6600, Completing the Investigation

September 28, 2018

The investigation is complete when the investigator has:

  1. made all necessary contacts;
  2. ensured the safety of the children at the operation; and
  3. determined findings (compliance with or violations of statute, administrative rules, and minimum standards).

See 6400 Conducting the Investigation.

 

6610 Time Frames for Completion of the Investigation

September 28, 2018

Time frames for completing the investigation are based upon the priority assigned to the investigation:

Action Priority 1 Priority 2 Priority 3 Priority 4 Priority 5
Complete investigation 30 days 30 days 60 days 60 days 60 days

See Appendix 6000-1 Time Frames for Investigations

 

6611 Extending Time Frames for Completing an Investigation

September 28, 2018

The investigator must obtain supervisory approval for an extension of the time frames for completion.

 

6611.1 Criteria for Requesting Additional Time to Complete the Investigation

September 28, 2018

Procedure

A supervisor may approve an extension only when the investigator cannot complete the investigation because of circumstances beyond the investigator’s control, such as unavoidable delays in obtaining crucial information. A supervisor may extend the time frame by 30 days if:

  1. the investigator still needs medical information;
  2. the investigator has not received law enforcement reports; 
  3. an interview with a principal source involved in the investigation has been delayed; or
  4. the investigator is waiting for information from another state agency.

Before approving an extension, the supervisor reviews the investigation and ensures the reason for the extension request meets one of these criteria.

To receive an approval for an extension for reasons other than those listed above, staff obtains approval from the district director or program administrator.

An extension should not be approved for the following reasons:

  • The absence of an investigator
  • A staff shortage

Investigation Activities During the Extension Period

During the extension period, the investigator must attempt to obtain the necessary information for completing the investigation at least once a week and document what efforts the investigator made to obtain the information, unless the entity from whom the investigator is awaiting information requests less frequent contact or has provided an estimated timeframe for being able to provide the requested information.

 

6611.2 Documenting an Extension 

September 28, 2018

Following the staffing, the supervisor documents the approval of an extension by completing the required information in the Supervisor Extension Approval field. The narrative box must include the:

  • reason for the extension; and
  • date the extension expires. 

 

6611.3 Obtaining an Additional Extension

September 28, 2018

A supervisor may extend the first 30-day extension for the same reasons stated in 6611.1 Criteria for Requesting Additional Time to Complete the Investigation. The new extension should not exceed 30 days. To document approval of a second extension the supervisor enters a contact with the following information:

  1. the date of the staffing with the investigator;
  2. reason for the extension; and
  3. the expiration date of the extension.

During the extension period, the investigator must attempt to obtain the necessary information for completing the investigation at least once a week and document what efforts the investigator made to obtain the information, unless the entity from whom the investigator is awaiting information requests less frequent contact or has provided an estimated timeframe for being able to provide the requested information.

If the investigator needs an extension beyond the second 30-day period, the supervisor must consult with the district director or program administrator to obtain approval for the extension.

 

6620 Determining the Findings

September 28, 2018

At the end of the investigation, the investigator determines:

  • whether violations of statute, administrative rules, or minimum standards have occurred; and
  • whether further action is needed.

The investigator may, but is not required to, staff the finding(s) with the supervisor.

 

6630 Notifying the Operation of the Results of an Investigation

September 28, 2018

 

6631 Time Frames for Notifying the Operation 

December 2019

The investigator notifies the operation of the results of an investigation:

  • the same day the investigation is completed for an investigation assigned a Priority 1 or 2; or
  • within 60 days of receiving the intake report for an investigation assigned a Priority 3, 4 or 5. 

See Appendix 6000-1 Investigator Time Frames for Investigations. 

 

6632 Completing the Investigation Letter or Inspection Form

September 28, 2018

The investigator must notify the following persons in writing about the results of the investigation: 

  1. the person in charge at the operation; 
  2. the applicant, permit holder, or designee; and 
  3. those as required by Appendix 3000-2: Notifying the Operation. 

Procedure

The Investigation Letter (Form 2896) or the Child Care Facility Inspection (Form 2936) is generated in CLASS and provides the operation with information about the investigation, the findings, confidentiality protections, and next steps for the operation. 

The investigator sends the inspection form in lieu of the investigation letter only when the investigator is able to completely evaluate and make a determination regarding all standards under review at the time of the investigation inspection. In all other circumstances the investigator sends the investigation letter.

The letter or inspection form must include: 

  1. the purpose and date of the investigation; 
  2. evaluation of compliance with applicable statute, administrative rules, and minimum standards; 
  3. citations of violations of statute, administrative rules, or minimum standards; 
  4. corrections needed, if any, and time limit set for corrections, unless the investigation findings may result in revocation, suspension, or denial; 
  5. the requirement for posting the investigation results for child day care (see 4173 Posting the Day Care Inspection Form or Assessment Form); 
  6. a statement explaining the operation’s right to an administrative review and an explanation of the procedures for requesting one; and
  7. the name of the Licensing staff conducting the investigation. 

Texas Human Resources Code §42.044(c)

40 TAC §§745.8445745.8447

 

6640 Notifying the Reporter of the Results of the Investigation

April 2021

The investigator must notify the reporter of the results of the investigation. CCR staff select the Reporter Results box on the Intake Persons page in CLASS for all investigations unless one of the below exceptions applies.

Exception

CCR staff do not check the Reporter Results box on the Intake Persons page in CLASS and do not send a notification to the reporter if any of the following apply:

  1. There is a reasonable likelihood that notifying the reporter will jeopardize the reporter’s safety; or
  2. The reporter is anonymous.

CCR staff must consult with a supervisor if the reporter indicated that he or she did not want to be notified and:

  1. The only mailing address that CCR staff has for the reporter is the child care operation; or
  2. The reporter resides at the operation or with a person who is the subject of the investigation.

 

6641 Time Frames for Notifying the Reporter of Investigation Results

December 2020

The investigator sends notification of the findings to the reporter as follows:

If the priority of the investigation is… Then the investigator sends notification of the findings to the reporter…
Priority 1 or 2, on the same date the investigation is completed;
Priority 3, 4 or 5, within 60 days of receiving an intake report.

See also

Appendix 6000-1 Investigator Time Frames for Investigations

40 TAC §745.8445

 

6642 Completing the Reporter Letter

December 2020

CCR staff send the reporter notification of the investigation results when the Reporter Results check box on the Investigation Persons page in CLASS is checked. If the check box is unchecked, CCR staff do not send a notification.

Procedure

To determine whether to send notification of investigation results to the reporter, CCR staff review the Reporter Results check box on the Investigation Persons page in CLASS.

  • If the Reporter Results check box is checked, CCR send the Conclusion to the Reporter Letter 2814 to the reporter containing the results of the investigation via regular mail.
  • If the Reporter Results check box is not checked, CCR staff do not send the investigation results to the reporter.