3100, Regulatory Process for Operations

3110 Requirements for Assessment of Risk

April 2010

Child care regulation involves the assessment of risk to children from the beginning phases of application and issuance. Licensing staff use a screening process to help ensure that the only persons who are granted permission to operate are those who are able to meet requirements of the:

  • licensing statute;
  • administrative rules; and
  • minimum standard rules.

3120 Documentation

Revision 23-3; Effective Sept. 22, 2023

CCR staff document all decisions and operation information related to the application and issuance process in CLASS.

CCR maintains external operation hard copy files to store external documents that are not available for viewing in CLASS (including in CLASS Document Library), or on the CCR Digital Storage SharePoint site.

See: 

1310 Content and Organization of Child Care Regulation Records   
Appendix 1000-1 Organizing Child Care Regulation Records

3121 Initiating an Application in CLASS

August 2021

Procedure

Within five calendar days of receiving an application, Child Care Regulation (CCR) staff initiate the application in CLASS by:

  • entering the application information when a paper application is submitted; or
  • searching for and adding an operation to CLASS when an e-application is submitted by an applicant seeking to operate a child care home.

Initiating an Application for an Unregulated Operation

When an unregulated operation that is the subject of a CCR investigation applies for a permit:

  • staff enter the Application Received Date on the Illegal Operation main page before entering the application information when a paper application is submitted; or
  • staff search for the open operation and select Update to CLASS when an e-application is submitted.

CCR staff ensure all information on the Main Operation page in CLASS is consistent with what is provided on the application including:

  • Operation name, location address, public and contact email addresses, and mailing address;
  • Operating Times;
  • Services Offered; and
  • Temporary Location details and Noncontiguous Campus details, if applicable.

3121.1 Documenting Fee Exemptions in CLASS

February 2020

An applicant is exempt from paying the application fee if the application is for:

  • a state-operated operation; or
  • a listed family home provider in which a relative child care provider provides care for a child in the child’s own home.

26 TAC §745.503

See also 5211 Exemption From Fees.

Procedure

Upon receiving the application and determining the applicant is exempt from paying the application fee, Licensing staff must indicate the operation is exempt from paying the application fee before saving the operation’s Main page for the first time. This will prevent CLASS from generating and sending an Application Fee Invoice to the applicant.

Application for a State Operated Operation

Licensing staff indicate that an operation is exempt from fees using the instructions in the table below:

For a Residential OperationFor a Day Care Operation
Select “Yes” from the Exempt from Operations Fee drop-down box on the operation’s Main page in CLASS.Select the radio button State Operated Exempt from Fee.

Application for a Listed Family Home Providing Care in the Child’s Home

Licensing staff exempt a listed family home from paying all fees after HHSC has received a Texas Workforce Commission (TWC) Listed Home Fee Waiver Authorization certificate exempting the provider from paying fees. TWC is responsible for determining whether a listed family home is a relative child care provider that would be exempt from fees; if TWC has made that determination, Licensing staff do not need to take any other steps to determine whether the home is exempt from paying fees.

To indicate that a listed family home is exempt from paying fees in CLASS, Licensing staff:

  1. Select Yes from the Relatives Only box on the Registered and Listed Homes Main Operation page.
  2. Select Yes from the Exempt from Operations Fee drop-down box on the Registered and Listed Homes Main Operation page.
  3. Complete a Chronology (type Fees), indicating receipt of the TWC approval form and that the operation is exempt from fees.

A listed family home that is a relative child care provider is not exempt from paying fees if the home provides care to a related or unrelated child in the caregiver’s home.

3130 The Application Process

September 2012

Procedure

The application process includes all of the following:

  1. The pre-application interview or orientation class (not required for certificates, compliance certificates, or listings).
  2. Submission of the application materials.
  3. The posting of public notice and compliance with hearing requirements for residential child care operations (if applicable).
  4. Review of the application for completeness.
  5. Acceptance of the application as complete, or return of the application if it is incomplete.
  6. A determination by CCR of the applicant’s compliance with rules, including minimum standards and statutes.
  7. The decision to issue or deny a permit.

26 TAC §745.211

3140 Public Notice and Hearing Requirements for General Residential Operations

July 2021

 

3140.1 Public Notice and Hearing Requirements for General Residential Operation Applicants

July 2021

Generally, an applicant for a permit to operate a general residential operation located in a county with a population of less than 300,000 is subject to the public notice and hearing requirements. Exceptions related to trafficking victim services:

  • Any information relating to the provision of those services is confidential.
  • If the applicant intends to provide treatment services to children with emotional disorders, the applicant is not required to disclose any information relating to the provision of trafficking victim services during the public hearing.
  • If the applicant does not intend to provide treatment services, or to children with emotional disorders, the public hearing requirement is waived altogether if the applicant also intends to provide trafficking victim services at the operation.  However, the operation will have to meet public hearing requirements if it never provides or ceases to provide trafficking victim services. In those circumstances, the inspector consults with the supervisor regarding what steps to take for the operation to comply with the public hearing requirements.

Texas Human Resources Code §§42.046142.046242.253

26 TAC §745.273

3140.2 Public Notice and Hearing Requirements for General Residential Operation Permit Holders

July 2021

A general residential operation located in a county with a population of less than 300,000 is subject to public notice and hearing requirements when requesting to amend its permit to:

  • increase capacity; or
  • begin providing treatment services to children with emotional disorders.

Exceptions related to trafficking victim services:

  • Any information relating to the provision of those services is confidential.
  • If the operation provides or intends to provide treatment services to children with emotional disorders, the operation is not required to disclose any information relating to the provision of trafficking victim services during the public hearing.
  • If the operation does not provide, or intend to provide, services to children with emotional disorders, the public hearing is waived altogether if the operation provides trafficking victim services, or intends to provide trafficking victim services, in relation to the increase in capacity. However, the operation will have to meet public hearing requirements if it never provides, or ceases to provide, trafficking victim services. In those circumstances, the inspector consults with the supervisor regarding what steps to take for the operation to comply with the public hearing requirements.

Texas Human Resources Code Section 42.0461

26 TAC  Section 745.273

3141 General Requirements for Public Hearing and Notice

July 2021

When to Publish Notice

The applicant or permit holder subject to the requirements must publish the notice for a public hearing after:

  • CCR accepts an application for a permit;
  • an inspector evaluates a request to amend the permit to increase capacity; or
  • an inspector evaluates a request to amend the permit to offer treatment services to children with emotional disorders.

The content required in the notice must align with the requirements outlined in 26 TAC Section 745.275.

Time Frames for Holding a Public Hearing

The time frames for holding the public hearing is based on the purpose of the hearing and are outlined in the following chart:

If the purpose of the hearing is toThen the hearing must be held
apply for a permit . . .no later than one month after the date the application is accepted.
amend the permit to increase capacity . . .after CCR has evaluated the request for an amendment.
amend the permit to begin providing treatment services to children with emotional needs . . .after CCR has approved the completed GRO-Additional Operation Plan.

Scheduling and Holding the Hearing

An applicant or permit holder that is subject to public notice and hearing requirements is required to:

  • hold a public hearing in a location that is easily accessible to the community where the services are or will be provided;
  • schedule the hearing so that it is open it for at least four hours during the normal business day (a day on the Monday through Friday workweek) or early evening hours; and
  • facilitate the public hearing.

If the applicant is a general residential operation that intends to provide treatment services to children with emotional disorders, the operation may not schedule the hearing until after the inspector approves the applicant’s operational plan outlined in Form 2960, Application for a License to Operate a Residential Child Care Facility, Attachment C (see 3223.3 Additional Requirements for General Residential Operation Applications).

During an active declaration of a state of disaster, Texas Government Code §418.014, a public hearing may be held in a manner that allows remote participation.

Texas Government Code §418.014

26 TAC §745.275(b)  

Providing Notification of the Hearing

At least 10 days before the date of the public hearing, the applicant publishes the notice in a newspaper of general circulation and notifies the CCR inspector of the time, date and location of the hearing.

At least 10 work days before the hearing, the applicant or permit holder provides a copy of the notice in the community where the child care services are or will be provided to the:

  • school district superintendent;
  • governing body of the community; and
  • local law enforcement agency.

26 TAC §§745.201(2)745.275

3142 CCR’s Role During the Public Hearing

July 2021

The inspector attends the public hearing in an official capacity for the purpose of receiving public comments.

CCR attends the public hearing as an observer. The inspector may answer questions about CCR policy and procedures; otherwise, the applicant or permit holder responds to questions.

Texas Human Resources Code §42.0461

26 TAC §745.275

3143 Verbatim Record and Report of Public Comment from the Community

July 2021

Within 10 work days of the hearing, the applicant or permit holder submits to the inspector a verbatim record of the hearing and a completed comment summary report on Form 2997, Results of Public Hearing.   

The CCR inspector reviews the report to ensure it includes all contents required by 26 TAC §745.275(3) before issuing or amending the permit.

If the applicant or permit holder does not submit the report within the time frame, CCR staff may deny the operation a permit, deny the request to increase capacity or deny the request to add treatment services for emotional disorders to the permit, as applicable (see 3223.3 Additional Requirements for Certain General Residential Operation Applications).

26 TAC §745.277

Texas Human Resources Code §42.0461 

3150 “No Trespassing” Signs for Certain General Residential Operations

Revision 23-2; Effective June 26, 2023

A general residential operation that provides treatment services to children with emotional disorders must post “No Trespassing” signs at certain locations on or near the grounds of the operation, including parallel to and along the exterior boundaries, any roadway or other way to access the grounds, at least every 500 feet along the exterior boundaries of unfenced grounds, each entrance to the grounds, and conspicuous places likely to be viewed by intruders. 

See Definitions of Terms for residential treatment center

26 TAC Section 748.3319

Texas Human Resources Code Section 42.068

Procedure

Collecting Sign Information

If the applicant or permit holder requests that CCR provide the “No Trespassing” signs, CCR staff provide the operation a link to an online survey that collects the information about the operation and the number of signs needed. CCR staff provide the link to the survey and document in CLASS as follows:

When CCR Staff Provide the Survey LinkHow to Document in CLASS
During an inspection, including during the application inspection.As Technical Assistance according to 4154.2 Documenting Technical Assistance.
When the operation requests a replacement sign.As a chronology entry, if the operation needs to request the signs outside of an inspection.
If the operation needs additional signs because it increased capacity or changed location.As a chronology entry if the operation needs to request the signs outside of an inspection.

The survey collects the following information:

  • how many signs the operation will need;
  • the name the operation will display on the signs; and
  • the address the operation will display on the signs.

If the operation provides or intends to provide human trafficking services, the operation is not required to list the name and address of the operation on the signs. 
A Residential Child Care Regulation program specialist receives the survey results and requests the order from the print shop. The print shop then mails the required signs to the operation.

See 3324 Providing the Survey Link for “No Trespassing” Signs Information

3200, Processing the Application for a License Certificate, Compliance Certificate, Registration, or Listing Permit

3210 Orientation, Inquiry Meeting, or Pre-Application Interview

September 2015

The pre-application interview (also known as orientation or an inquiry meeting) teaches a potential applicant or governing body designee about the application process, CCR requirements, and administrative procedures.

26 TAC §745.213

3211 When a Pre-Application Interview is Required

August 2020

A pre-application interview is required for an applicant or applicant’s governing body designee seeking a license, certificate, or registration. For a registration, a pre-application interview must have been completed within one year before the application date.

An applicant for a listing may attend a pre-application interview for registered and licensed child care homes, but is not required to do so.

The pre-application interview is not available to applicants for a compliance certificate to operate a small employer-based child care facility or a shelter care facility.

26 TAC §§745.211745.243

Procedure

If a potential applicant has not attended a pre-application interview, CCR staff may schedule one for the potential applicant who inquires.

CRR staff should encourage the potential applicant to attend a class to take advantage of the class’s benefits. However, if a hardship situation prevents the potential applicant from attending, and there are sufficient resources, CCR staff gives the potential applicant the option of meeting this requirement at a one-on-one meeting with an inspector.

3212 Approved Locations for a Pre-Application Interview

September 28, 2018

The inspector may hold the pre-application interview for a child care permit:

  • at an HHSC office;
  • at the applicant’s or potential applicant’s office;
  • at the potential site for the operation;
  • as a group meeting, with other CCR staff or HHSC representatives, at any of the locations identified above; or
  • as a telephone interview, if meeting in person is not possible.

26 TAC §745.215

3213 Topics Covered and Forms Provided During the Pre-Application Interview

July 2021

During a pre-application interview with a person interested in running a child care operation, the inspector explains the following information, at minimum:

  • If an application is returned three times within one year because it is incomplete, the applicant must wait one year before submitting another application.
  • The inspector has 21 days to review each submission for completeness.
  • After an application is accepted, the inspector has two months to decide whether to issue or deny a permit.
  • An initial license may be issued so that the operation can be evaluated before it is issued a full license.
  • The inspector explains the administrative procedures to be followed and the requirements to be met under the permit, including:
    • governing body responsibilities;
    • controlling person requirements and responsibilities;
    • liability insurance requirements; and
    • background check responsibilities.

The inspector also discusses the criteria an operation would have to meet to be exempt from CCR regulation.

See:

2200 Types of Child Care Permits and Multiple Operations 
2300 Determining Whether a Program Is Subject To or Exempt from Regulation 
26 TAC §§745.37745.113745.213

3213.1 Governing Body and Licensing Responsibilities

March 2017

Procedure

At the pre-application interview, the inspector explains to the applicant or the applicant’s governing body designee that the governing body:

  • is responsible for maintaining compliance with statutes, administrative rules, and minimum standards; and
  • must complete and submit a separate application for each operation subject to regulation that it plans to operate.

Licensing informs the governing body of any enforcement action that may be taken against the operation if it fails to maintain compliance with statutes, administrative rules, and minimum standards.

3213.11 Additional Information for Child Day Care Governing Body Responsibilities

September 28, 2018

Procedure

At the pre-application interview for a child day care operation, the inspector explains all of the following.

The applicant or the applicant’s governing body designee must submit Form 2911 Child Care Licensing Governing Body/Director Designation with the application.

The applicant or applicant’s governing body designee, the permit holder, or the governing body designee must:

  • submit a personal history statement each time a new director is named;
  • notify CCR no later than five days after a change is made regarding a director;
  • submit Form 2911 or designate a new director through the provider's online Child Care Licensing Account within 10 days of designating the director;
  • submit changes in the governing body or the director designation on Form 2760 Controlling Person - Child Care Regulation or through the provider’s online Child Care Licensing Account within two days in accordance with controlling person requirements (see 3213.2 Controlling Person Responsibilities); and
  • indicate on Form 2911 or through the provider’s online Child Care Licensing Account whether all routine correspondence should be sent to the head of the governing body (see Appendix 3000-1: Notifying the Operation, for others who must receive routine correspondence).

26 TAC §§744.303744.1037745.903746.303746.1039

3213.12 Additional Information for Residential Child Care Governing Body Responsibilities

September 28, 2018

Procedure

At the pre-application interview for a residential operation, the inspector explains all of the following to the applicant or the applicant’s governing body designee.

Reporting a Change of Administrator

A general residential operation or child-placing agency must have a full-time licensed administrator.

The applicant or applicant’s governing body designee, the permit holder, or the governing body designee must report any change of administrator within seven days after the change. This must be done in writing using Form 2819 Residential Child Care Licensing Governing Body/Administrator or Executive Director Designation, or through the provider’s online Child Care Licensing Account.

26 TAC §§748.103748.307(3)749.103749.507(3)749.633

Reporting a Change of Governing Body or Administrator

The applicant or applicant’s governing body designee, the permit holder, or the governing body designee must inform Licensing if the governing body or the administrator changes. This must be done within two days of the change, in accordance with requirements for controlling persons.

Licensing may be notified by using Form 2760 Controlling Person - Child Care Regulation or through the provider’s online Child Care Licensing Account.

See 3213.2 Controlling Person Responsibilities.

40 TAC §745.903

Reporting Policy Changes

The applicant or applicant’s governing body designee or the permit holder must report any significant change in the policies to Licensing at least seven days before implementing the change. See 4700 Reviewing Operation Policies.

If the change requires amending the permit, the amendment must be approved by Licensing before the change is implemented.

26 TAC §§748.63748.1203749.63750.61750.151(f)

Staffing Plan

The applicant or applicant’s governing body designee or the permit holder must have a written professional staffing plan and must hire qualified staff to meet minimum standards.

26 TAC §§748.501749.601

3213.2 Controlling Person Responsibilities

September 28, 2018

Procedure

At the pre-application interview, the inspector explains the following to the applicant or applicant’s governing body designee:

  • who qualifies as a controlling person; and
  • what his or her roles and responsibilities are with an operation.

