 |
Texas Administrative Code (Last Updated: March 27,2024) |
 |
TITLE 26. HEALTH AND HUMAN SERVICES |
|
|
PART 1. HEALTH AND HUMAN SERVICES COMMISSION |
|
|
CHAPTER 745. LICENSING |
| SUBCHAPTER A. PRECEDENCE AND DEFINITIONS |
| DIVISION 1. DEFINITIONS FOR THE LANGUAGE USED IN THIS CHAPTER |
| § 745.11. What words must I know to understand this chapter? |
| DIVISION 2. DEFINITIONS FOR LICENSING |
| § 745.21. What do the following words and terms mean when used in this chapter? |
| SUBCHAPTER B. CHILD CARE AND OTHER OPERATIONS THAT WE REGULATE |
| § 745.31. What operations does the Licensing Division regulate? |
| § 745.33. What is child day care? |
| § 745.35. What is residential child care? |
| § 745.37. What specific types of operations does Licensing regulate? |
| § 745.39. Does Licensing regulate state agencies that run child-care operations? |
| § 745.41. How do I start a child day care or residential child-care operation, including a child-placing agency? |
| § 745.43. What are the requirements for a relative-only listed family home? |
| SUBCHAPTER C. OPERATIONS THAT ARE EXEMPT FROM REGULATION |
| DIVISION 1. DEFINITIONS |
| § 745.101. What words must I know to understand this subchapter? |
| DIVISION 2. EXEMPTIONS FROM REGULATION |
| § 745.111. What does "exempt from regulation" mean? |
| § 745.113. What programs are exempt from regulation by Licensing? |
| § 745.115. What programs regulated by other governmental entities are exempt from Licensing regulation? |
| § 745.117. Which programs of limited duration are exempt from Licensing regulation? |
| § 745.119. What educational facilities are exempt from Licensing regulation? |
| § 745.121. What if my educational facility meets every criterion for an education exemption, except some of the children in care are younger than the exemption allows? |
| § 745.123. What if my educational facility meets every criterion for an education exemption, except some of the children in care stay in care longer than the number of hours the exemption allows? |
| § 745.125. Are additional exemption criteria required for an educational facility that provides residential child care? |
| § 745.129. What miscellaneous programs are exempt from Licensing regulation? |
| § 745.131. How does a person or entity request that Licensing determine whether a program is exempt? |
| § 745.133. When will I know if my program is exempt? |
| § 745.135. What if Licensing determines that my program does not meet the exemption criteria outlined in this subchapter? |
| § 745.137. What if I disagree with Licensing's determination that my program is not exempt? |
| § 745.139. What will Licensing do if I operate a combination of exempt and regulated programs? |
| § 745.141. In what circumstances may I apply for a permit even though my program is exempt? |
| § 745.143. If my program is exempt and does not need regulation for funding purposes, can I still obtain a permit from Licensing? |
| SUBCHAPTER D. APPLICATION PROCESS |
| DIVISION 1. DEFINITIONS |
| § 745.201. What words must I know to understand this subchapter? |
| DIVISION 2. STAGES OF THE APPLICATION PROCESS AND PRE-APPLICATION INTERVIEW |
| § 745.211. What are the different parts of the application process? |
| § 745.213. What is the purpose of the pre-application interview? |
| § 745.215. How does Licensing conduct the pre-application interview? |
| DIVISION 3. SUBMITTING THE APPLICATION MATERIALS |
| § 745.241. Who must submit the application for a permit? |
| § 745.243. What does a completed application for a permit include? |
| § 745.245. How do I demonstrate that the governing body is not delinquent in paying the franchise tax? |
| § 745.247. What happens if the governing body is delinquent in paying the tax after receiving a permit from Licensing? |
| § 745.249. What are the liability insurance requirements for a licensed operation, registered child-care home, or listed family home? |
| § 745.251. What are acceptable reasons not to have liability insurance? |
| § 745.253. When must I notify parents that I do not carry liability insurance? |
| § 745.255. What safe sleeping training must a person complete when applying to operate a listed family home? |
| DIVISION 4. PUBLIC NOTICE AND HEARING REQUIREMENTS FOR RESIDENTIAL CHILD-CARE OPERATIONS |
| § 745.273. Which residential child-care operations must meet the public notice and hearing requirements? |
| § 745.275. What are the specific requirements for a public notice and hearing? |
| § 745.277. What will happen if I fail to comply with the public notice and hearing requirements? |
| DIVISION 5. ACCEPTING OR RETURNING THE APPLICATION |
| § 745.301. How long does Licensing have to review my application and notify me of my application status? |
| § 745.303. How many chances do I have to submit all of the required information? |
