3400, Issuance of a Permit

3410 When to Issue a Permit

October 2019

The inspector must determine whether to issue a permit within:

  • 30 days after accepting an application for a compliance certificate; or
  • two months (see the definition of date-to-date in Definitions of Terms) after accepting an application for a license, certificate, registration, or listing.

The inspector either:

  • mails the license, certificate, compliance certificate, registration, or listing permit; or
  • mails a letter notifying the applicant of the intent to deny the permit.

See:

3310 Evaluating Before Issuing a Permit

Texas Human Resources Code §§42.04642.15342.203

26 TAC §745.321

 

3411 Good Cause to Exceed the Time Frame

September 2015

Licensing may have good cause to exceed its time frame for processing an application when:

  • there are at least 15% more applications being processed than in the same quarter of the previous year;
  • the delay is caused by another public or private entity that must be relied on to process all or part of the applications received;
  • the operation is the subject of a pending investigation; or
  • other conditions exist that give good cause for exceeding the time frames.

40 TAC §745.327

 

3412 Criteria for Issuing an Initial License

February 2020

Procedure

The inspector issues an initial license to an applicant upon determining that the operation is in compliance with statutes, administrative rules, and minimum standards, the operation has paid the fee for the initial license, unless the operation is state-operated, and one of the following situations exists:

  • The operation is not currently providing care, but meets the appropriate minimum standards except those with which compliance cannot be determined in the absence of children.
  • The operation has relocated and has made changes in the type of child care services it provides. A child-placing agency that changes location is not required to submit an application for a new license.
  • The operation has changed ownership, which has resulted in changes to policy and procedure or direct care staff (see 3833 Change in Ownership).
  • The operation is providing care and is not currently licensed.
  • The licensed operation has a license and applies for an additional permit to offer a new type of child care. An initial license is issued for the new type of child care.

See:

5211 Exemptions from Fees

5240 Verification of Fee Payments

Texas Human Resources Code §42.051

26 TAC §745.345745.503

 

3413 Criteria for Issuing a Compliance Certificate, Registration, or Listing

October 2019

Procedure

The inspector issues a compliance certificate, registration, or listing when the operation has met statutes, administrative rules and all appropriate minimum standards, as applicable.

 

3420 How to Prepare the Permit

 

3421 How to Prepare an Initial License

August 2021

The inspector updates the Operating Status on the Main Operation page in CLASS by selecting Yes and updating the Effective Date.

The inspector issues the initial license with restrictions.

The effective date of the initial license is the date the inspector sends or gives the license to the license holder. The initial license is valid for six months.

Texas Human Resources Code §42.048(b)

 

3421.1 Child Day Care

October 2019

Procedure

Form 2830, Child Day Care License

The inspector prepares CLASS Form 2830 Child Day Care License, and issues the initial license with the following information documented:

  • capacity:
    • for licensed child care centers, the capacity for infants through age 17 months and capacity for children age 18 months and older;
    • for licensed child care homes, the total capacity;
  • exact hours, days and months of operation;
  • children’s ages; and
  • any conditions.

Statute provides for the issuance of a license to care for children under age 14. If an operation also provides care for children ages 14 through 17, the inspector records this information in CLASS.

Form 2803, Child Care Issuance Letter

The inspector prepares CLASS Form 2803 Child Care Issuance Letter and mails it with the license to the permit holder.

Texas Human Resources Code §42.048(b)

26 TAC §745.345

 

3421.2 Residential Child Care

September 2015

Procedure

Form 2907, Residential Child Care Permit

The inspector prepares the permit using CLASS Form 2907 Residential Child Care Permit, and issues the permit with the following restrictions:

  • capacity (except for a CPA);
  • gender and ages of children; and
  • types of services offered by the operation, as shown in 3421.21 Types of Services Included as Restrictions.

The child-placing agency’s license must include a statement on the first page of the license that indicates the number of branch offices. The name and address of each branch office is noted on page two of the permit.

Texas Human Resources Code §42.048

26 TAC §§748.63749.63749.303749.1101750.61

Form 2803 Child Care Issuance Letter

The inspector mails the permit to the permit holder with CLASS Form 2803 Child Care Issuance Letter, showing the specific conditions noted on Form 2960 Application for a License to Operate a Residential Child Care Facility, then records applicable information in CLASS.