The inspector also informs the applicant that controlling person information must be submitted:

  • online through the provider's online Child Care Licensing Account or by using Form 2760 Controlling Person - Child Care Regulation, with the application; and
  • within two days each time a person becomes, or ceases to be, a controlling person at the operation thereafter.

26 TAC §§744.305(a)(6)746.305(a)(6)747.303(a)(6)748.103(a)(13)749.103(18)750.103(11)

40 TAC §§745.901745.903745.907

See 5400 Controlling Person.

3213.3 Background Check Responsibilities

September 2015

Procedure

At the pre-application interview, the inspector informs the applicant or applicant’s governing body designee that a background check, including a criminal history check, is conducted on applicants and household members.

The inspector explains which individuals living or working in an operation require an FBI fingerprint check, and that certain criminal convictions and Central Registry findings preclude applicants from getting a permit.

Texas Family Code §264.8521

Human Resources Code §42.056

26 TAC §§745.605745.609

3213.4 Payment of Fees

February 2020

During the pre-application interview, the inspector:

  1. explains the requirements for paying fees during the application period; and
  2. instructs the applicant that upon receipt of the Application Fee Invoice to pay the fee either:
    1. online through the provider’s Child Care Licensing account; or
    2. by mail with a cashier’s check, corporate check, money order or certified check, with the bottom portion of the invoice, to HHSC Accounts Receivable.

See also 5211 Exemptions From Fees

Texas Human Resources Code §42.054

26 TAC §745.517

3213.5 Liability Insurance

July 2021

During the pre-application interview for a prospective licensed, registered or listed operation, the inspector informs the applicant or the applicant’s governing body designee of the following requirements related to liability insurance:

  • the coverage required and exceptions for not having liability insurance;
  • if the operation does not have or stops carrying liability insurance:
    • how and when the operation must notify parents; and
    • failure to provide this notification will result in an administrative penalty;
  • the operation must verify liability insurance coverage with CCR annually by the anniversary date of the initial license (licensed operations) or full permit (registered or listed operations);
  • how the annual verification of liability insurance may be completed; and
  • the operation must provide documentation of liability insurance coverage from the insurance company:
    • with the application; and
    • annually by the anniversary date of the initial license (licensed operations) or full permit (registered and listed operations).

See also 4600 Evaluating Compliance with Liability Insurance Requirements

Texas Human Resources Code §§42.04942.0495

26 TAC §§745.249745.251745.253

3213.6 Additional Information

July 2021

See "Additional Information, Forms, and Materials for Pre-Application Interview" on the CCR SharePoint site.

3214 Handling Original Certificates of Completion

August 2020

Procedure

After completion of the pre-application interview, the inspector provides the applicant with a certificate of completion.

3220 Reviewing and Accepting the Application for a Permit

Revision 23-3; Effective Sept. 22, 2023

CCR staff:

  • determine whether the applicant is eligible to apply;
  • review and process the application in a timely manner;
  • notify the applicant in writing of acceptance of the application and, if necessary, the reason for any delays; and
  • upload application files for the operation in CLASS Document Library when:
    • staff receive an application for an RC operation; or
    • staff accept an application for a DC operation.

If CCR staff receive a paper application, CCR staff convert the paper application to a PDF file and upload the application to CLASS Document Library according to 1310 Content and Organization of Child Care Regulation Records.

See: 

1430  Documenting and Storing Photographs, Video, Audio, Scanned Documents and Other Digital Files
1431  Documenting Photographs, Video, Audio, Scanned Documents and Other Digital Files
1432  Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files in CLASS Document Library

3221 Time Frame for Reviewing and Making a Decision on the Application

April 2022

Procedure

Within 21 days of receiving the application for a license, certificate, registration, or listing, and within 10 days of receiving the application for a compliance certificate, the CCR staff notifies the applicant in writing that:

  • the application is complete and accepted by mailing CLASS Letter 2875 App Received and Accepted;
  • the application is incomplete;
  • the applicant is ineligible to apply for a permit;
  • there is good cause to delay the time frame for making a determination on the application; or
  • CCR recommends withdrawal of the application.

Texas Human Resources Code Section 42.046

26 TAC Section 745.301

Military Member, Military Spouse or Military Veteran

CCR staff processes an application for a military member, military spouse or military veteran as soon as possible within the required time frame. To determine whether an applicant qualifies under one of these categories, follow the requirements related to administrator licensing in 9310 Additional Required Documentation if the Applicant is a Military Member, Military Spouse or Military Veteran Requesting Expedited Licensure or Special Considerations.

See also:

3221.1 Good Cause to Exceed the Time Frame for Processing an Application 
3222 How to Determine Whether the Applicant Is Eligible to Apply 
3223 Evaluating an Application for Completeness 
3225 Returning an Application 
3226 When to Delay a Decision on an Application 
3230 Withdrawal of an Application for a Permit

3221.1 Good Cause to Exceed the Time Frame for Processing an Application

Revision 22-4; Effective Sept. 20, 2022

CCR may have good cause to exceed its time frame for processing an application if:

  • there are at least 15% more applications being processed than in the same quarter of the previous year;
  • the delay is caused by another public or private entity that must be relied on to process all or part of the applications received;
  • the operation is the subject of a pending investigation; or
  • other conditions exist that give good cause for exceeding the time frames.

See 3226 When to Delay a Decision on an Application.

26 TAC Section 745.327

3222 How to Determine Whether the Applicant Is Eligible to Apply

Revision 23-4; Effective Nov. 30, 2023

To determine whether an applicant is eligible to apply for a license, certificate, registration or listing permit, see the circumstances and actions described in the following table:

If …Then …
CCR revoked, denied or refused to renew a permit for a substantive reason…the applicant is not eligible to reapply for five years from the date the revocation, denial or refusal to renew the permit became final.
CCR returned an application for the third time as incomplete within the past year…the applicant may not reapply for one year from the date the third application was returned as incomplete.
CCR sustained the applicant as a controlling person within the previous five years…the person is ineligible to apply for a permit because of an adverse action that was sustained during the previous five years.
the applicant was a permit holder or controlling person who had a permit denied, revoked, suspended or terminated by a state health and human services agency in the last 10 years…depending on the circumstances that led to the previous denial, suspension, revocation or termination, the applicant may not be eligible to apply. Note: CCR staff consult with a supervisor to determine the applicant’s eligibility to apply in this scenario.

the applicant seeking a permit for a day care home: 

  • is younger than 18 years old (if a listing permit); or 
  • is younger than 21 years old (if a registration or license); and
  • will not meet the age requirement within the time frame noted in 3221 Time Frame for Reviewing and Making a Decision on the Application…
the applicant is ineligible to apply.

26 TAC Sections 745.303, 745.403, 745.911

Texas Human Resources Code Section 42.072

Texas Government Code, Chapter 531, Subchapter W

Procedure

Global Person Search and Review of Other Electronic and Hard Copy Records

CCR staff conduct a Global Person Search in CLASS to verify information submitted in the application packet. Staff also review electronic records maintained on the CCR Digital Storage SharePoint site, in CLASS Document Library and, if available, hard copy records maintained in CCR offices.

CCR staff review five years of information from the date the application was received. Staff use available information, such as a Certificate of Formation and other documentation, to cross-check the names of the entity given on the application.

If the applicant is eligible to receive a permit, CCR staff document: 
•    that the applicant is eligible to apply;
•    a summary of the review of records; and 
•    any consultations as a Chronology in CLASS (type Application).

If the applicant is not eligible to apply for a permit, staff do not accept the application. Staff inform the applicant in writing of their ineligibility by generating a letter in CLASS using the HHSC letterhead.

If CCR staff detect any discrepancies between information entered on the application and supporting forms, CCR staff follow procedures in 3223.1 If the Application is Incomplete or Contains Errors. 

Additional Global Person Searches for Applicants for a Residential Child Care Operation Who Intend to Care for Children in the Conservatorship of DFPS

In addition to the applicant, CCR staff conduct a Global Person Search in CLASS for each:

  • owner, including a sole proprietor or each partner in a partnership;
  • governing body member, as identified on Form 2819 Residential Child Care Regulation Governing Body/Administrator or submitted through the provider’s online Child Care Regulation Account; and
  • controlling person, as identified on Form 2760 Controlling Person – Child Care Regulation or submitted through the provider’s online Child Care Regulation Account.

Adverse Action Record Sharing (AARS) Search

During the application process, staff conduct a search of the AARS system to determine if any controlling person associated with the application had a permit denied, revoked, suspended, refused to renew or terminated by a state health and human services agency in the last 10 years.

See:

1430  Documenting and Storing Photographs, Video, Audio, Scanned Documents and Other Digital Files
1431  Documenting Photographs, Video, Audio, Scanned Documents and Other Digital Files
1432  Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files in CLASS Document Library
1500  Conducting a Search in CLASS 
5431  Processing Information on a Controlling Person During the Application Process
5441  Searching for a Controlling Person in the AARS System and Documenting the Results

3223 Evaluating an Application for Completeness

Revision 23-2; Effective June 26, 2023

Procedure

CCR staff review the information supplied on the applicable application form and attachments for completeness:

  • Form 2841 Small Employer-Based Child Care or Temporary Shelter Child Care Facility Application
  • Form 2910 Application for a License or Certification to Operate a Child Day Care Facility
  • Form 2919 Request for a Registration Permit
  • Form 2960 Application for a License to Operate a Residential Child Care Facility including, as appropriate:
  • Form 2986 Listing Permit Request

For information about what a complete application consists of, see Required Application Materials on the CCR SharePoint site.

See also:

3140 Public Notice and Hearing Requirements for General Residential Operations
3223.1 If the Application is Incomplete or Contains Errors 
3230 Withdrawal of an Application for a Permit 
3321 Denial of a Permit or Amendment for Failure to Comply with Public Notice and Hearing Rules 
3225 Returning an Application 
Instructions for Completing Form 2960 Attachment C

3223.1 If the Application is Incomplete or Contains Errors

Revision 23-3; Effective Sept. 22, 2023

CCR staff review and determine if the application is complete or contains errors. Staff do not accept an application that is incomplete or contains errors. Staff attempt to contact the applicant to resolve minor errors or omissions.

Procedure

Applications for a Day Care Operation:

CCR staff and the applicant for a day care operation communicate about an incomplete application through face-to-face meetings, phone calls, emails, text messages, or a combination of these methods. Staff document the communications in a Chronology in CLASS (type: Application) and upload any email or electronic information to the CLASS Document Library. 
Depending on the extent of the errors or missing information, staff either:

  • make the necessary changes after speaking to the applicant; or
  • return the application and request that the applicant make the changes and resubmit the application.

If the applicant authorizes staff to make a minor change or addition to an incomplete application, staff date and initial any changes made.

Applications for a Residential Child Care Operation:

Staff and the applicant for a residential operation communicate about an incomplete application through face-to-face meetings, phone calls, emails or a combination of these methods.

If the applicant communicates with staff via a text message, residential CCR staff:

  • respond to the applicant through face-to-face meeting, phone call or email;
  • document the communication in a Chronology in CLASS (type Application); and
  • upload any email or electronic information to CLASS Document Library.

Depending on the extent of the errors or missing information, staff either:

  • make the necessary changes after speaking to the applicant; or
  • return the application and request that the applicant make the changes and resubmit the application.

If the applicant authorizes staff to make a minor change or addition to an incomplete application, staff date and initial any changes made.

See: 

1310  Content and Organization of Child Care Regulation Records
1430  Documenting and Storing Photographs, Video, Audio, Scanned Documents and Other Digital Files
1431  Documenting Photographs, Video, Audio, Scanned Documents and Other Digital Files
1432  Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files in CLASS Document Library 
Appendix 1000-1  Organizing Child Care Regulation Records

26 TAC Section 745.301

Texas Human Resources Code Section 42.047

3223.11 Providing Technical Assistance When an Application is Incomplete or Contains Errors

May 2021

The inspector provides technical assistance to the applicant each time the application is returned. Technical assistance includes setting a time limit for when the application must be resubmitted.

3223.2 Determining if the Governing Body on the Application is Accurate

May 2020

If the inspector suspects the applicant made an error in noting the type of governing body for the operation, then the inspector consults with his or her supervisor. The inspector and supervisor consult with Legal, if needed. If staff determine that the applicant made an error in choosing the type of governing body, the inspector follows 3223.1, If the Application is Incomplete or Contains Errors. Once the inspector determines the correct governing body type, the inspector enters the Type of Governing Body on the Governing Body Designation page in CLASS.

If an operation’s governing body may have changed to another type of entity, the inspector consults with his or her supervisor and, if needed, Legal, to determine if a change in ownership occurred (see 3833 Change of Ownership).

3223.3 Additional Requirements for Certain General Residential Operation Applications

July 2021

When CCR receives an application for a permit to operate a general residential operation that intends to provide treatment to children with emotional disorders, the inspector reviews the application materials as soon as possible. If Form 2960, Application for a License to Operate a Residential Child Care Facility, Attachment C, General Residential Operations - Additional Operational Plan, was not submitted with the application, the inspector:

  • calls the applicant;
  • provides the applicant a copy of Form 2960, Attachment C; and
  • requests the applicant submit a completed Form 2960, Attachment C, within five days.

An application for a general residential operation that intends to provide treatment services to children with emotional disorders is considered complete after the inspector has:

  • reviewed all application materials for completeness;
  • ensured that policies required to be submitted with the application comply with minimum standards; and
  • documented the approval of the operational plan submitted on Form 2960, Attachment C, General Residential Operations – Additional Operational Plan.

3223.31 Reviewing the GRO Operational Plan

July 2021

The inspector reviews Form 2960, Application for a License to Operate a Residential Child Care Facility, Attachment C, to determine if the operational plan is adequate or whether to recommend changes to the plan that may improve the operation’s relationship with the community where the GRO will be located.

The inspector discusses concerns with the applicant, returns the application and requests changes be made if the inspector:

  • has concerns with the applicant’s operational plan;
  • has recommended changes to the operational plan that could improve the operation’s relationship with the community where the operation will be located; or
  • the policies submitted with the application do not comply with minimum standards.

The inspector’s discussion with the applicant includes:

  • the nature of the changes needed;
  • a date by which the applicant must resubmit the application materials;
  • informing the applicant that CCR must approve the operational plan before approving the application and before the operation can schedule the public hearing; and
  • a description of any other application materials that the applicant must resubmit.

If the applicant is unable or unwilling to provide an acceptable operational plan, the inspector:

  • staffs the issue with the supervisor at least five days before the date the inspector must return the application; and
  • documents the staffing in a CLASS chronology entry (type Application).

3223.32 Documenting the Approved GRO Operational Plan for Applicants

Revision 23-3; Effective Sept. 22, 2023

After determining that the operational plan documented on Form 2960, Application for a License to Operate a Residential Child Care Facility, Attachment C, General Residential Operations – Additional Operational Plan, is adequate and before accepting the application, the inspector:

  • documents approval of the operational plan in CLASS in a chronology entry (type Application); and
  • uploads Form 2960, Attachment C to the CLASS Document Library site as outlined in 1310 Content and Organization of Child Care Regulation Records.

See:

1430  Documenting and Storing Photographs, Video, Audio, Scanned Documents and Other Digital Files
1431  Documenting Photographs, Video, Audio, Scanned Documents and Other Digital Files
1432  Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files in CLASS Document Library 

3224 Accepting the Application

Revision 23-3; Effective Sept. 22, 2023

CCR staff accept the application when:

  • the application is determined to be complete (see the Required Application Materials document on the CCR SharePoint site); and
  • the materials submitted show compliance with relevant statutes, rules and minimum standards.

Procedure

CCR staff:

  • accept the application in CLASS on the Application/Issuance page; and
  • send CLASS Letter 2875 App Received and Accepted to the applicant stating that the application is complete and accepted.

Day care CCR staff create a file for the operation on the CLASS Document Library after accepting the application. 

See:

1310  Content and Organization of Child Care Regulation Records
1430  Documenting and Storing Photographs, Video, Audio, Scanned Documents and Other Digital Files
1431  Documenting Photographs, Video, Audio, Scanned Documents and Other Digital Files
1432  Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files in CLASS Document Library 
Appendix 1000-1 Organizing Child Care Regulation Records

26 TAC Section 745.243 

3225 Returning an Application

February 2020

The inspector returns an application if:

  • some of the required materials have not been submitted;
  • some of the materials are not filled out completely; or
  • the inspector cannot verify that the operation has paid the application fee.

See 5240 Verification of Fee Payments.

3225.1 Returning an Application for the First or Second Time

August 2020

If the application is incomplete, staff notifies the applicant by mailing CLASS letter 2870 App Return (First or Second). The notification letter must explain what information is needed to complete it and a time frame by which to resubmit the corrected application materials.

