reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter A - PURPOSE, SCOPE, AND DEFINITIONS › Division 2 - SCOPE › Section 747.117 - Who is responsible for complying with these minimum standards?

Current through Reg. 49, No. 28; July 12, 2024
(a) For a registered child-care home, the
					 permit holder must ensure compliance with all minimum standards in this chapter
					 at all times, with the exception of any minimum standard identified:
(1) Only for licensed child-care homes;
					 or
(2) For specific types of
					 child-care programs or activities the child-care home does not offer, such as
					 transportation or swimming activities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter A - PURPOSE, SCOPE, AND DEFINITIONS › Division 3 - DEFINITIONS › Section 747.121 - What do certain pronouns mean when used in this chapter?

Current through Reg. 49, No. 28; July 12, 2024
The following words have the following meanings when used
						in this chapter:
(1) I, my, you, and
					 your--A permit holder who is the primary caregiver in a licensed or registered
					 child-care home, unless otherwise stated.
(2) We, us, our, and Licensing--The Child
					 Care Regulation department of the Texas Health and Human Services Commission
					 (HHSC).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 1 - PRIMARY CAREGIVER RESPONSIBILITIES › Section 747.201 - Who is a primary caregiver?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 primary caregiver is the person responsible for ensuring that the home operates
					 in compliance with these minimum standards and the licensing laws. The primary
					 caregiver of a licensed or registered child-care home must:
(1) Live in the home where care is provided,
					 unless the home was licensed as a group day care home prior to September 1,
					 2003. Refer to § 747.111 of Title 40 (relating to What is a licensed
					 child-care home?); and
(2) Be the
					 permit holder unless the primary caregiver forms a business entity that is the
					 permit holder for the home.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 1 - PRIMARY CAREGIVER RESPONSIBILITIES › Section 747.203 - As the primary caregiver, may I leave someone else in charge if I cannot be home during all hours of operation?

Current through Reg. 49, No. 28; July 12, 2024
Yes. When you are absent from the child-care home, you
						must designate a substitute caregiver to be in charge of the child-care home.
						Substitutes must:
(1) Know they are in
					 charge and for how long;
(2) Know
					 their responsibilities while in charge;
(3) Have access to all essential information
					 to communicate with parents and state and local authorities as needed;
					 and
(4) Have the authority to run
					 the child-care home in compliance with minimum standards.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 1 - PRIMARY CAREGIVER RESPONSIBILITIES › Section 747.205 - Must I be present at my child-care home during all hours of operation?

Current through Reg. 49, No. 28; July 12, 2024
As the primary caregiver, you must routinely be present
						in your child-care home during its hours of operation; however, you may be
						temporarily absent for limited periods of time for vacations, short-term family
						emergencies or family business, illness, hospitalization or doctor
						appointments, jury duty, to attend training, or to attend to child- care
						business.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 1 - PRIMARY CAREGIVER RESPONSIBILITIES › Section 747.207 - What are my responsibilities as the primary caregiver?

Current through Reg. 49, No. 28; July 12, 2024
You are responsible for:
(1) Developing and implementing your
					 child-care home's operational policies, which comply with or exceed Division 4
					 of this subchapter (relating to Operational Policies);
(2) Ensuring all assistant caregivers and
					 substitute caregivers comply with the relevant minimum standards for those
					 caregivers, as specified in this chapter, and are provided assignments that
					 match their skills, abilities, and training;
(3) Ensuring all household members comply
					 with the minimum standards that apply to household members, as specified in
					 this chapter;
(4) Reporting
					 suspected abuse, neglect, or exploitation directly to the Texas Abuse and
					 Neglect Hotline, as required by Texas Family Code §
											261.1401. You may not
					 delegate your responsibility to make a report, and you may not require a
					 household member or employee to seek approval to file a report or notify you
					 that a report was made;
(5)
					 Ensuring parents can visit your child-care home any time during all hours of
					 operation to observe their child, program activities, the home, the grounds,
					 and the equipment, without having to secure prior approval;
(6) Initiating background checks as specified
					 in Chapter 745, Subchapter F of this title (relating to Background
					 Checks);
(7) Ensuring all
					 information related to background checks is kept confidential and not disclosed
					 to unauthorized persons, as required by the Human Resources Code, §
											40.005(d) and
					 (e);
(8) Complying with the liability insurance
					 requirements in this division;
(9)
					 Complying with:
(A) The child-care licensing
					 law, found in Chapter
					 42 of the Human
					 Resources Code;
(B) All the minimum
					 standards that apply to your licensed or registered child-care home, as
					 specified in this chapter;
(C) All
					 other applicable laws and rules in the Texas Administrative Code; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 1 - PRIMARY CAREGIVER RESPONSIBILITIES › Section 747.209 - What are the liability insurance requirements?

