reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter H - HEALTH AND SAFETY PRACTICES › Section 742.813 - What are the Fire Safety Requirements?

Current through Reg. 49, No. 28; July 12, 2024
(a) Your home must have a fire extinguisher
				  that is serviced according to the manufacturer's instructions, or as required
				  by the state or local fire marshal.
(b) Your home must have a smoke detector and
				  you must replace the batteries annually.
(c) If your home uses gas or propane or your
				  garage is directly connected to your home, then your home must have a carbon
				  monoxide detector and you must replace the batteries annually.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 743 - MINIMUM STANDARDS FOR SHELTER CARE › Subchapter A - DEFINITIONS AND SERVICES › Section 743.1 - What do certain pronouns mean as 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 Licensing
				  Division of the Department of Family and Protective Services (DFPS).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 743 - MINIMUM STANDARDS FOR SHELTER CARE › Subchapter A - DEFINITIONS AND SERVICES › Section 743.3 - What do certain words and terms mean in this chapter?

Current through Reg. 49, No. 28; July 12, 2024
The following words have the following meanings in this
					 chapter:
(1) Caregiver--A person
				  counted in the child/caregiver ratio whose duties include direct care,
				  supervision, guidance, and protection of a child in your care. Caregivers may
				  be employees, contractors, or volunteers.
(2) Child--A child 13 years old or younger
				  who is in your care.
(3) Infant--A
				  child in your care from birth through 17 months.
(4) Primary Caregiver--A caregiver that is
				  also responsible for being available to other caregivers during any child-care
				  hours of operation and for ensuring that all children in care are adequately
				  supervised per §
										743.360
				  of Title 40 (relating to How many caregivers are required?).
(5) Resident--An adult resident of your
				  operation.
(6) Supplemental
				  caregiver--A person who is not counted in the child/caregiver ratio but
				  provides direct care, supervision, guidance, or protection of a child in your
				  care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 743 - MINIMUM STANDARDS FOR SHELTER CARE › Subchapter A - DEFINITIONS AND SERVICES › Section 743.5 - What child care is regulated under this chapter?

Current through Reg. 49, No. 28; July 12, 2024
(a) Child care is regulated under this
				  chapter if it is provided:
(1) At a temporary
				  shelter, such as a family violence or homeless shelter;
(2) Only for children temporarily residing
				  with a parent at the shelter;
(3)
				  While the child's resident parent is away from the shelter;
(4) On a recurring and scheduled basis;
				  and
(5) For at least four hours per
				  day and three or more days per week.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 743 - MINIMUM STANDARDS FOR SHELTER CARE › Subchapter A - DEFINITIONS AND SERVICES › Section 743.7 - What are my operational responsibilities?

Current through Reg. 49, No. 28; July 12, 2024
You must:
(1)
				  Provide the location of your operation, so that we may conduct inspections and
				  investigations, by giving us:
(A) Your
				  location address; or
(B) A method
				  to immediately contact your operation that allows our staff to obtain your
				  location address within 30 minutes;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 743 - MINIMUM STANDARDS FOR SHELTER CARE › Subchapter A - DEFINITIONS AND SERVICES › Section 743.9 - If residents provide care for other residents' children, is this subject to regulation?

Current through Reg. 49, No. 28; July 12, 2024
Residents providing care for the children of other
					 residents are not regulated by Licensing.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 743 - MINIMUM STANDARDS FOR SHELTER CARE › Subchapter B - PERSONNEL AND TRAINING › Section 743.101 - What are the minimum qualifications?

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Primary caregivers must:
(1) Be at least 18
				  years of age;
(2) Have a high
				  school diploma or its equivalent; and
(3) Meet the background check requirements in
				  this subchapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 743 - MINIMUM STANDARDS FOR SHELTER CARE › Subchapter B - PERSONNEL AND TRAINING › Section 743.103 - What training is required?

Current through Reg. 49, No. 28; July 12, 2024
(a) Within 30
				  days after beginning duties, primary caregivers, caregivers, and supplemental
				  caregivers must complete the following training:
(1) A presentation on your applicable
				  operational policies, including discipline;
(2) An overview of signs of child abuse,
				  neglect, and sexual abuse and the responsibility for reporting these;
(3) Emergency procedures, including fire,
				  severe weather, volatile person on the premises, and severe injury or illness
				  of a child;
(4) Prevention and
				  spread of communicable disease; and
(5) The use and location of fire
				  extinguishers and first-aid equipment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 743 - MINIMUM STANDARDS FOR SHELTER CARE › Subchapter B - PERSONNEL AND TRAINING › Section 743.105 - What are the background check requirements?

