24-4 Updates Sections 2000, 3000, 4000, 6000, 7000, 8000, and 10000

Revision 24-4; Effective Nov. 13, 2024

The following change(s) were made:

Revised	Title	Change
2230	Next Steps After Evaluating an Exemption Request	Updates to correct letter reference to 2847 Not Subject Response
3213.6	Additional Information	Deletes section.
4161.24	Technical Assistance for Violations Recommended for an Administrative Penalty	Updates job aid title and reference.
5611	Explaining the Right to an Administrative Review	Removes procedure.
6110	Types of Investigations	Adds reports of abuse, neglect or exploitation of an adult
6312	Conducting the Initial Investigation Staffing (Residential Child Care Only)	Updates title to Conducting the Initial Investigation Staffing, Residential Child Care Only. Removes procedure.
6313.2	Determining Which Statutes, Administrative Rules, and Minimum Standards to Evaluate	Deletes section.
6314	Determining Which Statutes, Administrative Rules and Minimum Standards to Evaluate	Adds new section to incorporate content from 6313.2. Clarifies how the investigator evaluates an operation’s compliance. Removes procedure.
6480	Conducting the 20-Day Investigation Conclusion Staffing (Residential Child Care Only)	Changes title to Conducting the Investigation Conclusion Staffing, Residential Child Care Only. Clarifies CCR policy and timelines for all investigation conclusion staffings. Removes procedure.
6550	Investigations of Abuse, Neglect or Exploitation of Elderly Adult or Adult with Disability in Residential Child Care Operations	Adds new section.
6551	Assessing the Priority of an Intake Related to a PI Investigation	Adds new section.
7500	Administrative Penalties	Updates 7500 and subsections related to administrative penalty policies
7510	Legal Basis to Impose Administrative Penalties	Updates title to Overview of CCR and Child Care Enforcement Staff Responsibilities Related to Administrative Penalties. Changes content to explain CCR and CCE responsibilities.
7511	Imposing an Administrative Penalty Before Taking a Corrective Action	Deletes section.
7512	Imposing an Administrative Penalty After Taking a Corrective Action	Deletes section.
7520	Assessing the Need for an Administrative Penalty	Updates title to Legal Basis to Impose Administrative Penalties. Moves content from 7510.
7521	A Single High Risk Violation	Deletes section.
7522	Repeated High Risk Violations	Deletes section.
7522.1	Repeated Violations of Background Check Requirements	Deletes section.
7530	Recommending the Administrative Penalty	Updates title to Reserved for Future Use.
7531	When to Recommend the Administrative Penalty	Deletes section.
7531	Child Care Enforcement Disagrees with the Deficiency Cited for an Administrative Penalty.	Adds new section to describe that CCE notifies CCR of their recommendation.
7531.1	When the Violation is Corrected at the Time of the Inspection	Deletes section.
7531.2	When the Violation is Not Corrected During the Inspection	Deletes section.
7532	How to Document the Recommendation to Impose the Administrative Penalty	Deletes section.
7532.1	Determining the Maximum Daily Penalty Amount	Deletes section.
7532.11	Determining the Operation's Capacity	Deletes section.
7532.12	Determining the Number of Days to Impose an Administrative Penalty	Deletes section.
7532.13	Submitting the Recommendation to the Supervisor	Deletes section.
7533	Supervisor and Legal Review of the Recommendation to Impose an Administrative Penalty	Deletes section.
7533.1	Supervisor Agrees and Sends Notification of the Recommendation to Impose an Administrative Penalty	Deletes section.
7533.2	Supervisor Disagrees with the Recommendation to Impose a Penalty	Deletes section.
7533.3	Supervisor Disagrees with the Minimum Standard or Rule Cited for the Penalty	Deletes section,
7534	Contents of the Notice of Recommendation for Administrative Penalty	Deletes section.
7535	Reviewing the Status of Administrative Reviews for Minimum Standard or Rule Violation Identified in the Administrative Penalty	Deletes section.
7540	Steps to Take after Sending the Notice of Recommendation for Administrative Penalty	Updates title to Steps the Operation Takes after CCE Sends the Notice of Recommendation for Administrative Penalty. Removes procedure. Clarifies CCR and CCE responsibilities. Updates reference.