Once a subsequent application is received, staff has 21 days from the second receipt date of an application for a license, certificate, registration, or listing and 10 days from the second receipt date of an application for a compliance certificate to:

  • review the revised application materials;
  • send written notice acknowledging the application is complete and accepted or that the application is incomplete with an explanation of what information is needed and a time frame to complete it; and
  • verify that the operation has paid the application fee if verification was not done previously.

For an operating applicant, staff follows up to ensure that:

  • the application is resubmitted; or
  • care for children is discontinued.

See Job Aid, How to Return an Application, on the CCR SharePoint site, especially for information concerning e-applications or when an applicant has not been responsive to CRR's attempts to contact the applicant.

See also:

3223.1 If the Application is Incomplete or Contains Errors 
CLASS Online Help: Record an Application Decision

3225.2 Handling Applications Returned for the Third Time in a Year

Revision 22-4; Effective Sept. 20, 2022

If three applications are returned within a period of one year because they are incomplete or contain errors, an applicant may not reapply until one year from the date the last application was returned as incomplete. This applies to applications for a license, certificate, registration, and listing permits.

26 TAC Section 745.303

Procedure

When an application is returned for the third time as incomplete, CCR staff:

  • sends CLASS Letter 2887 App Return (Final) to the applicant stating that HHSC rules prohibit applying for a license, certificate, registration, or listing permit for one year from the date a third application was returned as incomplete;
  • includes in the notification the earliest date on which the individual may reapply for a license, certificate, registration, or listing permit; and
  • conducts a follow-up inspection within 15 days of returning the application to verify the operation is closed.

See also:

3230 Withdrawal of an Application for a Permit 
4320 Following Up with an Inspection 
CLASS Online Help: Recording an Application Decision

3226 When to Delay a Decision on an Application

September 2015

Procedure

The inspector delays a decision on an application in the following situations:

  • The operation is being investigated because of a report alleging violations of statutes, administrative rules, minimum standards, or abuse or neglect. The inspector must not accept the application until the investigation is complete.

26 TAC §745.327

  • A background check match has been received, and the match is still being investigated for an applicant or non-client household member.
  • The applicant is seeking a permit for a day care home and is younger than 18 years of age (if a listing permit) or 21 years of age (if a registration or license), but will meet the age requirement within the time frame noted in 3221 Time Frame for Reviewing and Making a Decision on the Application.

When there is a delay in making a decision on an application, the inspector notifies the applicant via phone, email, or regular mail and documents the correspondence in CLASS chronology.

3226.1 Reasons to Delay a Decision Specific to Residential Child Care Applications

September 2015

The inspector determines whether the applicant:

  • has had a residential child care operation permit revoked in another state; or
  • is barred from operating a residential child care operation in another state.

This is accomplished by reviewing:

  • Form 2960 Application for a License to Operate a Residential Child Care Facility; or
  • Form 2982 Personal History Statement.
  • If the inspector’s review of the information from the other state is not complete, the inspector delays a decision on an application.

If the information provided by the applicant shows that the revocation or bar from operating in another state may have taken place for reasons similar to those for which CCR would take adverse action, the inspector researches the out-of-state history.

The inspector documents the review in CLASS by selecting the checkbox for the Out-of-State RC Revocation or Bar indicator on the Application/Closure page in CLASS, and enters additional information in the CLASS chronology.

The inspector or supervisor takes one or more of the following actions:

  • If more information is needed, the inspector discusses the reasons for the action with the applicant.
  • The inspector contacts the authority in the state where the action took place to obtain additional information.
  • If adverse action is recommended, the inspector consults with the supervisor, and the supervisor consults with a CCR attorney. The CCR attorney may need to review the appropriate state’s regulatory structure to validate a negative compliance history.
  • If denial of the residential license is recommended, the inspector denies the person a permit according to procedures in 7600 Adverse Actions. The inspector documents the reason for denial in the Corrective and Adverse Action History page in CLASS as a Denial Due to Out-of-State History.
  • If the review of the out-of-state history exceeds the time frame required under 3220 Reviewing and Accepting the Application for a Permit, the inspector obtains approval from the supervisor and documents it in the CLASS chronology.

Texas Human Resources Code §42.046(e)

26 TAC §745.8605

When there is a delay in making a decision on an application, the inspector notifies the applicant via phone, email, or regular mail and documents the correspondence in CLASS chronology.

3230 Withdrawal of an Application for a Permit

 

3231 When an Applicant Withdraws an Application

Revision 23-4; Effective Nov. 30, 2023

An applicant may withdraw his or her application before CCR issues or denies the permit if the operation:

  • is not operating and has no plans to open;
  • has decided to apply for a different type of permit;
  • needs additional time to comply with statutes, administrative rules, or minimum standards (the applicant may reapply when ready to proceed); or
  • submitted a background check for a person who has an unsustained Central Registry finding that would be eligible for a risk evaluation if sustained, and the CBCU indicates that a risk evaluation would likely not be approved. See 3312 Conducting Background Checks.

26 TAC Sections 745.5001(b)(1); 745.5051(1)

Procedure

When a request to withdraw an application is received from an applicant, CCR staff confirm the request in writing on CLASS Form 2802 Application Withdrawal Letter.

If the applicant was providing care, the inspector conducts a follow-up inspection within 15 days of the date of withdrawal to verify that the operation has closed.

Refunding Fees

The application fee cannot be refunded, but the initial license fee is refunded if already paid. If the applicant reapplies within 30 days for the same type of operation, a new application fee is not necessary.

26 TAC Sections 745.401 and 745.519(2)

See:

4320 Following Up with an Inspection
5270 Fee Refund Guidelines
7600 Adverse Actions

3231.1 Basis to Deny a Permit for an Unsustained Central Registry Finding

Revision 22-4; Effective Sept. 20, 2022

Unless the applicant withdraws the application, the CCR staff must deny the applicant a permit if:

  • a Central Registry search returns an unsustained finding that would be eligible for a risk evaluation if sustained; and
  • the CBCU indicates that a risk evaluation would likely not be approved.

See 10451.1 When Monitoring Staff May Request a Risk Evaluation Prediction

3232 When CCR Recommends Withdrawal of an Application

Revision 22-4; Effective Sept. 20, 2022

CCR staff may recommend an applicant withdraw the application when:

  • CCR cannot meet the time frame for accepting an application or issuing the permit because the applicant does not meet the requirements for acceptance or issuance; and
  • there is not good cause to exceed the time frame.

Procedure

If the applicant agrees to withdraw the application, CCR staff confirms the withdrawal request in writing on CLASS Letter 2802 Appl Withdrawn Letter.

If the operation is currently providing care, the inspector conducts a follow up inspection within 15 days of the date of withdrawal to verify that the operation has closed.

See:

3221.1 Good Cause to Exceed the Time Frame for Processing an Application 
3411 Good Cause to Exceed the Time Frame for Issuing a Permit 
4123  Follow-Up Inspections

3232.1 Basis to Deny a Permit

June 2016

If the applicant does not withdraw the application and does not stop operating, the inspector must deny the applicant a permit based on the applicant’s failure to comply with minimum standards, administrative rules, or the licensing statute.

Procedure

If the inspector denies the applicant a permit, the inspector notifies the applicant that he or she must stop operating and may appeal the decision. The inspector conducts a follow-up inspection to ensure the operation is no longer providing care.

See:

4123 Follow-Up Inspections 
7600 Adverse Actions 
7730 Due Process Hearings 
CLASS Online Help: Record an Application Decision and Close an Operation 
26 TAC §§746.3401746.5101747.3201747.4015747.4901

3300, Process for Determining Whether to Issue or Deny a Permit

3310 Evaluating Before Issuing a Permit

September 2015

After accepting an application, the inspector determines:

  • compliance with the statutes, administrative rules, and minimum standards applicable to issuance; and
  • the risk to children.

Texas Human Resources Code Sections 42.04842.07242.15342.203

Procedure

Before determining whether to issue or deny the permit, the inspector completes the activities in the items listed below for all operation types.

See:

2270 Residential Child Care Operations that Also Provide Child Day Care  
3311 Checking the Sex Offender Registry  
3312 Evaluating Background Checks  
3313 Inspecting the Operation (Except Listed Homes)

3310.1 Following Up on Out-of-State Compliance History Before Issuing a License, Registration or Listing

August 2020

Before issuing a license, registration or listing to an applicant, CCR staff follows up on out-of-state compliance history if the application indicates that:

  • another state revoked a permit to operate a residential child care operation held by the applicant; or
  • the applicant is barred from operating a residential child care operation in another state.

Texas Human Resources Code §42.046(e)  

Procedure

The inspector follows up on out-of-state compliance history by:

  • requesting the applicant provide CCR with the other state’s records relating to the revocation or bar; and
  • consulting with Legal to determine whether the revocation or bar is an adequate ground to deny the applicant a permit in Texas.

3311 Checking the Sex Offender Registry

September 2015

Procedure

The inspector checks the sex offender registry on the Department of Public Safety website that lists the addresses of sex offenders, compares it with the address of the operation, and then documents the findings in CLASS chronology.

See 6520, Investigations of Matches to the Database of Sex Offenders, for procedures on processing a match. The inspector denies the application if a match requires it.

See also 7600 Adverse Actions.

3312 Evaluating Background Checks

Revision 22-6; Effective Dec. 19, 2022

Procedure

Before issuing a permit, the inspector reviews the Eligibility column on the Background Check Results page and then evaluates background check results for the persons identified in this chart:

Operation TypePersonEligibility required before issuing
Licensed child care home  

Registered child care home  

Listed family home
All owners and Non-client household membersEligible or Conditional
Any other operation typeAll ownersEligible or Conditional

CCR may issue a permit without waiting for background results for other persons or roles at the operation if all other criteria for issuance are met.

26 TAC Sections 745.605, 745.631, 745.647

See: 

3413 Criteria for Issuing a Compliance Certificate, Registration, or Listing  
10112 Types of Background Checks   
10121 Persons for Whom Operations Must Submit Requests for Background Checks   
10130.3 Overriding Eligibility Determinations of Provisional for Certain Roles  
10510 Types of Eligibility Determinations  
10711 Determining Whether the Operation Submitted All Required Checks

3312.1 Unsustained Central Registry Findings

September 2015

The inspector may request that the Centralized Background Check Unit conduct a risk evaluation prediction if:

  • an applicant or another individual has an unsustained Central Registry finding;
  • Reason to Believe finding against that person would result in adverse action being taken against the operation; and
  • the finding:
    • is pending a due process hearing;
    • has not been released through an emergency release; and
    • would be eligible for a risk evaluation if sustained.

See 10470 Obtaining a Risk Evaluation Prediction for Applicants for a Permit

When to Deny

The inspector may deny a permit when there is an unsustained Central Registry finding on an applicant or another individual for whom a Reason to Believe finding would result in adverse action being taken against the operation.

The permit is denied if:

  • the Legal division has approved the denial of the permit; and
  • one of the following applies:
    • there is an emergency release of that finding;
    • the finding would bar the person if it were later sustained (see 10260 Handling Sustained Central Registry Findings); or
    • children are in care and the person has requested a due process hearing and the CBCU determines that a risk evaluation would not likely be approved if the finding were later sustained (see 10470 Obtaining a Risk Evaluation Prediction for Applicants for a Permit).

When to Issue

If the CBCU indicates that a risk evaluation would likely be approved, and if all other criteria for issuance are met, the inspector may issue the permit with conditions.

When to Delay the Decision

Licensing has good cause to exceed the time period for issuing a permit if the results of the background check indicate there is an active investigation for an applicant or another individual and a Reason to Believe finding might result in adverse action being taken against the operation.

See 3226 When to Delay a Decision on an Application.

If information about the Central Registry finding cannot be released to the applicant because the perpetrator is someone other than the applicant, the inspector can, without releasing any identifying information about the match, explain to the applicant that there is a problem with a background check and a permit cannot be issued until the background check is cleared.

3313 Inspecting the Operation (Except Listed Homes)

December 2015

After accepting the application for a license, certificate, compliance certificate, or registration, the inspector must conduct an inspection to determine whether the operation is in compliance with all applicable rules and minimum standards.

Procedure

The inspector:

  • cites any statutes, administrative rules, and minimum standards the operation has not complied with and establishes dates by which the operation must be in compliance;
  • follows up by inspection, mail, fax, or email to ensure that corrections of deficiencies have been made; and
  • ensures any investigation alleging violations of statutes, administrative rules, or minimum standards is complete.

If the operation is providing care without a permit at the time of the inspection, the inspector cites a violation of the law. The inspector completes the procedures in 4159 Handling Resistance or Refusal to Allow Inspection, if the caregiver refuses to:

  • admit staff or attempts to delay or obstruct inspection of the operation during hours that care is provided; or
  • allow inspection of an area of the operation that affects or could affect the children’s health, safety, or well-being.

Texas Human Resources Code §42.044

40 TAC §745.321

3313.1 Time Frames

September 2015

The inspection must occur within:

  • 21 days of accepting the application for a license, certificate, or registration; and
  • 10 days of accepting the application for a compliance certificate.

Supervisory approval is required to exceed these time frames. The inspector documents supervisory approval in a CLASS chronology.

40 TAC §745.321

3313.2 When to Announce an Application Inspection

September 2015

If the operation is not providing care, the inspection must be announced.

If the operation is providing care, the inspection may be announced or unannounced. The inspector may arrange an announced inspection when it is necessary for the applicant or caregiver to make alternate plans for the children during the evaluation.

3313.3 Abbreviated Inspection

September 2015

An abbreviated inspection may be conducted before issuance if the operation:

  • is changing ownership with no change in policy or procedures or in the operation’s staff who have contact with children; and
  • is not on corrective or adverse action.

See 3313.4 Evaluating Compliance.

Texas Human Resources Code §§42.04442.15342.203

40 TAC §745.321

3313.4 Evaluating Compliance

Revision 22-6; Effective Dec. 19, 2022

Procedure

While processing an application for a permit, the inspector develops a plan to evaluate an operation’s compliance with statutes, administrative rules, and minimum standards.

The following chart provides guidelines to develop the plan. More than one guideline may apply.

SituationPlan for Evaluating Compliance
Operation is not providing care.Include all applicable statutes, administrative rules and minimum standards not requiring the presence of children.
Operation is providing care.Include all applicable statutes, administrative rules, and minimum standards.
Operation changes type of operation or adds a different type of operation.Include all applicable statutes, administrative rules, and minimum standards related to the new operation type.

Licensed operation changes ownership (See 3833 Change of Ownership) and:

  • policies and procedures; or
  • staff who have direct contact with children (initial license required).
Include all applicable statutes, administrative rules, and minimum standards (including any rules or standards that have grandfather clauses).

Licensed operation changes ownership (see 3833 Change of Ownership), but:

  • does not change policies or procedures;
  • does not change staff who have direct contact with children;  and
  • is not on corrective or adverse action.
Evaluate the minimum standards that confirm there is no change in policy or procedures or in staff who have direct contact with children. Also evaluate compliance with any statutes, administrative rules, or minimum standards that have grandfather clauses.
New owner applies after the operation has received notice of revocation.Include all applicable statutes, administrative rules, and minimum standards.
Renewal of the initial license is required, as noted in 3520 Renewing an Initial License.Evaluate compliance with all applicable statutes, administrative rules, and minimum standards, if the initial license was renewed because of a pattern of deficiency.  

Evaluate compliance with limited standards, if the initial license was renewed because the operation was not operating. Assess the risk to children to determine whether an inspection is needed before issuance.

Day care staff may use the Form 2936TSP Temporary Shelter Program, available on the CCR SharePoint site, when evaluating compliance during an application inspection for a Temporary Shelter Program.

Residential care staff may use the following forms when evaluating compliance during an application inspection:

3313.5 Processing Controlling Person Submissions

Revision 23-4; Effective Nov. 30, 2023

Procedure

The inspector ensures that all controlling person information that the operation submits is processed according to policies and procedures in 5400 Controlling Persons. An applicant for a compliance certificate does not need to submit controlling person information.

When a Permit Is Denied

The inspector denies a permit if a controlling person match requires it.

See:

5452 Eligibility to Receive a Permit After Finding a Match for an Applicant  
5453 Eligibility to Serve As a Controlling Person After Finding a Match

3313.6 Confirming Fire, Sanitation and Gas Inspections (Except for Listed Homes and Child-Placing Agencies)

August 2019

Procedure

The inspector ensures that child care centers, school-age programs, before- and after-school programs, general residential operations, and independent foster homes have approved fire, sanitation and gas inspections, if the operation uses natural or liquid propane (LP) gas, except these inspections are not necessary if:

  • the operation is located in a public school building that is maintained by an independent school district; or
  • a sanitation inspection is not available from the local sanitation official (in which case, the inspector reviews documentation obtained by the operation from a county judge that explains why a sanitation inspection is not available).