Current through Reg. 49, No. 28; July 12, 2024
Unless you have an acceptable reason not to have the
						insurance, you must:
(1) Maintain
					 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 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 1 - PRIMARY CAREGIVER RESPONSIBILITIES › Section 747.211 - 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 §747.209 of this division
					 (relating to What are the liability insurance requirements?) if you are unable
					 to 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 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 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 1 - PRIMARY CAREGIVER RESPONSIBILITIES › Section 747.213 - 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 §747.209 of this division (relating to What
					 are the liability insurance requirements?), then you must notify the parent of
					 each child in your care in writing that you do not carry liability insurance
					 before you admit the child into your care.
(b) If you received your permit before April
					 25, 2021 and cannot obtain the liability insurance by that date, then you must
					 notify the parent of each child in your care in writing that you do not carry
					 the insurance by May 25, 2021.
(c)
					 If you previously carried the liability insurance and subsequently stop
					 carrying the liability insurance, then you must notify the parent of each child
					 in your care in writing that you do not carry the insurance within 14 days
					 after you stop carrying it.
(d)
					 You may use Form 2962, Verification of Liability Insurance, located on the
					 Licensing 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, as required in §
											747.801(14)
					 of this chapter (relating to What records must I keep at my child-care
					 home?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 2 - REQUIRED NOTIFICATIONS › Section 747.301 - What changes regarding my child-care home must I notify Licensing about before making the change?