 

3421.21 Types of Services Included as Restrictions

September 2015

Procedure

The inspector may document on the license that the operation may care for children up to 18 years of age.

26 TAC §§748.1931749.1103749.1105749.2651750.501

The inspector must select the applicable care type and services from the following sections on the Residential Care Main Operation page in CLASS:

  • Care Type
  • Child Care Services Provided (not optional)
  • Programmatic Services Provided
  • Treatment Services Provided
  • Child Placing Services (CPA only)

Only general residential operations (GROs) that offer emergency care services may provide respite child care services.

26 TAC §§748.75748.4261(b)

 

3422 How to Prepare a Compliance Certificate

August 2021

The inspector updates the Operating Status on the Main Operation page in CLASS by selecting Yes and updating the Effective Date.

The inspector issues the compliance certificate with restrictions. The effective date of the permit is the date the inspector sends or gives it to the permit holder.

Texas Human Resources Code §§42.15342.203

26 TAC §745.321

Procedure

Form 2845 SEBCC or Form 2846 TSP Certificate

The inspector prepares the compliance certificate using CLASS Form 2845 SEBCC Certificate or CLASS Form 2846 TSP Certificate, and issues the compliance certificate with the following information documented:

  • the total capacity (no more than 12 for small-employer based operations and at least 7 for temporary shelter child care operations);
  • all age categories of children (infants, toddlers, pre-kindergarten, and school age); and
  • any conditions.

Form 2843, SEBCC Issuance Letter, or Form 2843a, TSP Issuance Letter

The inspector prepares Form 2843 SEBCC Issuance or Form 2843a TSP Issuance Letter, located on the CCR SharePoint site, and mails with the compliance certificate to the permit holder.

Texas Human Resources Code §§42.15142.201

 

3423 How to Prepare a Registration and Listing

August 2021

CCR staff update the Operating Status on the Main Operation page in CLASS by selecting Yes and updating the Effective Date.

The effective date of the registration or listing permit is the date the CCR staff send or give the permit to the permit holder.

CCR staff issue a registration or listing in both English and Spanish if the most recent federal census shows that more than one-half of the population is of Hispanic origin or Spanish-speaking in:

  • a municipality; or
  • a commissioner’s precinct in a county.

See the U.S. Census website for more information.

Texas Human Resources Code §42.052

Procedure

CCR staff take the following steps based on the type of operation:

Registered Home Listed Home Caring for Unrelated Children Listed Home Caring for Related Children Only
prepares the registration permit using CLASS Form 2834 Registered Child-Care Home Permit. prepares CLASS Form 2871 LH Issuance Letter. opens CLASS form HHSC Letterhead 2834b on the Issuance page, copies content from Form 2876 Notification of LFH Relative Care Issuance found on the CCR SharePoint site, and pastes content into CLASS form HHSC Letterhead 2834b.
mails the registration permit with CLASS Form 2834a Child Care Home Issuance Letter. mails the issuance letter to the listed family home with the following documents from the TA Library:
  1. Checking the Sex Offender Registry; and
  2. Child Safety Guide.
mails the issuance letter to the listed family home with the following documents from the TA Library:
  1. Checking the Sex Offender Registry; and
  2. Child Safety Guide.

If the listed family home will care for related children only, CCR staff:

  • enter “0” in the Total Licensed Capacity field in the Restrictions section on the Issuance page in CLASS; and
  • document the following statement in the Comments text box on the Issuance page: “Listed to care for ONLY related children. Reference Human Resources Code 42.002(16), “Children who are related to the caretaker.”

26 TAC §745.341

 

3424 Applying Additional Types of Conditions or Restrictions

May 2021

After obtaining supervisory approval, the inspector may set additional conditions or restrictions if circumstances warrant based on:

  • risk to children, including an unsustained Central Registry finding;
  • failure to comply with minimum standards; and/or
  • for residential child care operations, the assessment of the prior permits as outlined in 3323 Identifying, Documenting and Assessing Information from Prior Operation Numbers (RCCR Only).

The permit may be denied or revoked if conditions or restrictions are not met.

 

3424.1 Results of Background Checks

September 2015

Procedure

The inspector may impose conditions because of information obtained through a Central Registry or criminal history check. However, conditions are not acceptable measures to limit the presence of a person who resides in an operation if he or she is:

  • a permit holder; or
  • a person who must not be present in an operation while children are in care.