| DIVISION 6. TIME FRAMES FOR ISSUING OR DENYING A PERMIT |
| § 745.321. How long does Licensing have to issue or deny a permit after accepting my application? |
| § 745.323. What if Licensing exceeds its timeframes for processing my application? |
| § 745.325. How do I file a complaint regarding timeframes for processing my application? |
| § 745.327. When does Licensing have good cause for exceeding its timeframes for processing my application? |
| DIVISION 7. THE DECISION TO ISSUE OR DENY A PERMIT |
| § 745.339. What factors will we consider when evaluating an application for a permit or a request to amend a permit? |
| § 745.340. For what reason may Licensing deny me a permit based on the results of a required public hearing? |
| § 745.341. What type of permit does Licensing issue? |
| § 745.343. What is the difference between an initial license and full license? |
| § 745.344. How long is a full permit valid? |
| § 745.345. When does Licensing issue an initial license? |
| § 745.347. How long is an initial license valid? |
| § 745.349. What if I am not able to care for children during the initial period? |
| § 745.351. If I have an initial license, when will I be eligible for a full license? |
| § 745.353. What can I do if Licensing denies me a permit? |
| § 745.355. When may Licensing issue a full license in lieu of an initial license? |
| DIVISION 8. DUAL AND MULTIPLE PERMITS |
| § 745.371. Can Licensing issue more than one registration or listing for a single child-care home? |
| § 745.373. May I have more than one licensed child-care home? |
| § 745.375. May I offer child day care at my agency foster home or independent foster home? |
| § 745.379. Can a single operation have more than one child day care license at the same location? |
| § 745.381. Do I need Licensing's permission for my child day-care operation to provide occasional overnight care? |
| § 745.385. Can a person or governing body operate multiple operations under the same permit? |
| DIVISION 9. REAPPLYING FOR A PERMIT |
| § 745.401. What fees must I pay when I reapply for a permit? |
| § 745.403. When am I eligible to apply for another permit after Licensing denies, revokes, or refuses to renew my permit? |
| § 745.405. Can I operate after I apply for a permit? |
| DIVISION 10. RELOCATION OF OPERATION |
| § 745.429. What must I do if I relocate my operation after I receive my compliance certificate? |
| § 745.431. What must I do if I relocate my listed family home? |
| § 745.433. What must I do if I relocate my registered child-care home after I receive my registration? |
| § 745.435. What must I do if I relocate my operation after I receive my license or certification? |
| § 745.436. What is the result of a change in the ownership of an operation with a license? |
| § 745.437. What is a change in the ownership of an operation? |
| § 745.439. What must I do if the ownership of my employer-based child care operation or shelter care operation changes? |
| DIVISION 11. EMPLOYER-BASED CHILD CARE |
| § 745.461. Where must a child's parent be while the child is in care? |
| § 745.463. What are the qualifications to be a caregiver at an employer-based child care? |
| § 745.464. What are my responsibilities regarding criminal background check requirements? |
| § 745.465. When must my employer-based child care report a serious incident to Licensing? |
| § 745.467. What are my responsibilities regarding the report of abuse, neglect, or exploitation? |
| § 745.469. What are the requirements if my operation chooses to maintain and administer unassigned epinephrine auto-injectors? |
| DIVISION 12. PERMIT RENEWAL |
| § 745.471. What types of permits need to be renewed? |
| § 745.473. When do I need to apply to renew my full license, certification, or registration? |
| § 745.475. What does a completed renewal application for a permit include? |
| § 745.477. What happens after Licensing receives my renewal application? |
| § 745.478. When does Licensing have good cause to exceed the timeframe for processing my renewal application? |
| § 745.479. Will I need to post the written notice of my permit's renewal? |
| § 745.481. When does my permit expire? |
| § 745.483. What must I do if my permit expired? |
| § 745.485. How does an enforcement action affect the renewal of my permit? |
| § 745.487. When is a public hearing required for the renewal of a license? |
| § 745.489. What is required for a public hearing for the renewal of a license? |
| DIVISION 13. ADDITIONAL CONSIDERATIONS FOR CERTAIN RESIDENTIAL OPERATIONS |
| § 745.491. What do the following terms mean when used in this division? |
| § 745.493. Who does this division apply to? |
| § 745.495. What previous compliance history of a residential child-care operation must Licensing consider when evaluating an application for a license to operate a residential child-care operation? |
