Revision 24-2; Effective May 22, 2024
HHSC requests a district court to impose an action to address an issue at an operation.
Judicial actions may include a:
- temporary restraining order;
- temporary injunction;
- permanent injunction; or
- combination of the three.
26 TAC Sections 745.8603(a)(3) and 745.8681
7710 Injunction, Including Temporary Injunction
Revision 24-2; Effective May 22, 2024
After evaluating CCRs referral, CCE may request an injunction from the Office of the Attorney General. CCE may request an injunction upon finding:
- there is substantial risk of immediate harm to the health and safety of children in the care of an operation; or
- an operation subject to regulation is operating illegally and has failed to submit an application.
26 TAC Section 745.8681
HRC Section 42.074
7711 Following Up During an Injunction
Revision 24-2; Effective May 22, 2024
Procedure
After a court issues an injunction, the inspector, program administrator, regional director, and an Enforcement attorney for Child Care Licensing develop a plan for follow-up.
The inspector follows up to find out if the operation is obeying the court order. If it is not, the inspector submits a subsequent referral for an enforcement action to CCE.
CCE may file for contempt in district court when appropriate for violations of temporary restraining orders and injunctions.
Reference
Submitting a Subsequent Referral Action to Child Care Enforcement, 5723
7720 Civil Penalties and Criminal Offenses
Revision 24-2; Effective May 22, 2024
CCE evaluates CCRs referral for adverse action and considers filing for civil penalties and criminal offenses. If CCE determines a civil penalty is warranted, CCE consults with the Office of the Attorney General.
7720.1 Civil Penalties
Revision 24-2; Effective May 22, 2024
HRC Section 42.075 provides for civil penalties for any person who:
- threatens serious harm to a child in an operation by violating statues, administrative rules, or minimum standards;
- violates a provision of the statute, administrative rules, or minimum standards three or more times in a 12-month period;
- places a public advertisement for a facility or home that is subject to regulation without having the required license, registration or listing;
- knowingly fails to meet or maintain any criterion of an exemption and engages in activities that require a license or registration; or
- fails to inform CCR of a change in status and knows the change requires the person to be licensed or registered.
7720.2 Criminal Offenses
Revision 24-2; Effective May 22, 2024
HRC Section 42.076(a)-(c) state that the following are criminal actions and the offender is subject to criminal penalties:
- a person who operates a child care operation or child placing agency without a license commits a Class B misdemeanor;
- a person who operates a family home without a required listing or registration commits a Class B misdemeanor; and
- a person who places a public advertisement for an unlicensed facility or an unlisted or unregistered family home commits a Class C misdemeanor.
HRC Section 42.056 provides for a Class B misdemeanor criminal offense if:
- the director, owner, or operator of a facility or family home knowingly:
- fails to submit to CCR information about a person for use in background checks; and
- employs the person at the facility or family home or otherwise allows the person to regularly or frequently stay or work at the facility or family home while children are being provided care; or
- the director, owner, or operator of a facility or family home receives notice from CCR that, based on the results of a person’s background check, the person may not be present at the facility or family home and the director, owner, or operator knowingly:
- employs the person at the facility or family home; or
- otherwise allows the person to regularly or frequently stay or work at the facility or family home while children are being provided care.
HRC Section 42.0761 provides for Class B misdemeanor criminal offense when an owner or operator of a licensed child care center knowingly operates the center:
- without a director who meets the qualifications of a director or interim director; or
- without the routine presence of a director or interim director during the licensed child care center’s hours of operation.
HRC Sections 42.056; 42.075; 42.076; 42.0761
7730 Settlement of Legal Case
Revision 24-2; Effective May 22, 2024
When a legal case is settled, CCE notifies CCR of the outcome.
If the settlement allows the operation to continue or resume providing care to children, CCR staff consult with their supervisor and the regional program administrator to determine a plan for monitoring the operation.
If the settlement does not allow the operation to provide care, CCR staff conduct inspections as provided in the following table.
Status of Verification | Conduct Inspection to Verify the Operation is Not Providing Care? |
---|---|
CCR staff previously verified the operation ceased proving care | No |
CCR staff did not previously verify the operation has ceased providing care | Yes |