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 §§42.047; 42.048; 42.072

TAC §§745.343; 745.347; 745.8605; 745.8607

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 §§745.347; 745.349; 745.353

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:

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
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
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