4400, Additional Regulatory Activities for Certain Types of Operations

4410 Monitoring Certified (State-Operated) Child Care Operations

September 28, 2018

A certified child care operation must comply with all law, administrative rules, and minimum standard rules applicable to its facility type and the services it provides.

Situations that place children at risk must be immediately communicated to a Licensing supervisor, who ensures that the appropriate CCL director is informed about the situation and about any Licensing action taken.

Texas Human Resources Code §42.052(a) and (b)

Procedure

Licensing staff notify a Licensing supervisor about:

  • any resistance to regulation; and
  • any inspection or investigation of reports in which deficiencies involving the children's health or safety are cited.

The supervisor informs the appropriate CCL director about the concerns, who in turn notifies the assistant commissioner of Licensing.

If a state-operated facility violates the law, administrative rules, or minimum standard rules and the violation threatens serious harm to the children in care, the associate commissioner of Licensing notifies the executive commissioner.

At the commissioner's direction, the associate commissioner of Licensing notifies the governor, if the situation presents immediate danger to the children's health or safety.

Licensing staff send the associate commissioner of Licensing copies of:

  • any inspection or investigation reports that cite deficiencies involving the health or safety of children; and
  • all correspondence regarding corrective or adverse action.

 

4420 Monitoring Residential Child Care Operations

May 2020

 

4421 Monitoring Child-Placing Agencies

October 2020

A child-placing agency (CPA) verifies, approves, and monitors its foster family, foster group, and adoptive homes.

For the purposes of Child Care Regulation (CCR), branch offices, foster homes, and adoptive homes are considered part of the CPA. If the CPA, any branch office of the CPA, or any of the CPA's foster homes or adoptive homes fail to comply with administrative rules or minimum standards, CCR may do one or both of the following:

  • Cite the CPA (including a branch office) for deficiencies.
  • Take adverse action, up to and including revocation, against the permit of the CPA.

Texas Human Resources Code (HRC) §42.053

26 TAC §749.301

Procedure

Inspectors:

  • monitor the CPA by conducting interviews and reviewing the CPA's records and the information gathered from random sampling of the CPA's foster homes; and
  • use the information to determine whether the CPA:
    • is complying with law, administrative rules, minimum standard rules; and
    • is following the policies it submitted to CCR.

Texas Human Resources Code §42.044

See 4100 Inspecting Child Care Homes and Operations.

Branch Offices

Branch offices must comply with all statues, rules, and standards related to CPAs.

Inspectors maintain separate compliance information for each branch office, but notify the CPA permit holder about all deficiencies cited at the branch offices.

For purposes of data collection, CLASS assigns a branch number to each branch office and creates a separate file in CLASS for each branch office.

CLASS Documentation Requirements

CCR staff document in CLASS:

  1. the location and effective date of each of the CPA's branch offices;
  2. CPA's records;
  3. CPA's foster homes; and
  4. names of the CPA's staff.

 

4422 Monitoring CPAs That Conduct International Adoptions

October 2020

A child-placing agency (CPA) that conducts international adoptions must comply with all law, administrative rules, or minimum standard rules that apply to the type of permit the CPA holds and the services it provides.

Texas Human Resources Code §§42.002(12)42.07242.044(e)(4)

Procedure

Child Care Regulation (CCR) staff monitor CPAs that provide international adoption services. A CPA's adoption activities that occur in Texas are evaluated for compliance with all applicable minimum standard rules.

CCR staff do not evaluate child-placing activities that occur in other countries.

CPAs in Texas that handle international adoptions must comply with the U.S. Department of State's requirements for international adoptions. The requirements are based on The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). CCR staff do not enforce the requirements in the Hague Adoption Convention, but may provide technical assistance to help CPAs obtain information from the U.S. Department of State.

 

4423 Certifying the Licensing Status of a Child-Placing Agency for International Adoptions

October 2020

A child-placing agency (CPA) licensed in Texas may request that HHSC certify, in writing, the status of its license.

