reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter A - PURPOSE, SCOPE, AND DEFINITIONS › Division 2 - SCOPE › Section 746.113 - Who is responsible for complying with these minimum standards?

Current through Reg. 49, No. 28; July 12, 2024
(a) For a licensed child-care center, the
					 permit holder must ensure compliance with all minimum standards in this chapter
					 at all times, with the exception of those minimum standards identified for
					 specific types of child-care programs or activities that the center does not
					 offer. For example, if we license the center to offer only toddler and
					 pre-kindergarten care programs, the center does not have to comply with minimum
					 standards that apply only to infant care, school-age care, get-well care, or
					 nighttime-care programs; however, the center must comply with all other minimum
					 standards.
(b) For an unlicensed
					 child-care center that is subject to Licensing's regulation, the center's
					 director, owner, or operator or any other controlling person who has the
					 ability to influence or direct the center's management, expenditures, or
					 policies must ensure compliance with all minimum standards in this chapter at
					 all times, with the exception of those minimum standards identified for
					 specific types of child-care programs or activities that the unlicensed center
					 does not offer.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter A - PURPOSE, SCOPE, AND DEFINITIONS › Division 3 - DEFINITIONS › Section 746.121 - 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--An applicant or permit holder, 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 1 - PERMIT HOLDER RESPONSIBILITIES › Section 746.201 - What are my responsibilities as the permit holder?

Current through Reg. 49, No. 28; July 12, 2024
You are responsible for:
(1) Developing and implementing your
					 child-care center's operational policies, which must comply with or exceed the
					 minimum standards specified in this subchapter;
(2) Developing written personnel policies,
					 including job descriptions, job responsibilities, and requirements;
(3) Making provisions for training that
					 comply with Division 4, Subchapter D of this chapter (relating to Professional
					 Development);
(4) Designating a
					 child-care center director who meets minimum standard qualifications and has
					 daily, on-site responsibility for the operation of the child-care
					 center;
(5) Reporting and ensuring
					 your employees and volunteers report suspected abuse, neglect, or exploitation
					 directly to the Texas Abuse and Neglect Hotline, as required by Texas Family
					 Code §
											261.101; an employee may
					 not delegate the responsibility to make a report, and you may not require an
					 employee to seek approval to file a report or notify you that a report was
					 made;
(6) 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);
(7) Ensuring parents can visit the child-care
					 center any time during the child-care center's hours of operation to observe
					 their child, program activities, the building, the grounds, and the equipment
					 without having to secure prior approval;
(8) Complying with the liability insurance
					 requirements in this division;
(9)
					 Complying with the child-care licensing law found in Chapter
					 42 of the Human
					 Resources Code, the applicable minimum standards, and other applicable rules in
					 the Texas Administrative Code;
(10)
					 Reporting to Licensing any Department of Justice substantiated complaints
					 related to Title III of the Americans with Disabilities Act, which applies to
					 commercial public accommodations; and
(11) Ensuring the total number of children in
					 care at the center or away from the center, such as during a field trip, never
					 exceeds the licensed capacity of the center.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 1 - PERMIT HOLDER RESPONSIBILITIES › Section 746.203 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 1 - PERMIT HOLDER RESPONSIBILITIES › Section 746.205 - 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 §746.203 of this division
					 (relating to What are the liability insurance requirements?) if you cannot
					 carry insurance because:
(1) Of financial
					 reasons;
(2) You are unable to
					 locate an underwriter who is willing to issue a policy to the operation; or
(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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 1 - PERMIT HOLDER RESPONSIBILITIES › Section 746.207 - 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 §746.203 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 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.
(c) 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 §
											746.801(6)
					 of this chapter (relating to What records must I keep at my child-care
					 center?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 2 - REQUIRED NOTIFICATION › Section 746.301 - What changes regarding my child-care center 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 center;
(2) Adding to or
					 reducing indoor or outdoor space;
(3) Reducing the number of toilets or
					 sinks;
(4) Adding a swimming pool
					 or other permanent body of water;
(5) Changing the age range of children to be
					 cared for;
(6) Changing the hours,
					 days, or months of operation;
(7)
					 Offering new services, relating to minimum standards found in this chapter,
					 such as a get-well care program, nighttime care, transportation, or field
					 trips;
(8) Planned closure of five
					 consecutive days or more, during designated hours of operation, when the
					 operation is not caring for children, with the exception of nationally
					 recognized holidays;
(9) Going out
					 of business; or
(10) There is a
					 change in ownership of a center as specified in § 745.437 of Title 40
					 (relating to What is a change in ownership of an operation?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 2 - REQUIRED NOTIFICATION › Section 746.303 - What changes must I notify Licensing of regarding the child-care center's designee, governing body, director , and employees?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must notify us in writing, no later
					 than five days after a change is made, regarding:
(1) The designee of your center that is not a
					 sole proprietorship. The designee for a sole proprietorship is the owner/sole
					 proprietor;
(2) The board chair for
					 a corporate facility or other executive officer of the governing
					 body;
(3) The address of the
					 center's designee or governing body; and
(4) The center director.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 2 - REQUIRED NOTIFICATION › Section 746.305 - 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 center 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 an employee or child in your 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
					 Diseases);
(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 center vehicle or on the
					 playground or not preventing a child from wandering away from the child-care
					 center 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 2 - REQUIRED NOTIFICATION › Section 746.307 - What emergency or 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 or
					 hospitalization;
(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, a caregiver forgetting the child
					 in a center vehicle or failing to prevent the child from wandering away from
					 the child-care center unsupervised; or
(5) Has been involved in any situation that
					 renders the child-care center unsafe, such as a fire, flood, or damage to the
					 child-care center as a result of severe weather.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 2 - REQUIRED NOTIFICATION › Section 746.309 - What are the notification requirements when Licensing finds my center 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 center 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 §
												746.1201(4) of
					 this chapter (relating to What general responsibilities do my child-care center
					 employees have?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 2 - REQUIRED NOTIFICATION › Section 746.311 - 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
					 §746.309 of this division (relating to What are the notification
					 requirements when Licensing finds my center deficient in a standard related to
					 safe sleeping or the abuse, neglect, or exploitation of a child in care?), you
					 must notify the parents of each child attending your child-care center at the
					 time of 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 3 - REQUIRED POSTINGS › Section 746.401 - What items must I post at my child-care center at all times?

