Revision 21-4; Effective July 2021

 

The following changes(s) were made:

Revised Title Change
3140 Public Notice and Hearing Requirements for General Residential Operations Moves and updates section header previously in 3321.
3140.1 Public Notice and Hearing Requirements for General Residential Operation Applicants Organizes language relating to the public hearing requirements for GRO applicants. Clarifies the requirements for GROs that provide trafficking victim services.
3140.2 Public Notice and Hearing Requirements for General Residential Operation Permit Holders Organizes language relating to the public hearing requirements for GRO permit holders. Clarifies the requirements for GROs that provide trafficking victim services.
3141 General Requirements for Public Hearing and Notice Streamlines general hearing requirements and adds that during an active disaster declaration, hearings may be conducted remotely.
3142 CCR’s Role During the Public Hearing Updates language.
3143 Verbatim Record and Report of Public Comment from the Community Combines the verbatim record and content summary report and replaces the list of items required in the content summary report with a link to the Texas Administrative Code (TAC) that lists the required content.
3213 Topics Covered and Forms Provided During the Pre-Application Interview Updates language and adds liability insurance requirements to the list of topics the inspector explains during the pre-application interview.
3213.5 Liability Insurance Adds a section for liability insurance requirements.
3213.6 Additional Information Renumbers section and moves information from 3213.5.
3223.3 Additional Requirements for Certain General Residential Operation Applications Adds a section explaining the requirements for a GRO that provides treatment to children with emotional disorders.
3223.31 Reviewing the GRO Operational Plan Adds a section outlining the requirements for inspectors of a GRO to review Form 2960, Application for a License to Operate a Residential Child Care Facility, Attachment C, and the steps to take if the form is incomplete.
3223.32 Documenting the Approved GRO Operational Plan for Applicants Adds a section outlining how CCR inspectors document the review of Form 2960, Attachment C.
3321 Denial of a Permit or Amendment for Failure to Comply with Public Notice and Hearing Rules Moves information previously in this section to 3140, renumbers information previously in 3322.3 and updates content.
3322 Fee Exemptions for Certain Residential Operations Renumbers information previously in 3323. Note: Information previously in Sections 3321 – 3322.3 moves to 3140.
3323 Identifying, Documenting and Assessing Information from Prior Operation Numbers (RCCR Only) Renumbers information previously in 3324.
3323.1 Documenting Prior Operation Numbers (RCCR Only) Renumbers information previously in 3324.1.
3323.2 Assessing the Five-Year Compliance History of the Applicant and Prior Operation Numbers (RCCR Only) Renumbers information previously in 3324.2.
3323.3 Additional Requirements if the Applicant or a Prior Operation Number Has a History of Heightened Monitoring (RCCR Only) Renumbers information previously in 3324.3.
3532 Full License for an Operation that Changes Ownership or Location Clarifies language.
3811 When and How to Evaluate a Change that Poses Risk to Children Clarifies language and adds procedures for evaluating a GRO’s request to add treatment services for children with emotional disorders.
3812 When a Child-Placing Agency, Listed Family Home, Registered Child Care Home or School-Age Program Changes Location Changes the section title, adds school-age programs to the list of programs that may change location without having to reapply for a new permit and clarifies language.
3823 How to Amend the Permit in CLASS Adds procedures for how to update the location in CLASS for a school-age program that changed location.
3830 Changes that Require an Application for a New Permit Adds an exception for school-age programs that operate exclusively during the summer months or any other time school is not in session.
3832 Change of an Operation’s Location that Requires an Application for a New Permit Changes the section title, adds an exception for certain school-age programs and clarifies language.
3924.5 Public Hearings for Permit Renewals of Certain General Residential Operations Adds that a commissioner’s court of a county where a GRO providing treatment services for children with emotional disorders is located may request that CCR hold a public hearing for the renewal of the permit. Adds the procedure and hearing notice requirements.
4600 Evaluating Compliance with Liability Insurance Requirements Adds a section that outlines the requirement to maintain liability insurance for licensed, registered and listed operations.
4610 When to Evaluate for Compliance with Liability Insurance Requirements Clarifies when liability insurance is required to be evaluated for compliance.
4611 When to Evaluate Liability Insurance Requirements for Licensed Operations Adds a section for evaluating liability insurance requirements for licensed operations.
4612 When to Evaluate Liability Insurance Requirements for Registered Child Care Homes Adds a section for evaluating liability insurance requirements for registered child care homes.
4613 When to Evaluate Liability Insurance Requirements for Listed Family Homes Adds a section for evaluating liability insurance requirements for listed family homes.
4620 How to Evaluate for Compliance with Liability Insurance Requirements Adds a section that outlines the procedure for evaluating liability insurance, including if an operation has liability insurance and if the operation does not have liability insurance.
5100 Waivers and Variances Clarifies language and adds that waivers and variances are allowed for certain standards which are in statute for LCCC and RRCH relating to nutrition, physical activity or screen time. Adds heightened monitoring to a factor to consider for granting a waiver or variance.
5110 Submitting a Waiver or Variance Request Adds that a provider may submit the waiver/variance request online through their account and clarifies language.
5120 Decision Guidelines for Granting Waivers or Variances Changes “inspector” to “CCR staff” and adds heightened monitoring to a consideration for impact of child safety. Adds that waivers and variances are allowed for certain standards which are in statute for LCCC and RRCH relating to nutrition, physical activity or screen time.
5130 Establishing and Monitoring Conditions for the Waiver or Variance Makes minor text changes.
5131 Establishing Conditions Makes a minor text change.
5132 Evaluating Conditions Adds a subsection title for “Evaluating Conditions During an Inspection” and clarifies how staff document the evaluation in CLASS. Adds a subsection for “Evaluating Conditions Outside of an Inspection.”
5140 Processing a Waiver or Variance Request Updates “inspector” to “CCR staff” and clarifies language and the procedure for entering the waiver/variance request in CLASS.
5141.1 Entering the Request in CLASS Adds detailed procedures for entering the request in CLASS.
5141.2 Recommending and Documenting an Approval Moves the information previously in 5141.1 and changes “inspector” to “CCR staff.”
5141.3 Recommending and Documenting a Denial Moves the information previously in 5141.2 and changes “inspector” to “CCR staff.”
5141.4 Supervisor’s Review of the Waiver or Variance Request Moves the information previously in 5141.3 and changes “inspector” to “CCR staff.”
5141.5 Duplicate Requests Moves the information previously in 5141.4 and changes “inspector” to “CCR staff.” Updates a reference within the section.
5142 Notifying Provider of Waiver or Variance Decision Changes “inspector” to “CCR staff” and clarifies that staff may send the notification letter via email for an approved or denied request if the provider requests to be notified via email.
5143 Updating Administrative Review Changes “inspector” to “CCR staff.”
5144 Documenting Outcomes for Waivers and Variances Changes “inspector” to “CCR staff.”
5150 Renewing a Waiver or Variance Updates language to clarify that staff make the recommendation to grant or deny the waiver/variance request and changes “inspector” to “CCR staff.”
5160 Review of Conditions or Denied Request for a Waiver or Variance Clarifies language and changes “Licensing” to “CCR.”
5170 Rescinding or Amending a Waiver or Variance Clarifies language and adds a subsection, “Entering in CLASS if the Waiver or Variance is Rescinded.”
7110 Circumstances That May Call for Enforcement Action Adds that an enforcement action may be taken if a school-age program does not notify CCR before relocating and adds that enforcement action may be taken if an operation fails to comply with liability insurance requirements.