Current through Reg. 49, No. 28; July 12, 2024
You must notify us in writing before:
(1) Changing the address or location of the
					 child-care home;
(2) Adding to or
					 reducing indoor or outdoor space;
(3) Adding a swimming pool or other permanent
					 body of water;
(4) Changing the age
					 range of children to be cared for;
(5) Changing the hours, days, or months of
					 operation;
(6) Offering new
					 services relating to minimum standards found in this chapter, such as nighttime
					 care, transportation, or field trips;
(7) Planned closure of five consecutive days
					 or more, during designated hours of operation when the home is not caring for
					 children, with the exception of nationally recognized holidays; or
(8) Going out of business.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 2 - REQUIRED NOTIFICATIONS › Section 747.303 - What other situations require notification to Licensing?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must notify us
					 as soon as possible, but no later than two days after:
(1) Any occurrence that renders all or part
					 of your child-care home unsafe or unsanitary for a child;
(2) Injury to a child in your care that
					 requires medical treatment by a health-care professional or
					 hospitalization;
(3) A child in
					 your care shows signs or symptoms of an illness that requires
					 hospitalization;
(4) You become
					 aware that a household member, caregiver, or child in care contracts an illness
					 deemed notifiable by the Texas Department of State Health Services as specified
					 in 25 TAC Chapter 97, Subchapter A (relating to Control of Communicable
					 Disease);
(5) A person for whom you
					 are required to request a background check under Chapter 745, Subchapter F of
					 this title (relating to Background Checks) is arrested or charged with a
					 crime;
(6) The occurrence of any
					 other non-routine situation that places, or may place, a child at risk for
					 injury or harm, such as forgetting a child in a vehicle or not preventing a
					 child from wandering away from your child-care home unsupervised; and
(7) A new individual becomes a controlling
					 person at your operation, or an individual that was previously a controlling
					 person ceases to be a controlling person at your operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 2 - REQUIRED NOTIFICATIONS › Section 747.305 - What emergency and medical situations must I notify parents about?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must
					 notify the parent of a child immediately if there is an allegation that the
					 child has been abused, neglected, or exploited, as defined in Texas Family Code
					 §
											261.001, while in your
					 care.
(b) After you ensure the
					 safety of the child, you must notify the parent of the child immediately after
					 the child:
(1) Is injured and the injury
					 requires medical treatment by a health-care professional;
(2) Shows signs or symptoms of an illness
					 that requires hospitalization;
(3)
					 Has had an emergency anaphylaxis reaction that required administration of an
					 unassigned epinephrine auto-injector;
(4) Has been involved in any non-routine
					 situation that placed, or may have placed, the child at risk for injury or
					 harm. For example, forgetting the child in a vehicle or failing to prevent the
					 child from wandering away from your child-care home unsupervised; or
(5) Has been involved in any situation that
					 renders the child-care home unsafe, such as a fire, flood, or damage to the
					 child-care home as a result of severe weather.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 2 - REQUIRED NOTIFICATIONS › Section 747.307 - What are the notification requirements when Licensing finds my child-care home deficient in a standard related to safe sleeping or the abuse, neglect, or exploitation of a child?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must notify the
					 parent of each child attending your child-care home of a deficiency in:
(1) A safe sleeping standard noted in
					 subsection (b) of this section; or
(2) The abuse, neglect, or exploitation
					 standard in §
												747.1501(a)(3) of
					 this chapter (relating to What general responsibilities do caregivers have in
					 my child-care home?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 2 - REQUIRED NOTIFICATIONS › Section 747.309 - How must I notify parents of a safe sleeping deficiency or an abuse, neglect, or exploitation deficiency?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Within five days after you receive notification of a deficiency described in
					 §747.307 of this division (relating to What are the notification
					 requirements when Licensing finds my child-care home deficient in a standard
					 related to safe sleeping or the abuse, neglect, or exploitation of a child?),
					 you must notify the parents of each child attending your child-care home at the
					 time of the notification, including a child who may not have been in care on
					 the day of the actual incident.
(b) If the deficiency is for a safe sleeping
					 standard, you must notify the parents using Form 2970, Notification of Safe
					 Sleeping Deficiency, located on the Licensing provider website.
(c) If the deficiency is for the standard
					 related to the abuse, neglect, or exploitation of a child in care, you must
					 notify the parents using Form 7266, Notification of Abuse/Neglect/Exploitation
					 Deficiency, located on the Licensing provider website.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 3 - REQUIRED POSTINGS › Section 747.401 - What records must I post at my child-care home during hours of operation?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must post the following in a
					 prominent and publicly accessible place where parents and others may easily
					 view them during all hours of operation:
(1)
					 The child-care home's license or registration certificate;
(2) The letter or form from the most recent
					 Licensing inspection or investigation;
(3) The Licensing notice
Keeping
					 Children Safe;
(4)
					 Telephone numbers specified in this division;
(5) A list of your employees, which must be
					 printed on paper at least 8 1/2 inches by 11 inches in size and must include
					 each employee's first and last name; and
(6) Any other Licensing notices requiring
					 posting.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 3 - REQUIRED POSTINGS › Section 747.403 - What telephone numbers must I post and where must I post them?

Current through Reg. 49, No. 28; July 12, 2024
You must post in a prominent place the following
						telephone numbers:
(1) 911 or, if 911
					 is not available in your area, you must post the telephone numbers for:
(A) Emergency medical services;
(B) Law enforcement; and
(C) Fire department;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 4 - OPERATIONAL POLICIES › Section 747.501 - What written operational policies must I have?