Inspectors only process certification requests from child-placing agencies (CPAs) licensed in Texas.

Before preparing a response letter to the CPA, inspectors review the CPA's Child Care Regulation (CCR) record to confirm that the CPA is in good standing.

Procedure

When CCR receives a request to certify the status of a CPA's license, the inspector responsible for the CPA responds to the request.

The inspector provides certification status only:

  • to CPAs that are licensed in Texas; and
  • upon the CPA's request.

Upon receiving a request to certify the status of a CPA's license, the inspector takes the following actions:

  1. Review the CCR record to ensure that the CPA is in good standing.
    • An operation with a valid permit is considered in good standing with CCR, if no corrective or adverse action is pending against the operation.
    • If a CPA is on corrective or adverse action, or such action is pending, consult with the supervisor before replying to the request.
  2. Complete a reply letter (Form 2983 Certification of a CPA License Status Letter). The letter requires:
    • supervisor approval; and
    • a notarized signature.
  3. Send the letter to the CPA.
    Before responding to a CPA that is not in good standing (that is on corrective or adverse action, or that has such action pending), the inspector obtains approval from the director of residential CCR or a CCR attorney.
  4. Document the request in CLASS, in the Chronology field, and note the date the reply letter (Form 2983) is sent.
  5. File a copy of the reply letter in the CPA's hard copy record.

Other requests are handled as follows:

  • Requests from other entities, such as the U.S. Department of State, are handled as open records requests. See 8000 Responding to Requests for Child Care Regulation Information.
  • Requests for information not addressed in Form 2983 Certification of a CPA License Status Letter, require approval from the director of residential CCR or a CCR attorney.

 

4430 Random-Sample Monitoring of CPA Foster Homes

August 2012

The purpose of a random-sampling inspection is to ensure that a CPA:

  1. is complying with applicable law, administrative rules, and minimum standard rules;
  2. has correctly determined that a foster home meets the requirements for verification; and
  3. has made appropriate decisions regarding:
    • the foster home's ability to work with children of a certain age or gender,
    • foster home's ability to care for children who have special needs or supervision requirements,
    • services the foster home is able to provide, and
    • foster home's capacity.

Texas Human Resources Code §42.044(e)

26 TAC §749.2471(7)

Inspectors do not conduct a sampling inspection if the inspection would interfere with an ongoing investigation.

An investigation of a home does not replace a sampling inspection. A sampling inspection of a foster home does not replace a required monitoring inspection of the CPA that regulates the home.

 

4431 Using Random-Sampling Inspections to Regulate a Child-Placing Agency

August 2012

Inspectors must evaluate a child-placing agency's (CPA's) compliance history and sampling information on an ongoing basis to determine the CPA's compliance with law, administrative rules, and minimum standard rules.

Inspectors assigned to the CPA cite the CPA for a deficiency if the CPA fails to maintain substantial compliance with law or rule or if the random-sampling inspections show a pattern of non-compliances within the CPA.

Procedure

The inspector assigned to the CPA must evaluate the CPA's compliance with law, administrative rules, and minimum standard rules. This information is used to prepare for the CPA monitoring inspection, continuing appraisal of the CPA, and the CPA's annual enforcement team conference. To evaluate the CPA, the inspector reviews the following information:

  1. The sampling results received from the Licensing staff who conduct the random-sampling inspections of foster homes verified by the CPA;
  2. Any investigation results;
  3. Compliance history report for random-sampling in CLASS; and
  4. Other compliance information.

Inspectors must be alert to indicators such as:

  1. patterns or repetition found in the concerns noted during sampling inspections;
  2. falsification of CPA records;
  3. non-compliance with background check rules;
  4. immediate hazards observed during an inspection;
  5. conflict-of-care issues (disagreements between the family and the CPA about the method or quality of care expected); and
  6. the CPA's failure to correct concerns found during a random-sampling inspection.

