SECTION 745.21. What do the following words and terms mean when used in this chapter?

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise:

(1) Abuse--As defined in the Texas Family Code, §261.001(1) (relating to Definitions) and Texas Administrative Code, Title 40, Chapter 707, Subchapter C, Division 5 (relating to Abuse, Neglect, and Exploitation).

(2) Affinity--Related by marriage as set forth in Texas Government Code, §573.024 (relating to Determination of Affinity).

(3) Business entity--May be an association, corporation, nonprofit association, nonprofit corporation, nonprofit association with religious affiliation, nonprofit corporation with religious affiliation, or limited liability company.

(4) Capacity--The maximum number of children that a permit holder may care for at one time.

(5) Caregiver--A person who is counted in the child to caregiver ratio, whose duties include the supervision, guidance, and protection of a child.

(6) Child--A person under 18 years old.

(7) Child-care facility--An establishment subject to regulation by Licensing that provides assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the establishment operates for profit or charges for its services. A child-care facility includes the people, administration, governing body, activities on or off the premises, operations, buildings, grounds, equipment, furnishings, and materials. A child-care facility does not include child-placing agencies, listed family homes, employer-based child care operations, or shelter care operations.

(8) Child day care--As defined in §745.33 of this chapter (relating to What is child day care?).

(9) Child-placing agency (CPA)--A person, including a sole proprietor, partnership, or business or governmental entity, other than the parents of a child, who plans for the placement of or places a child in a child care operation or adoptive home.

(10) Children related to the caregiver--Children who are the children, grandchildren, siblings, great-grandchildren, first cousins, nieces, or nephews of the caregiver, whether by affinity or consanguinity or as the result of a relationship created by court decree.

(11) Consanguinity--Two individuals are related to each other by consanguinity if one is a descendant of the other; or they share a common ancestor. An adopted child is related by consanguinity for this purpose. Consanguinity is defined in Texas Government Code, §573.022 (relating to Determination of Consanguinity).

(12) Contiguous operations--Two or more operations that touch at a point on a common border are located in the same building.

(13) Controlling person--As defined in §745.901 of this chapter (relating to Who is a controlling person at a child-care operation?).

(14) Deficiency--Any failure to comply with a minimum standard, rule, statute, specific term of your permit, or condition of your probation.

(15) Designated perpetrator--As defined in §745.731 of this chapter (relating to What are designated perpetrators and sustained perpetrators of child abuse or neglect?).

(16) Designee--The person named on the application as the designated representative of the operation who is officially authorized by the owner to speak for and act on the operations' behalf.

(17) Employee--Any person employed by or that contracts with the permit holder, including caregivers, drivers, kitchen personnel, maintenance and administrative personnel, and the center or program director.

(18) Endanger--To expose a child to a situation where physical or mental injury to a child is likely to occur.

(19) Exploitation--As defined in Texas Family Code, §261.001(3) and Texas Administrative Code, Title 40, Chapter 707, Subchapter C, Division 5.

(20) Finding--The conclusion of a Licensing investigation or inspection indicating compliance or deficiency with one or more minimum standards, rules, or statutes.

(21) Full license--The type of full permit that is issued to an operation that requires a license. See also §745.341 of this chapter (relating to What type of permit does Licensing issue?) and §745.343 of this chapter (relating to What is the difference between an initial license and a full license?).

(22) Full permit--A full permit includes a listing, registration, compliance certificate, or a full license. See also §745.341 and §745.343 of this chapter.

(23) Governing body--A group of persons or officers of a business or governmental entity that has ultimate control over the entity.

(24) Governmental entity--A political subdivision or state agency of Texas.

(25) Household member--An individual, other than the caregivers, who resides in an operation.

(26) Initial license--A time-limited license that we issue to certain applicants for a full license in situations described in §745.345 of this chapter (relating to When does Licensing issue an initial license?).

(27) Licensed administrator--As defined in §745.8905 of this chapter (relating to What is a licensed administrator?).