Current through Reg. 49, No. 28; July 12, 2024
You must post the following items:
(1) The child-care center's
					 license;
(2) The letter or form
					 from the most recent Licensing inspection or investigation;
(3) The Licensing notice Keeping Children
					 Safe;
(4) Your emergency evacuation
					 and relocation diagram as specified in § 746.5207 of Title 40 (relating to
					 Must I have an emergency evacuation and relocation diagram?);
(5) The activity plan for each group of
					 children in the child-care center;
(6) The daily menu, including all snacks and
					 meals served by the child-care center;
(7) The Licensing Parent Notification
					 Poster;
(8) Telephone numbers
					 specified in § 746.405 of Title 40 (relating to What telephone numbers
					 must I post and where must I post them?);
(9) A list entitled "Current Employees." The
					 list must be at least 8 1/2 inches by 11 inches in size, printed legibly, and
					 must include each employee's first and last name;
(10) A list of each child's food allergies
					 that require an emergency plan, as specified in § 746.3819 of Title 40
					 (relating to When must I have a food allergy emergency plan for a child?);
					 and
(11) Any other Licensing
					 notices with specific instructions to post the notice.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 3 - REQUIRED POSTINGS › Section 746.403 - When and where must these items be posted?

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise specified, the items
					 specified in § 746.401 of Title 40 (relating to What items must I post at
					 my child-care center at all times?) must be posted at all times, in a prominent
					 and publicly accessible place where employees, parents, and others may easily
					 view them.
(b) For a list of each
					 child's food allergies that require an emergency plan:
(1) You must post the list during all hours
					 of operation where you prepare food and in each room where the child may spend
					 time;
(2) The posting must be in a
					 place where employees may easily view the list, and if a parent requests it,
					 you must maintain privacy for the child (for example, a clipboard hung on the
					 wall with a cover sheet over the list); and
(3) You must ensure that all caregivers and
					 employees who prepare and serve food are aware of each child's food
					 allergies.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 3 - REQUIRED POSTINGS › Section 746.405 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 4 - OPERATIONAL POLICIES › Section 746.503 - Must I provide parents with a copy of my operational policies?

Current through Reg. 49, No. 28; July 12, 2024
Yes. On or before the date of admission, the parents must
						sign a child-care enrollment agreement or other similar documents, which must
						include at least the operational policies listed in this division. You must
						keep this 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 4 - OPERATIONAL POLICIES › Section 746.505 - What must I do when I change an operational policy or an item in the child-care enrollment agreement?