Current through Reg. 49, No. 28; July 12, 2024
You must develop written operational policies and
						procedures that at a minimum address each of the following:
(1) Procedure for the release of
					 children;
(2) Illness and exclusion
					 criteria;
(3) Procedures for
					 dispensing medication, or a statement that medication is not
					 dispensed;
(4) Procedures for
					 handling medical emergencies;
(5)
					 Discipline and guidance policy that is consistent with Subchapter L of this
					 title (relating to Discipline and Guidance). A copy of Subchapter L may be used
					 for your discipline and guidance policy;
(6) Safe sleep policy for infants from birth
					 through 12 months old that is consistent with the rules in Subchapter H of this
					 chapter (relating to Basic Requirements for Infants) that relate to sleep
					 requirements and restrictions, including sleep positioning, and crib
					 requirements and restrictions, including mattresses, bedding, blankets, toys,
					 and restrictive devices;
(7)
					 Animals, if applicable;
(8)
					 Promotion of indoor and outdoor physical activity that is consistent with
					 Subchapter F of this chapter (relating to Developmental Activities and Activity
					 Plan). Your policies must include:
(A) The
					 duration of physical activity at your home, both indoor and outdoor;
(B) The recommended clothing and footwear
					 that will allow a child to participate freely and safely in physical
					 activities; and
(C) A plan to
					 ensure physical activity occurs on days when extreme weather conditions
					 prohibit or limit outdoor time.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 4 - OPERATIONAL POLICIES › Section 747.503 - Must I provide parents with a copy of my operational polices?

Current through Reg. 49, No. 28; July 12, 2024
Yes. On or before the date of the child's admission, the
						parents must sign an enrollment agreement or other similar documents, which
						must include at least the operational policies listed in this division. You
						must keep the signed document in the child's record or at least one for each
						family, if siblings are enrolled at the same time.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 4 - OPERATIONAL POLICIES › Section 747.505 - What must I do when I change an operational policy or an item in the enrollment agreement?

Current through Reg. 49, No. 28; July 12, 2024
When you change an operational policy or your enrollment
						agreement, you must notify:
(1) Your
					 caregivers of any changes:
(2) The
					 parents in writing of any changes. Parents must sign and date the updated
					 information. You must keep the updated information in the child's record or at
					 least one for each family; and
(3)
					 Your household members of any changes to the discipline and guidance policy,
					 which must be documented.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 747.601 - Who has the right to access children's records?

Current through Reg. 49, No. 28; July 12, 2024
(a) All children's records must be
					 immediately accessible to caregivers during hours of operation for use in an
					 emergency.
(b) Parents have the
					 right to access their own child's record during a scheduled parent conference
					 with the primary caregiver.
(c) All
					 children's records are subject to review and/or reproduction by Licensing upon
					 request during hours of operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 747.603 - What records must I have for the children in my care and how long must I keep them?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must maintain
					 the following records for each child enrolled in your child-care home:
(1) Child-care enrollment agreement specified
					 in § 747.503 of Title 40 (relating to Must I provide parents with a copy
					 of my operational policies?);
(2)
					 Admission information specified in § 747.605 of Title 40 (relating to What
					 admission information must I obtain for each child?);
(3) Statement of the child's health from a
					 health-care professional;
(4)
					 Immunization records;
(5)
					 Tuberculosis screening and testing information, if required by your regional
					 Texas Department of State Health Services or local health authority;
(6) Vision and hearing screening results, if
					 applicable;
(7) Licensing
Incident/Illness Report
form, if applicable;
(8) Medication administration records, if
					 applicable; and
(9) A copy of any
					 health-care professional recommendations or orders for providing specialized
					 medical assistance to the child. In some instances, minimum standards allow for
					 a deviation from a minimum standard with written documentation from a
					 health-care professional. You must also maintain this written documentation in
					 the child's record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 747.605 - What admission information must I obtain for each child?

