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, Associating, and Documenting Information from an Associated Operation (RCCR Only)

Revision 24-2; Effective May 22, 2024

Procedure

Identifying the Applicant

RCCR staff assess if the applicant is associated with an existing or closed residential child care operation when reviewing an application for a general residential operation (GRO) or child-placing agency (CPA) license. They do this by determining if the applicant:   

  • is applying for an additional license to operate a residential child care operation in a different location;
  • is reapplying for a new license after voluntarily closing a residential child care operation; or
  • had a change in ownership and the new owner is associated with an existing or closed operation as outlined in 3323.1 When to Associate Ownership (RCCR Only).

3323.1 When to Associate Ownership (RCCR Only)

Revision 24-2; Effective May 22, 2024

RCCR staff associate a new owner with an existing or closed operation if staff find:

  • any controlling person from the existing or closed operation serves or intends to serve as a controlling person in the new operation; or
  • the new owner is related by a third degree of connection or second degree of marriage per 26 TAC Section 745.21 to a controlling person of the existing or closed operation and includes:
    • a sole proprietor;
    • any partner of a partnership; or
    • any member of the governing body of a corporation.

If the applicant is associated with an existing or closed operation as described in 3323 Identifying, Associating, and Documenting Information from an Associated Operation (RCCR Only), RCCR staff assess the previous five-year compliance history  for each associated operation to decide whether to:

  • issue a license;
  • issue a full license instead of an initial license; and
  • add any conditions to the license.

Applicant Intends to Contract with DFPS or Single Source Continuum Contractor

If the applicant demonstrates an intent to  contract with DFPS or a Single Source Continuum Contractor (SSCC), RCCR staff determine if:

  • the associated operation has a history of heightened monitoring within the previous five years; and
  • the applicant operation should be placed on heightened monitoring.

References

Assessing the Five-Year Compliance History of the Applicant and Associated Operation (RCCR Only), 3323.3
Additional Requirements if the Applicant or an Associated Operation Has a History of Heightened Monitoring (RCCR Only), 3323.4
Applying Additional Types of Conditions or Restrictions, 3424
Full License for an Operation that Changes Ownership, 3532

3323.2 Documenting Associated Operation History in CLASS (RCCR Only)

Revision 24-2; Effective May 22, 2024

Procedure

If the applicant meets the criteria in 3323 Identifying, Associating, and Documenting Information from an Associated Operation  (RCCR Only), RCCR staff document the operation history on the Operation History page in CLASS, except when the associated operation:

  • applied for a license but withdrew the application  before CCR issued an initial license; or
  • had a license for a different operation type, such as an applicant applying for a GRO license and the prior operation was a CPA.

If the applicant is associated with an open operation through a shared governing body or controlling person, RCCR staff document the associated open operation numbers on the Operation History page in CLASS.

Operation History Page in CLASS

RCCR staff document all associated operation numbers on the Operation History Page in CLASS by:

  • selecting +Add New;
  • searching for the associated operation number; and
  • selecting the hyperlink for the operation name.

The associated operation will display on the Operation History List.

3323.3 Assessing the Five-Year Compliance History of the Applicant and Associated Operation (RCCR Only)

Revision 24-2; Effective May 22, 2024

Procedure

Before conducting the application inspection for an applicant that meets the criteria in 3323 Identifying, Associating, and Documenting Information from an Associated Operation (RCCR Only), the inspector takes the following steps to assess the compliance history of the applicant and each associated operation documented on the Operation History section in CLASS:

  1. Evaluate the five-year compliance history, including:
    • the number of abuse or neglect intakes;
    • confirmed abuse or neglect findings;
    • citations for corporal punishment;
    • any other trends and patterns in deficiencies; and
    • any other trends and patterns in enforcement actions that HHSC 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 as a CLASS Chronology:
    • the five-year compliance history of each operation reviewed; and
    • how the inspector considered the information.  
  4. If the risk identified in the five-year compliance history is high, consult with regional management and decide to issue or deny the license.

During the application inspection, the inspector discussed with the applicant:

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

The inspector documents this discussion as a CLASS Chronology.