Current through Reg. 49, No. 28; July 12, 2024
When you change an operational policy or your child-care
						enrollment agreement, you must notify:
(1) Your employees of any changes;
					 and
(2) The parents in writing of
					 any changes. At least one copy of the updated operational policies or
					 child-care enrollment agreement must be signed and dated for each family and
					 kept in the child's record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 746.601 - 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 parent conference with the
					 caregiver or child-care center director.
(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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 746.603 - What records must I have for 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 center:
(1) Child-care enrollment agreement specified
					 in § 746.503 of Title 40 (relating to Must I provide parents with a copy
					 of my operational policies?);
(2)
					 Admission information specified in § 746.605 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) A daily tracking system for when a
					 child's care begins and ends as specified in § 746.631 of Title 40
					 (relating to Must I have a system for signing children in and out of my
					 care?);
(9) Medication
					 administration records, if applicable; and
(10) 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 746.605 - 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 care:
(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-carecenter;
(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;
(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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 746.607 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 746.609 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 746.611 - 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 health-care
					 professional who has examined the child within the past year, indicating the
					 child is able to take part in the child-care 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 746.613 - 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
					 child-care centers 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 care from birth through 14 years of
					 age.
(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 the exemption or exception is verified 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 746.615 - What exemptions or exceptions are there concerning immunization requirements?

Current through Reg. 49, No. 28; July 12, 2024
(a) Each child
					 enrolled or admitted to child-care centers 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 care from
					 birth through 14 years of age.
(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:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 746.623 - What documentation is acceptable for an immunization record?

Current through Reg. 49, No. 28; July 12, 2024
Acceptable documentation includes:
(1) 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 746.625 - If a child's immunization record is already on file at a pre-kindergarten program or school away from the child-care center, must I also have a copy of the child's immunization record in my files?

Current through Reg. 49, No. 28; July 12, 2024
For each child attending a pre-kindergarten program or
						school away from the child-care center, you must have either:
(1) A copy of the current immunization record
					 that is on file at the pre-kindergarten program or school the child attends;
					 or
(2) A signed statement from the
					 child's parent that the child's immunization record is current and on file at
					 the pre-kindergarten program or school that the child attends. The statement
					 must be dated and include the name, address, and telephone number of the
					 pre-kindergarten program or school listed in the statement.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 746.627 - 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 child-care center, 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 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 746.629 - Must children in my care 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 center for each child required
					 to be screened:
(1) The individual visual
					 acuity and sweep check results;
(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 center. 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 746.631 - Must I have a system for signing children in and out of my care?

Current through Reg. 49, No. 28; July 12, 2024
(a) Yes. You must have a tracking system for
					 each child coming and going from your child-care center throughout the day.
					 This tracking system must include the name of each child; the date, time of
					 arrival, and time of departure; and the employee or parent's initials or other
					 unique identifier code.
(b) All
					 caregivers must have access to the tracking system to determine which children
					 are in care during their work shift, changes in caregivers, and emergency
					 evacuations.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 2 - RECORDS OF ACCIDENTS AND INCIDENTS › Section 746.701 - What written records must I keep of accidents and incidents that occur at my child-care center?

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 employee 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 center vehicle or not
					 preventing a child from wandering away from the child-care center
					 unsupervised.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 2 - RECORDS OF ACCIDENTS AND INCIDENTS › Section 746.705 - Must someone from my child-care center sign the Incident/Illness Report form?

Current through Reg. 49, No. 28; July 12, 2024
Yes. After the caregiver completes the form, the director
						of the child-care center, or if the director is not available, the person in
						charge of the center must sign and date the completed report.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 2 - RECORDS OF ACCIDENTS AND INCIDENTS › Section 746.707 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 2 - RECORDS OF ACCIDENTS AND INCIDENTS › Section 746.709 - 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
Incident/Illness
						Report
form with the child's record at the child-care center 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 3 - RECORDS THAT MUST BE KEPT ON FILE AT THE CHILD-CARE CENTER › Section 746.803 - How long must I keep records at my child-care center?

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise stated in this chapter,
					 you must keep at the child-care center for at least three months from the date
					 the record was created each record that your center is required to post or
					 keep.
(b) You must keep training
					 records for the current director and caregivers for at least the current and
					 last full training year.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 3 - RECORDS THAT MUST BE KEPT ON FILE AT THE CHILD-CARE CENTER › Section 746.805 - May I keep electronic records or a combination of paper and electronic records?

