Rule Reminder: Inspections, Investigations and Confidentiality

In order to ensure that child care operations comply with relevant minimum standards and other legal requirements, HHSC Child Care Regulation (CCR) must conduct inspections and investigations.

When conducting an inspection or investigation, CCR staff must be able to gather information, conduct interviews, and engage in internal discussions on the grounds of the operation in a way that safeguards confidential information.

As provided in Texas Human Resources Code §42.04412(a) and 26 Texas Administrative Code §745.8411(a), an operation may not interfere with an inspection or investigation by CCR or the Texas Department of Family and Protective Services. Accordingly, CCR wants to remind all providers about the following rule that became effective on Aug. 23, 2023:

Rule §745.8485 specifies that an operation, or any person operating on an operation’s behalf, may not make a visual or audio recording during the licensing inspection and investigation.

The requirements in this rule include that an operation must provide a workspace free of audio and video recording devices for CCR staff to complete their inspection and investigation work.

For additional rules concerning confidentiality, see 26 Texas Administrative Code, Chapter 745, Subchapter K, Division 3 concerning Inspections, Investigations, and Confidentiality. You can also visit the CCR Minimum Standards webpage to review the webinar, Replacing and Updating Rules from 26 TAC Title 40, Chapter 745, Subchapter K, with Rules in TAC Title 26, Chapter 745, Subchapters B, I, and K.

CCR greatly appreciates the important work that providers conduct. By helping to ensure that CCR can conduct inspections and investigations, providers assure the public that the care they provide meets legal requirements.

Email with any questions.