3323.4 Additional Requirements if the Applicant or an Associated Operation Has a History of Heightened Monitoring (RCCR Only)

Revision 24-2; Effective May 22, 2024

If the applicant or an associated operation has a history of heightened monitoring, RCCR staff consult with the CCR director of heightened monitoring to discuss adding a condition to the initial license that the new operation will be placed on heightened monitoring.

If the applicant or an associated operation has a history of heightened monitoring and has hired or intends to hire a substantial number of employees from a previous operation, RCCR staff and the RCCR director of regional Operations discuss adding conditions related to requirements for employee screening, employee training, or both to the initial license.

Procedure

If the applicant meets the criteria in 3323 Identifying, Documenting and Assessing Information from an Associated Operation (RCCR Only), RCCR staff determine if the applicant or any of the associated operations documented on the Operation History 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.  

When the Applicant or Associated Operation Meets the Criteria Above

If CCR decides to issue an initial license, RCCR staff:

  • meet with the CCR director of heightened monitoring to confirm the new operation meets the criteria for heightened monitoring;
  • add a condition to the initial license that the new operation will be placed on heightened monitoring; and
  • notify the CCR director of heightened monitoring that RCCR issued the initial license.

If the applicant has employed or intends to employ a substantial number of employees from the previous operation, RCCR staff and the RCCR director of regional operations meet to discuss adding the following conditions to the initial license. The operation must meet these conditions before the employees have contact with children :

  • employee screening requirements;
  • employee training requirements; or
  • both.

RCCR staff document the decision as a CLASS Chronology.  

When assessing if the operation has employed or intends to employ a substantial number of employees from the previous operation, RCCR staff review the overall number and the roles of the employees from the previous operation and at the applicant operation. Staff consider if:

  • the applicant operation has employed or intends to employ at least 50% of the people it employed at the previous operation, which would be a substantial number regardless of the employees’ roles.  
  • the applicant intends to hire at least 50% of the caregivers and supervisors that were employed at the previous operation, which would be a substantial number of employees even if the applicant does not hire or intend to hire 50% of the overall people it  employed at the previous operation.
  • at least 50% of the employees at the applicant operation are or will be from the previous operation, which would be a substantial number regardless of the employee’s roles or if the applicant operation has employed or intends to employ at least 50% of the people it employed at the previous operation.
  • at least 50% of the caregivers and supervisors at the applicant operation are or will be from the previous operation, which will be a substantial number regardless of if the applicant operation has employed or intends to employ at least 50% of the people it 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 adding a condition requiring additional screening or training because of identifiable issues.

If the decision is to add a condition about employee screening, training requirements, or both to the initial license, RCCR staff add the condition before issuing the permit.

Reference

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

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 DCCR Operations 

Revision 24-2; Effective May 22, 2024

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.

3332 Identifying, Associating, and Documenting Information from an Associated Operation (DCCR Only)

Revision 24-2; Effective May 22, 2024

Identifying the Applicant

When reviewing an application, DCCR staff assess if the applicant has a current or previous permit by deciding if the applicant:

  • is applying for an additional or different type of permit in a different location;
  • is reapplying for a new permit after voluntarily closing; or
  • had a change in ownership and is associated with a closed or existing operation as outlined in 3332.1 When to Associate Operations (DCCR Only).

Assessing the Associated Operation History

If the applicant is associated with an existing or closed operation as described above, DCCR staff assess the previous five-year compliance history to decide:

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

3332.1 When to Associate Operations (DCCR Only)

Revision 24-2; Effective May 22, 2024

Procedure

DCCR staff associate a new application with an existing or closed operation if:

  • the operations have the same governing body;
  • the operations have controlling persons in common in the following roles:
    • governing body;
    • director if also the owner;
    • chief executive officer;
    • owner;
    • primary caregiver in child care home;
    • adult living in child care home if the person was designated as a controlling person in the previous operation and CCR took adverse action against the previous operation; or
    • spouse; or
  • the new owner is related by a third degree of connection or second degree of marriage per 26 TAC Section 745.21to a controlling person of the existing or closed operation, as noted on Form 2760 Controlling Person - Child Care Regulation. The new owner includes:
    • a sole proprietor;
    • any partner of a partnership; or
    • any member of the governing body of a corporation.