Current through Reg. 49, No. 28; July 12, 2024
You must obtain at least the following information before
						admitting a child to the child-care home:
(1) The child's name and birth
					 date;
(2) The child's home address
					 and telephone number;
(3) Date of
					 the child's admission to the child-care home;
(4) Name and address of parent(s);
(5) Telephone numbers at which parent(s) can
					 be reached while the child is in care;
(6) Name, address, and telephone number of
					 another responsible individual (friend or relative) who should be contacted in
					 an emergency when the parent cannot be reached;
(7) Names and telephone numbers of persons
					 other than a parent to whom the child may be released;
(8) Permission for transportation, if
					 provided, including any authorized pick-up and drop-off locations;
(9) Permission for field trips, if
					 provided;
(10) Permission for
					 participation in water activities, if provided, including whether the child is
					 able to swim without assistance;
(11) Name, address, and telephone number of
					 the child's physician or an emergency-care facility;
(12) Authorization to obtain emergency
					 medical care and to transport the child for emergency medical
					 treatment;
(13) A statement of the
					 child's special care needs, which must include:
(A) Any limitations or restrictions on the
					 child's activities;
(B) Special
					 care the child requires, including:
(i) Any
					 reasonable accommodations or modifications;
(ii) Any adaptive equipment provided for the
					 child, including instructions for how to use the equipment; and
(iii) Symptoms or indications of potential
					 complications related to a physical, cognitive, or mental condition that may
					 warrant prevention or intervention while the child is in care; and
(C) Any medications prescribed for
					 continuous, long-term use;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 747.607 - Must the child's parent sign the admission information?

Current through Reg. 49, No. 28; July 12, 2024
Yes. The parent must sign the admission information
						before you admit the child to your care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 747.609 - Must I update the admission information?

Current through Reg. 49, No. 28; July 12, 2024
(a) Yes. You must develop a procedure for
					 regularly updating the admission information, including information on special
					 care needs.
(b) The parent must
					 sign and date the updated information. You may use a new form or have the
					 parent initial and date amendments to a previously signed form. You must keep
					 the updated information in the child's record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 747.611 - Must I have a health statement for children in my care?

Current through Reg. 49, No. 28; July 12, 2024
(a) A health statement is:
(1) A written statement, from a licensed
					 health-care professional who has examined the child within the past year,
					 indicating the child is able to take part in the child-care home's
					 program;
(2) A signed affidavit
					 from the parent stating that medical diagnosis and treatment conflict with the
					 tenets and practices of a recognized religious organization of which the parent
					 is an adherent or a member; or
(3)
					 A signed statement from the parent giving the name and address of a health-care
					 professional who has examined the child within the past year stating that the
					 child is able to participate in the program. This must be followed by a signed
					 statement from a health-care professional as specified in paragraph (1) of this
					 subsection within 12 months of the date of admission.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 747.613 - What immunizations must a child in my care have?

Current through Reg. 49, No. 28; July 12, 2024
(a) Each child enrolled or admitted to a
					 child-care home must meet and continue to meet applicable immunization
					 requirements specified by the Texas Department of State Health Services (DSHS).
					 This requirement applies to all children in the child-care home from birth
					 through 14 years.
(b) You must
					 maintain current immunization records for each child in your care, including
					 any immunization exemptions or exceptions.
(c) All immunizations required for the
					 child's age must be completed by the date of admission, unless:
(1) The child is exempt or excepted from an
					 immunization, and you verify the exemption or exception by the date of
					 admission; or
(2) The child is
					 homeless or a child in foster care and is provisionally admitted for up to 30
					 days if evidence of immunization is not available. You should immediately refer
					 the child to an appropriate health-care professional to obtain the required
					 immunizations. The DSHS rule at 25 TAC §
												97.66(relating
					 to Provisional Enrollment for Students) establishes the guidelines for a
					 provisional enrollment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 747.615 - What exemptions or exceptions are there concerning immunization requirements?