Current through Reg. 49, No. 28; July 12, 2024
Yes, you may keep electronic records or a combination of
						paper and electronic records.
(1) If
					 you keep a combination of electronic and paper records, you must develop
					 procedures that address what must be in the external paper file and what can be
					 in the electronic file;
(2)
					 Children's records must be accessible to all caregivers during their work
					 shift, changes in caregivers, and emergency evacuations; and
(3) Records must be available during
					 operating hours for review by Licensing upon request.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 4 - PERSONNEL RECORDS › Section 746.901 - What information must I maintain in my personnel records?

Current through Reg. 49, No. 28; July 12, 2024
You must have the following records at the child-care
						center and available for review during hours of operation for each employee,
						caregiver, substitute, and volunteer as specified in this chapter:
(1) Documentation showing the dates of the
					 first and last day on the job;
(2)
					 Documentation showing how the employee meets the minimum age and education
					 qualifications, if applicable;
(3)
					 A copy of a health card or health care professional's statement verifying the
					 employee 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 §
											746.1329 of this chapter (relating
					 to What documentation must I provide to Licensing to verify that employees have
					 met training requirements?);
(6) A
					 statement signed and dated by the employee showing he has received a copy of
					 the child-care center's:
(A) Operational
					 policies; and
(B) Personnel
					 policies;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 4 - PERSONNEL RECORDS › Section 746.901 - What information must I maintain in my personnel records?

Current through Reg. 49, No. 28; July 12, 2024
You must have the following records at the child-care
						center and available for review during hours of operation for each employee,
						caregiver, substitute, and volunteer as specified in this chapter:
(1) Documentation showing the dates of the
					 first and last day on the job;
(2)
					 Documentation showing how the employee meets the minimum age and education
					 qualifications, if applicable;
(3)
					 A copy of a health card or health care professional's statement verifying the
					 employee 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
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 §
											746.1329 of this chapter (relating
					 to What documentation must I provide to Licensing to verify that employees have
					 met training requirements?);
(7) A
					 statement signed and dated by the employee showing he has received a copy of
					 the child-care center's:
(A) Operational
					 policies; and
(B) Personnel
					 policies;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 4 - PERSONNEL RECORDS › Section 746.907 - How long and where must I keep the required personnel records?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must keep all records for at least
					 three months after an employee's last day on the job, with the exception of
					 annual training records.
(b) You
					 must maintain annual training records for current personnel for the last full
					 training year and current training year.
(c) You must keep personnel records at the child-care center or in
					 a central administrative location provided they are immediately available for
					 review during hours of operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter C - RECORD KEEPING › Division 4 - PERSONNEL RECORDS › Section 746.909 - May Licensing access my personnel records?

Current through Reg. 49, No. 28; July 12, 2024
Yes. Licensing staff must be given immediate access to
						all personnel records that document compliance with minimum standards. You must
						allow Licensing to photograph, copy, or scan these records if
						requested.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter D - PERSONNEL › Division 1 - CHILD-CARE CENTER DIRECTOR › Section 746.1001 - Who is the child-care center director?

Current through Reg. 49, No. 28; July 12, 2024
The child-care center director is the adult you designate
						to have the daily, on-site responsibility for the operation of the child-care
						center, including maintaining compliance with the minimum standards and
						Licensing laws.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter D - PERSONNEL › Division 1 - CHILD-CARE CENTER DIRECTOR › Section 746.1003 - What are the director's responsibilities while at the child-care center?

Current through Reg. 49, No. 28; July 12, 2024
Your child-care center director must ensure:
(1) The child-care center's daily operation
					 is administered in compliance with the minimum standards specified in this
					 chapter;
(2) All employees comply
					 with the minimum standards;
(3) All
					 employees have assignments that match their skills, abilities, and
					 training;
(4) All employees are
					 supervised. Supervision includes, but is not limited to, knowing what the
					 employees are doing and ensuring that they fulfill their assignments and
					 responsibilities;
(5) Caregivers
					 are not regularly scheduled for more than ten hours of direct child care during
					 a 24-hour period; and
(6) Qualified
					 substitutes are called as necessary to meet minimum standards.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter D - PERSONNEL › Division 1 - CHILD-CARE CENTER DIRECTOR › Section 746.1005 - If I have multiple operations, must I designate a separate director for each operation?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you have multiple
					 operations under the same governing body, you must designate a separate
					 director for each operation.
(b) If
					 you have designated a single director for more than one operation, you must
					 comply with the requirement specified in subsection (a) of this section no
					 later than March 1, 2025.