(28) Minimum standards-- Minimum requirements for permit holders that are enforced by Licensing to protect the health, safety, and well-being of children. The minimum standards consist of the rules contained in:

(A) Chapter 742 of this title (relating to Minimum Standards for Listed Family Homes;

(B) Chapter 743 of this title (relating to Minimum Standards for Shelter Care);

(C) Chapter 744 of this title (relating to Minimum Standards for School-Age and Before or After-School Programs);

(D) Chapter 746 of this title (relating to Minimum Standards for Child-Care Centers);

(E) Chapter 747 of this title (relating to Minimum Standards for Child-Care Homes);

(F) Chapter 748 of this title (relating to Minimum Standards for General Residential Operations);

(G) Chapter 749 of this title (relating to Minimum Standards for Child-Placing Agencies);

(H) Chapter 750 of this title (relating to Minimum Standards for Independent Foster Homes); and

(I) Subchapter D, Division 11 of this chapter (relating to Employer-Based Child Care).

(29) Neglect--As defined in the Texas Family Code, §261.001(4) and Texas Administrative Code, Title 40, Chapter 707, Subchapter C, Division 5.

(30) Operation (also known as a child care operation)--A sole proprietor, partnership, or business or governmental entity offering a program that is subject to Licensing's regulation, including day-care operations and residential child care operations. An operation includes the building and grounds where the program is offered, any person involved in providing the program, and any equipment used in providing the program. An operation includes a child-care facility, child-placing agency, listed family home, employer-based child care operation, shelter care operation, or any operation that requires a permit under Chapter 42, Texas Human Resources Code.

(31) Owner--The sole proprietor, partnership, or business or governmental entity that owns an operation that is subject to regulation by Licensing.

(32) Parent--A person who has legal responsibility for or legal custody of a child, including the managing conservator or legal guardian.

(33) Permit--A license, certification, registration, listing, compliance certificate, or any other written authorization granted by Licensing to operate a child care operation. This also includes an administrator's license.

(34) Permit holder--The owner of the operation that is granted the permit.

(35) Pre-kindergarten age child--A child who is three or four years of age before the beginning of the current school year.

(36) Program--Activities and services provided by an operation.

(37) Regulation--Includes the following:

(A) The development of rules, including minimum standards, as provided by statutory authority; and

(B) The enforcement of requirements that are minimum standards, rules, statutes, or any condition or restriction we have placed on a permit. Anyone providing or seeking to provide care or a service that is subject to regulation must comply with the applicable requirements. This includes a permit holder, an applicant for a permit, and anyone providing care or a service without the appropriate permit.

(38) Report--A communication to Licensing or the Department of Family and Protective Services (DFPS), including the Statewide Intake division of DFPS, of:

(A) An allegation of a deficiency in a minimum standard, rule, or statute; or

(B) Any other possible risk to a child in the care of an operation that is subject to regulation by Licensing.

(39) Residential child care--As defined in §745.35 of this chapter (relating to What is residential child care?).

(40) School-age child--A child who is five years of age or older and is enrolled in or has completed kindergarten.

(41) State Office of Administrative Hearings (SOAH)--See §745.8831 of this chapter (relating to What is a due process hearing?).

(42) Sustained perpetrator--See §745.731 of this chapter (relating to Who are designated perpetrators and sustained perpetrators of child abuse or neglect?).

Source Note: The provisions of this §745.21 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 16, 2003, 28 TexReg 7999; amended to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367; amended to be effective March 1, 2012, 37 TexReg 921; amended to be effective December 1, 2012, 37 TexReg 9127; amended to be effective March 1, 2014, 38 TexReg 8249; amended to be effective March 1, 2016, 41 TexReg 1123; amended to be effective December 1, 2017, 41 TexReg 6082; transferred effective July 15, 2019, aspublished in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963; amended to be effective April 25, 2021, 46 TexReg 2437