Current through Reg. 49, No. 28; July 12, 2024
(a) A child
					 may be exempt from immunization requirements for a medical reason or reason of
					 conscience, including a religious belief. To claim an exemption, the person
					 applying for the child's admission must meet criteria specified by the
					 Department of State Health Services (DSHS) rule at 25 TAC §
											97.62(relating
					 to Exclusions from Compliance).
(b)
					 For some diseases, a child who previously had a disease and is accordingly
					 naturally immune from it may qualify for an exception to the immunization
					 requirements for the disease. To claim this exception, the person applying for
					 the child's admission must meet the criteria specified by the DSHS rule at 25
					 TAC §
											97.65(relating
					 to Exceptions to Immunization Requirements).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 747.623 - What documentation is acceptable for an immunization record?

Current through Reg. 49, No. 28; July 12, 2024
Acceptable documentation includes:
(1) A signed statement from the child's
					 parent that the child's immunization record is current and on file at the
					 pre-kindergarten or school that the child attends. The statement must be dated
					 and include the name, address, and telephone number of the pre-kindergarten or
					 school listed in the statement.
(2)
					 An official immunization record generated from a state or local health
					 authority, including a record from another state. Examples include a record
					 from the Texas Immunization Registry, a copy of the current immunization record
					 that is on file at the pre-kindergarten or school that the child attends, or
					 the health passport for a child in the conservatorship of DFPS. The record must
					 include:
(A) The child's name and date of
					 birth;
(B) The type of vaccine and
					 number of doses; and
(C) The month,
					 day, and year the child received each vaccination; or
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 747.627 - Must I maintain immunization and health records on children in my care that are related to me?

Current through Reg. 49, No. 28; July 12, 2024
Yes. Any child in care during hours of operation, whether
						the child is related to you or not, must have these records at your child-care
						home.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 747.629 - Must children in my care have a tuberculosis (TB) examination?

Current through Reg. 49, No. 28; July 12, 2024
Requirements for tuberculosis screening and testing vary
						across the state. If your regional Texas Department of State Health Services
						(DSHS) or local health authority requires tuberculosis testing for children in
						your area, then you must have documentation to indicate that each child in your
						care is free of active tuberculosis. Documentation of a TB screening is not
						required to be on file. If you are unsure of the requirements for your area,
						contact the TB program manager at the DSHS regional office nearest
						you.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 747.631 - Must children in my registered child-care home have vision and hearing screening?

Current through Reg. 49, No. 28; July 12, 2024
No. The Special Senses and Communication Disorders Act,
						Texas Health and Safety Code, Chapter 36, does not require a screening or a
						professional examination for possible vision and hearing problems for a child
						enrolled in a child-care home that we register.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 747.633 - Must children in my licensed child-care home have vision and hearing screening?

Current through Reg. 49, No. 28; July 12, 2024
(a) The Special
					 Senses and Communication Disorders Act, Texas Health and Safety Code, Chapter
					 36, requires a screening or a professional examination for possible vision and
					 hearing problems for children of certain ages and grades. Refer to 25 TAC,
					 Chapter 37, Subchapter C, (relating to Vision and Hearing Screening), for
					 specifics on vision and hearing screening. This information may be accessed on
					 the Internet at: www.dshs.state.tx.us/vhs/.
(b) You must keep one of the following at the
					 child-care home for each child required to be screened:
(1) The individual visual acuity and sweep
					 check results; or
(2) A signed
					 statement from the child's parent that the child's screening records are
					 current and on file at the pre-kindergarten program or school the child attends
					 away from the child-care home. The statement must be dated and include the
					 name, address, and telephone number of the pre-kindergarten program or school;
					 or
(3) An affidavit stating that
					 the vision or hearing screening conflicts with the tenets or practices of a
					 church or religious denomination of which the affiant is an adherent or
					 member.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 747.635 - Must I keep attendance records or a sign-in and sign-out log for children in my care?

Current through Reg. 49, No. 28; July 12, 2024
(a) Yes. You must
					 maintain a record of attendance for each child in your care. You may use a
					 sign-in and sign-out log or other attendance chart.
(b) You must keep attendance records for the
					 previous three months and make them available to Licensing for review upon
					 request.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 2 - RECORDS OF ACCIDENTS AND INCIDENTS › Section 747.701 - What written records must I keep of accidents and injuries that occur at my child-care home?

