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 §§42.04742.04842.072

TAC §§745.343745.347745.8605745.8607

See also:

3511 Conducting Inspections During the Initial License Period

3520 Renewing an Initial License

3531 Time Frame for Issuing a Full License

4154 Technical Assistance

7600 Adverse Actions

 

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

October 2019

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.

Texas Human Resources Code §42.051(b)

26 TAC §745.347

Procedure

The inspector renews an initial license when an operation:

  • does not provide care for unrelated children during the initial period or begins operation so late in this period that continuing compliance cannot be determined; or
  • fails to establish continuing compliance with minimum standards and additional time is needed to establish a pattern of compliance.

See 3521 Required Approvals Before Renewing an Initial License

 

3521 Required Approvals Before Renewing an Initial License

October 2019

Procedure

Within five days after conducting the final inspection during the first initial license period, the inspector must staff the recommendation to renew the license with the supervisor and program administrator when:

  • an operation has pending investigations or unresolved deficiencies; or
  • a person at the operation has pending criminal charges.

The inspector documents the date of the staffing, the decision made, and the reasons for the decision in a CLASS Chronology.

Program Administrator Recommends Denial

If the program administrator recommends denial of the full license at this time in lieu of renewing the initial license, the inspector, supervisor and program administrator proceed with the steps outlined in 3550 Denying a Full License, within two days of the staffing.

 

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 §§745.347745.349745.353

See 5211 Exemptions From Fees

 

3530 Full License

 

3531 Time Frame for Issuing a Full License

May 2021

The inspector signs and mails the full license and issuance letter (which are both generated in CLASS) within six months after the date the initial license is issued or renewed.

The full license must be issued no later than the first day after the initial license or renewed initial license expires. For example, if the initial license expires August 31, the full license must be entered in CLASS no later than September 1.

The effective (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 §745.351

 

3531.1 Criteria for Issuing a Full License

December 2019

The inspector issues the full 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 made while children are in care, unless supervisory approval has been secured to make fewer inspections;
  • payment of the full license fee has been verified unless the operation is exempt from paying the fee; and
  • a supervisor has:
    • reviewed the operation’s compliance history in CLASS; and
    • approved the issuance of the full license.

Procedure

When the inspector is ready to issue the full license, the inspector requests supervisory approval 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 the supervisor approves full issuance in CLASS, the inspector:

  1. 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
  2. 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
  3. mails or delivers a copy of the permit to the operation.

See Job Aid - Approving a Full License on the CCR SharePoint site for additional details on how to approve issuance of a full license in CLASS.

See also 3531.2  Required Approvals Before Issuing a Full License.

26 TAC §745.351

 

3531.2 Required Approvals Before Issuing a Full License

October 2019

Procedure

Within five days after conducting the final initial inspection in the renewed (i.e., second) initial period, the inspector must staff the recommendation to issue the full license with the supervisor, program administrator and district director when:

  • an operation has pending investigations or unresolved deficiencies; or
  • a person at the operation has pending criminal charges.

If a new investigation, unresolved deficiency, or pending criminal charge comes in after a staffing but before the full license is issued, the inspector must restaff the situation with those who participated in the last staffing as soon as possible. The inspector documents in CLASS Chronology the date(s) of the staffing(s), the decision(s) made and the reasons for the decision(s).

District Director Recommends Denial of the Full License

If the district director recommends denial of the full license, the inspector, supervisor and program administrator proceed with the steps outlined in 3550 Denying a Full License, within two days of the staffing.

 

3532 Full License for an Operation that Changes Ownership or Location

July 2021

Procedure

The inspector may issue a full license instead of an initial license to a licensed or certified operation that changes ownership or location 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 in lieu of a full license to a previously licensed operation that:

  • changed ownership or location; and
  • has not demonstrated full compliance with statute, rule, and minimum standards.

Texas Human Resources Code §§42.04842.051

26 TAC §§745.321745.345

See also:

3313.4 Evaluating Compliance

3832 Change of an Operation’s Location that Requires an Application for a New Permit

3833 Change of Ownership

 

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