5500, Voluntary Actions of the Operation

Revision 23-2; Effective June 26, 2023

5510 Withdrawal of an Application

Revision 23-2; Effective June 26, 2023

An operation may voluntarily withdraw an application for a permit.

See 3230 Withdrawal of an Application for a Permit.

5520 Temporary Relocation

Revision 23-2; Effective June 26, 2023

5520.1 Relocation Due to Damage or Renovation

Revision 23-4; Effective Nov. 30, 2023

An operation may relocate temporarily for a period of up to 90 days due to damage or renovation to the building, which makes it temporarily unsuitable for child care.

The operation must: 

  • Notify CCR in writing as soon as possible, but no later than 24 hours after the operation moves to a new location or begins providing care at any location not noted on the operation’s permit. For a residential child care operation, the operation may provide notice through a report to the Statewide Intake Division (SWI).
  • Before a planned temporary relocation:
    • obtain any inspections at the temporary relocation that are identified in the applicable minimum standards, which may include fire, sanitation and gas leak inspections;
    • ensure the temporary relocation complies with applicable statutes, administrative rules and minimum standards;
    • obtain CCR’s approval of the temporary location, including for any aspect that does not comply with applicable statutes, administrative rules and minimum standards; and
    • request that CCR amend the permit with a new address if the relocation lasts longer than 90 days.
  • For an emergency relocation:
    • complete the notice requirement as noted above;
    • complete the additional steps noted above as soon as possible after the relocation; and
    • for a residential child care operation, meet any additional reporting and documentation requirements.

Procedure

The inspector inspects the new location before or as soon as possible after the operation relocates to determine whether the temporary location complies with the applicable statues, administrative rules and minimum standards.

The inspector may use discretion in approving arrangements that do not comply with applicable statutes, administrative rules and minimum standards. Factors to consider when deciding whether to approve include:

  • the anticipated length of stay at the temporary location;
  • the degree of deviation from minimum standards; and
  • the risk to children considering the activities and services the operation offers.

See:

3823 Amending the Permit in CLASS         
5521 Documenting the Temporary Relocation in CLASS 

26 TAC Sections 745.5001(b)(2); 745.5051(2); 745.5101; 745.5103  

5520.2 Relocation Due to Declared Disaster (RCCR Only)

Revision 23-2; Effective June 26, 2023

A GRO or CPA may relocate temporarily to comply with a declared state of disaster under Chapter 418 of Government Code.

A GRO may also provide care to any child at a temporary location that is different from the location on the permit. For example, a child needs to be quarantined at a different location from other children. The operation must notify CCR as soon as possible after temporarily relocating due to a declared disaster.

In addition to moving its operation to a new location not noted on its permit, a CPA, including a branch office, may do the following to comply with a declared state of disaster:

  • move a foster home to a new location that is not noted on the verification; or
  • allow a foster home to provide care to any child at a location not noted on the verification. 

Procedure

The inspector takes the following steps when a GRO or CPA notifies CCR of the temporary relocation of the operation due to a declared disaster:

  • documents the relocation according to 5521 Documenting the Temporary Relocation in CLASS;
  • inspects the new location as soon as possible after the operation relocates to ensure that there is no risk to children;
  • notes any aspect that does not comply with applicable statutes, administrative rules and minimum standards; and
  • notifies the operation of the approval of the temporary location.

26 TAC Sections 745.435(e); 748.303(e); 749.503(e)

5521 Documenting the Temporary Relocation in CLASS

Revision 23-3; Effective Sept. 22, 2023

The inspector documents the temporary relocation of the operation in CLASS as soon as possible after receiving the relocation information from the operation as follows:

  1. enters a Chronology in CLASS documenting the:
    • temporary new address; 
    • relocation start date;
    • estimated end date; and
    • details about the disaster, if an RCCR operation is relocating due to a declared disaster; 
  2. on the Main page, completes the Temporary Location section; and
  3. uploads supporting documentation related to the temporary relocation and inspection to CLASS Document Library from the applicable CLASS page.