Current through Reg. 49, No. 28; July 12, 2024
You must record the following information on the
						Licensing Incident/Illness Report Form 7239 or another form that contains at
						least the same information:
(1) An
					 injury to a child in care that required medical treatment by a health-care
					 professional or hospitalization;
(2) An illness that required the
					 hospitalization of a child in care;
(3) An incident where a child in care had an
					 emergency anaphylaxis reaction that required administration of an unassigned
					 epinephrine auto-injector;
(4) An
					 incident of a child in care or caregiver contracting a communicable disease
					 deemed notifiable by the Texas Department of State Health Services as specified
					 in 25 TAC Chapter 97, Subchapter A (relating to Control of Communicable
					 Diseases); and
(5) Any other
					 non-routine situation that placed, or may have placed, a child at risk for
					 injury or harm, such as forgetting a child in a vehicle or not preventing a
					 child from wandering away from the child-care home.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 2 - RECORDS OF ACCIDENTS AND INCIDENTS › Section 747.705 - Must someone from my child-care home sign the Incident/Illness Report form?

Current through Reg. 49, No. 28; July 12, 2024
Yes. You or your substitute caregiver must complete,
						sign, and date the form.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 2 - RECORDS OF ACCIDENTS AND INCIDENTS › Section 747.707 - Must I share a copy of the Incident/Illness Report form with the child's parent?

Current through Reg. 49, No. 28; July 12, 2024
Yes. You must share a copy of the report with the child's
						parent and obtain the parent's signature on the report indicating the parent
						has reviewed it or received a copy of the report within 48 hours of when the
						incident occurred.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 2 - RECORDS OF ACCIDENTS AND INCIDENTS › Section 747.709 - Where must I file the Incident/Illness Report form and how long must I keep it?

Current through Reg. 49, No. 28; July 12, 2024
You must keep the form with the child's record at the
						child-care home while the child is in care and for at least three months after
						the child's last day in care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 3 - RECORDS THAT MUST BE KEPT ON FILE AT THE CHILD-CARE HOME › Section 747.803 - How long must I keep records at my child-care home?

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise stated in this chapter:
(1) You must keep at the child-care home each
					 record that your home is required to post or keep; and
(2) These records must be kept for at least
					 three months from the date the record was created.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 4 - RECORDS ON CAREGIVERS AND HOUSEHOLD MEMBERS › Section 747.901 - What information must I maintain in my personnel records?

Current through Reg. 49, No. 28; July 12, 2024
You must keep at least the following at the child-care
						home for each assistant caregiver and substitute caregiver, as specified in
						this chapter:
(1) Documentation
					 showing the dates of the first and last day on the job;
(2) Documentation showing how the caregiver
					 meets the minimum age and education qualifications, if applicable;
(3) A copy of a health card or health care
					 professional's statement verifying the caregiver is free of active
					 tuberculosis, if required by the regional Texas Department of State Health
					 Services TB program or local health authority;
(4) A notarized Licensing Affidavit for
					 Applicants for Employment form as specified in Human Resources Code, §
											42.059;
(5) A record of training hours, including
					 documentation required by §
											747.1327 of this chapter (relating
					 to What documentation must I provide to Licensing to verify that caregivers
					 have met training requirements?);
(6) Proof of request for all background
					 checks required under 40 TAC Chapter 745, Subchapter F (relating to Background
					 Checks);
(7) A copy of a photo
					 identification;
(8) A copy of a
					 current driver's license for each person or caregiver that transports a child
					 in care; and
(9) A statement signed
					 and dated by the caregiver in a licensed child-care home verifying the date the
					 caregiver attended training during orientation that includes an overview
					 regarding the prevention, recognition, and reporting of child maltreatment, as
					 specified in §
											747.1301 of this chapter (relating
					 to What must orientation for caregivers at my child-care home
					 include?)
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 4 - RECORDS ON CAREGIVERS AND HOUSEHOLD MEMBERS › Section 747.901 - What information must I maintain in my personnel records?