Current through Reg. 49, No. 28; July 12, 2024
(a) Shelter care operations must comply with
				  the background check requirements found in Subchapter F of Chapter 745 of Title
				  40 (relating to Background Checks).
(b) You do not have to submit a request for a
				  background check on a person 14 years of age or older who resides at the
				  shelter, as required by § 745.605(a)(6)(A) of Title 40 (relating to For
				  whom must I submit requests for background checks?), unless the person is
				  otherwise required to have a background check under § 745.605(a). For
				  example, you must request a background check for a person who resides at the
				  shelter if the person is a caregiver at the operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 743 - MINIMUM STANDARDS FOR SHELTER CARE › Subchapter B - PERSONNEL AND TRAINING › Section 743.107 - What personnel records are required?

Current through Reg. 49, No. 28; July 12, 2024
For primary caregivers, caregivers, and supplemental
					 caregivers, you must have a record at the operation that includes at
					 least:
(1) Proof that the person meets
				  the age and education requirements in §
										743.101
				  of Title 40 (relating to What are the minimum qualifications?);
(2) Proof of required background check(s);
				  and
(3) Documentation that training
				  requirements have been met.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 743 - MINIMUM STANDARDS FOR SHELTER CARE › Subchapter B - PERSONNEL AND TRAINING › Section 743.109 - How many caregivers are required?

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  At least one primary caregiver must be on duty and available to other
				  caregivers during all child-care hours of operation.
(b) Each primary caregiver or caregiver may
				  not be responsible for more than 12 children five years old or younger.
				  Children under one year old count as two children.
(c) Each primary caregiver or caregiver may
				  not be responsible for more than 28 children six years old and older.
(d) When age groups are mixed, there must be
				  at least one primary caregiver or caregiver per 20 children, with no more than
				  12 children in the group five years old or younger.
(e) The primary caregiver is responsible for
				  ensuring that all children in care are adequately supervised.
(f) If a child is attending a therapeutic
				  activity, which the child would attend whether or not he was in your child-care
				  program, the child is not considered to be in the child-care program for the
				  duration of the therapeutic activity.
(g) If a child is attending an activity
				  sponsored by a volunteer organization, which the child would attend whether or
				  not he was in your child-care program, the child is not considered to be in the
				  child-care program for the duration of the activity sponsored by the volunteer
				  organization.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 743 - MINIMUM STANDARDS FOR SHELTER CARE › Subchapter C - SERIOUS INCIDENT REPORTING › Section 743.201 - When must I report a serious incident to Licensing?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must report the following types of
				  serious incidents if they occur when the child is in your child-care program.
				  The reports must be made to the following entities, and the reporting must be
				  within the specified time frames:
Attached
					 Graphic
(b) You
				  must report the following types of serious incidents involving your operation
				  or an employee to the following entities within the specified time frame:
Attached
					 Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 743 - MINIMUM STANDARDS FOR SHELTER CARE › Subchapter C - SERIOUS INCIDENT REPORTING › Section 743.203 - What are my responsibilities regarding the report of abuse, neglect, or exploitation?

Current through Reg. 49, No. 28; July 12, 2024
In addition to reporting serious incidents, you must inform
					 your employees of the duty to report suspected abuse, neglect, or exploitation
					 as required by the Texas Family Code, §
										261.101.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 743 - MINIMUM STANDARDS FOR SHELTER CARE › Subchapter D - SAFETY PRACTICES › Section 743.301 - What are the requirements if my operation chooses to maintain and administer unassigned epinephrine auto-injectors?

Current through Reg. 49, No. 28; July 12, 2024
If your operation maintains and administers unassigned
					 epinephrine auto-injectors to use when a child in care has an emergency
					 anaphylaxis reaction, you must:
(1)
				  Adopt and implement a written policy that complies with the unassigned
				  epinephrine auto-injector requirements set by the Texas Department of State
				  Health Services, as specified in 25 TAC Chapter 40, Subchapter C (relating to
				  Epinephrine Auto-Injector Policies in Youth Facilities) and Texas Health and
				  Safety Code §
										773.0145;
				  and
(2) Notify the child's parent,
				  immediately after ensuring the safety of the child, if the child has had an
				  emergency anaphylaxis reaction that required administration of an unassigned
				  epinephrine auto-injector.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter A - PURPOSE, SCOPE, AND DEFINITIONS › Division 1 - PURPOSE › Section 744.101 - What is the purpose of this chapter?

