Revisions

21-5, Updates to Sections 3000, 4000, 7000 and 10000

Revision 21-5; Effective August 2021

 

The following changes(s) were made:

Revised Title Change
All sections   Updates language from “Licensing” to “CCR” and “Child Care Regulation,” as appropriate, and changes “inspector” to “CCR staff,” as appropriate.
3121 Initiating an Application in CLASS Adds to the procedure for updating operation information for unregulated operations when an application is received.
3421 How to Prepare an Initial License Adds that the inspector updates the operating status on the Main Operation page in CLASS to “Yes” and enters the effective date when issuing an initial permit.
3422 How to Prepare a Compliance Certificate Adds that the inspector updates the operating status on the Main Operation page in CLASS to “Yes” and enters the effective date when issuing a compliance certificate.
3423 How to Prepare a Registration and Listing Adds that the CCR staff updates the operating status on the Main Operation page in CLASS to “Yes” and enters the effective date when issuing a registration or listing.
4131.3 Child Day Care Annual Meeting with the Designated Director at a Licensed Child Care Center Clarifies the steps for staff to take when the director is not present for an annual review of qualifications.
7421.1 Considering the Conditions for a Corrective Action Removes evaluation and adds conditions included in the corrective action letter.
7421.3 Creating the Corrective Action Letter Adds to include conditions that are in the corrective action letter.
10112 Types of Background Checks Adds National Sex Offender Registry (NSOR) check.
10114 When a National Sex Offender (NSOR) Background Check is Required Adds a section for NSOR checks required by operation type and background check subject role.
10322 Documenting the Criminal History Results Clarifies registered sex offender results received with FBI criminal history check are based on fingerprints.
10380 Sex Offender Registry Check Results Adds a summary for processing results received from sex offender registry background checks.
10381 Texas Sex Offender and National Sex Offender Registry Results Renumbers section, previously 10380.1.
10381.1 Processing Matches for Texas Name-Based Sex Offender and Fingerprint Sex Offender Results Adds a section for existing procedure language.
10381.2 Processing Possible Matches for Name-Based National Sex Offender Registry (NSOR) Search Adds a section for processing possible NOSR matches.
10381.3 Processing Matches from an NSOR Result Adds a section for processing NSOR matches.
10382 Out-of-State Sex Offender Registry Results Renumbers section, previously 10380.2.

21-4, Updates to Sections 3000, 4000, 5000 and 7000

Revision 21-4; Effective July 2021

 

The following changes(s) were made:

Revised Title Change
3140 Public Notice and Hearing Requirements for General Residential Operations Moves and updates section header previously in 3321.
3140.1 Public Notice and Hearing Requirements for General Residential Operation Applicants Organizes language relating to the public hearing requirements for GRO applicants. Clarifies the requirements for GROs that provide trafficking victim services.
3140.2 Public Notice and Hearing Requirements for General Residential Operation Permit Holders Organizes language relating to the public hearing requirements for GRO permit holders. Clarifies the requirements for GROs that provide trafficking victim services.
3141 General Requirements for Public Hearing and Notice Streamlines general hearing requirements and adds that during an active disaster declaration, hearings may be conducted remotely.
3142 CCR’s Role During the Public Hearing Updates language.
3143 Verbatim Record and Report of Public Comment from the Community Combines the verbatim record and content summary report and replaces the list of items required in the content summary report with a link to the Texas Administrative Code (TAC) that lists the required content.
3213 Topics Covered and Forms Provided During the Pre-Application Interview Updates language and adds liability insurance requirements to the list of topics the inspector explains during the pre-application interview.
3213.5 Liability Insurance Adds a section for liability insurance requirements.
3213.6 Additional Information Renumbers section and moves information from 3213.5.
3223.3 Additional Requirements for Certain General Residential Operation Applications Adds a section explaining the requirements for a GRO that provides treatment to children with emotional disorders.
3223.31 Reviewing the GRO Operational Plan Adds a section outlining the requirements for inspectors of a GRO to review Form 2960, Application for a License to Operate a Residential Child Care Facility, Attachment C, and the steps to take if the form is incomplete.
3223.32 Documenting the Approved GRO Operational Plan for Applicants Adds a section outlining how CCR inspectors document the review of Form 2960, Attachment C.
3321 Denial of a Permit or Amendment for Failure to Comply with Public Notice and Hearing Rules Moves information previously in this section to 3140, renumbers information previously in 3322.3 and updates content.
3322 Fee Exemptions for Certain Residential Operations Renumbers information previously in 3323. Note: Information previously in Sections 3321 – 3322.3 moves to 3140.
3323 Identifying, Documenting and Assessing Information from Prior Operation Numbers (RCCR Only) Renumbers information previously in 3324.
3323.1 Documenting Prior Operation Numbers (RCCR Only) Renumbers information previously in 3324.1.
3323.2 Assessing the Five-Year Compliance History of the Applicant and Prior Operation Numbers (RCCR Only) Renumbers information previously in 3324.2.
3323.3 Additional Requirements if the Applicant or a Prior Operation Number Has a History of Heightened Monitoring (RCCR Only) Renumbers information previously in 3324.3.
3532 Full License for an Operation that Changes Ownership or Location Clarifies language.
3811 When and How to Evaluate a Change that Poses Risk to Children Clarifies language and adds procedures for evaluating a GRO’s request to add treatment services for children with emotional disorders.
3812 When a Child-Placing Agency, Listed Family Home, Registered Child Care Home or School-Age Program Changes Location Changes the section title, adds school-age programs to the list of programs that may change location without having to reapply for a new permit and clarifies language.
3823 How to Amend the Permit in CLASS Adds procedures for how to update the location in CLASS for a school-age program that changed location.
3830 Changes that Require an Application for a New Permit Adds an exception for school-age programs that operate exclusively during the summer months or any other time school is not in session.
3832 Change of an Operation’s Location that Requires an Application for a New Permit Changes the section title, adds an exception for certain school-age programs and clarifies language.
3924.5 Public Hearings for Permit Renewals of Certain General Residential Operations Adds that a commissioner’s court of a county where a GRO providing treatment services for children with emotional disorders is located may request that CCR hold a public hearing for the renewal of the permit. Adds the procedure and hearing notice requirements.