| § 745.497. May Licensing issue a new license to a residential child-care operation that was previously on heightened monitoring? |
| SUBCHAPTER E. FEES |
| § 745.501. What type of fees may Licensing charge me? |
| § 745.503. Is anyone exempt from paying fees? |
| § 745.505. What fees must I pay to list my family home and maintain the listing? |
| § 745.507. What fees must I pay to register my child-care home and maintain the registration? |
| § 745.509. What fees must I pay to apply for and maintain a license for an operation? |
| § 745.511. Must I pay fees for more than one license if I have separate licenses for different types of operations? |
| § 745.513. If my license allows for different capacities at different times of the day, how does Licensing determine my fees? |
| § 745.515. Will I receive notice telling me when my non-expiring and annual fees are due? |
| § 745.517. How do I submit a fee to Licensing? |
| § 745.519. Are any fees refundable? |
| § 745.521. What fees must I pay to apply for and to maintain a certificate of compliance? |
| § 745.523. Who must I submit background checks on, and when must they be submitted? |
| SUBCHAPTER F. BACKGROUND CHECKS |
| DIVISION 1. DEFINITIONS |
| § 745.601. What words must I know to understand this subchapter? |
| DIVISION 2. REQUESTING BACKGROUND CHECKS |
| § 745.605. For whom must I submit requests for background checks? |
| § 745.607. What are the different types of background checks? |
| § 745.609. What types of background checks are required for persons at my operation? |
| § 745.611. Which persons at my operation require either a fingerprint-based criminal history check or a name-based Texas criminal history check? |
| § 745.613. Which persons at my operation must have an out-of-state criminal history check, an out-of-state child abuse and neglect registry check, and an out-of-state sex offender registry check? |
| § 745.615. What types of background checks are required for persons at listed family homes that only provide care to related children? |
| § 745.617. How do I submit a request for a background check? |
| § 745.619. What information must I include with a request for a background check? |
| § 745.621. When must I submit a request for an initial or renewal background check for a person? |
| § 745.623. How does the subject of a background check submit fingerprints for a fingerprint-based criminal history check? |
| § 745.625. Does the subject of a background check who has already undergone a fingerprint-based criminal history check have to submit new fingerprints? |
| DIVISION 3. DETERMINATIONS REGARDING BACKGROUND CHECKS |
| § 745.627. How soon will the CBCU notify the subject of a background check and me of the determination of the background check? |
| § 745.629. What are the possible determinations for the subject of a background check? |
| § 745.631. In what situations may the CBCU place conditions or restrictions on a subject's presence at an operation? |
| § 745.633. What information will a notice letter that the CBCU sends to an operation include? |
| § 745.635. What must I do after the CBCU notifies my operation of a subject's background check determination? |
| § 745.637. What actions may Licensing take if I do not follow the conditions or restrictions on a subject's presence at an operation? |
| § 745.639. What information will a notice letter that the CBCU sends to the subject of a background check include? |
| § 745.641. How soon after I submit a request for a background check on a subject can that subject be present at an operation? |
| § 745.643. How can the subject of a background check challenge the accuracy or completeness of the information contained in the results of the background check? |
| § 745.645. How can the subject request that the CBCU review the background check determination? |
| § 745.647. Must the CBCU complete the background checks before Licensing issues my permit? |
| § 745.649. Can a child-placing agency (CPA) verify a foster family home or approve an adoptive home prior to receiving the background check determinations? |
| § 745.651. Am I required to indicate when the subject of a background check is no longer associated with my operation? |
| § 745.653. Can I do my own criminal history background checks? |
| DIVISION 4. CRIMINAL HISTORY, SEX OFFENDER REGISTRY, AND CHILD ABUSE OR NEGLECT FINDINGS |
| § 745.661. What types of criminal convictions may affect a subject's ability to be present at an operation? |
| § 745.663. For the purpose of this subchapter, when do criminal convictions include deferred adjudication community supervision? |
| § 745.665. What must I do if the subject of a background check at my operation has been arrested or charged with a crime? |
| § 745.667. How will the CBCU determine whether a subject who has been arrested or charged with a crime may be present at an operation? |
