6800, Recommending Action as a Result of Investigation Findings

September 28, 2018

After a Licensing investigator completes an investigation, the investigator must decide what action to recommend. 

 

6810 Issues to Consider Before Recommending an Action

September 28, 2018

Before making a recommendation, the investigator reviews the:

  1. findings of the investigation; 
  2. level of risk to children in care; and 
  3. operation’s compliance history.

If the investigator consults with the supervisor to determine what action to take, the investigator documents the staffing on the Contact List on the Investigation Conclusion page in CLASS. 

See also Appendix 7000-1: Assessing the Need for Enforcement Action.

 

6820 Actions to Take Following the Investigation of a Regulated Operation

September 28, 2018

Licensing may do the following after completing an investigation of a regulated operation:

  1. Take adverse action;
  2. Take corrective action;
  3. Take no action;
  4. Re-evaluate monitoring frequency; or
  5. Do routine monitoring. 

If corrective or adverse action is implemented, Licensing staff follows the policies and procedures outlined in 7400 Corrective Action or 7600 Adverse Actions. 

 

6830 Actions to Take Following an Investigation of an Unregulated Operation

September 28, 2018

Licensing may do the following after completing an investigation of an unregulated operation:

  1. If the investigator did not identify risk to children, set time limits for the operation to submit an application; or 
  2. If the investigator identified risk to children, ensure the operation has ceased providing care to children.

As appropriate, the investigator must: 

  1. Follow-up to ensure that the operation has submitted an application or ceased providing care subject to regulation; and
  2. Refer the operation for legal action if the operation continues to care for children and does not submit a timely application. 

See also:
6538 Identifying Risk Factors for Unregulated Operation Investigations
Appendix 7000-1: Factors to Consider for Enforcement Actions
Texas Human Resources Code §42.074(a)(2)

 

6840 Documentation in CLASS 

September 28, 2018

The investigator documents the recommendation by choosing the correct option from the Recommended Action drop-down field on the Investigation Conclusion page.