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

October 2013

CCR staff enter all decisions and facility information related to the application and issuance process in the Child Care Licensing Automation Support System (CLASS).

 

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 Operation For 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 §42.0461

26 TAC §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 §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 to Then 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