See:

4140 Preparing for Inspections

4500 Evaluating Risk to Children

 

4431.1 Citing Deficiencies Based on Random-Sampling Inspection Results

August 2012

Procedure

The inspector assigned to the child-placing agency (CPA) cites a deficiency if their evaluation of the CPA's compliance history and sampling information do not reflect substantial compliance with law, administrative rules, and minimum standard rules.

When citing deficiencies that are the result of a random-sampling inspection, the inspector must check the indicator box in CLASS.

If a deficiency is cited without a monitoring inspection of the CPA, the inspector:

  • uses the CLASS Assessment function to notify the CPA; and
  • informs CPA staff about their right to an administrative review of the deficiency.

See:

4200 Citing Deficiencies with an Assessment

7710 Administrative Reviews

 

4432 Selecting CPA Foster Homes for Random-Sampling Inspections

April 2022

Each year, CCR inspects one-third of all foster homes. These foster homes are selected through a random-sampling process. In addition, CCR also conducts sampling inspections each year for all active foster homes verified to serve children with primary medical needs.

Texas Human Resources Code §42.044(e)

40 TAC §745.8407(4)

Procedure

Each September, CCR staff from state office provide each regional director in the residential care program with the annual random-sampling goals for the fiscal year. The regional directors or their designees assign inspections in a way that ensures the region's annual goals are met and the workload is distributed over the fiscal year.

To meet the annual goals, CCR staff select foster homes that have been randomly selected for an inspection from the Agency Home Sampling Report List on the AH (Agency Home) Reports tab in CLASS. This list is generated on the last day of each month and contains a sufficient number of homes for primary and back-up lists.

Homes remain on the list and are available for sampling activities for 60 days, after which they drop off the list and any assigned worker's workload and return to the sampling pool.

If additional homes are needed to meet the assigned number of home inspections for the period, the supervisor or regional director contacts:

  • the director of Residential Care Operations; or
  • the director's designee.

 

4432.1 Pre-Screening CPA Foster Homes Selected for Random-Sampling Inspections

May 2022

Before scheduling a random-sampling inspection of a foster home, the inspector pre-screens the home to ensure that it meets the following criteria:

  • An active foster home actively caring for children (including homes verified for respite care only); or
  • An active foster home that is empty, but ready to accept placement.

Foster homes with children placed in the home are priority for random-sampling selections.

A random-sampling inspection is not conducted on a home if one or more of the following is true:

  • A foster home is closed or inactive (not currently accepting children for care).
  • A random-sampling inspection was conducted on the foster home within two years before the sample is drawn, unless:
    • the home serves children with primary medical needs;
    • the home has transferred to a different child-placing agency (CPA); or
    • all of the CPA's foster homes have been sampled at least once before the end of the two-year period.
  • A CCR supervisor determines that conducting a random-sampling inspection on the foster home would interfere with an ongoing investigation. 
  • CCR staff determine the home is an adoption-only home (random-sampling inspections are not conducted on adoption-only homes).

Procedure

Before preparing for or conducting a random-sampling inspection of a foster home, the inspector ensures that the home is eligible for a random-sampling inspection by pre-screening the home by reviewing information in CLASS, in IMPACT or from the CPA.

If DFPS or CCR has an open investigation on a foster home on the Agency Home Sampling Report List in CLASS, CCR staff consult with the supervisor to determine if conducting a random sampling inspection would interfere with the ongoing investigation. If a random-sampling inspection would interfere with the ongoing investigation, CCR staff select another foster home. See 6510 Investigations Involving Homes Regulated by a Child-Placing Agency (CPA) for special considerations when conducting investigations at agency foster homes.

 

4432.2 When a Foster Home is Screened Out

August 2012

If the home is not inspected because it has been determined it is ineligible, the inspector:

  • records the reason for not inspecting the home on the AH (Agency Home) Sampling Report page in CLASS; and
  • reassigns the home to the appropriate staff person.

