7100, Overview of Voluntary Actions and Enforcement Actions

• plan of action

• probation

• administrative penalty
• civil penalty

• denial of permit
• revocation of permit
• refusal to renew
• suspension of permit
• adverse amendment to permit

• temporary restraining orders
• injunctions

CCR identified a reason in HRC Section 42.078.

The operation fails to pay an administrative penalty under HRC Section 42.078.

The applicant:

• has had a permit for a child care operation revoked by another state; or
• is barred from operating a child care operation in another state for reasons like those that would cause CCE to take adverse action.

The applicant has had a permit revoked, suspended, or terminated by another HHSC agency as outlined in Texas Government Code, Chapter 531, Subchapter W, relating to Adverse Licensing, Listing, or Registration Decision.

A controlling person associated with the operation that is applying for a permit has had a permit denied or revoked by another HHSC agency for a substantive reason.

The CBCU identifies a background check match or possible match that makes a permit holder or applicant ineligible to be present at the operation.

Note: When a non-relative listed family home fails to submit a five-year background check by the due date CCR staff process an automatic action, and do not take an enforcement action.

Reference

Automatic Suspensions, 5810
Automatic Revocations, 5820

The operation has:

• a single serious deficiency of a statute, administrative rule or minimum standard;
• several deficiencies that create an endangering situation; or
• a repetition or pattern of deficiencies.

The operation fails to comply with liability insurance requirements.

References

Evaluating Compliance with Liability Insurance Requirements, 4600

HRC Sections 42.049 and 42.0495

The operation fails to follow conditions or restrictions placed on a person’s presence at an operation.

Reference

26 TAC Sections 745.631 and 745.637.

During the application process the operation:

• was exempt from the public notice and hearing requirements under 26 TAC Section 745.273(b); but  
• never provided or ceased to provide trafficking victim services and failed to meet the public notice and hearing requirements.

The operation fails to pay required fees other than an annual permit fee.

CCR staff process an automatic action, not take an enforcement action, when the operation does not pay the annual permit fee.

References

Automatic Suspensions, 5810
Automatic Revocations, 5820

The permit holder of a registered or listed home fails to notify CCR staff within 15 days after a change in location.

Reference

Handling Changes in an Operation, Type of Permit, Location and Ownership, 3800

The permit holder of a licensed home fails to notify CCR staff at least 15 days before a change in location.

Reference

Handling Changes in an Operation, Type of Permit, Location, and Ownership, 3800

The permit holder of a before or after-school program, school-age program, child care center, general residential operation, or child-placing agency fails to notify CCR staff 30 days before a change in location.

Reference

Handling Changes in an Operation, Type of Permit, Location, and Ownership, 3800

As a result of a public hearing, CCR determines:

• the community has insufficient resources to support the children the operation proposes to serve;
• issuing the license or amending the permit would adversely affect the children the operation proposes to serve as outlined in 26 TAC Section 745.340(2); or
• issuing the license or amending the permit would have a significant adverse impact on the community and would limit opportunities for social interaction for the children that the operation proposes to serve.