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to set forth the minimum
						standards that apply to operations exclusively providing before and
						after-school care services as defined by the Human Resources Code (HRC) §
						42.002(20) and school-age program services as defined by the HRC §
						42.002(21).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter A - PURPOSE, SCOPE, AND DEFINITIONS › Division 2 - SCOPE › Section 744.111 - What types of operations do these minimum standards apply to?

Current through Reg. 49, No. 28; July 12, 2024
The minimum standards in this chapter apply to:
(1) Day-care operations licensed to provide
					 before and/or after-school care program services;
(2) Day-care operations licensed to provide
					 school-age program services;
(3)
					 Any unlicensed day-care operation that requires a license per Human Resources
					 Code (HRC), Chapter 42, because the operation provides before and/or
					 after-school program services; and
(4) Any unlicensed day-care operation that
					 requires a license per HRC, Chapter 42, because the operation provides
					 school-age program services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter A - PURPOSE, SCOPE, AND DEFINITIONS › Division 2 - SCOPE › Section 744.113 - Who is responsible for complying with these minimum standards?

Current through Reg. 49, No. 28; July 12, 2024
(a) For a licensed before or after-school
					 program or school-age program, 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 operation does not offer. For example, if we license the
					 operation to offer a before and after-school program, the operation does not
					 have to comply with minimum standards that apply to nighttime-care programs;
					 however, the operation must comply with all other minimum standards.
(b) For an unlicensed before or after-school
					 program or school-age program that is subject to Licensing's regulation, the
					 operation's director, owner, or person overseeing the operation or other
					 controlling person who has the ability to influence or direct the operation'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 operation does not offer.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter A - PURPOSE, SCOPE, AND DEFINITIONS › Division 3 - DEFINITIONS › Section 744.121 - What do certain pronouns mean when used in this chapter?

Current through Reg. 49, No. 28; July 12, 2024
The following pronouns and 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 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 1 - PERMIT HOLDER RESPONSIBILITIES › Section 744.201 - 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
					 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 an
					 operation director, program director, or site director, as applicable, who
					 meets minimum standard qualifications as specified in Subchapter D of this
					 chapter;
(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 operation
					 any time during your hours of operation to observe their child, program
					 activities, the building, the premises, 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 operation or away from the operation, such as during a field trip,
					 never exceeds the licensed capacity of the operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 1 - PERMIT HOLDER RESPONSIBILITIES › Section 744.203 - 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 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 1 - PERMIT HOLDER RESPONSIBILITIES › Section 744.205 - 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 §744.203 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 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 1 - PERMIT HOLDER RESPONSIBILITIES › Section 744.207 - 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 §744.203 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 parents of each child in
					 your care, as required in §
											744.801(5)
					 of this chapter (relating to What records must I keep at my operation?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 2 - REQUIRED NOTIFICATIONS › Section 744.301 - What changes regarding my operation 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
					 operation;
(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 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 the ownership of an
					 operation 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 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 2 - REQUIRED NOTIFICATIONS › Section 744.303 - What changes must I notify Licensing of regarding the operation's designee, governing body, and directors?

Current through Reg. 49, No. 28; July 12, 2024
You must notify us in writing no later than five days
						after a change is made regarding:
(1)
					 The designee of an operation that is not a sole proprietorship. The designee
					 for a sole proprietorship is the sole proprietor;
(2) The board chair for a corporate facility
					 or other executive officer of the governing body;
(3) The address of the operation's designee
					 or governing body; and
(4) A
					 director.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 2 - REQUIRED NOTIFICATIONS › Section 744.305 - 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 operation 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 an operation vehicle or on the
					 playground or not preventing a child from wandering away from the operation
					 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 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 2 - REQUIRED NOTIFICATIONS › Section 744.307 - 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 an operation vehicle or on the playground or failing to prevent the child
					 from wandering away from the operation unsupervised; or
(5) Has been involved in any situation that
					 renders the operation unsafe, such as a fire, flood, or damage to the operation
					 as a result of severe weather.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 2 - REQUIRED NOTIFICATIONS › Section 744.309 - What are the notification requirements when Licensing finds my operation deficient in the standard related to the abuse, neglect, or exploitation of a child?

Current through Reg. 49, No. 28; July 12, 2024
You must notify the parent of each child attending your
						child-care operation of a deficiency in the abuse, neglect, or exploitation
						standard in §
											744.1201(4)
						of this chapter (relating to What general responsibilities do my employees
						have?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 2 - REQUIRED NOTIFICATIONS › Section 744.311 - How must I notify parents of an abuse, neglect, or exploitation deficiency?

