Dear Residential Child Care Provider,
The purpose of this communication is to notify you that Residential Child Care Regulation (RCCR) is changing the weight of 26 TAC §749.151(1), which requires a child-placing agency to designate a full-time child-placing agency administrator who is responsible for carrying out the responsibilities outlined in 26 TAC §749.635:
- Having daily supervision and overall administrative responsibility for all of your offices, including your main office and any branch offices; and
- Being responsible for or assigning responsibility for:
- Administering and managing the agency according to your policies;
- Ensuring that the agency complies with applicable laws, rules, and minimum standards;
- Personnel matters, including hiring, assigning duties, training, supervision, evaluation of employees, and terminations;
- Ensuring persons whose behavior or health status presents a danger to children are not allowed at the agency or foster homes; and
- Administering and managing your approved agency plans as stated in 26 TAC §749.101(3) and (4) that:
- Evaluate the effectiveness or your system for meeting the applicable rules; and
- Ensure the investigation of reports of minimum standards violations, upon our request.
Due to the importance of these duties, RCCR will change the weight of §749.151(1) from Medium to High effective 04/25/2022.
Also on this date, in accordance with Section 42.080 of the Human Resources Code, as added by Senate Bill 1896 (87th Regular Session), RCCR inspectors will follow these procedures when a licensed child-placing agency administrator leaves an operation that does not have back-up administrator on staff to carry out the duties in 26 TAC §749.635:
- Continue to provide technical assistance for 26 TAC §749.151(1) and give the operation 60 days to hire an administrator (as described in the CCR provider communication sent on 09/01/2021);
- If the operation has not hired a new administrator by the end of the 60 days, cite 26 TAC §749.151(1) and give the operation 30 additional days to come into compliance before taking any enforcement actions;
- If the operation has not hired a new administrator by the end of the 30 days, cite 26 TAC §749.151(1) again, recommend an administrative penalty for the maximum amount for each day past the compliance date that the operation fails to come into compliance, and give the operation 30 additional days to come into compliance before taking an additional enforcement action; and
- If the operation does not hire a new administrator at the end of the last 30-day timeframe, consider further enforcement action.