4600 Evaluating Compliance with Liability Insurance Requirements Adds a section that outlines the requirement to maintain liability insurance for licensed, registered and listed operations.
4610 When to Evaluate for Compliance with Liability Insurance Requirements Clarifies when liability insurance is required to be evaluated for compliance.
4611 When to Evaluate Liability Insurance Requirements for Licensed Operations Adds a section for evaluating liability insurance requirements for licensed operations.
4612 When to Evaluate Liability Insurance Requirements for Registered Child Care Homes Adds a section for evaluating liability insurance requirements for registered child care homes.
4613 When to Evaluate Liability Insurance Requirements for Listed Family Homes Adds a section for evaluating liability insurance requirements for listed family homes.
4620 How to Evaluate for Compliance with Liability Insurance Requirements Adds a section that outlines the procedure for evaluating liability insurance, including if an operation has liability insurance and if the operation does not have liability insurance.
5100 Waivers and Variances Clarifies language and adds that waivers and variances are allowed for certain standards which are in statute for LCCC and RRCH relating to nutrition, physical activity or screen time. Adds heightened monitoring to a factor to consider for granting a waiver or variance.
5110 Submitting a Waiver or Variance Request Adds that a provider may submit the waiver/variance request online through their account and clarifies language.
5120 Decision Guidelines for Granting Waivers or Variances Changes “inspector” to “CCR staff” and adds heightened monitoring to a consideration for impact of child safety. Adds that waivers and variances are allowed for certain standards which are in statute for LCCC and RRCH relating to nutrition, physical activity or screen time.
5130 Establishing and Monitoring Conditions for the Waiver or Variance Makes minor text changes.
5131 Establishing Conditions Makes a minor text change.
5132 Evaluating Conditions Adds a subsection title for “Evaluating Conditions During an Inspection” and clarifies how staff document the evaluation in CLASS. Adds a subsection for “Evaluating Conditions Outside of an Inspection.”
5140 Processing a Waiver or Variance Request Updates “inspector” to “CCR staff” and clarifies language and the procedure for entering the waiver/variance request in CLASS.
5141.1 Entering the Request in CLASS Adds detailed procedures for entering the request in CLASS.
5141.2 Recommending and Documenting an Approval Moves the information previously in 5141.1 and changes “inspector” to “CCR staff.”
5141.3 Recommending and Documenting a Denial Moves the information previously in 5141.2 and changes “inspector” to “CCR staff.”
5141.4 Supervisor’s Review of the Waiver or Variance Request Moves the information previously in 5141.3 and changes “inspector” to “CCR staff.”
5141.5 Duplicate Requests Moves the information previously in 5141.4 and changes “inspector” to “CCR staff.” Updates a reference within the section.
5142 Notifying Provider of Waiver or Variance Decision Changes “inspector” to “CCR staff” and clarifies that staff may send the notification letter via email for an approved or denied request if the provider requests to be notified via email.
5143 Updating Administrative Review Changes “inspector” to “CCR staff.”
5144 Documenting Outcomes for Waivers and Variances Changes “inspector” to “CCR staff.”
5150 Renewing a Waiver or Variance Updates language to clarify that staff make the recommendation to grant or deny the waiver/variance request and changes “inspector” to “CCR staff.”
5160 Review of Conditions or Denied Request for a Waiver or Variance Clarifies language and changes “Licensing” to “CCR.”
5170 Rescinding or Amending a Waiver or Variance Clarifies language and adds a subsection, “Entering in CLASS if the Waiver or Variance is Rescinded.”
7110 Circumstances That May Call for Enforcement Action Adds that an enforcement action may be taken if a school-age program does not notify CCR before relocating and adds that enforcement action may be taken if an operation fails to comply with liability insurance requirements.

