute
						, specific term of your permit, or a condition of probation, we may take one or
						both of the following actions:
(1)
					 Offer technical assistance; or
(2)
					 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 L - ENFORCEMENT ACTIONS › Division 1 - OVERVIEW OF ENFORCEMENT ACTIONS › Section 745.8603 - What enforcement actions may Licensing recommend or impose?

Current through Reg. 49, No. 28; July 12, 2024
(a) We may recommend a voluntary plan of
					 action or impose a more serious enforcement action as outlined in the following
					 chart:
Attached Graphic
(b) We may impose an action listed
					 in subsection (a) of this rule any time we determine there is a reason for
					 imposing the action. We will choose the action based on its appropriateness in
					 relation to the situation we are seeking to address. We do not have to
					 recommend or impose a less restrictive action if we determine that a more
					 restrictive action is more appropriate.
(c) In some situations, we may take multiple
					 types of actions against your operation at the same time. For example, if you
					 continue to operate pending the appeal of a denial, we may pursue a judicial
					 action to prevent you from operating without a permit .
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter L - ENFORCEMENT ACTIONS › Division 1 - OVERVIEW OF ENFORCEMENT ACTIONS › Section 745.8607 - How will Licensing decide which type of enforcement action to recommend or impose?

Current through Reg. 49, No. 28; July 12, 2024
We decide to recommend or impose enforcement actions
						based upon our assessment of the following:
(1) The severity of any deficiency that is a
					 reason for the enforcement action, including whether the deficiency involved
					 the abuse or neglect or resulted in the death or near fatal injury of a
					 child;
(2) The severity and
					 frequency of a repetition or pattern of deficiencies ;
(3) The extent to which a deficiency or
					 repetition or pattern of deficiencies can be corrected;
(4) How quickly you can make the necessary
					 correction (for a suspension, whether the deficiency can be corrected within
					 the suspension period);
(5) Whether
					 you demonstrate the responsibility and ability to maintain compliance with
					 minimum standards, rules, and statutes ;
(6) Whether we must impose conditions to
					 avoid further deficiencies;
(7)
					 Your compliance history;
(8) The
					 degree or immediacy of danger or threat of danger posed to the health or safety
					 of children; and
(9) Any
					 aggravating or mitigating factors.