HHSC adopted emergency rules that went into effect on December 30, 2020, in response to a federal court order issued on December 18, 2020. Read the Heightened Monitoring Requirements Emergency Rules (PDF).
The court order highlighted concerns with residential child care operations that apply for a new license after:
- voluntary closure; or
- change of ownership and:
- any controlling person from the previous operation serves or intends to serve as a controlling person in the new operation; or
- 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 26 TAC §745.21.
In these circumstances, administrative rules in the Texas Administrative Code (TAC) have not required CCR to consider the previous operation’s compliance history before making a decision on the application.
The emergency rules address this concern by requiring CCR:
- to consider the five-year compliance history of the previous operation when an applicant for a general residential operation (GRO) or child-placing agency (CPA) license meets any of the criteria listed above and demonstrates an intent to obtain a contract with DFPS or an SSCC to provide care to children in the conservatorship of DFPS; and
- to place a newly licensed operation on heighted monitoring if the operation has a previous association with an operation that:
- met the criteria for heightened monitoring in the five years before closing or relocating; and
- did not successfully complete heightened monitoring.
Emergency rules are effective for 120 days and may be extended once for up to 60 days. During this timeframe, CCR will begin the normal rule promulgation process, which will offer opportunities for public comment.