| § 745.671. What types of findings from the Central Registry or out-of-state child abuse and neglect registries may affect a subject's ability to be present at an operation? |
| § 745.673. What must I do if the subject of a background check at my operation is under investigation for child abuse or neglect? |
| DIVISION 5. EVALUATION OF RISK BECAUSE OF CRIMINAL HISTORY OR A CHILD ABUSE OR NEGLECT FINDING |
| § 745.681. Who is responsible for requesting a risk evaluation? |
| § 745.683. When may the subject of a background check request a risk evaluation? |
| § 745.685. How long does the subject of a background check have to request a risk evaluation? |
| § 745.687. How does the subject of a background check request a risk evaluation? |
| § 745.689. What must a request for a risk evaluation based on criminal history include? |
| § 745.691. What must a request for a risk evaluation based on a child abuse or neglect finding include? |
| § 745.693. Who makes the final decision on a risk evaluation? |
| § 745.695. What factors does the CBCU use when deciding whether the subject of a background check poses a risk to the health or safety of children in a particular operation? |
| § 745.697. Does an approved risk evaluation expire? |
| § 745.699. Can the subject of a background check request that the CBCU review a risk evaluation decision? |
| DIVISION 6. DESIGNATED AND SUSTAINED PERPETRATORS OF CHILD ABUSE OR NEGLECT |
| § 745.731. Who are designated perpetrators and sustained perpetrators of child abuse or neglect? |
| DIVISION 7. IMMEDIATE THREAT OR DANGER TO THE HEALTH OR SAFETY OF CHILDREN |
| § 745.751. What factors does Licensing consider when determining if a person or an operation is an immediate threat to the health or safety of children? |
| DIVISION 8. ADMINISTRATOR'S LICENSING |
| § 745.775. How may a criminal conviction or a child abuse or neglect finding affect my ability to receive or maintain an administrator's license? |
| SUBCHAPTER G. CONTROLLING PERSONS |
| § 745.901. Who is a controlling person at a child-care operation? |
| § 745.903. When and how must an operation submit controlling-person information to Licensing? |
| § 745.905. When will Licensing designate someone at my child-care operation as a controlling person? |
| § 745.907. What are the consequences of Licensing designating me as a controlling person? |
| § 745.909. What due process rights do I have if Licensing designates me as a controlling person? |
| § 745.911. In what other circumstances may a person not serve as a controlling person at my operation? |
| § 745.913. When does Licensing check whether someone is ineligible to serve as a controlling person at my child-care operation? |
| § 745.915. What happens after Licensing determines that someone is ineligible to serve as a controlling person at my child-care operation? |
| SUBCHAPTER H. RESIDENTIAL CHILD-CARE: DRUG TESTING AND LAW ENFORCEMENT ADMISSIONS |
| DIVISION 1. DRUG TESTING |
| § 745.4151. What drug testing policy must my residential child-care operation have? |
| DIVISION 2. TAKING POSSESSION OF A CHILD DIRECTLY FROM A LAW ENFORCEMENT OFFICER |
| § 745.4201. May I take possession of a child from a law enforcement officer? |
| § 745.4203. How does a child-placing agency become authorized to take possession of a child from a law enforcement officer? |
| § 745.4205. What must I do when I take possession of a child from a law enforcement officer? |
| SUBCHAPTER I. NON-ENFORCEMENT VOLUNTARY ACTIONS |
| DIVISION 1. OVERVIEW OF VOLUNTARY ACTIONS |
| § 745.5001. What are the different types of voluntary actions that an operation may take? |
| § 745.5003. How does my taking a voluntary action affect Licensing's ability to impose an enforcement action against my operation? |
| DIVISION 2. NOTICE AND APPROVAL |
| § 745.5051. What notice and approval are required for a voluntary action? |
| DIVISION 3. TEMPORARY RELOCATION |
| § 745.5101. What must I do when I temporarily relocate my operation because of a renovation or damage that makes the operation temporarily unsuitable for child care? |
| § 745.5103. What actions will Licensing take after receiving a notice that you are temporarily relocating? |
| DIVISION 4. VOLUNTARY SUSPENSION |
| § 745.5151. For what reasons may I request a voluntary suspension of my permit? |
| § 745.5153. How do I request a voluntary suspension? |
| § 745.5155. What actions may Licensing take after receiving written notice that you are requesting a voluntary suspension? |
| § 745.5157. What are my responsibilities during the voluntary suspension period? |
| § 745.5159. What must occur before I may reopen and begin operating at the end of the voluntary suspension period? |
| § 745.5161. What if I do not begin operating at the end of the voluntary suspension period? |