21-3, Updates to Sections 1000, 3000, 4000, 6000, 10000, Appendices 1000-1, 1000-2 and Definitions of Terms

Revision 21-3; Effective May 2021

 

The following changes(s) were made:

Revised Title Change
All Sections   Updates language from “Licensing” to “CCR” and “Child Care Regulation,” as appropriate.
1310 Content and Organization of Child Care Regulation Records Adds digital files to the content of operation files and updates CCR Digital SharePoint site to CCR Digital “Storage” SharePoint site. Removes “non-abuse or neglect” from investigations.
1400 State-Issued Equipment, Photographs, Video, Audio and Digital Files Removes language related to scanned information and digital files to elements of CCR documentation and adds overview language.
1410 Use of State-Issued Equipment Reorganizes the language of the section.
1420 Using Photographs and Video as a Regulatory Tool Provides directive for use of photographs and video as a regulatory tool and removes references to scanned documents.
1427 Using Scanned Documents and Other Digital Files as a Regulatory Tool Adds a section to provide directive for use of scanned documents and other digital files as a regulatory tool.
1430 Documenting and Storing Photographs, Video, Audio, Scanned Documents and Other Digital Files Changes language from scanned “information” to scanned “documents” and adds other digital files.
1431 Documenting Photographs, Video, Audio, Scanned Documents and Other Digital Files Changes language from scanned “information” to scanned “documents,” adds “other digital files” and updates directions for documenting the information.
1432 Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files Changes language from scanned “information” to scanned “documents,” adds other digital files and updates directions for storing the information on SharePoint.
3222 How to Determine Whether the Applicant Is Eligible to Apply Adds language about a global person search for residential child care applicants.
3223.1 If the Application is Incomplete or Contains Errors Specifies options for communicating with day care applicants and residential child care applicants.
3223.11 Providing Technical Assistance When an Application is Incomplete or Contains Errors Changes the title and content related to providing technical assistance each time an application is returned.
3324 Identifying, Documenting and Assessing Information from Prior Operation Numbers (RCCR Only) Adds a section with procedures for residential child care applicants that plan to contract with DFPS or a Single Source Continuum Contractor (SSCC) with prior compliance history.
3324.1 Documenting Prior Operation Numbers (RCCR Only) Adds a section for documenting prior operation numbers specific to residential child care applicants.
3324.2 Assessing the Five-Year Compliance History of the Applicant and Prior Operation Numbers (RCCR Only) Adds a section about accessing compliance history specific to residential child care applicants.
3324.3 Additional Requirements if the Applicant or a Prior Operation Number Has a History of Heightened Monitoring (RCCR Only) Adds a section with policy and the procedure for a residential child care applicant who has a history of heightened monitoring.
3424 Applying Additional Types of Conditions or Restrictions Adds a reference to Section 3224, Identifying, Documenting and Assessing Information from Prior Operations Numbers (RCCR Only).
3424.5 Conditions for Applicants with a History of Heightened Monitoring (RCCR Only) Adds a section with conditions for residential child care applicants with a history of heightened monitoring.
3424.6 Temporary Conditions Moves information previously in Section 3424.5.
3531 Time Frame for Issuing a Full License Adds exemption for residential child care operations with condition(s) on initial license.
4133 Operations that are Not Regularly Inspected Updates language for a listed family home, small employer based child care and temporary shelter program investigations.
4143 Conducting an Extended Compliance History Review (RCCR Only) Adds the requirement for including review of current and prior operation numbers when completing an extended compliance history review for residential child care operations.
4143.2 Documenting an Extended Compliance History Review Adds the requirement for including review of current and prior operation numbers when documenting an extended compliance history review for residential child care operations.
4158.1 Avoiding Duplication of Child Day Care Inspections by State Agencies and Political Subdivisions Updates minimum standard references in Chapters 744, 746 and 747 relating to nutrition.
6231.11 Reports Received for Listed Family Homes Caring for Related Children Only Changes section title and updates language to clarify CCR investigates reports involving listed family homes caring for related children only for certain allegations.