If a temporary shelter child care facility, small employer-based child care facility, registered child care home, or licensed child care home receives a fire or sanitation inspection in the political subdivision where the operation is located and the applicant makes the report available to Licensing staff, Licensing staff:

  • reviews the documentation for any restrictions noted by the political subdivision; and
  • adds a condition to the permit to encompass any restrictions noted by the political subdivision.

Texas Human Resources Code §§42.044342.15342.203

26 TAC Sections 744.2501744.3501744.3651746.3401746.5101746.5401747.3201747.4901748.3001748.3061748.3101750.1101

3320 Additional Activities to Complete for Applicants for a Licensed Residential Child Care Operation

3321 Denial of a Permit or Amendment for Failure to Comply with Public Notice and Hearing Rules

July 2021

CCR may deny a permit, an amendment to the permit to increase capacity, or an amendment to the permit to add treatment services for children with emotional disorders for failure to comply with the public notice and hearings rules in 26 TAC §§745.273 and 745.275.

CCR determines that:

  • the community has insufficient resources to support the number of children proposed to be served;
  • issuance of the license or amendment of the permit would significantly increase the ratio in the local school district of students enrolled in a special education program to students enrolled in a regular education program and the increase would adversely affect the children proposed to be served; or
  • issuance of the license or amendment of the permit to increase the capacity would have a significant adverse impact on the community and would limit opportunities for social interaction for the children proposed to be served.

Texas Human Resources Code §42.0461

40 TAC §§745.273745.275745.8651

3322 Fee Exemptions for Certain Residential Operations

July 2021

A nonprofit residential operation is exempt from paying fees if the operation:

  • does not charge for the care that the operation provides; or
  • provides residential care for children in the conservatorship of DFPS.

26 TAC §745.503

Procedure

To indicate that a residential operation is exempt from paying fees, the inspector selects “Yes” from the Exempt from Operations Fee drop-down box on the operation’s Main page in CLASS after the application has been accepted.

For an operation planning to provide care to children in the managing conservatorship of DFPS, staff refer to 5211.1 Residential Child Care Operations that Provide Care to Children in the Managing Conservatorship of DFPS prior to issuing the operation’s full permit.  

See 5211 Exemption from Fees

3323 Identifying, Documenting and Assessing Information from Prior Operation Numbers (RCCR Only)

Revision 23-2; Effective June 26, 2023

CCR staff determine if the applicant for a GRO or CPA license demonstrates an intent to obtain a contract with DFPS or a Single Source Continuum Contractor (SSCC). If the applicant demonstrates such an intent, CCR staff then determine whether the applicant:   

  • is applying for an additional or different type of license in a different location;
  • is reapplying for a new license after voluntarily closing; or
  • had a change in ownership and:
    • any controlling person from the previous operation serves or intends to serve as a controlling person in the new operation; or
    • the 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 Section 745.21.

If the applicant is associated with a prior operation as described above, CCR staff assess the previous five-year compliance history and history of heightened monitoring for each prior operation to decide:

  • whether to issue a license; and
  • if any conditions need to be added to the license.

3323.1 Documenting Prior Operation Numbers (RCCR Only)

July 2021

Procedure

If the applicant meets the criteria in 3323 Identifying, Documenting and Assessing Information from Prior Operation Numbers (RCCR Only), CCR staff document the prior operation numbers in the Issuance History section on the operation’s Main Page in CLASS except when:

  • the prior operation applied for a license but withdrew the application prior to being issued an initial license; or
  • the prior operation had a license for a different operation type (for example, the applicant is applying for a GRO license and the prior operation was a CPA).

If the applicant has an association with an open operation through a shared governing body or controlling person, document with associated open operation numbers in the Current Permits section.

3323.2 Assessing the Five-Year Compliance History of the Applicant and Prior Operation Numbers (RCCR Only)

July 2021

Procedure

Before conducting the application inspection for an applicant that meets the criteria in 3323 Identifying, Documenting and Assessing Information from Prior Operation Numbers (RCCR Only), CCR staff take the following steps to assess compliance history of the applicant and each prior operation documented in the Issuance History section of the Operation Main page in CLASS:

  1. Evaluate the five-year compliance history, including:
    • the number of abuse/neglect intakes;
    • confirmed abuse/neglect findings;
    • citations for corporal punishment;
    • any other trends and patterns in deficiencies; and
    • any other trends and patterns in enforcement actions that CCR recommended or imposed on the operation.
  2. Assess how the five-year compliance history may impact the applicant’s ability to operate a residential child care operation and the risk in CCR issuing a license to the applicant.
  3. Document in a CLASS chronology:
    • the five-year compliance history of each operation reviewed; and
    • how the information was considered.  
  4. If the risk identified in the five-year compliance history is high, hold a staffing with regional management and make a decision whether to issue or deny the license.

During the application inspection, CCR staff discuss with the applicant:

  • any risks identified as a result of the five-year compliance history review; and
  • steps the permit holder can take to mitigate risk to children.  

CCR staff document this discussion in a CLASS chronology.

3323.3 Additional Requirements if the Applicant or a Prior Operation Number Has a History of Heightened Monitoring (RCCR Only)

July 2021

If the applicant or an associated prior operation number has a history of being on heightened monitoring, CCR staff add a condition to the initial license outlining that the operation will be placed on heighted monitoring. CCR staff then notify the CCR Director of Heightened Monitoring.  

If the applicant or an associated prior operation number has a history of heightened monitoring and has hired or intends to hire a substantial number of employees from a previous operation, CCR staff and the RCCR Director of Regional Operations staff whether conditions related to employee screening and/or employee training requirements must be added to the initial license.

Procedure

If the applicant meets the criteria in 3323 Identifying, Documenting and Assessing Information from Prior Operation Numbers (RCCR Only), CCR staff determine whether the applicant or any of the prior permits documented in the Issuance History section on the Operation Main page in CLASS:

  • is currently on heightened monitoring;
  • met the criteria for heightened monitoring and did not successfully complete heightened monitoring; or
  • met the criteria for heightened monitoring again after successfully completing it in the preceding five years.  

If any of the above criteria exist, and CCR decides to issue an initial license, CCR staff:

  • adds a condition to the initial license that the new operation will be placed on heightened monitoring; and
  • notifies the CCR Director of Heightened Monitoring.

In addition, if the applicant has employed or intends to employ a substantial number of employees from a previous operation, CCR staff and the RCCR Director of Regional Operations meet for the purpose of making a decision as to whether to add a condition to the initial license that would require employee screening requirements and/or employee training requirements that must be met before employees may have contact with children. CCR staff document the decision in a CLASS Chronology.  

When assessing whether the operation has employed or intends to employ a substantial number of employees from the previous operation, CCR staff consider the overall number and the roles of the employees from the previous operation and at the applicant operation:

  • If the applicant operation has employed or intends to employ at least 50% of the employees that were employed at the previous operation, this would be a substantial number regardless of the employees’ roles.  
  • If the applicant intends to hire at least 50% of the caregivers and supervisors that were employed at the previous operation, this would be a substantial number of employees even if the applicant does not hire or intend to hire 50% of the overall employees that were employed at the previous operation.
  • If at least 50% of the employees at the applicant operation are or will be from the previous operation, this would be a substantial number regardless of the employee’s roles or whether the applicant operation has employed or intends to employ at least 50% of the employees that were employed at the previous operation.
  • If at least 50% of the caregivers and supervisors at the applicant operation are or will be from the previous operation, this will be a substantial number regardless of whether the applicant operation has employed or intends to employ at least 50% of the employees that were employed at the previous operation.

If the number of staff from the previous operation do not meet the percentage thresholds described in the preceding bullets, staff may meet with the RCCR Director of Regional Operations to consider whether to add a condition requiring the additional screening or training due to identifiable issues.

If the decision was to add a condition about employee screening and/or training requirements to the initial license, CCR staff add the condition before issuing the permit.

See 3424.5 Conditions for Applicants with a History of Heightened Monitoring (RCCR Only)

3324 Providing the Survey Link for “No Trespassing” Signs Information During Application Inspection

Revision 23-2; Effective June 26, 2023

During the application inspection at an operation that has applied for a GRO permit offering residential treatment services, CCR staff provide the applicant the link to the survey to request “No Trespassing” signs. For a description of what the survey captures, see 3150 “No Trespassing” Signs for Certain General Residential Operations.

If the applicant will be licensed to provide human trafficking services, the applicant is not required to list the name and address of the operation on the signs.

Staff document sending the survey link to the operation as technical assistance.

See:

4154.2 Documenting Technical Assistance

26 TAC Section 748.3319 

Texas Human Resources Code Section 42.068

3330 Additional Activities to Complete for a Licensed Child Day Care Operation

3331 Evaluating Director and Primary Caregiver Qualifications for Licensed Child Day Care Operations

September 28, 2018

When a director or primary caregiver is designated on Form 2911 Child Care Licensing Governing Body/Director Designation, or through the provider's online Child Care Licensing Account, the inspector evaluates the director’s qualifications to determine whether he or she meets the minimum standards.

The inspector ensures the director or primary caregiver does not serve such a role at another operation, including being:

  • the primary caregiver of a licensed child care home or a registered home;
  • the operator of a listed home; or
  • a director of another operation, unless the person is a designated a program director for before- or after-school programs or school-age programs under the same governing body.

26 TAC §§744.1001746.1001747.1101

3331.1 How to Evaluate Qualifications

November 2017

Procedure

To evaluate qualifications, the inspector obtains a completed Form 2982 Personal History Statement specifying the education and experience of the operation’s designated director and one of the following:

  1. An original and current CLASS Form 2860 Director’s Certificate; or
  2. An original college transcript or original training certificates which verify the educational requirements and the dates, names, addresses, and telephone numbers that support the required experience.

      For persons educated outside of the United States, the inspector obtains information from the operation to help the inspector interpret and evaluate the director’s educational qualifications.

26 TAC §§744.1015744.1017746.1015746.1017747.1107

For a program director who oversees more than one school-age program or before- or after-school program, the inspector evaluates:

  • whether the director meets minimum standard qualifications for a director according to the procedures outlined in this item; and
  • whether the compliance history of each operation that a program director oversees reflects that the operations are in good standing with Licensing.

Evaluating Director Qualifications for Licensed Child Care Homes Licensed Before September 1, 2003

When a person owns more than one licensed child care home, that person may only be the primary caregiver or director for one of them.

40 TAC §745.373

26 TAC §747.201

3331.2 Issuing a Director’s Certificate

June 2016

The inspector issues CLASS Form 2860 Director’s Certificate after determining that qualifications are met and a background check is complete. A certificate is only printed and mailed to a person who has never had a certificate or whose previous certificate is lost or expired. A certificate issued to a qualified director is recognized statewide until it expires and must be kept in the personnel file at the operation.

26 TAC §§744.1057746.1059

3331.3 When a Director Does Not Meet Qualifications

September 2015

If the director does not meet qualifications required by minimum standards, the inspector notifies the applicant or applicant’s governing body designee, the permit holder, or the governing body designee.

If a waiver or variance is requested, the inspector processes it according to 5100 Waivers and Variances and Appendix 5000-1A.1: Director Qualifications.

3400, Issuance of a Permit

3410 When to Issue a Permit

October 2019

The inspector must determine whether to issue a permit within:

  • 30 days after accepting an application for a compliance certificate; or
  • two months (see the definition of date-to-date in Definitions of Terms) after accepting an application for a license, certificate, registration, or listing.

The inspector either:

  • mails the license, certificate, compliance certificate, registration, or listing permit; or
  • mails a letter notifying the applicant of the intent to deny the permit.

See:

3310 Evaluating Before Issuing a Permit 
Texas Human Resources Code Section 42.04642.15342.203 
26 TAC  Section 745.321

3411 Good Cause to Exceed the Time Frame for Issuing a Permit

Revision 22-4; Effective Sept. 20, 2022

CCR may have good cause to exceed its time frame for issuing a permit when:

  • there are at least 15% more applications being processed than in the same quarter of the previous year;
  • the delay is caused by another public or private entity that must be relied on to process all or part of the applications received;
  • the operation is the subject of a pending investigation; or
  • other conditions exist that give good cause for exceeding the time frames.

26 TAC Section 745.327

3412 Criteria for Issuing an Initial License

Revision 23-2; Effective June 26, 2023

Procedure

The inspector issues an initial license to an applicant when: 

  • the operation is in compliance with applicable statutes, administrative rules and minimum standards; 
  • the operation has paid the fee for the initial license, unless the operation is exempt from paying permit fees (see 5211 Exemptions from Fees); and 
  • one of the following situations exists:
    • The operation is not currently providing care but meets the appropriate minimum standards except those with which compliance cannot be determined in the absence of children.
    • The operation has changed ownership, which has resulted in changes to policy and procedure or direct care staff (see 3833 Change of Ownership).
    • The operation is providing care and is not currently licensed.
    • The operation has a license and applies for an additional permit to offer a new type of child care. 

See:

5240 Verification of Fee Payments

26 TAC Section 745.345; 745.503  

Texas Human Resources Code Section 42.051 

3413 Criteria for Issuing a Compliance Certificate, Registration, or Listing

October 2019

Procedure

The inspector issues a compliance certificate, registration, or listing when the operation has met statutes, administrative rules and all appropriate minimum standards, as applicable.

3420 How to Prepare the Permit

 

3421 How to Prepare an Initial License

August 2021

The inspector updates the Operating Status on the Main Operation page in CLASS by selecting Yes and updating the Effective Date.

The inspector issues the initial license with restrictions.

The effective date of the initial license is the date the inspector sends or gives the license to the license holder. The initial license is valid for six months.

Texas Human Resources Code Section 42.048(b)

3421.1 Child Day Care

October 2019

Procedure

Form 2830, Child Day Care License

The inspector prepares CLASS Form 2830 Child Day Care License, and issues the initial license with the following information documented:

  • capacity:
    • for licensed child care centers, the capacity for infants through age 17 months and capacity for children age 18 months and older;
    • for licensed child care homes, the total capacity;
  • exact hours, days and months of operation;
  • children’s ages; and
  • any conditions.

Statute provides for the issuance of a license to care for children under age 14. If an operation also provides care for children ages 14 through 17, the inspector records this information in CLASS.

Form 2803, Child Care Issuance Letter

The inspector prepares CLASS Form 2803 Child Care Issuance Letter and mails it with the license to the permit holder.

Texas Human Resources Code Section 42.048(b)

26 TAC Section 745.345

3421.2 Residential Child Care

September 2015

Procedure

Form 2907, Residential Child Care Permit

The inspector prepares the permit using CLASS Form 2907 Residential Child Care Permit, and issues the permit with the following restrictions:

  • capacity (except for a CPA);
  • gender and ages of children; and
  • types of services offered by the operation, as shown in 3421.21 Types of Services Included as Restrictions.

The child-placing agency’s license must include a statement on the first page of the license that indicates the number of branch offices. The name and address of each branch office is noted on page two of the permit.

Texas Human Resources Code §42.048

26 TAC Section 748.63749.63749.303749.1101750.61

Form 2803 Child Care Issuance Letter

The inspector mails the permit to the permit holder with CLASS Form 2803 Child Care Issuance Letter, showing the specific conditions noted on Form 2960 Application for a License to Operate a Residential Child Care Facility, then records applicable information in CLASS.

3421.21 Types of Services Included as Restrictions

September 2015

Procedure

The inspector may document on the license that the operation may care for children up to 18 years of age.

26 TAC Section 748.1931749.1103749.1105749.2651750.501

The inspector must select the applicable care type and services from the following sections on the Residential Care Main Operation page in CLASS:

  • Care Type
  • Child Care Services Provided (not optional)
  • Programmatic Services Provided
  • Treatment Services Provided
  • Child Placing Services (CPA only)

Only general residential operations (GROs) that offer emergency care services may provide respite child care services.

26 TAC Section 748.75748.4261(b)

3422 How to Prepare a Compliance Certificate

August 2021

The inspector updates the Operating Status on the Main Operation page in CLASS by selecting Yes and updating the Effective Date.

The inspector issues the compliance certificate with restrictions. The effective date of the permit is the date the inspector sends or gives it to the permit holder.

Texas Human Resources Code §§42.15342.203

26 TAC §745.321

Procedure

Form 2845 SEBCC or Form 2846 TSP Certificate

The inspector prepares the compliance certificate using CLASS Form 2845 SEBCC Certificate or CLASS Form 2846 TSP Certificate, and issues the compliance certificate with the following information documented:

  • the total capacity (no more than 12 for small-employer based operations and at least 7 for temporary shelter child care operations);
  • all age categories of children (infants, toddlers, pre-kindergarten, and school age); and
  • any conditions.