| DIVISION 5. VOLUNTARY CLOSURE |
| § 745.5201. How do I voluntarily close my operation? |
| SUBCHAPTER J. WAIVERS AND VARIANCES FOR MINIMUM STANDARDS |
| § 745.8301. What words must I know to understand this subchapter? |
| § 745.8303. What minimum standards are ineligible for a waiver or variance? |
| § 745.8305. How do I request a waiver or variance? |
| § 745.8307. How long does Licensing have to process a request for a waiver or variance? |
| § 745.8309. When does a waiver or variance expire, and what must I do before it expires? |
| § 745.8311. What conditions may Licensing place on an approved waiver or variance? |
| § 745.8313. What factors do we consider when deciding whether to grant a waiver or variance? |
| § 745.8315. What additional factors does Licensing consider when deciding whether to grant a waiver or variance for a foster home? |
| § 745.8317. What factors do we consider when determining the expiration date and conditions for a waiver or variance? |
| § 745.8319. Can Licensing amend or revoke a waiver or variance? |
| § 745.8321. What can I do if I disagree with Licensing's decision related to a waiver or variance? |
| SUBCHAPTER K. INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY |
| DIVISION 1. OVERVIEW OF INSPECTIONS AND INVESTIGATIONS |
| § 745.8401. Who may inspect or investigate an operation under this division? |
| § 745.8403. What actions may Licensing take during an inspection or investigation? |
| § 745.8405. When does Licensing inspect or investigate an operation or program? |
| § 745.8407. How often may Licensing inspect or investigate my operation? |
| § 745.8409. Are inspections and investigations announced or unannounced? |
| § 745.8411. What are my responsibilities when Licensing or the Texas Department of Family and Protective Services inspects or investigates my operation? |
| § 745.8413. What can Licensing inspect or investigate? |
| § 745.8415. How does Licensing investigate an anonymous report? |
| § 745.8417. What will Licensing post on its Search Texas Child Care website about findings from the investigation of an anonymous report? |
| DIVISION 2. NOTIFICATION |
| § 745.8441. When will we notify the operation of the purpose of an unannounced inspection or investigation? |
| § 745.8443. Whom will Licensing notify of the outcome of an inspection or investigation? |
| § 745.8445. What will the notification of the outcome of the inspection or investigation include? |
| § 745.8447. What must I do if Licensing notifies me of a deficiency? |
| § 745.8449. Who provides notices related to investigations of child abuse, neglect, and exploitation? |
| DIVISION 3. CONFIDENTIAL RECORDS |
| § 745.8481. What types of child care records does Licensing maintain? |
| § 745.8483. What portions of a child care record are confidential? |
| § 745.8485. Can an operation record the inspection or investigation process? |
| § 745.8487. Are there any exceptions that allow the portions of a child care record that are confidential to be released to the public or certain persons? |
| § 745.8489. Who may get a copy of the portions of a child care record that are confidential? |
| § 745.8491. Who can review or have a copy of a photograph, audio or visual recording, or documentation of a child that is in our records? |
| § 745.8493. Will Licensing release any information related to a child abuse, neglect, or exploitation investigation conducted by the Texas Department of Family and Protective Services (DFPS)? |
| DIVISION 4. TECHNICAL ASSISTANCE |
| § 745.8581. What is technical assistance? |
| § 745.8583. When does Licensing provide technical assistance? |
| § 745.8585. May I request an administrative review for technical assistance that Licensing provided? |
| SUBCHAPTER L. ENFORCEMENT ACTIONS |
| DIVISION 1. OVERVIEW OF ENFORCEMENT ACTIONS |
| § 745.8600. What is the general purpose of the rules in this subchapter? |
| § 745.8601. What happens if I am deficient in a minimum standard, rule, statute, specific term of my permit, or condition of probation? |
| § 745.8603. What enforcement actions may Licensing recommend or impose? |
| § 745.8605. When can Licensing recommend or impose an enforcement action against my operation? |
| § 745.8607. How will Licensing decide which type of enforcement action to recommend or impose? |
| § 745.8609. How will I know when Licensing is recommending or imposing an enforcement action against my operation? |
| § 745.8611. How long do enforcement actions that cover a specific period of time last? |
| § 745.8613. What rights do I have to challenge an enforcement action? |
| DIVISION 2. VOLUNTARY AND CORRECTIVE ACTIONS |
| § 745.8631. What types of voluntary or corrective actions may Licensing recommend or impose? |
| § 745.8633. When may Licensing recommend a voluntary plan of action? |
