Licensing Policy and Procedure Handbook Revision November 2008

This revision of the Licensing Policy and Procedure Handbook was published on November 3, 2008.

Most sections of the handbook were affected by this revision. See a description of the changes in the following attachments:

Field_Communication122 HANDBOOK updates

AttachA_ 122 LPPH Updates

Below is a list of items revised, added, or moved with this revision.

* 1120 Types of Child Care Available in Texas

* 1400 Maintaining Case Records

* 2200 Types of Child Care and Multiple Operations

* 3200 Processing the Application for a License, Certificate, Registration, or Listing Permit

* 3210 Time Limit for Issuance of a Permit

* 3230 Withdrawal of an Application for a Permit

* 3231 Withdrawal of an Application for an Operation That Is Not Providing Care

* 3232 Withdrawal and Resubmission of an Application for an Operation That Is Providing Care

* 3310 License Application

* 3311 Application for a Licensed Child Day Care Operation

* 3312 Application for a License to Operate a Residential Child-Care Operation

* 3314 Explaining Governing Body Responsibilities — License or Certificate

* 3315 Evaluating Director Qualifications for Licensed Child Day Care Operations

* 3315.1 Evaluating Director Qualifications for Licensed Child Day Care Centers

* 3315.2 Evaluating Director Qualifications for Licensed Child Day Care Homes

* 3320 Activities Prior to Issuance of a License or Certificate

* 3321 Evaluating Before Issuing an Initial or Non-Expiring License or Certificate

* 3331 Preparing the Initial License

* 3341 Conducting Inspections During Initial License Period

* 3342 Renewing an Initial License

* 3920 Change of an Operation's Location

* 4000 Inspections

* 4100 Inspecting Facilities and Child-Care Homes

* 4102 Agency Authority to Monitor Child Care in Texas

* 4110 Inspection Types

* 4120 Preparing for the Inspection

* 4121 Planning for Monitoring Inspections

* 4130 Conducting the Inspection

* 4131 Reviewing Records of the Operation

* 4132 Handling Resistance or Refusal to Allow Inspection

* 4133 Attempted Inspections

* 4134 Avoiding Duplication of Child Day-Care Inspections by State Agencies

* 4135 Child Day-Care Inspections Performed by Political Subdivisions

* 4140 Documenting the Results of an Inspection

* 4141 Documenting Review of Conditions

* 4142 Completing the Facility Inspection Form 2936

* 4143 Completing a Supplemental Letter

* 4150 Conducting the Exit Conference

* 4151 Posting the Day Care Inspection Form or Letter

* 4200 Citing Deficiencies With an Assessment

* 4300 Following Up on Deficiencies

* 4310 Following Up on Deficiencies With Inspection

* 4320 Following up on Deficiencies Without Inspection

* 4330 Provider Plan of Action

* 4340 Warning Letter and Follow-Up With Inspection

* 4400 Monitoring Special Types of Operations

* 4410 Monitoring Certified (State-Operated) Facilities

* 4420 Monitoring Child-Placing Agencies

* 4421 Conducting Enforcement Team Conferences

* 4422 Random-Sample Monitoring of Agency Homes

* 4423 Preparing for Random Sample Inspections

* 4424 Conducting Random Sample Inspections

* 4425 Documenting Random Sample Inspections

* 4426 Using Random Sampling Information to Monitor a Child-Placing Agency

* 4427 Certification of Child-Placing Agency License Status for International Adoptions

* 4500 CLASS Enforcement Recommendations

* 4510 Evaluating Risk to Children

* 4600 Use of DFPS/CCL Digital Cameras

* 4610 Pictures That Present Better Evidence

* 4620 Documentation and Storage of Digital Pictures

* 4630 Overcoming the Operation's Resistance to Pictures Being Taken

* 4700 Reviewing Operation Policies

* 5000 Administrative Actions

* 5100 Waivers and Variances

* 5110 Decision Guidelines for Granting Waivers or Variances

* 5120 Setting and Monitoring Conditions for the Waiver or Variance

* 5130 Review of Conditions or Denied Request for a Waiver or Variance

* 5140 Rescinding or Amending a Waiver or Variance

* 5200 Fees

* 5211 Licensing Fee Chart

* 5212 Registration Fee Chart

* 5213 Listing Fee Chart

* 5214 Administrator's License Fee Chart

* 5215 Fees for Background Checks

* 5230 Application and Initial Fees

* 5240 Initial, Annual, and Renewal Fees

* 5250 Fees for Amended Licenses

* 5280 Fee Notice is Returned

* 5290 Nonpayment of Annual Fees

* 6100 Philosophy of Investigations

* 6150 Responsibilities of the Investigation Staff and Monitoring Staff

* 6151 Responsibilities of the Supervisor in Investigations

* 6200 Receipt of Intake Reports

* 6201 Receipt of Intake Reports from Statewide Intake

* 6204 Receipt of Intake Reports in Licensing Offices

* 6210 Confidentiality of the Reporter

* 6220 Assessing Information and the Immediate Safety of the Child

* 6300 Classifying the Report

* 6310 Priority 1 Reports

* 6320 Priority 2 Reports

* 6330 Priority 3 Reports

* 6370 Handling Multiple Reports for the Same Operation

* 6375 Reports to Licensing that May Not Require an Investigation

* 6380 Reports Alleging Abuse, Neglect, or Exploitation of Children Related to the Caregiver