6231.2 Intake Reports to Be Investigated by DFPS as Abuse, Neglect or Exploitation Adds the requirement that an HHS CCR supervisor or designee refers a report to DFPS when an intake report contains an allegation that a caregiver is sleeping under certain requirements at certain residential child care operations.
6231.3 Intake Reports Identified by the Unregulated Operations Unit Moves information to the correct location in policy.
6421.11 Exceptions to Meeting the Time Frame for Face-to-Face Contacts with Victims During Priority 1 and Priority 2 Investigations of Residential Child Care Operations Renumbers the section and updates the references to Sections 6723.12 and 6723.1.
6421.12 Exceptions to Completing Face-to-Face Contacts with Victims During Priority 1 and Priority 2 Investigations of Residential Child Care Operations Renumbers the section and updates the reference to Section 6723.1.
6723.2 Documenting Contacts with Victims in Residential Child Care Investigations Updates references for Sections 6421.11 and 6421.12.
6930 Risk Assessments for DFPS Investigations Adds the requirement for residential child care operations to include reviewing compliance history for the current operation and from all prior operation numbers.
10100 Why CCR Conducts Background Checks Updates CCR language and corrects the reference to 42 U.S.C. §9857.
10111 Overview of CCR Staff Responsibilities Related to Background Checks Updates the responsibilities table to incorporate Central Registry recheck. Updates language for CBCU staff sustaining perpetrators in IMPACT and CLASS.
10130 Updates to Background Check Results Adds a section to provide information about receiving updates to background check results.
10130.1 Updates Received from Central Registry Recheck Adds subsection to provide information about receiving updates from the Central Registry recheck.
10130.2 Updates Received from Criminal History Rap Back Adds a subsection to provide information about receiving updates to criminal history results.
10130.3 Changing Provisional Conditions Adds a subsection to provide directions for CBCU staff to change provisional conditions for certain roles.
10211 Processing Central Registry Recheck Results Adds a section to provide directions for processing Central Registry recheck results.
10225 Ensuring Complete Central Registry Results Adds a section to the Central Registry section providing directions for ensuring all Central Registry results are included in active background check results.
10230 Acting on a Central Registry Background Check Match Adds a directive for reconsidering an existing risk evaluation decision when new and updated Central Registry background check results are received.
10260 Temporary Risk Evaluation for a Central Registry Match Adds a reference to Section 10441 when offering a temporary risk evaluation for a Central Registry match.
10292 Evaluating Results from Out-of-State Abuse and Neglect History Searches Adds directions for CBCU staff when processing out-of-state abuse or neglect results, including hyperlinks to policy sections.
10310 Types of Criminal History Background Checks Required Corrects the list formatting in the table.
10330.1 Ensuring Complete Criminal History Results Adds a subsection to the criminal history section to provide directions for ensuring all criminal history results are included in active background check results.
10331 Acting on New and Updated Criminal History Results Updates language in the criminal history section relating to a background check subject’s eligibility and the reconsideration of an existing risk evaluation decision. Updates language for the CCR Legal Division attorney.
10380.2 Out-of-State Sex Offender Registry Results Corrects the paragraph and list structure.
10400 Risk Evaluation Corrects a list in the section.
10440 When a Risk Evaluation Expires Updates language in the risk evaluation section relating to the background check subject and decisions regarding existing risk evaluations.
10441 Risk Evaluation Reconsideration for New or Updated Background Check Results Adds a subsection to the risk evaluation section relating to reconsidering a risk evaluation for new and updated background check results.
10441.1 Reconsideration of Risk Evaluation Due to New or Updated Criminal History Results Adds a subsection to the risk evaluation section relating to reconsidering a risk evaluation when new or updated criminal results are received.
10441.2 Reconsideration of Risk Evaluation Due to New or Updated Criminal History Results Adds a subsection to the risk evaluation section relating to reconsidering a risk evaluation when new or updated Central Registry results are received.
Appendix 1000-1 Organizing Child Care Regulation Records Changes the appendix number and adds information about applications for child day care and residential child care applications.
Appendix 1000-2 Security Roles and Functions in CLASS Changes the appendix number.
Definitions of Terms Definitions of Terms Adds new definitions for heightened monitoring and Single Source Continuum Contractor.