| § 745.8635. What requirements must I meet during a voluntary plan of action? |
| § 745.8637. When may Licensing place my operation on probation? |
| § 745.8641. What requirements must I meet during the probation period? |
| § 745.8643. What may Licensing do if my operation's compliance with minimum standards, rules, or statutes does not improve as a result of the voluntary plan of action or corrective action plan? |
| DIVISION 3. ADVERSE ACTIONS |
| § 745.8649. What adverse actions may Licensing impose? |
| § 745.8650. When may Licensing deny a permit? |
| § 745.8651. When may Licensing impose an adverse amendment on my permit? |
| § 745.8652. When will Licensing suspend my permit? |
| § 745.8653. What happens when my suspension period ends? |
| § 745.8654. When may Licensing revoke my permit? |
| § 745.8655. When may Licensing refuse to renew my permit? |
| § 745.8656. Are there any notice requirements when Licensing attempts to take adverse action against my operation? |
| § 745.8657. Whom may Licensing inform when attempting to deny, suspend, revoke, or refuse to renew my permit? |
| § 745.8659. Will there be any publication of the denial, suspension, revocation, or refusal to renew my permit? |
| § 745.8661. What notice must I provide parents when the denial, suspension, or revocation of my permit is final? |
| DIVISION 4. JUDICIAL ACTIONS |
| § 745.8681. What judicial actions may Licensing impose? |
| § 745.8683. Whom may Licensing inform when taking a judicial action against my operation? |
| § 745.8685. What steps must I take regarding children in my care when a court orders me to close my operation immediately? |
| § 745.8687. Will there be any type of publication of the judicial action taken against me? |
| DIVISION 5. MONETARY ACTIONS |
| § 745.8711. What monetary actions may Licensing impose? |
| § 745.8713. When may Licensing impose an administrative penalty before a corrective action? |
| § 745.8714. What penalty amounts must Licensing recommend for certain deficiencies? |
| § 745.8715. When may Licensing impose an administrative penalty against a controlling person? |
| SUBCHAPTER M. ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS |
| DIVISION 1. ADMINISTRATIVE REVIEWS |
| § 745.8801. What is an administrative review? |
| § 745.8803. Who may request an administrative review? |
| § 745.8805. How does a person request an administrative review? |
| § 745.8807. How does a person waive the right to an administrative review? |
| § 745.8809. Who conducts an administrative review? |
| § 745.8811. How is an administrative review conducted? |
| § 745.8813. What actions may the person conducting the administrative review take at the end of the review? |
| § 745.8815. When will the person who conducts the administrative review issue a decision? |
| DIVISION 2. DUE PROCESS HEARINGS |
| § 745.8831. What is a due process hearing? |
| § 745.8833. What does "Legal Enforcement Department" mean in this division? |
| § 745.8835. Who may request a due process hearing? |
| § 745.8837. How does a person request a due process hearing? |
| § 745.8839. What is the process for scheduling a due process hearing and notifying the requestor? |
| § 745.8841. What happens if a requestor's address changes after the initial request for a hearing? |
| § 745.8843. When may the Legal Enforcement Department nullify a request for a due process hearing? |
| § 745.8845. How is a due process hearing conducted? |
| § 745.8847. What information can the parties discuss in a due process hearing? |
| § 745.8849. Can an administrative law judge address multiple decisions and actions during a single due process hearing? |
| § 745.8851. Who may appeal the final decision after a due process hearing? |
| § 745.8853. What action must the Texas Health and Human Services Commission take after the final decision in a due process hearing? |
| § 745.8855. Can a person waive the right to a due process hearing? |
| DIVISION 3. OPERATING PENDING AN ADMINISTRATIVE REVIEW AND DUE PROCESS HEARING |
| § 745.8871. Does a request for an administrative review suspend the start date of probation? |
| § 745.8875. May I operate during the appeal of an adverse action, including pending the outcome of an administrative review and due process hearing? |
| § 745.8877. What if I disagree with Licensing's decision that my operation poses an immediate threat or danger to the health or safety of children? |
| § 745.8881. What kinds of inspections and investigations will be conducted if I continue to operate pending the outcome of an administrative review and due process hearing? |
| SUBCHAPTER N. ADMINISTRATOR'S LICENSING |
| DIVISION 1. OVERVIEW OF ADMINISTRATOR'S LICENSING |
| § 745.8901. What is a child-care administrator? |
| § 745.8903. What is a child-placing agency administrator? |
| § 745.8905. What is a licensed administrator? |
