SECTION 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?

Licensing considers the following factors when determining if a person, including the subject of a background check, or an operation is an immediate threat to the health or safety of children:

(1) The severity of the deficiency, including abuse or neglect;

(2) The circumstances surrounding the deficiency, including abuse or neglect;

(3) The seriousness of any injuries to children;

(4) The length of time since the deficiency, including abuse or neglect, occurred;

(5) Whether the deficiency has been repeated;

(6) The compliance history of the operation;

(7) The current regulatory status of the operation;

(8) How quickly corrections to the deficiency can be made;

(9) If any corrections have already been made;

(10) The role of the person in the abuse or neglect;

(11) The current position, role, and responsibilities of the person; and

(12) The degree and immediacy of the threat or danger.

Source Note: The provisions of this §745.751 adopted to be effective January 13, 2019, 43 TexReg 8142; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963