If needed, the inspector asks for a different home from the random-sampling list in CLASS to be assigned for inspection.

 

4433 Preparing for a Random-Sampling Inspection

June 2016

Before conducting a random-sampling inspection at an agency foster home, the inspector:

  • requests records about the foster home from the child placing agency (CPA);
  • reviews the records to gain insight into the foster home;
  • completes the Foster Home Screening Review Guide (Form 7291); and
  • contacts the foster home to schedule an inspection, if the inspection is going to be announced.

See:

4433.1 Requesting CPA Foster Home Records in Preparation for a Random-Sampling Inspection

4433.2 Reviewing a CPA's Record on a Foster Home in Preparation for a Random-Sampling Inspection

4434 Scheduling Random-Sampling Inspections

 

4433.1 Requesting CPA Foster Home Records in Preparation for a Random-Sampling Inspection

August 2012

Procedure

The inspector contacts the child-placing agency (CPA) to request photocopies or electronic files from the CPA foster home's record. For homes verified by Child Protective Services (CPS), foster home records available electronically must be reviewed in the IMPACT system in lieu of requesting them from the CPS foster/adoptive home development worker.

Photocopies of foster home records received from the CPA become a part of Licensing's hard copy record for the CPA. Inspectors do not keep the records of the homes that they do not inspect. See 4437 Retaining Records of Random-Sampling Inspections.

If a monitoring inspection is planned at the CPA before the random-sampling inspection of the CPA's foster home, the inspector:

  • obtains copies during the monitoring inspection; or
  • reviews the foster home's record as part of the monitoring inspection.

 

4433.11 If Requested Records are Not Received Within Five Days

August 2012

Procedure

If Licensing does not receive the child-placing agency's (CPA's) records within five days of requesting the records, the inspector:

  • conducts an unannounced inspection of the CPA; and
  • cites the CPA for not providing the foster home records that were requested.

 

4433.2 Reviewing a CPA's Record on a Foster Home in Preparation for a Random-Sampling Inspection

June 2016

Procedure

Inspectors prepare for the random-sampling inspection of an agency foster home by reviewing the following information:

  • The CPA's foster home screening
  • Background check records in CLASS for the foster home
  • Developmental or corrective action plans in place for the foster home
  • Investigation history for the last 12 months, or since the last enforcement team conference, whichever is more recent
  • Inspection reports, the foster home's floor plan, serious incident reports, and other documentation in the CPA's foster home record, if:
    • questions or issues are identified as a result of reviewing the home screening; or
    • the records are being reviewed as a part of a monitoring inspection at the CPA; and
  • The children's records in the IMPACT system if CPS foster children are placed in the home.

After reviewing all of the information, the inspector takes note of any questions or issues that may need to be addressed with:

  • the foster parent during the sampling inspection; or
  • the CPA's staff before the sampling inspection.

If it is determined that information documented in the CLASS system regarding the agency foster home is outdated or incorrect, the inspector conducting the random-sampling inspection:

  • instructs the CPA to update the foster home's information; and
  • notifies the inspector assigned to the CPA.

The inspector assigned to the CPA then considers citing a deficiency, using an assessment, if outdated or incorrect information is a pattern for the CPA. See 4431.1 Citing Deficiencies Based on Random-Sampling Inspection Results.

 

4433.3 Completing the Foster Home Screening Review Guide

June 2016

Procedure

After reviewing the CPA's foster home screening, the inspector completes the Foster Home Screening Review Guide (Form 7291).

 

4434 Scheduling Random-Sampling Inspections

April 2022

A random-sampling inspection may be:

  • announced (CCR staff contact the foster home before inspecting the home); or
  • unannounced (CCR staff do not contact the foster home before inspecting the home). A minimum of 25 percent of the random-sampling inspections CCR conducts over the annual period must be unannounced.

 

4434.1 Scheduling Announced Inspections

August 2012

Procedure

When scheduling an announced random-sampling inspection, the inspector works with the agency foster home to ensure that the visit causes as little disruption to the family routine as possible.