See:

10240 Acting on Abuse and Neglect Findings in the DFPS Central Registry

10310 Acting on the Results of a Criminal History Check

 

3424.2 Deficiencies that Require Limits on Certain Activities

September 2015

Procedure

The inspector may impose conditions to limit certain activities such as providing infant care or providing transportation because of previous deficiency with applicable minimum standards.

Examples of Special Conditions

Condition: Children under six years old are restricted to the first floor.

Condition: The permit holder’s spouse must not transport children in care.

The inspector adds a more complete explanation to the issuance letter if needed.

 

3424.3 Fire and Sanitation Reports and Other Local Ordinances

September 2015

Procedure

The inspector is not responsible for enforcing local rules and ordinances unless those rules or ordinances relate to:

  • the operation receiving approved fire and health inspections; or
  • other requirements in the minimum standards relating to health and safety.

The inspector takes into consideration the following when setting the capacity on a permit:

  • an inspection report (fire or sanitation) prohibits the use of certain levels of the operation for all or for certain age groups or prohibits the use of certain space; or
  • a Certificate of Occupancy related to a fire, health, or building restriction sets a capacity lower than licensing standards would normally allow.

See 3313.6 Confirming Fire and Health Inspections (Except for Listed Homes)

 

3424.4 Special Services for Residential Operations

September 28, 2018

Procedure

If a type of service offered by an operation is not listed as a restriction on the permit and is a service included in the applicable minimum standards, the inspector adds it as a condition to the permit.

Special services include:

  • (Interstate Compact on the Placement of Children (ICPC)
  • Young Adult Care
  • International Adoptions
  • Physically Challenged
  • Human Trafficking
  • Office of Refugee Resettlement

If more than one type of programmatic service is offered in addition to therapeutic camp services at a general residential operation (GRO), add it as a condition to the permit to reflect the appropriate age range for that program.

A child-placing agency or independent foster home that requests to provide emergency services must have that service included as a condition on the permit.

40 TAC §745.4201

26 TAC §748.4403

 

3424.41 Emergency Services for Child-Placing Agencies and Independent Homes

September 2015

Procedure

A child-placing agency or independent foster home that requests to provide emergency services must have that service included as a condition on the permit.

The inspector also follows these procedures for a child-placing agency (CPA) or independent foster home that wants to accept a child for placement from law enforcement:

  • Before accepting a child from a law enforcement officer, the operation must ask the inspector for authorization by submitting Form 2961 Request to Accept Children from Law Enforcement.
  • After receiving the request, the inspector must:
    • review the operation’s compliance history to ensure the operation is not on corrective action or under any adverse action;
    • review the operation’s emergency admissions policy to determine if it is equipped to accept this type of emergency admission; and
    • add that condition to the permit if the inspector determines that the operation should be authorized to accept this type of emergency admission.

40 TAC §§745.4201-745.4205

26 TAC §§749.1181-749.1189750.501(3)

 

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

May 2021

Procedure

If the applicant or an associated prior operation number has a history of heightened monitoring, CCR staff follow the procedures described in 3323.3 Additional Requirements if the Applicant or a Prior Operation Number Has a History of Heightened Monitoring (RCCR Only) to determine which condition(s) must be added to the initial license. CCR staff add any required condition(s) to the initial license before issuance.

 

3424.6 Temporary Conditions

May 2021

A temporary condition may be set for deficiencies with minimum standard rules that do not pose a risk to children if compliance will be achieved within three months.

 

3425 Amend the Permit When Necessary

September 2015

Procedure

Adding conditions may require amending a current permit. See 3810 Circumstances That May Require Amending the Permit.

 

3430 Recommending Denial of a Permit

September 2015

Procedure

The inspector does not issue a permit if the operation:

  • does not comply with administrative rules, minimum standards, or the law; or
  • the applicant knowingly and willfully provides false information during the application process.

Texas Human Resources Code §§42.05242.07242.16342.210

40 TAC §745.8605(1)

If recommending denial, the inspector submits the documentation to the supervisor.

If the supervisor and district director or manager concurs with the recommendation, the inspector consults with a Licensing attorney before denying the permit.

See 7600 Adverse Actions.