SECTION 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?

(a) When evaluating an application for a residential child-care license, Licensing must consider the previous five-year compliance history of a residential child-care operation that:

(1) Is applying for a new license in a different location;

(2) Is re-applying for a new license after voluntarily closing; or

(3) Had a change in ownership; and

(A) Any controlling person from the previous operation serves or intends to serve as a controlling person in the new operation; or

(B) A new owner, including a sole proprietor, either partner of a partnership, or any member of the governing body of a corporation, is related to a controlling person of the previous operation by a third degree of consanguinity or second degree of affinity as defined in §745.21 of this chapter (relating to What do the following words and terms mean when used in this chapter?).

(b) The five-year compliance history consideration required by this section must include and document information concerning a related residential child-care operation, including:

(1) The number of abuse, neglect, or exploitation intakes in the previous five years;

(2) The number of confirmed abuse, neglect, or exploitation findings in the previous five years;

(3) The number of citations issued for corporal punishment in the previous five years; and

(4) A narrative description of how this data and information was or will be considered.

(c) The five-year compliance history consideration required by this section is a component of the application evaluation and must be completed prior to the on-site inspection related to the application for a new license.

(d) The five-year compliance history collected under subsection (b) of this section may be considered in future extended compliance history reviews of a license granted pursuant to an application subject to subsection (a) of this section.

Source Note: The provisions of this §745.495 adopted to be effective June 13, 2021, 46 TexReg 3523