When Not to Associate Operations

DCCR staff do not associate a new application with an existing or closed operation if the applicant:

  • previously applied for a permit but withdrew the application and does not have a history of operating without a permit; or
  • is associated with an operation that closed 10 years or longer from the date the operation submitted the new application.

3332.2 Documenting Associated Operation History in CLASS (DCCR Only)

Revision 24-2; Effective May 22, 2024

Procedure

If the applicant meets the criteria in 3332.1 When to Associate Operations (DCCR Only), DCCR staff document the operation history on the Operation History page in CLASS for the applicant operation and the open operation.

Operation History Page in CLASS

DCCR staff document all associated operation numbers on the Operation History page in CLASS by:

  • selecting +Add New;
  • searching for the associated operation number; and
  • Selecting the hyperlink for the operation name.

The associated operation will display on the Operation History List.

3340 Operations that are Not Contiguous

Revision 24-2; Effective May 22, 2024

CCR may issue a single permit to the governing body of a licensed day care center, before or after-school program, school-age program, or general residential operation with multiple buildings that are not contiguous if:

  • the buildings are near each other and demonstrate a single operation; 
  • the permit lists the names and addresses of the appropriate operations; and
  • they each operate the same type of program regardless of when a license was issued. 

3341 Child Day Care Operations that are Not Contiguous

Revision 24-2; Effective May 22, 2024

CCR may issue a single permit to a child care center, before or after-school program, or school-age program with buildings that are not contiguous if: 

  • the buildings are located: 
    • next to each other, on the same property; 
    • across the street from each other; or
    • on the same city block; and
  • the operation demonstrates it operates as a single operation as evidenced by: 
    • patterns of staffing;  
    • finance; and
    • administrative supervision.

Reference 

26 TAC Section 745.201 and 745.385 

3342 Residential Care Operations that are Not Contiguous

Revision 24-2; Effective May 22, 2024

CCR may issue a single permit to a general residential operation with buildings that are not contiguous if: 

  • the buildings are located: 
    • next to each other;  
    • across the street from each other; or
    • on the same city block; and
  • the operation must demonstrate the program provided in the noncontiguous building operates under the same:
    • staffing, including hiring practices; 
    • financial systems; and
    • administrative supervision, including policies and procedures.

The operation can continue to operate in noncontiguous buildings that were approved before Sept.1, 2005, if the license is still valid and the actual physical distance between the buildings makes it possible to provide appropriate management and supervision at each building.

3350 Residential Child Care Operations that Also Provide Child Day Care

3351 Foster Homes that Also Provide Child Day Care

Revision 24-2; Effective May 22, 2024

Foster homes that provide child day care must be verified by a child-placing agency (CPA) and have a child day care permit from CCR. 

DCCR staff regulate foster homes that provide child day care in the same way staff regulate other child day care operations.

Approval to Provide Both Foster Care and Day Care

The foster home must meet the following conditions before the home may provide both foster care and day care:

  1. The director of field for residential child care and the director of field for day care approve the home to provide both foster care and day care.
  2. The home cares for no more than six children, including: 
    • any biological and adopted children of the caregiver’s who live in the foster home;  
    • any children or adults receiving foster or respite child care; and 
    • children for whom the family provides child day care.
  3. The home meets the requirements for a child day care permit, including payment of all fees.
  4. The home meets the requirements in 26 TAC Section 749.2493 and 26 TAC Section 745.375.

Reference

26 TAC Section 749.2551 

3352 General Residential Operations that Also Provide Child Day Care

Revision 24-2; Effective May 22, 2024

All general residential operations (GROs) that provide child day care must have a child day care permit. 

DCCR staff regulate child day care programs at GROs in the same way  staff regulate other child day care operations.

A GRO must meet the following conditions before providing both residential child care and child day care:

a. The plan to provide day care is approved by the director of field for Residential Child Care and the director of field for Day Care.
b. Is not licensed to provide treatment services for emotional disorders.
c. Provides day care services separately from residential child care services.
d. Hires separate employees except for janitorial and food services staff for each program.
e. Meets the requirements for a child day care permit. 
f.  Meets the requirements for a GRO.

References

Definitions of Terms for general residential operation

26 TAC Sections 745.33 and 745.37(3)