| § 745.8906. What type of administrator's license may Licensing issue to an applicant? |
| § 745.8907. When must I have a Child-Care Administrator's License (CCAL)? |
| § 745.8908. Where may a person serve as a child-care administrator with a provisional Child-Care Administrator's License (CCAL)? |
| § 745.8909. When must I have a full Child-Placing Agency Administrator's License (CPAAL)? |
| § 745.8911. For general residential operations that only provide emergency care services, in what circumstances do I not need a CCAL to be a child-care administrator? |
| § 745.8913. Can my licensure in another state qualify me for an administrator's license? |
| § 745.8914. How does Licensing determine whether another state's licensing requirements are substantially equivalent to the requirements for an administrator's license under this subchapter? |
| § 745.8915. How do I qualify for a full Child-Care Administrator's License (CCAL)? |
| § 745.8917. How do I qualify for a full Child-Placing Agency Administrator's License (CPAAL)? |
| § 745.8921. Who are "child-placing personnel"? |
| § 745.8925. How do I qualify for a provisional Child-Care Administrator's License (CCAL) if I do not meet the minimum management or supervisory experience required for a full CCAL? |
| § 745.8927. What qualifies as six months of experience in management or supervision of personnel required for a provisional Child-Care Administrator's License (CCAL)? |
| § 745.8930. What responsibilities does a licensed administrator have when employed as the administrator for an operation? |
| DIVISION 2. SUBMITTING YOUR APPLICATION MATERIALS |
| § 745.8931. How do I apply to become a licensed administrator? |
| § 745.8933. What must a complete application to become a licensed administrator include? |
| § 745.8934. What other actions must I take to become a licensed administrator? |
| § 745.8935. How do I apply for both a full Child-Care Administrator's License (CCAL) and a full Child-Placing Agency Administrator's License (CPAAL)? |
| DIVISION 3. LICENSING'S REVIEW OF YOUR APPLICATION |
| § 745.8951. What happens after Licensing receives my application materials and fees? |
| § 745.8955. What if I disagree with Licensing's determination that I do not meet the initial qualifications required to take the licensing examination? |
| § 745.8957. What if I fail the licensing examination or do not take the examination? |
| § 745.8959. Must I pay an examination fee each time I take a licensing examination? |
| § 745.8961. What happens after I take a licensing examination? |
| § 745.8963. What if my criminal history background check or central registry check results in a positive match? |
| § 745.8965. What if Licensing does not process my application within the appropriate timeframes? |
| § 745.8967. What happens after the Assistant Commissioner for Child-Care Licensing receives my request for review? |
| § 745.8969. When does Licensing have good cause for not processing my application within the established time period? |
| DIVISION 4. MAINTAINING YOUR ADMINISTRATOR’S LICENSE |
| § 745.8973. What information must I report to Licensing? |
| § 745.8975. How long is a full Child-Care Administrator's License (CCAL) or a full Child-Placing Agency Administrator's License (CPAAL) valid? |
| § 745.8976. How long is a provisional Child-Care Administrator's License (CCAL) valid? |
| § 745.8977. If I have a provisional Child-Care Administrator's License (CCAL), when and how do I request to change the status of my administrator's license from a provisional CCAL to a full CCAL? |
| § 745.8979. What if I am unable to meet the minimum management or supervisory requirements before my provisional Child-Care Administrator's License (CCAL) expires? |
| § 745.8981. What happens if my provisional Child-Care Administrator's License (CCAL) expires? |
| § 745.8983. How many hours of continuing education must I complete to maintain my administrator's license? |
| § 745.8985. What training qualifies as continuing education I need to maintain my administrator's license? |
| § 745.8986. When may I request Licensing to place my full administrator's license on inactive status? |
| § 745.8987. How do I change my full administrator's license status from inactive to active? |
| § 745.8989. How do I get a replacement copy of my current administrator's license if the original is lost or destroyed? |
| DIVISION 5. RENEWING YOUR ADMINISTRATOR LICENSE |
| § 745.8993. Am I eligible to renew my administrator's license? |
| § 745.8995. When do I request renewal of my administrator's license? |
| § 745.8997. How do I request renewal of my administrator's license ? |
| § 745.9001. Must I undergo a background check in order to renew my administrator's license as inactive? |
| § 745.9003. How much is the renewal fee? |
| § 745.9005. How much is the renewal fee if I am requesting inactive status? |