Current through Reg. 49, No. 28; July 12, 2024
You must keep at least the following at the child-care
						home for each assistant caregiver and substitute caregiver, as specified in
						this chapter:
(1) Documentation showing
					 the dates of the first and last day on the job;
(2) Documentation showing how the caregiver
					 meets the minimum age and education qualifications, if applicable;
(3) A copy of a health card or health care
					 professional's statement verifying the caregiver is free of active
					 tuberculosis, if required by the regional Texas Department of State Health
					 Services tuberculosis program or local health authority;
(4) A notarized Licensing
Affidavit
					 for Applicants for Employment
with a Licensed Operation or
					 Registered Child-Care Home
(Form 2985) as specified in Texas Human
					 Resources Code §
											42.059;
(5) A
Pre-Employment Affidavit for
					 Applicants for Employment at Certain Child Care Operations
(Form 2912)
					 as specified in Texas Human Resources Code §
											42.0563;
(6) A record of training hours, including
					 documentation required by §
											747.1327 of this chapter (relating
					 to What documentation must I provide to Licensing to verify that caregivers
					 have met training requirements?);
(7) Proof of request for all background
					 checks required by Chapter 745, Subchapter F of this title (relating to
					 Background Checks);
(8) A copy of a
					 photo identification;
(9) A copy of
					 the person's current driver's license if the person or caregiver transports a
					 child in care; and
(10) A statement
					 signed and dated by the caregiver in a licensed child-care home verifying the
					 date the caregiver attended training during orientation that includes an
					 overview regarding the prevention, recognition, and reporting of child
					 maltreatment, as specified in §
											747.1301 of this chapter (relating
					 to What must orientation for caregivers at my child-care home
					 include?)
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 4 - RECORDS ON CAREGIVERS AND HOUSEHOLD MEMBERS › Section 747.903 - Must I keep records for my household members who are counted in the child/caregiver ratio?

Current through Reg. 49, No. 28; July 12, 2024
Yes. You must keep the same personnel records specified
						in § 747.901 of Title 40 (relating to What information must I maintain in
						my personnel records?) for all household members who are used as assistant or
						substitute caregivers as defined in Subchapter D, Division 3 of this chapter
						(relating to Assistant and Substitute Caregivers), whether they are paid or
						unpaid.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 4 - RECORDS ON CAREGIVERS AND HOUSEHOLD MEMBERS › Section 747.905 - What records must I keep for my household members who are not counted in the child/caregiver ratio?

Current through Reg. 49, No. 28; July 12, 2024
You must keep at least the following for each person that
						you are required to request a background check on, as specified in Chapter 745,
						Subchapter F of Title 40 (relating to Background Checks):
(1) A copy of a health card or physician's
					 statement verifying the household member is free of active tuberculosis, if
					 required by the regional Texas Department of State Health Services TB program
					 or local health authority;
(2)
					 Documentation verifying orientation to the child-care home was completed;
					 and
(3) Proof of request for a DFPS
					 Background Check.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 4 - RECORDS ON CAREGIVERS AND HOUSEHOLD MEMBERS › Section 747.909 - What records must I maintain on myself?

Current through Reg. 49, No. 28; July 12, 2024
You must have the following records available for review
						during hours of operation:
(1) A copy
					 of a health card or health-care professional's statement verifying you are free
					 of contagious tuberculosis, if required by the regional Texas Department of
					 State Health Services TB program or local health authority;
(2) A record of your training hours;
					 and
(3) A copy of a current
					 driver's license or other photo identification.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter C - RECORD KEEPING › Division 4 - RECORDS ON CAREGIVERS AND HOUSEHOLD MEMBERS › Section 747.911 - Must I maintain attendance records or time sheets on caregivers that assist me?

Current through Reg. 49, No. 28; July 12, 2024
We do not require you to maintain attendance records or
						time sheets for yourself or any other person you count in the child/caregiver
						ratio.