SECTION 707.783. Who is considered a person responsible for a child's care, custody, or welfare for purposes of a child abuse, neglect, or exploitation investigation in a child care operation?

(a) Texas Family Code §261.001(5) includes the following as a "person responsible for a child's care, custody, or welfare" in a child care operation:

(1) Foster parent of the child;

(2) Personnel or a volunteer at a public or private child-care facility that provides services for the child or at a public or private residential institution or facility where the child resides; and

(3) An employee, volunteer, or other person working under the supervision of a licensed or unlicensed child-care facility, including a family home, residential child-care facility, employer-based day-care facility, or shelter day-care facility, as those terms are defined in Chapter 42, Texas Human Resources Code.

(b) For purposes of paragraph (3) of subsection (a), "an employee, volunteer, or other person working under the supervision of a licensed or unlicensed child-care facility" means any person working under the auspices of a child care operation and includes:

(1) Any employee or volunteer of the operation;

(2) Any person under contract with the operation;

(3) A director, owner, operator, or administrator of an operation;

(4) Anyone who has responsibility for the children in care;

(5) Anyone who has unsupervised access to the children in care;

(6) Anyone who regularly or routinely lives or is present at the operation; and

(7) Any other person permitted by act or omission to have access to children in care.

Source Note: The provisions of this §707.783 adopted to be effective July 15, 2020, 45 TexReg 4780