Current through Reg. 49, No. 28; July 12, 2024
Within five days after you receive notification of a
						deficiency described in §744.309 of this division (relating to What are
						the notification requirements when Licensing finds my operation deficient in
						the standard related to the abuse, neglect, or exploitation of a child?), you
						must use Form 7266, Notification of Abuse/Neglect/Exploitation Deficiency,
						located on the Licensing provider website, to notify the parents of each child
						attending your child-care operation at the time of the notification, including
						a child who may not have been in care on the day of the actual incident.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 3 - REQUIRED POSTINGS › Section 744.401 - What items must I post at my operation at all times?

Current through Reg. 49, No. 28; July 12, 2024
You must post the following items:
(1) Your 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 §
											744.3561 of this title (relating
					 to Must I have an emergency evacuation and relocation diagram?);
(5) The activity plan for each group of
					 children, if required by §
											744.2005 of this title (relating
					 to What written activity plans must caregivers follow? );
(6) The daily menu, if applicable, including
					 all snacks and meals prepared or served by the operation;
(7) The Licensing
Parent Notification
					 Poster;
(8) Telephone
					 numbers specified in §
											744.405 of this title (relating to
					 What telephone numbers must I post and where must I post them?);
(9) A list of each child's food allergies
					 that require an emergency plan, as specified in §
											744.2669 of this title (relating
					 to When must I have a food allergy emergency plan for a child?); and
(10) 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 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 3 - REQUIRED POSTINGS › Section 744.403 - 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 § 744.401 of Title 40 (relating to What items must I post at
					 my operation at all times?) must be available by posting or placing in a
					 binder, in a prominent and publicly accessible place where employees, parents,
					 and others may easily view them at all times.
(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 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 3 - REQUIRED POSTINGS › Section 744.405 - What telephone numbers must I post and where must I post them?

Current through Reg. 49, No. 28; July 12, 2024
(a) 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 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 4 - OPERATIONAL POLICIES › Section 744.503 - 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 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter B - ADMINISTRATION AND COMMUNICATION › Division 4 - OPERATIONAL POLICIES › Section 744.505 - 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 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 744.601 - 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 your 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 director.
(c) All
					 children's records are subject to review and/or reproduction by Licensing upon
					 request during your hours of operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 744.603 - 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 operation:
(1) A child-care enrollment agreement
					 specified in § 744.503 of Title 40 (relating to Must I provide parents
					 with a copy of my operational policies?);
(2) Admission information as specified in
					 § 744.605 of Title 40 (relating to What admission information must I
					 obtain for each child?);
(3)
					 Immunization records;
(4)
					 Tuberculosis screening and testing information, if required by your regional
					 Texas Department of State Health Services or local health authority;
(5) Licensing
Incident/Illness
					 Report
form, if applicable;
(6) A daily tracking system for when a
					 child's care begins and ends as specified in § 744.627 of Title 40
					 (relating to Must I have a system for signing children in and out of my
					 care?);
(7) Medication
					 administration records, if applicable; and
(8) 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 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 744.605 - 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 operation:
(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 operation;
(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 problems or 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 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 744.607 - 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 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 744.609 - 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 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 744.611 - Must I have a health statement for children in my care?

Current through Reg. 49, No. 28; July 12, 2024
No. Since your operation exclusively serves children that
						attend pre-kindergarten or school, you are not required to have a health
						statement for children in your care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 744.613 - 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 your
					 operation 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 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 you verify the exemption or exception by the date of
					 admission; or
(2) The child is
					 homeless or in foster care and is provisionally admitted for up to 30 days
					 because 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 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 744.615 - 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 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 744.623 - 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 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 744.625 - 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 the Texas Department of State Health Services (DSHS) or
						local health authority requires tuberculosis testing for children in your
						operation, 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 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter C - RECORD KEEPING › Division 1 - RECORDS OF CHILDREN › Section 744.627 - 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 operation 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.
(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 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter C - RECORD KEEPING › Division 2 - RECORDS OF ACCIDENTS AND INCIDENTS › Section 744.701 - What written records must I keep of accidents and incidents that occur at my operation?

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 an operation's vehicle or not
					 preventing a child from wandering away from the operation
					 unsupervised.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter C - RECORD KEEPING › Division 2 - RECORDS OF ACCIDENTS AND INCIDENTS › Section 744.705 - Must someone from my operation 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 operation or, if the director is not available, the person designated to
						be in charge of the operation must sign and date the completed
						report.