See:

1430  Documenting and Storing Photographs, Video, Audio, Scanned Documents and Other Digital Files 
1431  Documenting Photographs, Video, Audio, Scanned Documents and Other Digital Files 
1432  Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files in CLASS Document Library

5522 Ending the Temporary Relocation in CLASS

Revision 23-4; Effective Nov. 30, 2023

Operation Returns to the Address Listed on the Permit

When the operation returns to the address listed on the permit, CCR staff document the end of the temporary relocation in CLASS as follows:

  • enter a chronology documenting the actual end date of the relocation; and 
  • on the Main page under the Temporary Relocation section, enter the last day the operation used the location as the Actual End Date.

Operation Does Not Return to Address Listed on the Permit

If the operation does not return to the address listed on the permit within 90 days, the operation must request that CCR amend the permit with the new address. Staff follow the procedures in 3823.5 Changing the Operation’s Address in CLASS to amend the permit.

26 TAC Section 745.5001(b) 

5530 Voluntary Suspension

Revision 23-4; Effective Nov. 30, 2023

An operation may request a voluntary suspension of its permit for a specific period up to a maximum of two years when:

  1. changes or repairs are being made to the operation;
  2. enrollment is too low to operate, or no children are in care; or
  3. the owner is unable to operate due to:
    • illness;
    • an extended absence;
    • a staffing shortage;
    • personal reasons; or
    • a declared disaster.

During the voluntary suspension period, an operation must:

  • as soon as possible, but no later than 24 hours after notification of approval of the voluntary suspension, notify the parents of any children attending or enrolled in the operation of the voluntary suspension, including the dates of the voluntary suspension period;
  • not have children in care;
  • notify CCR at least 15 days before resuming operation;
  • return the permit to CCR during the suspension period;
  • continue to pay all fees; and
  • apply to renew the permit if the permit is due for renewal during the voluntary suspension period.

See 3912 When an Operation's Permit Renewal is Due

Human Resources Code Section 42.071

26 TAC Sections 745.5001(b)(3); 745.5151; 745.5157

5531 Assessing and Granting a Request for Voluntary Suspension

Revision 23-4; Effective Nov. 30, 2023

To assess a request for a voluntary suspension, CCR staff must receive a written request from the operation that includes the following information:

  1. the proposed dates that the suspension will begin and end;
  2. the reason for the request under 26 TAC Section 745.5151;
  3. plans for resuming operation; and
  4. a statement about how the permit holder will meet the applicable statutes, administrative rules or minimum standards at the end of the suspension period.

An operation may request to have a full permit suspended for a maximum of two years.

26 TAC Sections 745.5001(b)(3); 745.5153; 745.5155

Procedure

The inspector uploads supporting documentation related to the request to the CLASS Document Library.

When an operation submits a request for voluntary suspension, the inspector consults with the supervisor to determine whether to grant it as requested, grant with conditions or deny the request.

The inspector and supervisor consider the following factors:

  1. whether an enforcement action is pending against the operation; 
  2. whether CCR is considering submitting a Referral for Enforcement Action to Child Care Enforcement (CCE);
  3. whether CCE is considering imposing an enforcement action against the operation;
  4. whether CCR can confirm that the operation plans to care for children during the voluntary suspension period; 
  5. the length of time that the operation plans to suspend its permit; and
  6. whether the operation’s request to voluntarily suspend its permit meets one of the acceptable reasons.

If an enforcement action is pending against the operation or if HHSC is considering imposing an enforcement action against the operation, the inspector and supervisor will consult with the program administrator and regional director to evaluate whether approving the voluntary suspension would be disruptive of the pending or ongoing enforcement action. The regional director consults with the appropriate director of field operations, HHSC legal, and CCE before making a decision on the voluntary suspension request.

See:

1430  Documenting and Storing Photographs, Video, Audio, Scanned Documents and Other Digital Files 
1431  Documenting Photographs, Video, Audio, Scanned Documents and Other Digital Files 
1432  Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files in CLASS Document Library

26 TAC Sections 745.5003 and 745.5155

5532 Documenting the Voluntary Suspension

Revision 23-4; Effective Nov. 30, 2023

Procedure

If the decision is to grant the voluntary suspension with or without conditions, the inspector:

  1. changes the Operating Status on the Operation Main page in CLASS to No and updates the Effective Date
  2. notifies the program administrator or designee to check the Do Not Display On Public Website box on the Operation main page;
  3. completes the Provider Voluntary Suspension Plan page in CLASS as follows:
    • fills out the date the voluntary suspension begins;
    • selects the appropriate reason from the Reason drop-down menu; and
    • fills out the Disaster Name field, if applicable; and
  4. sends CLASS Form 2865 Voluntary Suspension Approval Letter, located on the Provider Voluntary Suspension Plan page in CLASS to the operation, notifying the operation of the decision to grant the suspension and the expectation that the permit holder returns the permit to the inspector.