Form 2843, SEBCC Issuance Letter, or Form 2843a, TSP Issuance Letter

The inspector prepares Form 2843 SEBCC Issuance or Form 2843a TSP Issuance Letter, located on the CCR SharePoint site, and mails with the compliance certificate to the permit holder.

Texas Human Resources Code §§42.15142.201

3423 How to Prepare a Registration and Listing

August 2021

CCR staff update the Operating Status on the Main Operation page in CLASS by selecting Yes and updating the Effective Date.

The effective date of the registration or listing permit is the date the CCR staff send or give the permit to the permit holder.

CCR staff issue a registration or listing in both English and Spanish if the most recent federal census shows that more than one-half of the population is of Hispanic origin or Spanish-speaking in:

  • a municipality; or
  • a commissioner’s precinct in a county.

See the U.S. Census website for more information.

Texas Human Resources Code §42.052

Procedure

CCR staff take the following steps based on the type of operation:

Registered HomeListed Home Caring for Unrelated ChildrenListed Home Caring for Related Children Only
prepares the registration permit using CLASS Form 2834 Registered Child-Care Home Permit.prepares CLASS Form 2871 LH Issuance Letter.opens CLASS form HHSC Letterhead 2834b on the Issuance page, copies content from Form 2876 Notification of LFH Relative Care Issuance found on the CCR SharePoint site, and pastes content into CLASS form HHSC Letterhead 2834b.
mails the registration permit with CLASS Form 2834a Child Care Home Issuance Letter.

mails the issuance letter to the listed family home with the following documents from the TA Library:

  1. Checking the Sex Offender Registry; and
  2. Child Safety Guide.

mails the issuance letter to the listed family home with the following documents from the TA Library:

  1. Checking the Sex Offender Registry; and
  2. Child Safety Guide.

If the listed family home will care for related children only, CCR staff:

  • enter “0” in the Total Licensed Capacity field in the Restrictions section on the Issuance page in CLASS; and
  • document the following statement in the Comments text box on the Issuance page: “Listed to care for ONLY related children. Reference Human Resources Code 42.002(16), “Children who are related to the caretaker.”

26 TAC §745.341

3424 Applying Additional Types of Conditions or Restrictions

May 2021

After obtaining supervisory approval, the inspector may set additional conditions or restrictions if circumstances warrant based on:

  • risk to children, including an unsustained Central Registry finding;
  • failure to comply with minimum standards; and/or
  • for residential child care operations, the assessment of the prior permits as outlined in 3323 Identifying, Documenting and Assessing Information from Prior Operation Numbers (RCCR Only).

The permit may be denied or revoked if conditions or restrictions are not met.

3424.1 Results of Background Checks

Revision 24-1; Effective Feb. 20, 2024

Procedure

The inspector may impose conditions because of information obtained through a Central Registry or criminal history check. However, conditions are not acceptable measures to limit the presence of a person who lives in an operation if he or she is:

  • a permit holder; or
  • a person who must not be present in an operation while children are in care.

References:

10241 Notifying the Designated Perpetrator of the Central Registry Background Results and Offering Due Process 
10310 Acting on the Results of a Criminal History Check

3424.2 Deficiencies that Require Limits on Certain Activities

September 2015

Procedure

The inspector may impose conditions to limit certain activities such as providing infant care or providing transportation because of previous deficiency with applicable minimum standards.

Examples of Special Conditions

Condition: Children under six years old are restricted to the first floor.

Condition: The permit holder’s spouse must not transport children in care.

The inspector adds a more complete explanation to the issuance letter if needed.

3424.3 Fire and Sanitation Reports and Other Local Ordinances

September 2015

Procedure

The inspector is not responsible for enforcing local rules and ordinances unless those rules or ordinances relate to:

  • the operation receiving approved fire and health inspections; or
  • other requirements in the minimum standards relating to health and safety.

The inspector takes into consideration the following when setting the capacity on a permit:

  • an inspection report (fire or sanitation) prohibits the use of certain levels of the operation for all or for certain age groups or prohibits the use of certain space; or
  • a Certificate of Occupancy related to a fire, health, or building restriction sets a capacity lower than licensing standards would normally allow.

See 3313.6 Confirming Fire and Health Inspections (Except for Listed Homes)

3424.4 Special Services for Residential Operations

September 28, 2018

Procedure

If a type of service offered by an operation is not listed as a restriction on the permit and is a service included in the applicable minimum standards, the inspector adds it as a condition to the permit.

Special services include:

  • (Interstate Compact on the Placement of Children (ICPC)
  • Young Adult Care
  • International Adoptions
  • Physically Challenged
  • Human Trafficking
  • Office of Refugee Resettlement

If more than one type of programmatic service is offered in addition to therapeutic camp services at a general residential operation (GRO), add it as a condition to the permit to reflect the appropriate age range for that program.

A child-placing agency or independent foster home that requests to provide emergency services must have that service included as a condition on the permit.

40 TAC §745.4201

26 TAC §748.4403

3424.41 Emergency Services for Child-Placing Agencies and Independent Homes

September 2015

Procedure

A child-placing agency or independent foster home that requests to provide emergency services must have that service included as a condition on the permit.

The inspector also follows these procedures for a child-placing agency (CPA) or independent foster home that wants to accept a child for placement from law enforcement:

  • Before accepting a child from a law enforcement officer, the operation must ask the inspector for authorization by submitting Form 2961 Request to Accept Children from Law Enforcement.
  • After receiving the request, the inspector must:
    • review the operation’s compliance history to ensure the operation is not on corrective action or under any adverse action;
    • review the operation’s emergency admissions policy to determine if it is equipped to accept this type of emergency admission; and
    • add that condition to the permit if the inspector determines that the operation should be authorized to accept this type of emergency admission.

40 TAC §§745.4201-745.4205

26 TAC §§749.1181-749.1189750.501(3)

3424.5 Conditions for Applicants with a History of Heightened Monitoring (RCCR Only)

May 2021

Procedure

If the applicant or an associated prior operation number has a history of heightened monitoring, CCR staff follow the procedures described in 3323.3 Additional Requirements if the Applicant or a Prior Operation Number Has a History of Heightened Monitoring (RCCR Only) to determine which condition(s) must be added to the initial license. CCR staff add any required condition(s) to the initial license before issuance.

3424.6 Temporary Conditions

May 2021

A temporary condition may be set for deficiencies with minimum standard rules that do not pose a risk to children if compliance will be achieved within three months.

3425 Amend the Permit When Necessary

September 2015

Procedure

Adding conditions may require amending a current permit. See 3810 Circumstances That May Require Amending the Permit.

3430 Recommending Denial of a Permit

September 2015

Procedure

The inspector does not issue a permit if the operation:

  • does not comply with administrative rules, minimum standards, or the law; or
  • the applicant knowingly and willfully provides false information during the application process.

Texas Human Resources Code §§42.05242.07242.16342.210

40 TAC §745.8605(1)

If recommending denial, the inspector submits the documentation to the supervisor.

If the supervisor and district director or manager concurs with the recommendation, the inspector consults with a Licensing attorney before denying the permit.

See 7600 Adverse Actions.

3500, Steps to Take After Issuing the Initial License

3510 Evaluating During the Initial License Period

July 2018

The initial license period allows an operation to demonstrate understanding of minimum standards and ensure a safe environment for children with minimal monitoring by Licensing.

The inspector provides technical assistance during this time to help the provider develop the knowledge needed to maintain compliance.

If an operation’s deficiencies result in the inspector making a determination that the operation poses a risk to the health and safety of children, Licensing denies the full license.

Texas Human Resources Code §§42.04742.04842.072

TAC §§745.343745.347745.8605745.8607

See also:

3511 Conducting Inspections During the Initial License Period
3520 Renewing an Initial License
3531 Time Frame for Issuing a Full License
4154 Technical Assistance
7600 Adverse Actions

3511 Conducting Inspections During the Initial License Period

October 2019

In order to determine whether an operation demonstrates the ability to comply with law, administrative rules, and minimum standards on a continuing basis during the initial license period, the inspector must inspect the operation while children are in care.

3511.1 Frequency of Inspections

October 2019

Within six months of issuing the initial license, the inspector conducts at least three unannounced initial inspections while unrelated children are in care to determine whether the applicant operation is meeting applicable law, administrative rules, and minimum standards on a continuing basis. If there are no unrelated children in care, the inspector may announce the inspections.

If the initial license is renewed for another six months, the inspector conducts at least three more initial inspections as described above.

The inspector obtains supervisory approval before conducting fewer than three inspections in each six-month period.

26 TAC §745.351

Procedure

The inspector inspects the operation:

  • within two months after issuance of the initial license;
  • at reasonable intervals between the inspections; and
  • at least 30 days before expiration of the license.

The inspector evaluates compliance with all applicable law, administrative rules, and minimum standards during the initial period, and does the following:

  • plans and conducts the inspections according to the information in 4140 Preparing for Inspections and 4150 Conducting Inspections;
  • discusses the results of the inspection at the conclusion of each inspection as required by 4170 Conducting the Exit Conference; and
  • sends a copy of the CLASS Form 2936 Child Care Facility Inspection to the permit holder and those as required by Appendix 3000-2: Notifying the Operation.

If the inspector obtains supervisory approval to conduct fewer than three inspections in each six-month period, the inspector documents supervisory approval in CLASS Chronology.

Inspecting Child-Placing Agency (CPA) Branch Offices During the Initial License Period

Procedure

If a CPA opens a branch office during the initial license period, the inspector conducts a monitoring inspection at the branch office and evaluates all minimum standards within two months after the branch office opens.

Additional monitoring inspections are conducted at the same interval as those conducted for the CPA’s main office.

3520 Renewing an Initial License

Revision 24-1; Effective Feb. 20, 2024

An initial license is valid for six months from the date it is issued and may be renewed for one additional six-month period with supervisory approval. An operation may only be in initial license status for a maximum of one year.

Procedure

The inspector renews the first initial license when an operation:

  • does not provide care for unrelated children during the initial period;  
  • begins operating so late in this period that CCR cannot determine if the operation can ensure continued compliance; or
  • has not established continued compliance with minimum standards and needs more time to establish a pattern of compliance.

References

3521 Consultation Before Renewing an Initial License

26 TAC Sections 745.347; 745.349; 745.351 

Texas Human Resources Code Section 42.051(b)

3521 Consultation Before Renewing an Initial License

Revision 24-1; Effective Feb. 20, 2024

Procedure

The inspector consults with the supervisor and program administrator about the inspector’s recommendation to renew the initial license within the following time frames:

  • after conducting the final inspection during the first initial license period; and
  • at least 25 days before the initial permit expires.

Consultation About Pending Items Before Issuance

During the consultation, the inspector, supervisor, and program administrator discuss whether:

  • the operation has pending investigations; 
  • the operation has unresolved deficiencies; or
  • a person at the operation has pending criminal charges.

The inspector documents the: 

  • date of the consultation; 
  • decision made; and 
  • reasons for the decision as a CLASS Chronology.

Program Administrator Recommends Denial

If the program administrator recommends denial of the full license at this time, the program administrator begins the Child Care Enforcement (CCE) referral process for the denial. 

3522 How to Renew an Initial License

October 2019

Procedure

The inspector discusses the recommended decision to renew the initial license with the permit holder. The inspector informs the operation that a new application must be submitted and a fee for the renewed initial license must be paid, unless the operation is state operated.

The governing body may submit a new application or may re-sign and re-date the original. If the permit holder agrees, the inspector proceeds with acceptance of the new application and renewal of the initial license.

The renewed (second) initial license may be entered into the CLASS any time up to the first day after the first initial license expires. For example, if the initial license expires August 31, the renewed initial license must be entered in CLASS no later than September 1.

The inspector works with the operation to identify ways to achieve compliance during the renewed initial period, as appropriate. If the permit holder does not work with the inspector to achieve compliance, the inspector informs the permit holder that a denial of the full license will result and the operation must close.

26 TAC §§745.347745.349745.353

See 5211 Exemptions From Fees

3530 Full License

 

3531 Time Frame for Issuing a Full License

Revision 24-1; Effective Feb. 20, 2024

The inspector signs and mails the full license and issuance letter within six months after the date the initial license is issued or renewed.

The full license must be issued by the first day after the initial license or renewed initial license expires. For example, if the initial license expires Aug. 31, the full license must be entered in CLASS by Sept. 1.

The effective or issuance date of the license is the date that the inspector sends or gives the license to the operation. The full license supersedes the initial license.

Exceptions for Residential Child Care Operations

The time frame for issuing a full license to general residential operations and child-placing agencies may be exceeded if the initial license contains a condition described in 3424.5 Conditions for Applicants with a History of Heightened Monitoring (RCCR Only).

26 TAC Sections 745.351 and 745.497

3531.1 Criteria for Issuing a Full License When an Operation Has an Initial License

Revision 24-1; Effective Feb. 20, 2024

The inspector issues the full license for an operation with an initial license when:

  • the initial license has been in effect for at least three months;
  • the operation has satisfied initial licensing requirements by maintaining compliance on a continuing basis;
  • three inspections have been conducted while children are in care, unless the supervisor approved making fewer inspections;
  • a supervisor has:
    • reviewed the operation’s compliance history in CLASS; and
    • approved the issuance of the full license; and
  • the inspector has verified the operation paid the full license fee unless the operation is exempt from paying the fee.

The operation must pay for the full license before the current initial license expires.

Procedure

The inspector requests supervisory approval in CLASS by checking the Request Approval checkbox in the Initial Period Results section or the Renewed Initial Permit Results section, whichever is applicable, on the Issuance page after verifying that:

  • the initial license has been in effect for three months; 
  • the operation has maintained compliance on a continuing basis; and 
  • CCR has conducted three inspections while children were in care unless the supervisor approved making fewer inspections.

If the Supervisor Approves the Full Issuance

If the supervisor approves full issuance in CLASS, the inspector generates and sends the Full Permit Fee Invoice to the operation as described in 5234 Full Permit Fee Invoice for a Licensed Operation. 

After verifying that the operation paid the full permit fee before the initial license expiration date, the inspector:

  1. completes the following fields in the Initial Period Results section or the Renewed Initial Permit Results section:
    1. selects Issue-Full in the Decision drop-down box;
    2. enters the date the full license is being issued in the Decision Date field; and
    3. documents the reason for full issuance in the Reason narrative box; and
  2. completes the following fields in the Full Issuance section:
    1. selects Full Permit or Certified if state-operated from the Type of Issuance field; and
    2. enters the date the full license is issued in the Date of Issuance field; and
  3. mails or delivers a copy of the permit to the operation.

Reference Job Aid – Approving a Full License on the CCR SharePoint site for more details on approving issuance of a full license in CLASS.

If the Supervisor Does Not Approve Full Issuance

If the supervisor does not approve full issuance in CLASS, the inspector and supervisor discuss the next steps.

26 TAC Section 745.351

References: 

3531.2  Required Approvals Before Issuing a Full License When an Operation Has an Initial License 
3540 Decision Not to Recommend Issuance
3550 Denying a Full License
5234 Full Permit Fee Invoice for a Licensed Operation

3531.2 Required Approvals Before Issuing a Full License When an Operation has a Renewed Initial License

Revision 24-1; Effective Feb. 20, 2024

Procedure

Before issuing a full permit to an operation that has renewed initial license, the inspector consults with the supervisor, program administrator and regional director about the recommendation to issue the full license within the following time frames:

  • after conducting the third initial inspection; and
  • at least 25 days before the renewed initial permit expires.

The inspector documents the consultation as a CLASS Chronology and includes the:

  • date of the consultations;
  • decision made; and
  • reasons for the decision.

Consultation About Pending Items Before Issuance

During the consultation, the inspector, supervisor, program administrator, and regional director discuss whether:

  • the operation has pending investigations; 
  • the operation has unresolved deficiencies; or
  • a person at the operation has pending criminal charges.

If the operation receives a new investigation, has an unresolved deficiency, or pending criminal charge after the consultation takes place, but before the full license is issued, the inspector discusses the situation with those who participated in the consultation as soon as possible. The inspector documents in the next consultation as a CLASS Chronology and includes:

  • the date of the consultations; 
  • the decision made; and 
  • the reasons for the decision.

Regional Director Recommends Denial of the Full License

If the regional director recommends denial of the full license, the regional director begins the CCE referral process for the denial. 