7550	Issuing the Order to Pay an Administrative Penalty	Deletes section.
7550	Due Process Rights for Administrative Penalties	Adds new section that incorporates content from 7560 and updates language.
7551	When to Send the Order to Pay the Administrative Penalty	Deletes section.
7551	The Right to Request a Judicial Review of an Administrative Penalty After a Due Process Hearing	Adds new section that incorporates content from 7564 and updates reference.
7552	Processing the Order to Pay the Administrative Penalty	Deletes section.
7560	Due Process Rights for Administrative Penalties	Deletes section.
7560	Payment and Nonpayment of Administrative Penalties	Adds new section that incorporates content from 7570 and updates language.
7561	Determining Whether a Request for a Due Process Hearing Meets the Due Date	Deletes section.
7561	When Administrative Penalties Remain Unpaid	Adds new section that incorporates content from 7572 and updates language.
7562	Processing a Legal Reduction of an Administrative Penalty	Deletes section.
7563	Processing the Outcome of a Due Process Hearing for an Administrative Penalty	Deletes section.
7563.1	Due Process Hearing Upholds the Decision to Impose the Administrative Penalty	Deletes section.
7563.2	Due Process Hearing Overturns the Decision to Impose the Administrative Penalty	Deletes section.
7564	The Right to Request a Judicial Review of an Administrative Penalty	Deletes section.
7564.1	If the Right to a Judicial Review is Waived	Deletes section.
7564.2	If a Judicial Review is Requested	Deletes section.
7564.21	Documenting the Outcome of the Judicial Review	Deletes section.
7570	Payment and Nonpayment of Administrative Penalties	Deletes section.
7571	Overpayment of an Administrative Penalty	Deletes section.
7572	When Administrative Penalties Remain Unpaid	Deletes section.
7572.1	Nonpayment Due to Non-Sufficient Funds	Deletes section.
7573	Documenting the Final Result of an Administrative Penalty	Deletes section.
8210	Confidential Information Not for Release to the Public	Adds requirements for Department of Family and Protective Services (DFPS) investigations and HHSC Long Term Care Regulation investigations.
10200	Central Registry and Out-of-State Abuse and Neglect Background Checks	Updates language.
10210	Reviewing Results from a Central Registry Search	Updates policy language and removes procedure.
10220	Determining if Additional Action is Needed for Central Registry Matches	Updates policy language and removes procedure.
10221	Preponderance Reviews for Unsustained Findings Made Before April 16, 1999	Deletes section.
10221.1	Requesting a Preponderance Review	Deletes section.
10221.2	Acting on the Results of the Preponderance Review	Deletes section.
10222	Reviewing Prior Due Process Offers	Deletes section.
10222.1	Reviewing History for Prior Due Process Offers	Deletes section.
10222.2	Acting on Due Process Review	Deletes section.
10223	Reviewing Open Investigations and DFPS Alternative Response Cases	Deletes section.
10224	Tracking Open Investigations and DFPS Alternative Response Cases for Closure	Deletes section.
10225	Ensuring Complete Central Registry Results	Changes title to Ensuring Complete Abuse or Neglect History. Updates language to include all abuse or neglect results.
10226	Central Registry and Out-of-State Abuse or Neglect Results for Licensed Administrators	Deletes section.
10230	Acting on a Central Registry Background Check Match	Updates language.
10231	Assessing the Risk of Central Registry Matches for Determination of Immediate Threat	Changes title to Assessing Abuse or Neglect Results for Determination of Immediate Threat. Updates language to include all abuse or neglect results.
10232	Requests for Determination of Immediate Threat	Deletes section.
10232.1	Processing a Determination of Immediate Threat	Deletes section.
10233	Determining Subject’s Presence Does Not Pose Immediate Threat	Deletes section.
10260	Temporary Risk Evaluation for a Central Registry Match	Clarifies policy for temporary risk evaluations for foster and adoptive homes with pending verifications or approvals.
10450	Risk Evaluation Predictions	Updates reference.
10533.1	Additional Information Sent to a Child-Placing Agency	Clarifies language and adds exception.
10714	Administrative Penalties for Background Check Violations	Clarifies CCR and CCE responsibilities. Updates references.