If the foster home does not respond to voice messages left by the inspector, the inspector notifies the child-placing agency (CPA) using Form 2990 Agency Foster Home No Contact Letter.

 

4434.2 Scheduling Unannounced Inspections

April 2022

Procedure

When scheduling an unannounced inspection, the inspector chooses a time that:

  • is likely to cause as little disruption to the family routine as possible; and
  • is a time when the children in care will likely be at the home during the inspection.

If the inspector makes an unannounced random-sampling inspection and no contact is made, the inspector follows procedures in 4435.3 Attempted Random-Sampling Inspections.

 

4435 Conducting Random-Sampling Inspections at CPA Foster Homes

December 2019

  1. Inspect the home using Form 2978 Foster Home Random-Sampling Guide located on the CCL SharePoint site.
  2. Interview at least one foster parent.
  3. Interview all foster children who are present during the inspection who are able and willing to talk.
  4. Observe all non-verbal foster children who are present during the inspection.
  5. Point out immediate safety and health hazards to the foster parent or adult who is in charge during the inspection.

See 4435.1 Immediate Hazards.

An adult other than the foster parent may be the primary contact person present during the random-sampling inspection; however, at least one foster parent must be present at some time during the inspection in order to be interviewed.

Procedure

To conduct a random-sampling inspection, inspectors take the following actions:

  1. Present, on arrival, a valid HHSC identification card to the person in charge and explain the purpose of the visit.
  2. Use Form 2978 Foster Home Random-Sampling Guide to conduct the random-sampling inspection.
    The sample interview questions on Form 2978 are suggestions only. They are designed to help the inspector gather information. The inspector reviews the interview questions and tailors them to the circumstances of the inspection in order to ensure that they are appropriate for the child's age, developmental level, and situation.
  3. Determine whether background checks have been completed on all persons at the foster home who are required to have background checks completed. The background checks may be conducted in CLASSMate during the inspection. See 10000 Background Checks.
  4. Interview at least one foster parent in person during the inspection. If another foster parent cannot be present during the inspection and an interview is necessary, the inspector interviews that foster parent by phone.
  5. Interview all foster children who are present during the inspection and are able and willing to talk. Observe all non-verbal foster children who are present during the inspection. When a foster child has not been interviewed, the inspector notes the reason on Form 2978 Foster Home Random-Sampling Guide.
  6. Interview other household members or the staff of the child-placing agency (CPA), as needed, to determine how well the CPA is regulating its foster homes. Obtain written consent before interviewing the foster parent's biological or adopted children. See 6421.2 Observing and Interviewing a Child Related to a Child Care Provider.

If there are any meaningful discrepancies between the results of the home screening and observations made at the foster home during the random-sampling inspection, the inspector notes them on Form 2978 Foster Home Random-Sampling Guide.

If photographs are taken during the inspection, see 1400 State-Issued Equipment, Photographs, Video, Audio and Digital Files.

The sampling inspection is considered complete when both of the following have been addressed through observations and interviews:

  • All of the questions or issues noted during the review of the foster home's record.
  • All topics on CLASS Form 2978 Foster Home Random-Sampling Guide.

 

4435.1 Immediate Hazards

January 2013

Immediate hazards include, but are not limited to:

  1. unsupervised access to bodies of water, firearms, or medication;
  2. no water or electricity;
  3. structural damage to the home that makes the home uninhabitable;
  4. unsafe equipment; and
  5. construction hazards.

Procedure

When an immediate hazard is observed, the inspector conducting the random-sampling inspection must:

  1. point out immediate safety and health hazards to the foster parent or adult who is in charge during the inspection;
  2. notify the CPA within 24 hours of the inspection about immediate hazards found in the foster home; and
  3. notify the inspector assigned to the CPA within 24 hours of the inspection about immediate hazards found in the foster home.