3532 Full License for an Operation that Changes Ownership

Revision 23-2; Effective June 26, 2023

Procedure

The inspector may issue a full license instead of an initial license to a licensed or certified operation that changes ownership if the operation does not change:

  • policy and procedure, including the type of child care services offered; and
  • the staff who have direct contact with the children.

Exception for an Operation Not in Compliance

The inspector may issue an initial license instead of a full license to a previously licensed operation that:

  • changed ownership; and
  • has not demonstrated compliance with applicable statutes, administrative rules and minimum standards.

See:

3313.4 Evaluating Compliance

3833 Change of Ownership

26 TAC Sections 745.321; 745.345

Texas Human Resources Code Sections 42.048; 42.051 

3540 Decision Not to Recommend Issuance

July 2018

The inspector obtains supervisory approval if recommending that the initial license be allowed to expire without issuing a full license. See 3230 Withdrawal of an Application for a Permit.

Texas Human Resources Code §42.051(b)

40 TAC §745.347

3550 Denying a Full License

October 2019

Procedure

Documentation regarding the decision to deny must be documented and approved by Legal before the expiration of the initial (or renewed initial) license.

If Legal approves the denial, the inspector follows procedures outlined in 7630 Taking Adverse Action and 7633.3 Updating the Operation’s Status in CLASS.

See also 7620 Criteria for Taking Adverse Action

3700, Denial of an Application for a Permit and Reapplying After Denial or Revocation

3710 Denial Because of Failure to Comply With Minimum Standard Rules, Administrative Rules, or Law

April 2010

An application for a permit may be denied because the operation has failed to comply with minimum standard rules, administrative rules, or the law.

Procedure

The inspector denies the application according to procedure in 7600 Adverse Actions.

Texas Human Resources Code §42.072

3711 Denial Because of Background Information

September 2015

Central Registry, criminal history, or sustained controlling person background check results that involve an applicant, controlling person, or a non-client residing at the operation may require staff to deny a permit.

See:

3231.1  Basis to Deny a Permit for an Unsustained Central Registry Finding
3312  Evaluating Background Checks
10230  Acting on a Central Registry Background Check Match
10260 Handling Sustained Central Registry Findings
10750  When to Deny or Revoke a Permit Based on Criminal History or Child Abuse or Neglect History

3712 Deficiency for Which Correction Will Exceed Application Time Frame

April 2010

Deficiency may be found during the on-site inspection that cannot be corrected during the application time period. This is not applicable to listed home permits.

3713 Compliance History Indicates Inability to Meet Minimum Standard Rules

April 2010

The applicant may have a history of deficiencies under previous permits that result in a determination that the applicant will not be able to provide care for children that complies with minimum standard rules.

3714 Failure to Meet the Requirements of Public Notice or Hearing Laws

April 2010

For residential licensing, the failure occurs when an applicant does not meet the requirements of public notice or hearing laws, including submitting the results of the public hearing.

Texas Human Resources Code §§42.07242.0461

3720 Application for a License, Certificate, Registration, or Listing is Received and a Past Denial or Revocation Exists

September 28, 2018

A person whose license, certificate, registration, or listing is denied or revoked is not eligible to apply for one of those permits before the fifth anniversary of the date on which the denial or revocation by HHSC or court order took effect, whichever is later.

Texas Human Resources Code §42.072

3721 Criteria for Acceptance of an Application

June 2016

Procedure

The inspector accepts a complete application from an operation that is not providing care if:

  • at least five years have passed since a previous denial or revocation took effect; and
  • the applicant is qualified to apply. See 3223 Evaluating an Application for Completeness.

3722 Requirement That the Operation Be Closed Pending Issuance

April 2010

Procedure

The inspector does not:

  • accept an application from an operation that is providing care; and
  • issue the permit if the operation begins providing care before issuance.

3723 Reimbursement for Publishing the Notice of Revocation

September 28, 2018

Procedure

If an application is submitted more than five years after the revocation of a permit, the applicant must submit verification that the cost of reimbursing HHSC for publishing the notice of revocation has been paid. See 7633 Notice of Decision to Deny, Revoke, or Suspend an Application or Permit.

40 TAC §745.407

3724 Compliance History Indicates Inability to Meet Minimum Standard Rules

June 2016

Procedure

The applicant may have a history of deficiencies under previous permits that results in a determination that the applicant will not be able to provide care for children that complies with minimum standard rules.

3800, Handling Changes in an Operation, Type of Permit, Location, and Ownership

3810 Circumstances That May Require Amending the Permit

Revision 23-2; Effective June 26, 2023 

Changes Affecting Restrictions or Conditions

The permit may need to be amended because of changes requested by the operation that affect restrictions or conditions on the permit, including:

  • an increase or decrease to the operation’s infant capacity, if the operation is a licensed child care center;
  • an increase or decrease to the operation’s total capacity;
  • an increase or decrease in outdoor or indoor space to accommodate children;
  • a change in the age range of children in care;
  • a reduction in the number of toilets or sinks; 
  • a change in the type of service, for residential operations;
  • the opening or closing of a branch office for child-placing agencies;  
  • a change from a before or after-school program to a school-age program (or the reverse); or
  • a change of location.

26 TAC Sections 744.301; 746.301; 747.301; 748.153; 749.153

Texas Human Resources Code Section 42.048

Changes Required to Be Reported to CCR

Administrative rules and minimum standards for all types of operations (except listed homes and operations that have compliance certificates) require an operation’s governing body to notify CCR before making any change that would violate the restrictions or conditions on the permit.

26 TAC Sections 744.301; 746.301; 747.301; 748.153; 749.153

Changes that are Not Reported

The permit may need to be amended because of changes made by the permit holder that are not reported and that affect either the restrictions or conditions on the permit, or both.

The inspector must address the change as soon as he or she learns of it and determine if the failure to report the change was a violation of minimum standards.

Changes Recommended or Imposed by CCR

CCR may recommend that CCR amend the permit because of the operation’s failure to comply with the applicable statutes, administrative rules or minimum standards.

If the permit holder does not agree to request the amendment to the permit that the CCR staff recommend as a remedy, CCR staff consult with the supervisor and Regional Director to determine if a referral to Child Care Enforcement (CCE) is warranted to request an adverse amendment to the permit. 

See:

7600 Adverse Actions

Changes Imposed by Other Governmental Entities

If CCR learns of local ordinances or regulations that would affect the restrictions or conditions on the permit, CCR staff amend the permit to comply with those ordinances or regulations.

See 3823 Amending the Permit in CLASS

3811 When and How to Evaluate a Change in an Operation

Revision 23-3; Effective Sept. 22, 2023

The inspector evaluates the change and determines if it would pose a risk to children. The operation waits until the changes are approved by CCR before making the change in the operation. The inspector evaluates the following changes before approving them:

  • an increase or decrease to the operation’s infant capacity, if the operation is a licensed child care center;
  • an increase or decrease to the operation’s total capacity;
  • an increase or decrease in outdoor or indoor space to accommodate children;
  • a change in the age range of children in care;
  • a reduction in the number of toilets or sinks; and
  • if a residential child care operation makes a change in the:
    • gender of children in care; or
    • the type of service.

The CCR inspector consults with the supervisor and regional director if: 

  • the operation: 
    • is on probation; 
    • has been notified of the intent to impose adverse action by HHSC; or
    • is on heightened monitoring; or
  • the change poses significant risk to children.

Procedure

Evaluating Physical Changes to the Operation

A physical change includes:

  • additions or reductions to indoor space to be used by children in care;
  • the addition of a swimming pool or other permanent body of water on the premises; or
  • the increase or decrease in outdoor space (except for Child-Placing Agencies).

Inspecting the Operation to Evaluate a Change Request

The CCR inspector inspects the operation if the operation requested to make a physical change. Except for a change in location, the inspector inspects the operation within 30 days after receiving the information from the operation.

Obtaining Fire and Health Inspections

The inspector verifies that a licensed operation (other than a licensed child care home or CPA) obtains approved fire and health inspections as required when:

  • adding space to increase capacity; or
  • changing location.

Evaluating a Request to Increase Capacity

If the operation has requested an increase in capacity, the inspector evaluates the request by reviewing floor plans and photographs submitted by the operation, if any, or conducting an inspection to verify that the operation has adequate space, toilets and sinks to accommodate the increase (see 3823.2 Changing the Operation’s Capacity in CLASS).

For residential child care operations that are subject to public notice and hearing requirements, the inspector follows policies and procedures in 3140 Public Notice and Hearing Requirements for General Residential Operations (including its sub-items) before amending the permit.

Evaluating a Request to Add Treatment Services for Children with Emotional Disorders (GROs Only)

For a GRO that requests to add treatment services for children with emotional disorders to the permit, the CCR inspector: 

  • reviews and approves the plan detailed in Form 2960, Application for a License to Operate a Residential Child Care Facility, Attachment C, General Residential Operations – Additional Operational Plan, General Residential Operations – Additional Operational Plan; 
  • determines if the plan detailed in Form 2960, Attachment C is complete and contains clear responses;
  • reviews the operational policies before the operation may schedule a public hearing; and 
  • conducts an inspection if the operation made physical changes to the site to determine if the requested changes are appropriate.

Concerns with the Operational Plan

If the inspector has concerns with the plan detailed on Form 2960, Attachment C, or the updated operational policies, the inspector discusses those concerns with his or her supervisor and with the permit holder. If CCR cannot approve the operational plan, the inspector denies the operation’s request to amend the permit.

Approving the Operational Plan

If the inspector determines that the operational plan documented on Form 2960, Attachment C, is complete and contains clear responses, the inspector:

  • documents approval of the operational plan in CLASS in a Chronology (type Application) in CLASS;
  • uploads Form 2960, Attachment C to CLASS Document Library as outlined in 1310 Content and Organization of Child Care Regulation Records Content and Organization of Child Care Regulation Records;
  • informs the operation that it may schedule a public hearing;
  • follows policies and procedures in 3140 Public Notice and Hearing Requirements for General Residential Operations Public Notice and Hearing Requirements for General Residential Operations (including its sub-items); and
  • amends the permit after the hearing.

Evaluating Other Requests

For all other requests, the inspector: 

  • reviews the operation’s compliance history; 
  • reviews the operation’s policies; and 
  • may conduct an inspection to determine if the requested changes are appropriate.

If CCR staff approve changes to the permit, the inspector makes those changes according to 3823 Amending the Permit in CLASS.

See:

1430  Documenting and Storing Photographs, Video, Audio, Scanned Documents and Other Digital Files
1431  Documenting Photographs, Video, Audio, Scanned Documents and Other Digital Files
1432  Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files in CLASS Document Library

3812 When an Operation Changes Location

Revision 23-2; Effective June 26, 2023

When an operation changes location and notifies CCR of the change of location within the timeframes outlined in administrative rule and the table below, CCR staff:

  • provide the operation with the applicable change of address request form;
  • conduct an inspection for all operations except listed family homes after receiving the change of address request form; and
  • amend the permit to reflect the new address but do not change the issuance date if the operation is in compliance with applicable statutes, administrative rules and minimum standards.

CCR staff do not generate a new fee invoice when an operation changes location.

Operation TypeOperation Notifies CCR No Later ThanCCR Sends This FormCCR Conducts an Inspection Within
Listed Family Home15 days after relocatingCLASS Form 2811 Change of Address RequestN/A
Registered Child Care Home15 days after relocatingCLASS Form 2811 Change of Address Request15 days of receiving the completed form
Licensed Child Care Home15 days before relocatingSharePoint Form 2002 Licensed or Certified Child Care Operation Change of Address Request15 days of receiving the completed form
  • School-Age Program;
  • Before or After-School Program;
  • Child -Care Center;
  • General Residential Operation;
  • Child-Placing Agency
30 days before relocatingSharePoint Form 2002 Licensed or Certified Child Care Operation Change of Address Request21 days of receiving the completed form

If the operation moves without giving CCR timely notice, CCR staff cite a deficiency for the operation failing to notify CCR of the move according to the timeframes in administrative rules and minimum standards. In addition, the inspector discusses with the supervisor whether CCR will:

  • amend the permit to reflect the new address; or 
  • consult with the regional director to determine whether to submit a referral to Child Care Enforcement (CCE) to recommend that HHSC revoke the permit.

See:

3823 Amending the Permit in CLASS      
7110 Circumstances That May Call for Enforcement Action      
26 TAC Sections 744.301; 745.435(b); 746.301; 747.301; 748.153; 749.153       
Texas Human Resources Code Section 42.048

3820 How to Evaluate and Process Amendments to a Permit

3821 How to Address Plans for Change

July 2018

Procedure

Determine whether the change will necessitate amending the permit. When information about a plan for changing the operation is received, the inspector completes the following tasks:

  1. Determine whether the changes could violate statute, administrative rules, or minimum standards.
  2. Discuss the change with the permit holder or designee to ensure agreement with the changes to the permit.
  3. If compliance is established, document the changes in CLASS, which may include processing the amendment by preparing a new permit.

3822 Documenting Changes for Child Day Care Operations When Amending the Permit is Not Required

July 2018

Procedure

Licensed or Certified Child Day Care Operations

If amending the permit is not required but the restrictions recorded on Form 2910 Application for a License or Certification to Operate a Child Day Care Facility have changed, the inspector documents the changes in the operation’s record in CLASS and notes the changes made in CLASS Chronology.

Registered Child Care Homes

If amending the permit is not required, but the restrictions recorded in CLASS have changed, the inspector documents the changes in the operation’s record in CLASS.

Restrictions that do not require an amendment of the permit include changes to the operation’s capacity, the ages of the children, and the hours, days, and months of operation.

Licensing staff document any conditions or restrictions that need to be noted on the permit in the Description box of the Conditions for Permit, Registration or Certification section of the operation’s Issuance page in CLASS.

3823 Amending the Permit in CLASS

Revision 23-2; Effective June 26, 2023

CCR staff amend an operation’s permit by updating the Issuance and Operation Main pages in CLASS when CCR:

  • Approves an operation making changes to the permit including:
    • capacity;
    • age range of children served;
    • gender (RCCR only);
    • services the operation offers;
    • location;
    • name of the operation; or
  • Adds conditions to the permit.

After amending information that displays on an operation's permit, CCR staff take the steps outlined in 3824 Issuing the Amended Permit.

Adverse Amendments

CCR handles an adverse amendment the same as an adverse action. CCR staff send a recommendation to CCE for an adverse amendment.

See 7600 Adverse Actions.

3823.1 Changing the Operation’s Restrictions and Conditions in CLASS

Revision 23-2; Effective June 26, 2023

Procedure

Restrictions

CCR staff document changes to the permit restrictions under the Restrictions box on the Issuance page by:

  • selecting or de-selecting the age options;
  • selecting or de-selecting the gender options (RCCR only); 
  • entering the total infant capacity, if applicable; or
  • changing the total licensed capacity.

Conditions

CCR staff enter a description for conditions to be listed on the permit in the Description box under the Conditions for Permit, Registration or Certification section on the Issuance page.

See 3424 Applying Additional Types of Conditions or Restrictions and its sub-items for examples of conditions.

Amendments to Restrictions or Conditions

CCR staff document a summary of the amendments to restrictions or conditions to the permit under the Full Issuance Amendments section of the Issuance page and selects which type of amendment applies. 

3823.2 Changing the Operation's Capacity in CLASS

Revision 23-2; Effective June 26, 2023

CCR staff take steps to change an operation’s capacity in CLASS when:

  • the operation requests a change in capacity;
  • CCE changes the operation’s capacity as an adverse amendment; or
  • another governmental entity changes the operation’s capacity.

See 3424.3 Fire and Sanitation Reports and Other Local Ordinances

Procedure

Operation Requests to Decrease Capacity

If the operation requests to decrease capacity, CCR staff may complete the following on the Issuance page in CLASS: 

  • select Change Capacity in the Restrictions section;
  • enter the operation’s requested capacity and save at the bottom of the page; and
  • generate an amended permit to reflect the updated capacity.

Operation Requests to Increase Capacity

If the operation requests to increase capacity, CCR staff evaluate whether the operation can meet standards relevant to the amendment as outlined in 3811 When and How to Evaluate a Change in an Operation.

CCR staff then complete the following on the Issuance page in CLASS:

  1. select Change Capacity under the Restrictions section;
  2. enter the requested capacity and save at the bottom of the page;
  3. document whether:
    • CCR approved the operation’s request to increase capacity;
    • CCR approved the operation’s request to increase capacity by a lower amount than requested by the operation;
    • CCR rejected the request to increase capacity; or
    • the operation withdrew the request to increase capacity.

CLASS automatically generates the Capacity Fee Invoice when staff approve the operation’s request to increase capacity in CLASS.

CCR staff then generate and issue an amended permit to reflect the updated capacity if:

  • CCR staff approved the request; and
  • the operation paid the change in capacity fee when the request is to increase capacity and the operation is not exempt from paying permit fees. 

