SECTION 745.8401. Who may inspect or investigate an operation under this division?

(a) An authorized representative of Licensing may inspect or investigate:

(1) An operation that is subject to regulation under Texas Human Resources Code (HRC) Chapter 42 to:

(A) Monitor the operation's compliance with licensing statutes, rules, and minimum standards; and

(B) Investigate an allegation of non-compliance with licensing statutes, rules, and minimum standards; and

(2) An unlicensed program providing care to children to determine whether the program is subject to regulation by Licensing.

(b) An authorized representative of the Texas Department of Family and Protective Services (DFPS) may investigate an operation that is subject to regulation under HRC Chapter 42 to investigate an allegation of child abuse, neglect, or exploitation as described in Title 40, Part 19, Chapter 707, Subchapter C, Child Care Investigations.

(c) An authorized representative of Licensing may inspect under subsection (a) of this section during or after a DFPS investigation under subsection (b) of this section.

Source Note: The provisions of this §745.8401 adopted to be effective August 23, 2023, 48 TexReg 3990