The CPA must follow up to ensure that:

  • a plan exists for the home to come into compliance; and
  • the home follows the plan for the protection of the children.

The inspector assigned to the CPA follows up with the CPA, as appropriate, to ensure that the CPA has taken the appropriate actions regarding immediate hazards identified during the random-sampling inspection.

 

4435.2 When Abuse or Neglect is Reported or Observed

August 2012

See 6200 Assessing and Processing Intake Reports, if abuse or neglect is reported or observed during the inspection.

 

4435.3 Attempted Random-Sampling Inspections

August 2012

If a random-sampling inspection of a foster home is attempted but no contact is made, the inspector:

  • documents the attempted random-sampling inspections in CLASS; and
  • conducts another random-sampling inspection.

See:

4435.31 Attempted Announced Inspections

4435.32 Attempted Unannounced Inspections

 

4435.31 Attempted Announced Inspections

August 2012

If the family is not home when the inspector makes an announced random-sampling inspection, the inspector:

  • documents the attempted inspection as a Chronology in the foster home's record in CLASS;
  • contacts the family to reschedule the announced inspection; and
  • creates and sends Form 2990 Agency Foster Home No Contact Letter to the child-placing agency and foster home.

See 4434 Scheduling Random-Sampling Inspections.

 

4435.32 Attempted Unannounced Inspections

August 2012

First Attempted Unannounced Inspection

If the inspector makes an unannounced random-sampling inspection and no contact is made, the inspector:

  • documents the attempted inspection as a Chronology in the foster home's record in CLASS; and
  • conducts another unannounced inspection within 10 days.

Second Attempted Unannounced Inspection

If the family is not home at the time of the second unannounced random-sampling inspection, the inspector:

  1. documents the attempted inspection as a Chronology in the foster home's record in CLASS;
  2. contacts the family to schedule and complete an announced inspection; and
  3. creates and sends Form 2990 Agency Foster Home No Contact Letter to the child-placing agency and foster home.

See 4434 Scheduling Random-Sampling Inspections.

 

4436 Documenting and Sharing the Results of Random-Sampling Inspections

January 2013

Before leaving the foster home, the inspector:

  • completes CLASSMate Form 2979 Foster Home Checklist to document any concerns identified and any technical assistance provided during the random-sampling inspection; and
  • conducts an exit interview with the foster parent or person in charge to:
    • Inform the person about any findings identified as sampling concerns.
    • Provide the person with a copy of the completed CLASSMate Form 2979.

Within 10 days of each inspection or attempted inspection, the inspector who conducted the random-sampling inspection:

  1. resolves any pending sampling concerns and documents the outcomes for any pending sampling concerns in CLASS;
  2. completes the Sampling Letter in CLASS; and
  3. provides a copy of the Sampling Letter to the child-placing agency (CPA) and the Licensing inspector assigned to the CPA to inform them of the inspection results.

Texas Human Resources Code §§42.04442.04411

Procedure

Before Leaving the Foster Home

Before leaving the foster home, the inspector completes CLASSMate Form 2979 Foster Home Checklist to document:

  1. any concerns identified while reviewing the CPA's record on the foster home;
  2. any questions or issues identified while reviewing the foster home's agency home record in CLASS, including records related to compliance with background check requirements;
  3. any findings identified as sampling concerns as a result of conducting the random-sampling inspection; and
  4. any technical assistance provided to the foster home (see 4154 Technical Assistance).

After documenting the inspection results on CLASSMate Form 2979, and before leaving the home, the inspector conducts an exit interview with the foster parent or other adult who is in charge, during which the inspector:

  • informs the person about any findings identified as sampling concerns; and
  • provides a copy of the completed Form 2979.

Within 24 Hours After Completing a Random-Sampling Inspection

Within 24 hours after completing the random-sampling inspection, the inspector who conducted the random-sampling inspection notifies the CPA and the Licensing inspector assigned to the CPA about any immediate hazards observed in the foster home. Notification may be made by phone, email, or fax.