If conditions are added to the voluntary suspension request, the inspector sends notice of the conditions as an enclosure with the Voluntary Suspension Approval Letter, Form 2865. The inspector documents the conditions in the Correction Plan section of the Provider Voluntary Suspension Plan page in CLASS.

5533 Denying the Voluntary Suspension

Revision 23-4; Effective Nov. 30, 2023

If CCR denies the request for a voluntary suspension, the operation may request an administrative review of the action.

26 TAC Section 745.8803(a)(1)(C)

Procedure

If the decision is to deny the voluntary suspension, the inspector notifies the owner of the operation by drafting notice of the denial on HHSC letterhead on the Corrective/Adverse action page in CLASS. The letter must include the reason for the denial and information about the permit holder’s right to an administrative review.

The inspector documents the denial in a Chronology for the operation in CLASS.

5534 Ending the Voluntary Suspension

Revision 24-2; Effective May 22, 2024

At the end of the voluntary suspension period, the operation may request an extension, if needed and if the voluntary suspension was for less than two years.

An operation must have CCR’s permission to reopen after a voluntary suspension. To request permission to reopen, the operation must notify CCR at least 15 days before the operation plans to resume operating. A CCR inspector will   conduct an inspection within 15 days of notification to determine if the operation meets all applicable statutes, administrative rules, and minimum standards.

An operation must have CCR’s permission to reopen after a voluntary suspension. To request permission to reopen, the operation must notify CCR at least 15 days before the operation plans to resume operating. A CCR inspector will   conduct an inspection within 15 days of notification to determine if the operation meets all applicable statutes, administrative rules, and minimum standards.

If the inspector determines the operation poses a risk to children in care, HHSC may recommend a voluntary plan of action or take an enforcement action to address the concerns. 

If the operation does not reopen, request an extension, or voluntarily close by the end of the voluntary suspension period, HHSC may take an enforcement action, including revoking the operation’s permit. The operation has the right to request available due process related to any enforcement action.

26 TAC Sections 745.5159 and 745.5161  

Procedure

If the inspector does not hear from the operation at least 15 days before the end of the suspension period, the inspector:

  1. contacts the permit holder they may notify them the voluntary suspension period is ending;
  2. informs the permit holder that CCR must receive written notification of and approve the request to resume operation;
  3. informs the permit holder that he or she may voluntarily close or request an extension of the voluntary suspension if the voluntary suspension was for less than two years; and
  4. informs the permit holder that if CCR is not notified in writing of the plans to reopen, voluntarily close or extend the voluntary suspension, HHSC may take an enforcement action, including revoking the permit.

Reopening the Operation

If the operation's permit holder notifies CCR in writing of plans to resume operating, the inspector conducts an inspection before reopening the operation. 

For the operation to reopen, the inspector must:

  1. address any concerns with applicable statutes, administrative rules and minimum standard violations observed during the inspection;
  2. change the Operating Status to Yes on the Operation main page in CLASS and update the Effective Date;
  3. notify the program administrator or designee to uncheck the Do Not Display on Public Website box in CLASS;
  4. enter a chronology of any discussion with the permit holder to verify compliance with statutes, administrative rules and minimum standards;
  5. enter the results of the voluntary action plan on the Voluntary Suspension page in CLASS; and
  6. return the permit to the operation.

If the inspector decides the operation poses a risk to children at the end of the voluntary suspension period, the inspector consults with the supervisor and takes the appropriate action depending on risk to children.

If the Operation Requests to Extend the Voluntary Suspension

If the operation requests an extension of the voluntary suspension, the inspector consults with a supervisor to decide if CCR will grant the request without conditions, grant it with conditions, or deny it.

When evaluating the request, the inspector and supervisor consider:

  1. if an enforcement action is pending against the operation;
  2. if CCR is considering submitting a Referral for Enforcement Action to Child Care Enforcement (CCE);
  3. if CCE is considering imposing an enforcement action against the operation;
  4. if CCR can confirm that the operation does not plan to care for children during the voluntary suspension period; 
  5. the length of time that the operation plans to suspend its permit; and
  6. if the operation’s request to voluntarily suspend its permit meets one of the acceptable reasons.