If the operation is exempt from paying permit fees, the inspector documents the fee exemption according to 3121.1 Documenting Fee Exemptions in CLASS before approving the capacity increase.

If CCR staff approve the request to increase capacity in CLASS, but circumstances change requiring the operation to withdraw the request or submit a new request, the inspector follows 3823.1 Changing the Operation’s Restrictions and Conditions in CLASS.

5236 Capacity Increase Fee Invoice (Also Known as Amendment Fee)

5240 Verification of Fee Payments

3823.3 Changing the Operation’s Permit in CLASS for the Gender or Ages Served

Revision 23-2; Effective June 26, 2023

If the operation made changes to the ages of children served, and CCR approves this change, the inspector documents the change in the Restrictions section on the Issuance page. CCR staff generate and send a new permit to the operation for the following operation types: 

  • licensed child care home;  
  • school-age program;  
  • before or after-school program;   
  • licensed child-care center; 
  • general residential operation; or 
  • child-placing agency. 

For an RCCR operation that makes a change to the permit for the gender of children served and CCR approves this change, the inspector:  

  • documents the change in the Restrictions section on the Issuance page; and 
  • generates and issues an amended permit to the operation.

3823.4 Changing a Residential Child Care Operation’s Services Offered in CLASS

Revision 23-2; Effective June 26, 2023

If the operation is a GRO or CPA and the operation made changes to the services the operation provides and CCR approves this change, the inspector:  

  • documents the changes in services on the Operation Main page in CLASS; and 
  • generates and issues an amended permit to the operation.

3823.5 Changing the Operation’s Address in CLASS

Revision 23-2; Effective June 26, 2023

When an operation changes location and CCR approves the change, CCR staff update the Operation Main page in CLASS to reflect the new address. 

LFH, RCCH, or CPA Branch Changes Location 

If a listed family home, registered child care home, or child-placing agency branch changes location, CCR staff take the following steps on the Operation Main page in CLASS: 

  • enter the new location address; 
  • validate the new address; and 
  • save the change at the bottom of the page. 

LCCH, LCCC, BAP, SAP, CPA Main, or GRO Changes Location

If a licensed child care home, a licensed child-care center, before or after-school program, school-age program, child-placing agency main office, or general residential operation changes location, the inspector informs the supervisor, after which the supervisor: 

  • selects Address Correction button on the bottom of the Operation Main page; 
  • enters the new location address; 
  • validates the address; and 
  • saves the page.

3823.51 Which CCR Staff Can Change an Operation’s Address in CLASS

Revision 23-2; Effective June 26, 2023

The table below lists the minimum CLASS role that may change an operation’s address in CLASS:

Operation TypeMinimum CLASS Role That Can Change the Operation's Address
Listed Family HomeAdmin Technician
Registered Child Care HomeLicensing Representative (Inspector)
Licensed Child Care HomeSupervisor
Licensed Child-Care CenterSupervisor
Before or After-School ProgramSupervisor
School-Age ProgramSupervisor
Child-Placing Agency MainSupervisor
Child-Placing Agency BranchLicensing Representative (Inspector)
General Residential OperationSupervisor

See:

Appendix 1000-2 Security Roles and Functions in CLASS

3824 Issuing the Amended Permit

Revision 23-2; Effective June 26, 2023

Procedure

If an inspector places any condition on the permit, the inspector documents the changes and the effective date in the Conditions for Permit, Registration, or Certification section on the Issuance page.

For all changes that display on the operation’s permit, the inspector documents an effective date and a summary of the reason for the amended permit in the Full Issuance Amendments section on the Issuance page.

The inspector creates and prints a copy of the amended permit and applicable issuance letter and mails or delivers the copy to the operation.

See 3823 Amending the Permit in CLASS

3830 Changes that Require an Application for a New Permit

Revision 23-2; Effective June 26, 2023

The governing body or owner of an operation must apply for a new permit and submit the appropriate fees for a change in:

  • permit type; or
  • ownership.

See:

3833 Change of Ownership  
26 TAC Sections 745.429; 745.435; 745.437; 744.301; 746.301; 747.301; 748.153; 749.153

3831 Change to Type of Permit

July 2018

A governing body’s request to change permit type may include:

  1. a licensed operation becoming a registered or listed operation or an operation with a compliance certificate;
  2. an independent foster home becoming a general residential operation;
  3. a registered operation home becoming a licensed or listed operation;
  4. a listed operation becoming a registered or licensed operation;
  5. an operation with a compliance certificate becoming a licensed operation; or
  6. a licensed operation transitioning into another licensed type of operation that is governed under a different chapter of minimum standards.

3831.1 Establishing Compliance with Minimum Standards

July 2018

The operation must establish compliance with the minimum standards applicable to the new type before a new permit is issued.

See 3310 Evaluating Before Issuing a Permit, to determine whether to issue an initial or full permit to a licensed operation.

See 3313 Inspecting the Operation (Except Listed Homes), to determine which administrative rules or minimum standards must be evaluated for compliance before issuance.

3832 Reserved for Future Use

Revision 23-2; Effective June 26, 2023

3833 Change of Ownership

July 2018

If a change in ownership occurs in an operation, the permit is revoked.

A change in ownership includes any of the following:

  1. The owner stated on the permit no longer owns the operation.
  2. The governing body stated on the permit no longer has the ultimate authority and responsibility for the operation.
  3. There is a change in the legal organizational structure of the operation.
  4. If the permit holder is a type of business entity, and that business entity is sold.

Exception

If the permit holder is a type of business entity, and that business entity is sold, a change in ownership of an operation does not include the acquisition of a corporate permit holder’s publicly traded stock if all of the following conditions exist:

  1. The corporate permit holder listed on the application and on the permit will continue to exist as the same corporate entity and to own and operate the operation.
  2. There will be no change in the operation’s policy or procedure because of the transaction.
  3. There will be no change in the staff who have contact with children in care because of the transaction.
  4. Any change in the day-to-day operations that might occur after the sale is in the ordinary course of business and not as a result of the stock transaction.

Texas Human Resources Code §42.048

40 TAC §745.437

Procedure

The permit holder must notify Licensing as early as possible before the change in ownership, and the new owner must apply for a new permit. If the permit holder did not notify Licensing of the change in ownership, but Licensing staff learn that an operation has changed or will change ownership, the inspector sends CLASS Form Vol Suspension/Relocation/Clsr Letter 2865e, 2825, to the permit holder or the new owner, as appropriate, confirming the change. The inspector also provides application materials to the new owner or instructions on where to find a copy of the application materials online.

Operations must pay new application and license fees, as applicable.

40 TAC §745.439

26 TAC §§744.303746.303748.153749.153750.123(1)

3834 Steps to Process an Application

July 2018

Procedure

For licensed operations, see 3313.4 Evaluating Compliance to determine whether an initial or full license permit is needed.

The application is processed according to the procedures in 3200 Processing the Application for a License, Certificate, Compliance Certificate, Registration, or Listing Permit.

3834.1 When a Permit is Added or Replaced

July 2018

Policy

A new permit will supersede the old unless the operation is adding an additional permit.

3834.2 Public Notice and Hearing Requirements

July 2018

For residential child care, applicants may be subject to public notice and hearing requirements. See 3141 General Requirements for Public Hearing and Notices.

Texas Human Resources Code §42.0461

3834.3 Documentation in CLASS

July 2018

Procedure

In the CLASS, a new operation number will be given for a new application.

To retain the history of the operation, the inspector enters the operation number in the Issuance History field on the new operation’s Main page in CLASS.

See also 2200 Types of Child Care and Multiple Operations.

3840 When Operations are Ineligible for Grandfather Provisions if Location or Ownership Changes

3841 Child Day Care

July 2018

If a child day care operation that was issued a permit before September 1, 2003, changes location or ownership, the operation can no longer operate under any of the grandfather provisions in Texas Administrative Code (TAC) Chapters 746 and 747,unless the inspector and inspector’s supervisor has determined that a change in ownership has not nullified the grandfather provisions.

Texas Human Resources Code §42.048(e)

3842 Residential Child Care

July 2018

If a residential child care operation that was issued a permit before January 1, 2007, changes location or ownership, the operation can no longer operate under any of the grandfather provisions in Texas Administrative Code (TAC) Chapters 748749, and 750, unless the inspector and inspector’s supervisor have determined that a change in ownership has not nullified the grandfather provisions.

Texas Human Resources Code §42.048(e)

3900, Permit Renewal

3910 Overview of Permit Renewals

3911 Operations Subject to Permit Renewal

July 2018

A full license, certificate, and registration will expire if it is not renewed.

Permit renewal requirements do not apply to listed family homes, temporary shelter programs, and small employer-based child care operations.

26 TAC Section 745.471

Texas Human Resources Code Sections 42.04842.05042.052

3912 When an Operation’s Permit Renewal is Due

Revision 22-4; Effective Sept. 20, 2022

An operation that is subject to permit renewal must renew its permit on the second anniversary of the issuance of the full permit and every two years thereafter.

26 TAC Section 745.473

3913 Definitions of Renewal Period and Late Renewal Period

Revision 22-4; Effective Sept. 20, 2022

The “renewal period” is the period beginning 60 days before the full permit’s anniversary date and ending on the anniversary date, which occurs in the year the operation renews its permit. An operation may not submit a renewal application before the renewal period begins.

The “late renewal period” is the 30-day period after the renewal period ends. A renewal application submitted during the late renewal period is considered a late renewal application. An operation submits a renewal application by the end of the late renewal period to avoid expiration of its permit.

26 TAC Section 745.473

3920 Permit Renewal Application Process

3921 Notifying the Operation and Sending the Permit Renewal Application

July 2018

At the beginning of an operation’s renewal period, CCR notifies the operation that the operation’s permit renewal is coming due.

Procedure

Operation Has Contact Email Address

If the operation’s contact email address is listed in CLASS, CLASS sends a system-generated email to the operation that includes the notification and instructions for submitting a renewal application online. CLASS sends a copy of this notice to the inspector.

Operation Does Not Have Contact Email Address

For operations that do not have a contact email address listed in CLASS, CCR staff generate a copy of the notification letter and pre-populated renewal application on the Permit Renewal page in CLASS and mail to the operation by the beginning of the operation’s renewal period.

3922 How an Operation Submits a Permit Renewal Application

Revision 22-4; Effective Sept. 20, 2022

Procedure

An operation may submit a permit renewal application online through the provider's Child Care Regulation Account or mail a paper renewal application.

Operation Requests a Paper Application

If an operation received a system-generated email with instructions for completing the permit renewal application online, but prefers to submit a paper application, the CCR inspector:

  • selects the Provider Requests Paper check box on the Permit Renewal page in CLASS;
  • generates the Permit Renewal Application Due Notification and pre-populated renewal application on the Permit Renewal page; and
  • prints and mails the notification and renewal application to the operation.

3922.1 Definition of a Complete Permit Renewal Application

Revision 23-1; Effective Apr. 21, 2023

A complete permit renewal application includes the operation submitting all of the following:

  1. verification that the following about the operation is current and accurate:
    • basic information on the Search Texas Child Care website;
    • list of controlling persons in the provider’s online account; and   
    • list of governing body members in the provider’s online account;
  2. indication if the operation continues to need any existing waivers or variances;
  3. verification that the operation has validated the list of persons who require a background check as required by 26 TAC Section 745.651(2); and
  4. if the operation is a general residential operation that provides treatment services for children with emotional disorders and a public hearing is required by 26 TAC Section 745.487, a written response that addresses any public comments made during the public hearing.

26 TAC Section 745.475

3923 Time Frames for Processing a Permit Renewal Application

Revision 22-4; Effective Sept. 20, 2022

The CCR inspector has 30 days from the date CCR receives the renewal application to renew the operation’s permit, reject, or refuse to renew the permit.

26 TAC Sections 745.475, 745.477 

3924 Processing the Permit Renewal Application

Revision 24-1; Effective Feb. 20, 2024

The inspector completes all the following tasks in the chart below to determine whether to:

  • accept the renewal application;
  • reject the renewal application; or 
  • refuse to renew the permit.
TaskCCRH Reference
Determine if the renewal application is complete.3922.1 Definition of a Complete Renewal Application
Enter the renewal application into CLASS, if the operation submitted a paper application.3924.1 Entering a Paper Application into CLASS
Review the operation’s fee payment history. Determine if the operation has paid all fees or administrative penalties that are not pending due process.3924.2 Verifying Fee and Administrative Penalty Payments
Review the previous five-year compliance history. Determine if there are repeated, re-cited, or pattern of deficiencies. If so, decide whether to recommend adding conditions to the permit. 3924.3 Reviewing the Five-Year Summary of Deficiencies Details

Determine what steps to take if the operation has not corrected each deficiency.

If an inspection is required to verify the operation’s compliance with a standard, conduct the inspection before accepting or rejecting the application.

3924.4 Reviewing Deficiencies Not Corrected Details
Review the information that the operation provided regarding any waivers or variances and determine which steps to take.5140 Processing a Waiver or Variance Request

5144 Documenting Outcomes for Waivers and Variances

5150 Renewing a Waiver or Variance
If the operation is a general residential operation providing treatment services for children with emotional disorders, determine if the commissioner’s court of the county where the operation is located has requested that CCR hold a public hearing.3924.5 Public Hearings for Permit Renewals of Certain General Residential Operations

Before rejecting a renewal application or refusing to renew a permit, the CCR inspector helps the operation complete the renewal application if:

  1. the inspector has any questions about the operation’s responses on the renewal application;
  2. the provider has not fully completed the paper renewal application;
  3. the inspector needs to verify fee payments;
  4. the operation’s people list needs to be validated; or
  5. there are deficiencies that the inspector needs to follow up on.

26 TAC Sections 745.475, 745.477, 745.651 

3924.1 Entering a Paper Permit Renewal Application into CLASS

Revision 23-3; Effective Sept. 22, 2023

Procedure

When an operation submits a paper renewal application, the CCR inspector completes the following tasks to enter the application in CLASS:

  • creates a new permit renewal submission by selecting Add Submission on the Permit Renewal page; and
  • on the Permit renewal Application Details page:
    1. enters the date the application was received; 
    2. selects or enters the applicable answer for each section of the application based upon information the operation submitted to CCR and the inspector’s evaluation of the information as outlined in the sections below;
    3. saves the page;
  • stores the paper application according to Appendix 1000-1, Organizing Child Care Regulation Records; and
  • uploads the application and supporting documents to CLASS Document Library from the applicable CLASS page as outlined in 1310 Content and Organization of Child Care Regulation Records.

Operation Details

The inspector indicates whether the operation made any updates to the operation’s information. If the operation made any updates to the operation details, the inspector also updates the operation’s information in the applicable page in CLASS.

Controlling Person Details

The inspector indicates whether the operation requested to:

  • add any controlling persons; and
  • remove any controlling person. 

If the operation requested to add a controlling person, the inspector indicates whether the operation submitted the request as required (i.e., either using Form 2760, Controlling Person – Child Care Regulation, or through the provider’s online account). 

CCR staff follows the policies in 5400 Controlling Person to end-date or add a controlling person to CLASS.

Governing Body Details (Not Applicable to Registered Child Care Homes)

The inspector indicates whether the operation has any vacant positions in the governing body or has made any changes to the governing body. If the operation made changes to the governing body, the inspector indicates whether the operation submitted the changes as required, either using:

  • Form 2911, Child Care Licensing Governing Body/Director Designation; 
  • Form 2819, Residential Child Care Licensing Governing Body/Administrator or Executive Director Designation; or 
  • through the operation’s online account. 

The inspector follows the policies in 3213.1 Governing Body and Licensing Responsibilities and makes the appropriate updates in CLASS.

Waiver/Variance Details

The inspector indicates whether the operation no longer needs a waiver or variance or needs to submit a new request for an expired waiver or variance. 

If the operation needs to submit a new request for an expired waiver or variance, the inspector: 

  • indicates whether the operation submitted the request as required (i.e., using Form 2937, Child Care Regulation Waiver/Variance Request, or through the operation’s online account); 
  • Updates the Waiver/Variance Details page in CLASS according to 5100 Waivers and Variances; and
  • Verifies the operation acted on each expired waiver or variance request.

If the operation no longer needs the waiver or variance, the inspector:

  • indicates the waiver or variance is no longer needed; and
  • updates the Waiver/Variance page in CLASS according to 5100 Waivers and Variances.

Background Check Details

The inspector indicates whether the operation certified that the operation has:

  • submitted background checks on all persons as required by 26 TAC Chapter 745, Subchapter F; and
  • validated the Employee List in accordance with 26 TAC Section 745.651(2)

Fees Details

The inspector indicates whether all fees and administrative penalties for the past two years are paid. The inspector follows the policy in 3924.2 Verifying Fee and Administrative Penalty Payments.