See 4435.1 Immediate Hazards.

Within 10 Days After the Random-Sampling Inspection

Within 10 days after the inspection, the inspector that conducted the random-sampling inspection:

  1. resolves any pending sampling concerns, if any, and documents the results in CLASS;
  2. completes the CLASS Sampling Letter; and
  3. sends the Sampling Letter to:
    • the CPA, and
    • the inspector assigned to the CPA.

Documenting an Attempted Random-Sampling Inspection

For information on documenting an attempted random-sampling inspection of a CPA foster home, see 4435.3 Attempted Random-Sampling Inspections.

 

4437 Retaining Records of Random-Sampling Inspections

June 2016

Procedure

Documentation collected as part of a random-sampling inspection is retained or destroyed according to the following schedule:

  • The sampling guide, Foster Home Screening Review Guide, and any home records obtained from the child placing agency (CPA) are retained in the case file for one year, or until the enforcement team conference for the CPA has been completed for the year; and
  • The sampling guide, Foster Home Screening Review Guide, and home study record are destroyed after one year, or after the conference has been completed for the year.

Confidential material must be destroyed as outlined in 1330 Records Retention.

 

4440 Enforcement Team Conferences

 

4441 Enforcement Team Conferences for Child-Placing Agencies and General Residential Operations

September 2017

Licensing staff conduct at least one annual enforcement team conference for each child-placing agency (CPA) main and branch office and general residential operation (GRO), even if the CPA or GRO is on voluntary suspension. These conferences are a part of Licensing's effort to monitor and enforce operations' compliance with law, administrative rules, and minimum standards.

During an enforcement team conference, Licensing staff conduct a comprehensive assessment of the operation by thoroughly reviewing information about the operation in CLASS, including from inspections and investigations that were conducted either by Licensing or DFPS.

The conference may be conducted by phone as a conference call or as a face-to-face meeting.

Texas Human Resources Code (HRC) §42.044(e)(4)

 

4441.1 Completing the Enforcement Team Pre-Conference Synopsis for a CPA or GRO

September 2017

Procedure

The assigned inspector completes the Pre-Conference Synopsis Details page in CLASS before conducting the enforcement team conference. If a CPA has a main office and one or more branch offices, a synopsis is completed for each office. The assigned inspector completes a synopsis.

The inspector completes the synopsis by the fifth day of the month in which Licensing issued the full permit. For example, if the operation received its full permit in January, the synopsis is due each year on January 5.

The inspector reviews the following information about the operation in CLASS to complete the synopsis:

  • Compliance/Sampling Report Detail (located under CLASS Tools)
  • Emergency Behavior Intervention Report (located under CLASS Tools)
  • Waiver/Variance List
  • People List
  • Inspection/Assessment List
  • Operation Investigation List
  • Corrective and Adverse Action History

The inspector analyzes the data on these pages and reports to determine if any trends or patterns exist. Once the inspector completes the synopsis, he or she submits it for supervisory approval by selecting the Ready for Supervisor Approval checkbox and saving the Pre-Conference Synopsis Details page in CLASS.

Supervisor Responsibilities

The Licensing supervisor must approve the synopsis by the seventh day of the anniversary month in which Licensing issued the full permit. For example, if the operation received its full permit in January, the synopsis approval is due each year on January 7. After approving the synopsis, the Licensing supervisor schedules the enforcement team conference with the assigned inspector.

 

4441.2 Conducting the Enforcement Team Conference for a CPA or GRO

September 2017

The Licensing supervisor is responsible for ensuring that the enforcement team conference is conducted for a CPA's main office or a GRO.

Special Considerations for a CPA's Branch Office

The Licensing supervisor is responsible for ensuring that an enforcement team conference is conducted for a CPA's branch office.