If an enforcement action is pending against the operation, or if HHSC is considering imposing an enforcement action against the operation, the inspector and supervisor consult with the program administrator and regional director to evaluate if approving the voluntary suspension would be disruptive to the pending or ongoing enforcement action. The regional director consults with the appropriate director of field operations, HHSC legal, and CCE before making a decision on the voluntary suspension request.

If the Operation Requests to Voluntarily Close Before the Voluntary Suspension Period Ends

If the operation notifies CCR of plans to voluntarily close the operation, the inspector follows up to close the operation. 

Reference    

Voluntary Closure, 5540   

If the Operation Fails to Reopen or Respond by the End of the Suspension Period

If the operation does not reopen, voluntarily close or request an extension of the voluntary suspension by the end of the suspension period, the inspector and supervisor consult with the program administrator and the regional director to determine if a Referral for Enforcement Action to CCE is appropriate.

If CCE decides to revoke the permit, CCR staff:

  1. update the Provider Voluntary Suspension Plan page in CLASS to:
    • select the option Closed in the Result of Suspension field;
    • enter the date of the decision to close the operation in the End Date field; and
    • enter the reason for closure in the Correction Plan field;
  2. conduct an inspection to verify the operation is not caring for children. If the operation is caring for children, CCR staff follow procedures in 6530 Investigations of Unregulated Operations; and
  3. document the operation’s closure in CLASS.

References

Administrative Reviews, 5600
Due Process Hearings, 5700

26 TAC Sections 745.8803(a)(1)(D) and 745.8835(a)(1)(A)

5540 Voluntary Closure

Revision 23-4; Effective Nov. 30, 2023

An operation notifies the inspector before, if possible, or within 10 days after going out of business or closing. Fees are not refundable when an operation closes.

If an operation is closing for a period of time but plans to reopen, see 5530 Voluntary Suspension.

26 TAC Section 745.5001(b)(4); 745.5201

Procedure

If the inspector learns that an operation will stop operating or has stopped operating and has no plans to reopen, he or she sends CLASS Form 2825 Voluntary Suspension/Relocation/Closure Letter to the operation to confirm that it is closing or has closed.

5541 Documentation of an Operation That Has Closed

Revision 23-4; Effective Nov. 30, 2023

Procedure

When CCR is notified that an operation is going to voluntarily close, the inspector takes the following steps:

  1. changes the operating status to No and updates the Effective Date to reflect the Begin Date of the voluntary closure on the Operation Main page in CLASS;
  2. enters the closure date in the Application/Closure page in CLASS; and
  3. enters the reason for closure in the Application/Closure page in CLASS.

If unable to determine the actual date the operation closed, the inspector uses the date he or she learned of the closing.

5542 Voluntary Closure During an Investigation

Revision 23-4; Effective Nov. 30, 2023

An operation may close voluntarily:

  • during an investigation; or
  • while failing to maintain compliance with minimum standards.

The voluntary closure of an operation does not prevent Child Care Enforcement (CCE) from imposing an enforcement action. Once an operation receives a CLASS Form 2880 Intent to Impose Adverse Action, CCE may follow through with the adverse action, regardless of whether the operation has closed.

26 TAC Section 745.5003; 745.5201 

5543 Notification of Investigation Findings When an Operation Closes Voluntarily

Revision 23-2; Effective June 26, 2023

Procedure

As soon as the investigation is complete, or as soon as the operation closes, the inspector sends a letter to the permit holder stating the investigation findings and the circumstances leading to the closing.

Exception: If the inspector has already sent a CLASS Form 2880 Intent to Impose Adverse Action to an operation, an additional findings letter is not necessary.

5544 CCR Response if the Operation Did Not Close

Revision 23-2; Effective June 26, 2023

Procedure

If the permit holder later tells the inspector that the operation did not close as planned, depending on the seriousness of the situation, the inspector may:

  • state that the circumstances will affect whether a permit will be issued in the future (see 3700 Denial of an Application for a Permit and Reapplying After Denial or Revocation); or
  • follow through with the adverse action process in spite of the closing (see 7630 Taking Adverse Action).