See:

1430  Documenting and Storing Photographs, Video, Audio, Scanned Documents and Other Digital Files
1431  Documenting Photographs, Video, Audio, Scanned Documents and Other Digital Files
1432  Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files in CLASS Document Library 

3924.2 Verifying Fee and Administrative Penalty Payments

Revision 22-4; Effective Sept. 20, 2022

Procedure

The CCR inspector reviews the operation’s Invoice and Payment Summary page in CLASS and verifies that the operation does not have any overdue fees or administrative penalty payments. The inspector may need to contact the operation to verify fee payments or search for unlinked payments on the Verify Payments page in CLASS.

The inspector then indicates if any fees or administrative penalties are overdue on the Permit Renewal Application Details page in CLASS. An administrative penalty is not overdue until 30 days past:

  • the date the order was sent; or
  • the date the court upheld the penalty.

If one or more fees or administrative penalties are overdue, the inspector adds each fee or penalty separately. For each fee or penalty that is overdue, the inspector documents:

  1. the type of fee or penalty that is overdue (annual, background check or administrative penalty);
  2. the amount that is overdue;
  3. the year the fee was due for annual fees; and
  4. the invoice number for the penalty.

If the inspector is able to verify a payment after adding the fee or penalty to the Permit Renewal Application Details page, the inspector may delete the row.

See 5240 Verification of Fee Payments

3924.3 Reviewing the Five-Year Summary of Deficiencies Details

Revision 23-1; Effective Apr. 21, 2023

CCR staff review the operation’s five-year compliance history to determine if the operation has repeated deficiencies or a pattern of deficiencies. The evaluation of the five-year compliance history determines whether CCR:

  • renews the permit without adding conditions or restrictions;
  • adds conditions or restrictions to the permit to address the repeated deficiencies or pattern of deficiencies when renewing the permit; or
  • takes the adverse action Refuse to Renew.

If CCR decides to renew the permit, the CCR inspector ensures the operation meets all other requirements for permit renewal before renewing the permit.

Texas Human Resources Code Sections 42.050(c), 42.072 

26 TAC Section 745.8655

Procedure

To determine if the operation has repeated deficiencies or a pattern of deficiencies, the inspector selects Proceed to Review Deficiencies on the Permit Renewal Application Details Page to navigate to the Five-Year Summary of Deficiencies page. The Five-Year Summary of Deficiencies page in CLASS shows: 

  1. the following information regarding deficiencies from the five-year period:
    • a total count of all deficiencies;
    • detail of repeated and re-cited deficiencies;
    • number of all deficiencies by subchapter; and
    • number of all deficiencies by weight;
  2. the inspector’s assessment of the re-cited and repeated deficiencies;
  3. the inspector’s assessment of whether the operation had a pattern of deficiencies;
  4. whether the inspector recommended adding conditions or restrictions to the permit; and
  5. the supervisor decision, if the inspector recommended adding conditions or restrictions to the permit.

If the Operation Has No Repeated or Re-cited Deficiencies

If there are no repeated deficiencies or re-cited deficiencies:

  • the questions in the Assessment of Deficiencies section automatically prefill with No, and the Comment text box associated with each question prefill with a message stating that there were no repeated or patterns of deficiencies found and no additional conditions or restrictions on the permit are recommended;
  • the inspector saves the page; and
  • the inspector continues processing the renewal application.

If the Operation Has Repeated Deficiencies, Re-cited Deficiencies, or a Pattern of Deficiencies

If there are repeated, re-cited, or a pattern of deficiencies, the inspector evaluates the deficiency information on the Five-Year Summary of Deficiencies page.  

If the inspector recommends imposing an adverse action based on the operation’s compliance history, CCR staff follow procedures in 7630 Taking Adverse Action.

If the inspector does not recommend an adverse action, the inspector completes the Assessment of Deficiencies section on the Five-Year Summary of Deficiencies page, which includes an assessment of whether the inspector recommends that CCR adds conditions or restrictions to the operation’s permit.  

  • If the inspector does not recommend adding conditions or restrictions to the permit, the inspector continues processing the renewal application.
  • If the inspector recommends adding conditions or restrictions to the operation’s permit to address repeated, re-cited, or patterns of deficiencies, the inspector enters in the Comments on Permit Conditions text box:
    • the reasons why the conditions or restrictions are recommended; and
    • what conditions or restrictions the inspector recommends be added.

Additional Steps when an Inspector Recommends Adding Conditions or Restrictions to the Permit

If the inspector recommends adding conditions or restrictions to the permit, the supervisor reviews and approves or rejects the recommendation in CLASS within three days.  

If the supervisor does not approve the inspector’s recommendation, the supervisor adds comments explaining the inspector’s next steps. The next steps may include actions such as:

  • renewing the permit without adding conditions or restrictions; 
  • refusing to renew the permit; or 
  • recommending or imposing other enforcement actions.

If the supervisor approves the inspector’s recommendation:

  • the inspector adds the conditions or restrictions according to 3823 Amending the Permit in CLASS; and 
  • CCR staff follow procedures in 7622 Criteria for Imposing an Adverse Amendment.

3924.4 Reviewing Deficiencies Not Corrected Details

Revision 22-4; Effective Sept. 20, 2022

CCR may not renew a permit of an operation if the operation has not corrected any deficiency unless the deficiency is: 

  • pending an administrative review; or 
  • the basis for a corrective or adverse action that is pending an administrative review or due process hearing.

If an operation has not corrected deficiencies that do not meet the exemption criteria above, CCR staff consult with the supervisor on the next steps, which may include:

  • following up with the operation;
  • rejecting the renewal application; 
  • expiring the permit; or
  • refusing to renew the permit.

Texas Human Resources Code Section 42.050(c-1)

26 TAC Section 745.477 

Procedure

The CCR inspector reviews the Deficiencies Not Corrected Details section on the Permit Renewal Application Details page to determine if the operation has not corrected any deficiencies that are: 

  • not pending an administrative review; or 
  • the basis for an action pending an administrative review or due process hearing. 

If this page does not list any such deficiencies, the CCR inspector proceeds with processing the renewal application. 

If the page lists any such deficiencies, the CCR inspector reviews the Action Needed column for each deficiency in the Deficiencies Not Corrected Details section and takes the applicable steps outlined in the table below:

Action NeededInspector Next Steps
Update Admin Review StatusIdentify which of the statuses is pending and update as necessary. More than one status may need to be updated. Updating the status may result in the deficiency being removed from the list or the status changing to Follow-Up Needed.
Follow-Up NeededFollow-up with the operation to determine if the operation has corrected the deficiency. If the deficiency has been corrected, the system will remove it from the list.

If all deficiencies are removed from the list after the CCR inspector addresses the Current Deficiencies Not Corrected, the inspector proceeds with processing the renewal application.

If one or more deficiencies remain on the list after the CCR inspector addresses the Current Deficiencies Not Corrected, the inspector consults with the supervisor whether to:

  • follow-up with the operation again;
  • reject the renewal application;
  • expire the permit; or
  • refuse to renew the permit.

See also

3924 Processing the Permit Renewal Application
3926 Rejecting a Renewal Application
3927 Refusal to Renew a Permit
3930 Expiration of a Permit
4300 Conducting a Follow-Up with an Operation
26 TAC Section 745.477(a)

3924.5 Public Hearings for Permit Renewals of Certain General Residential Operations

July 2021

The commissioner’s court of a county where a general residential operation providing treatment services for children with emotional disorders is located may request that CCR hold a hearing before renewing the operation’s permit. The purpose of the hearing is to provide the public with a reasonable opportunity to speak on any issue related to renewal of the GRO’s permit.

Procedure

When the commissioner’s court requests a hearing related to the renewal of a permit for a GRO providing treatment services to children with emotional disorders, CCR staff are responsible for scheduling, providing notice of and facilitating the hearing. The GRO that submitted the renewal application is required to attend the hearing.

Hearing Notice

CCR staff create a hearing notice that includes the following information:

  1. The name, address and phone number of the CCR representative who will facilitate the hearing;
  2. The name and address of the GRO that submitted the renewal application;
  3. The date, time and location of the hearing;
  4. A description of the population that the GRO currently serves, the services provided (except for the provision of trafficking victim services), the number of children that the operation is currently licensed to serve, and the number of children the operation is currently serving; and
  5. A statement that the public hearing is for CCR to receive public comments regarding the renewal of the GRO’s license.

Ten days prior to the scheduled hearing, the inspector:

  • sends the notice to the commissioner’s court;
  • sends the notice to the GRO that submitted the renewal application; and
  • posts a notice of the hearing on the CCR public website.

Conducting the Hearing

CCR provides the written hearing procedures to the public with a reasonable opportunity to offer public comments on any issues related to the renewal of the GRO’s license, including how the hearing will be conducted, order of witnesses and the conduct of participants at the hearing.

26 TAC §§745.475745.477745.487745.489

3925 Accepting a Renewal Application

Revision 22-4; Effective Sept. 20, 2022

Procedure

The CCR inspector accepts the renewal application and renews the permit when the renewal application and all tasks associated with processing the renewal application are complete. 

The inspector renews the operation’s permit by sending the operation CLASS Form Permit Renewal Issuance Notification, which the operation then posts next to its permit.

See also:

3922.1 Definition of a Complete Permit Renewal Application
3924 Processing the Permit Renewal Application
26 TAC Section 745.479

3926 Rejecting a Renewal Application

Revision 22-4; Effective Sept. 20, 2022

CCR rejects the renewal application when:

  • the permit renewal application is incomplete, and the provider does not respond to phone calls or emails about the renewal application; or
  • there are deficiencies that the operation has not corrected and CCR has followed-up on the deficiencies as outlined in 3924.4 Reviewing Deficiencies Not Corrected Details.

Procedure

When the CCR inspector determines that a permit renewal application should be rejected, the inspector: 

  • obtains approval to reject the application from the supervisor or program administrator; 
  • documents the rejection in CLASS; and
  • sends the operation CLASS form Permit Renewal Application Rejection Notification.

3926.1 Documenting the Permit Renewal Rejection in CLASS

Revision 22-5; Effective Nov. 4, 2022

The Permit Renewal Application Details page displays system-generated reasons for rejecting the renewal application. The CCR inspector may also document rejection reasons or provide further explanation in the Rejection Reasons narrative box on the Permit Renewal Application Details page.

If the application is being rejected because the operation has not corrected deficiencies, the Rejection Letter Details section lists the deficiencies that are listed in CLASS form Permit Renewal Application Rejection Notification.

After the inspector sends CLASS form Permit Renewal Application Rejection Notification, the Rejection Letter Details section will not update when deficiencies in the Deficiencies Not Corrected Details section update.

3926.2 Notifying the Operation of Rejecting the Permit Renewal Application During the Renewal Period

Revision 22-4; Effective Sept. 20, 2022

Procedure

If the operation submitted the renewal application during the renewal period, the CCR inspector sends the CLASS form Permit Renewal Application Rejection Notification to the operation. The notification includes a list of reasons why the permit renewal application was rejected and contains instructions and deadlines for resubmitting the permit renewal application. If the inspector is rejecting the application because the operation has not corrected deficiencies, the rejection letter will list these deficiencies.

Operation Has Contact Email Address

CLASS  will automatically generate and send the notification to the operation if:

  • the operation has a contact email address in CLASS; and 
  • has not indicated a preference for a paper renewal application. 

Operation Does Not Have Contact Email Address

The inspector prints and mails the rejection letter, which includes a new renewal application, to the operation if: 

  • the operation does not have a contact email address in CLASS; or 
  • has indicated a preference for a paper renewal application. e inspector prints and mails the rejection letter (which includes a new renewal application) to the operation.

3926.3 Notifying the Operation of Rejecting the Permit Renewal Application During the Late Renewal Period

July 2018

Procedure

If the operation submitted the renewal application during the late renewal period, the CCR inspector sends the CLASS Form Final Permit Renewal Application Rejection Notification, which includes a new renewal application, to the operation. The notification includes a list of reasons why CCR rejected the permit renewal application, and:

  • instructions and deadlines for resubmitting the permit renewal application, if the operation is eligible to submit another renewal application; or
  • a statement that the operation is not eligible to submit another renewal application.

Operation Has Contact Email Address

If the operation has a contact email address in CLASS and has not indicated a preference for a paper renewal application, CLASS will automatically generate and send the notification to the operation.

Operation Does Not Have Contact Email Address

If the operation does not have a contact email address in CLASS or has indicated a preference for a paper renewal application, the inspector prints and mails the rejection letter to the operation.

3927 Refusal to Renew a Permit

Revision 22-4; Effective Sept. 20, 2022

CCR may refuse to renew the permit of an operation that is subject to the permit renewal requirements. A refusal to renew is a type of adverse action that may occur before or after the renewal period expires.  

Procedure

When refusing to renew a permit, CCR staff:

  • leave the renewal application pending;
  • do not send CLASS Form Final Permit Renewal Application Rejection Notification to the operation; and
  • follow procedures in 7630 Taking Adverse Action. 

26 TAC Section 745.8655 

3930 Expiration of a Permit

July 2018

There are three ways a permit can expire:

  1. The operation does not submit a permit renewal application by the end of the late renewal period.
  2. CCR rejects a permit renewal application that the operation submitted during the renewal period, and the operation does not submit another renewal application by the end of the late renewal period.
  3. CCR rejects a permit renewal application that the operation submitted during the late renewal period, and the operation does not submit a complete renewal application within 15 days after the date of rejection.

26 TAC Section 745.481

Procedure

CLASS will identify any operation that meets one of the conditions for expiration of the permit.

Within five days of receiving the To-Do notification that an operation meets the conditions for expiration, the inspector must either work with the operation to accept the renewal application or expire the permit.

To expire the permit of an operation that meets one of the conditions for expiration, the CCR inspector:

  1. obtains supervisory approval to expire the permit;
  2. documents the reason for the expiration, the name of the supervisor who approved the expiration, and the date of the approval in the Comments narrative box in the Expire Permit section on the Permit Renewal page;
  3. selects Proceed to Expire Permit;
  4. prints and sends the CLASS Form Permit Expiration Notification to the operation via certified mail; and
  5. sets the Operating Status to No on the operation’s main page in CLASS and enters the date the permit was expired as the Effective Date.

A supervisor may provide approval for the inspector to exceed the five-day time frame. Natural disasters or other issues beyond the operation’s control that may have interrupted mail services or otherwise prevented the operation’s ability to meet the deadline should be considered before expiring the operation’s permit.

The inspector documents the supervisor’s approval to exceed the five-day time frame in a Chronology (type Renewal). Documentation includes the supervisor’s full name and date of approval.

3931 Closing the Operation Due to Expiration of the Permit

Revision 22-4; Effective Sept. 20, 2022

Procedure

Within 15 days of expiring the permit and sending the CLASS form Permit Expiration Notification, the CCR inspector conducts an inspection to verify the operation is no longer caring for children. 

After the inspection: 

  • the inspector generates a new unregulated operation investigation if the operation is caring for children; and 
  • the CCR staff assigned to the operation takes the following actions on the Application/Closure page in CLASS:
    • generates the CLASS Form 2865e, 2825 Vol Suspension/Relocation/Clsr Letter, selects the appropriate statement about expiration of a permit, and mails notification to the operation;
    • enters the current date in the Closure Date field; and
    • selects Permit Expired as the reason for the closure.

See 6530 Investigations of Unregulated Operations

3932 When Operations are Ineligible for Grandfather Provisions if Ownership Changes

3932.1 Child Day Care

April 2010

If a child day care operation that was issued a permit before September 1, 2003, changes ownership, the operation must comply with all current minimum standard rules and can no longer operate under any of the grandfather provisions in Texas Administrative Code (TAC) Chapters 746 and 747.

Texas Human Resources Code §42.048(e)

3932.2 Residential Child Care

April 2010

If a residential child care operation that was issued a permit before January 1, 2007, changes ownership, the operation must comply with all current minimum standard rules and can no longer operate under any of the grandfather provisions in Chapters 748749, and 750 of the Texas Administrative Code.

Texas Human Resources Code §42.048(e)

3933 Steps to Process an Application

September 2012

Procedure

For licensed operations, see 3313.4 Evaluating Compliance to determine whether an initial or non-expiring license permit is needed.

The application is processed according to the procedures in 3200 Processing the Application for a License, Certificate, Compliance Certificate, Registration, or Listing.

As with any new application, a new operation number will be issued.

See also:

6200 Assessing and Processing Intake Reports

CLASS Online Help:

Close an Operation

Receive a Day Care License Application