If a CPA's branch office closed since the last conference, Licensing staff review the following information related to the closure of the branch office as part of the conference for the CPA's main office:

  1. Any significant compliance history associated with the branch office.
  2. Reasons for the closure of the branch office.
  3. Significant outcomes of the closure of the branch office.

 

4441.3 Activities After Conducting the Enforcement Team Conference for a CPA or GRO

September 2017

Procedure

The inspector documents any identified concerns, follow-up plans, and recommendations in CLASS on the Enforcement Team Conference Details page. The inspector completes this documentation:

  • before the end of the anniversary month of full issuance, for a CPA's main office or a GRO; or
  • before the end of the 15th day of the anniversary month of full issuance, for a CPA's branch office.

Within 15 days of conducting the enforcement team conference, the inspector discusses the previous year's compliance history with the operation's licensed administrator, if appropriate, and documents the discussion or lack thereof in the Review with Administrator section of the Enforcement Team Conference Details page in CLASS. If a discussion did not take place, the inspector documents the reason the discussion did not occur.

Within three days of documenting the discussion with the administrator or lack thereof, the inspector finalizes the conference on the Enforcement Team Conference Details page in CLASS by:

  • selecting Completed as the Final Action;
  • documenting the date the Final Action was entered; and
  • entering any comments if necessary.

 

4450 Agency Home Closures

October 2020

CCR staff recommends the closure of an agency home when:

  • there is a high degree of risk to children; and
  • the risk cannot be mitigated.

 

4451 Assessing an Agency Home for Closure

April 2021

When CCR staff identifies risk at an agency home, CCR staff uses the following criteria to assess the home for closure:

  • patterns and repeated violation of high risk deficiencies;
  • number of and patterns in intakes and investigations; and
  • whether the home was previously closed for deficiencies by another CPA.

 

4451.1 Agency Home Compliance History Considerations

April 2021

When evaluating the compliance history of the agency home, CCR staff considers if there is a pattern or repeated violations of high risk deficiencies related to:

  1. inappropriate discipline;
  2. inadequate supervision;
  3. unsafe living conditions;
  4. safe sleep violations;
  5. children's rights
  6. interference with an investigation; or
  7. failure to report to the CPA a household member or frequent visitor for background checks.

Additional resources for evaluating the compliance history can be found on the CCR SharePoint site.

 

4452 Recommending an Agency Home for Closure

April 2021

When CCR staff determines that an agency home has a high level of risk that cannot be mitigated, CCR staff recommends closure of the home within 24 hours of identifying the risk.  

Procedure

To submit an agency home recommendation for closure, CCR staff:

  • completes Form 2980a, available on CCR SharePoint site;
  • gathers supporting documentation (for example, photographs or external documentation gathered for an investigation);
  • emails the form and supporting documentation to RCCLFCL@hhsc.state.tx.us; and
  • copies the supervisor, program administrator, regional director and state office director on the email.

Additional resources for completing Form 2980a can be found on the CCR SharePoint site.

 

4453 Closure of Agency Home Meeting

October 2020

If CCR state office accepts the recommendation for closure, CCR leadership and HHSC legal hold an internal meeting to discuss the details of the recommended closure.

If the recommendation for closure is approved during the meeting, the final approval is requested from the HHSC Regulatory Services leadership.

 

4454 Notifying a CPA of an Agency Home Closure

April 2021

If HHSC Regulatory Services leadership approves the closure of an agency home, the RCCR regional director:

  • contacts the CPA requesting closure of the home; and
  • notifies the DFPS CPS Director for Placement Services to assess for disallowance of placement.

Procedure

The regional director will enter a chronology to document whether the CPA agrees or disagrees with the decision. If the CPA decides to close the foster home, CPA staff document CCR Recommend Closure in the Reason for Relinquishment field on the CPA’s online account.

If the CPA decides to close the foster home but is unable to enter the reason for relinquishment due to technical difficulties, the CCR inspector may document CCR Recommended Closure in the Reason for Relinquishment field in the Operation Services section of the Agency Home page in CLASS.