21-2, Updates to Section 4000, Section 6000 and Appendix 6000-1

Revision 21-2; Effective April 2021

 

The following changes(s) were made:

Revised Title Change
All Sections Below   Updates language from “Licensing” to “CCR” and “Child Care Regulation,” as appropriate.
4130 Minimum Requirements for Monitoring Inspections Adds a reference to Section 4150, Conducting Inspections.
4131.4 Collection of Ratio Data for Licensed Child Care Centers Adds a section to establish the process of gathering ratio data during certain inspections, as added by CLASS release December 2020, and incorporates information from Field Communication 297.
4131.5 Health and Safety Audits for Licensed Child Day Care Operations Moves the information previously in Section 4131.4.
4132 Minimum Requirements for Registered Child Care Homes Updates additional requirements for all inspections on registered child care homes that was previously in Section 4150.2.
4150.1 Additional Requirements for Investigation Inspections Moves the information previously in Section 4150.3. Deletes information previously in Section 4150.1 and Section 4150.2.
4150.2 Additional Requirements for Initial and Monitoring Inspections Moves the information previously in Section 4150.4.
4161.1 Creating a Draft CLASS Form 2936 Updates “Licensing” to “CCR.”
4161.2 Documenting Inspection Results on CLASS Form 2936 Clarifies language and adds information regarding classroom ratio for licensed child care centers.
4161.24 Technical Assistance for High Risk Violations Clarifies language with no substantive changes.
4451 Assessing an Agency Home for Closure Adds language to clarify criteria used to assess the home for closure.
4451.1 Agency Home Compliance History Considerations Adds children’s rights to the list of considerations for compliance history.
4452 Recommending an Agency Home for Closure Clarifies language regarding procedure.
4454 Notifying a CPA of an Agency Home Closure Adds the procedure for documenting the closure decision, as added by CLASS release April 2021.
4500 Evaluating Risk to Children Corrects section title.
6211 Transferring I&R Information from IMPACT to CLASS Corrects list conjunctions.
6221.1 Information to Obtain When CCR Staff Receive a Report at an Local Office Removes that staff must obtain information indicating whether the reporter asked to receive the results of the investigation.
6221.3 Encouraging a Reporter to Disclose His or Her Identity Clarifies the intent of the section.
6275 Incidents Reported by an Operation (Self-Reports) Removes that staff do not select “Reporter Results” when entering a self-report.
6412 Time Frames for Initiation Adds that time frames for initiation depend on the operation type.
6412.2 Time Frame for Initiating a Priority 2 (P2) Investigation for Residential Child Care Operations Adds a section that establishes that a Priority 2 investigation for residential child care operations must be initiated as soon as possible, but no later than 72 hours after SWI receives the intake report.
6412.3 Time Frame for Initiating a Priority 2 (P2) Investigation for Child Day Care Operations Updates policy number and title to specify this section is specific to Priority 2 investigations of child day care operations.
6412.4 Time Frame for Initiating a Priority 3 (P3) Investigation Updates policy number and adds a missing word.
6412.5 Time Frame for Initiating a Priority 5 (P5) Investigation Updates policy number.
6414 Documenting the Initiation Adds that staff enter the initiation time for P1 investigations and P2 investigations of residential child care operations and the initiation time field added by CLASS release April 2021.
6420 Conducting Interviews Updates the definition of a principal.
6421 Observing and Interviewing Children Clarifies that an alleged victim includes any child directly involved in an incident. Adds for agency foster homes that the investigator must attempt to interview or observe all children who reside in the household.
6421.1 Time Frames for Face-to-Face Contacts with Victims During Priority 1 and Priority 2 Investigations of Residential Child Care Operations Adds new section and establishes new time frames for face-to-face contact with alleged victims during P1 and P2 investigations of residential child care operations. Deletes previous section, Interview Takes Place Before Receipt of Intake Report.
6421.12 Exceptions to Meeting the Time Frame for Face-to-Face Contacts with Victims During Priority 1 and Priority 2 Investigations of Residential Child Care Operations Adds section and establishes exceptions for exceeding the time frame for face-to-face contact with alleged victims during P1 and P2 investigations of residential child care operations.
6421.13 Exceptions to Completing Face-to-Face Contacts with Victims During Priority 1 and Priority 2 Investigations of Residential Child Care Operations Adds section and establishes situations where an investigator may complete an investigation without contacting a victim during P1 and P2 investigations of residential child care operations.
6421.21 Obtaining a Child Care Provider’s Consent Before Interviewing a Child Clarifies that a provider may withdraw consent for interview of biological or adopted children. Removes that consent can be removed for an inspection.
6421.3 Notifying a Parent of a Child Interviewed During an Investigation (Day Care Only) Adds language clarifying operation types.
6421.4 Age and Ability Requirement for Observing and Interviewing Children Replaces “principal” with “alleged victims.”
6640 Notifying the Reporter of the Results of the Investigation Clarifies that staff send the reporter letter unless there is a reasonable likelihood that notifying the reporter will jeopardize the reporter’s safety or the report is anonymous. Adds CCR staff must consult with a supervisor if the reporter indicated that he or she did not want to be notified and the only mailing address that CCR staff has for the reporter is the child care operation or the reporter resides at the operation or with a person who is the subject of the investigation.
6723 Contact List Adds “attempted face-to-face” contact type as added by CLASS release April 2021. Moves the description of face-to-face contact to Section 6723.1.
6723.1 Contact Types Identifies all contact types that can be selected in CLASS and describes the appropriate time to select each contact type.
6723.2 Documenting Contacts with Victims in Residential Child Care Operations Describes the CLASS functionality for adding contacts with alleged victims as added by CLASS release April 2021.
7521 A Single High Risk Violation Adds a reference to Section 4161.24, Technical Assistance for High Risk Violations.
6000-1 Investigator Time Frames for Investigations Adds “Within 72 hours (RCCR only)” for the initiation of the RCCR P2 investigation. Adds a row for face-to-face contacts for RCCR investigations.