| § 745.9009. What are the renewal requirements if I have both a CCAL and a CPAAL? |
| § 745.9011. What happens if I do not renew my administrator's license? |
| § 745.9013. How does a remedial action that is pending against my administrator's license affect renewal requirements for that license? |
| § 745.9017. Will Licensing return my renewal fee if I am not eligible for renewal? |
| DIVISION 6. MILITARY MEMBERS, MILITARY SPOUSES, AND MILITARY VETERANS |
| § 745.9025. What terms must I know to understand this division? |
| § 745.9026. What special considerations can Licensing give to a military member, military spouse, or military veteran that applies for an administrator's license? |
| § 745.9027. What must a military member, military spouse, or military veteran submit to Licensing to receive special consideration during the application process? |
| § 745.9028. Will Licensing expedite the review of an application of a military member, military spouse, or military veteran? |
| § 745.9029. What special considerations may apply to the renewal of a military member's administrator's license? |
| § 745.9030. When may a military spouse with a license in another state act as an administrator without a license under this subchapter? |
| DIVISION 7. REMEDIAL ACTIONS |
| § 745.9031. What remedial actions can Licensing take against my administrator's license? |
| § 745.9033. What information does a letter of reprimand contain? |
| § 745.9035. Can any authority besides Licensing suspend my administrator's license? |
| § 745.9037. Under what circumstances may Licensing take remedial action against my administrator's license or administrator's license application? |
| § 745.9039. What can I do if I disagree with a remedial action that Licensing takes against my administrator's license? |
| SUBCHAPTER P. DAY CARE ADMINISTRATOR'S CREDENTIAL PROGRAM |
| § 745.9101. How does this subchapter relate to other Licensing chapters? |
| § 745.9103. What words must I know to understand this subchapter? |
| § 745.9105. When will Licensing recognize my day care administrator's credential? |
| § 745.9107. What criteria must my credential program meet before Licensing will recognize my day care administrator's credential? |
| § 745.9109. What must I submit to Licensing to demonstrate how I will ensure the continuity of my credential program? |
| § 745.9111. How do I demonstrate my method for assessing and selecting candidates for my credential program? |
| § 745.9113. How do I demonstrate that someone must acquire competencies in administering a day care program to complete my credential program? |
| § 745.9115. How do I demonstrate my criteria for assessing satisfactory completion of the program? |
| § 745.9117. How do I demonstrate the way in which a participant must maintain his credential? |
| § 745.9119. How do I demonstrate my criteria for revoking or denying a credential or otherwise reprimanding a credential holder? |
| § 745.9121. How do I obtain Licensing's approval of my credential program? |
| § 745.9123. What will Licensing do with my request for approval of my credential program? |
| § 745.9125. What if my request does not score 95 points for the required criteria? |
| § 745.9127. How will I prove that Licensing recognizes my credential program? |
| § 745.9129. Can I begin my credential program before Licensing issues my certificate of recognition? |
| § 745.9131. What learning objectives must my program's curriculum include? |
| § 745.9133. What learning objectives must the child-development portion of my curriculum include? |
| § 745.9135. What learning objectives must the business-management portion of my curriculum include? |
| § 745.9137. What must I do to maintain the Licensing Certificate of Recognition? |
| § 745.9139. What steps must I take to renew my Certificate of Recognition? |
| § 745.9141. How long will my Certificate of Recognition be valid? |
| § 745.9143. Will Licensing assess my credential program? |
| § 745.9145. Will Licensing notify me before assessing my program? |
| § 745.9147. Will I have an opportunity to correct any deficiencies that Licensing identifies? |
| § 745.9149. What happens when my opportunity to correct deficiencies passes before I correct them? |
| § 745.9151. What are my rights if I disagree with Licensing imposing probation on my organization? |
| § 745.9153. What happens at the end of the probation period? |
| § 745.9155. Does Licensing charge fees for the application, recognition approval, and renewal process? |
| § 745.9157. If I currently hold a Certificate of Recognition, when will I have to meet the criteria specified in this subchapter? |
| § 745.9159. What if my application materials do not comply within this period? |
| § 745.9161. How many chances do I have to submit all of the required information? |