* 6385 Referring Reports of Abuse, Neglect, Exploitation, or Child Death

* 6390 Repeated Reports

* 6395 Report of Incidents that Occurred in the Past

* 6400 Conducting an Investigation

* 6401 Investigation Procedures

* 6403 Notification to Law Enforcement

* 6404 Notifications to the Operation

* 6405 Notifying Parents/Managing Conservator Concerning Abuse/Neglect Report

* 6408 Conducting Investigations With and Without an On-Site Inspection

* 6410 Conducting Interviews

* 6417 Handling Obstruction of an Investigation

* 6505 Investigation of DFPS Employees

* 6515 Investigations Involving Persons With Limited Proficiency in English

* 6520 Investigation of Child Death

* 6525 Notifications of a Child Death

* 6535 Investigations in Child-Placing Agency (CPA) Homes and Child Protective Services (CPS) Homes

* 6535 Abuse / Neglect / Exploitation Reports in Child-Placing Agencies

* 6550 Investigations of Sex Offender Database Matches

* 6555 Investigations of Illegal Operations

* 6600 Completing the Investigation

* 6605 Types of Abuse, Neglect, and Exploitation

* 6610 Dispositions for Abuse, Neglect, and Exploitation Investigations

* 6630 Notifying the Operation of Investigation Results

* 6635 Notification to the Alleged Perpetrator of Abuse, Neglect, or Exploitation Findings

* 6645 Notifying the Reporter of Investigation Results

* 6655 Notification to Monitoring Unit

* 6660 Special Notifications in Residential Child-Care Operations

* 6700 Documentation

* 6710 Maintaining an Investigation File

* 6740 Person Merge in IMPACT

* 6800 Recommending Action as a Result of Investigation Findings

7000 Actions and Remedies

7100 Overview of Actions and Remedies

7330 Voluntary Suspension

7433 Conducting the Evaluation or Probation Meeting

7435 Inspecting During Evaluation and Probation

7436 Recommending Early Removal From Evaluation and Probation

7500 Administrative Penalties

7510 Evaluating Administrative Penalties

7520 Decision Guide for Imposing Administrative Penalties

7530 Assessing Administrative Penalties

7540 Using the Administrative Penalties Fee Chart

7550 Recommending the Administrative Penalty

7560 Notifying the Operation and Imposing the Administrative Penalty

7570 Request for an Appeal

7571 Rescinding an Administrative Penalty

7631 Notice of Intent to Deny, Revoke, or Suspend

7637 Emergency Suspension and Closure

7710 Administrative Reviews

7721 Emergency Release

7760 Settlement of Legal Case

9610 Types of Actions on an Administrator’s License

9620 Choosing a Remedial Action for an Administrator’s License

9630 Tracking Due Process for an Administrator’s License

9700 Storing and Purging Closed Records for an Administrator’s License

9800 Reports and Directories for the Licensed Administrator Program

9810 Reports to Management Reporting and Statistics

9820 THECB Annual Report of Exam Results

9830 Licensed Administrator Directories

* Appendix 1000-4: Documentation in CLASS

* Appendix 3000-2: Notifying the Operation

* Appendix 4000-1: Field Guide for Documenting Inspections

* Appendix 5000-1: Reviewing Waiver and Variance Requests

* Appendix 5000-1A: Guidance on Reviewing Day Care Waiver or Variance Requests

* 5000-1A.1 Director Qualifications

* 5000-1A.2 GED or High School Diploma

* 5000-1A.3 Working Phone with a Listed Number

* 5000-1A.4 No Fence Around Playground/Yard

* 5000-1A. 5 No Hand-Washing Sink in the Diaper-Changing Area

* 5000-1A.6 Shared Space

* 5000-1A.7 Indoor Equipment Soft Contained Play Equipment (SCPE)

* 5000-1A.8 Sprinkler Play

* Appendix 5000-1B: Guidance on Reviewing Residential Child Care Waiver or Variance Requests

* 5000-1B.1 GED or High School Diploma

* 5000-1B.2 Extending a Child’s Stay

* 5000-1B.3 Medical Exam Within 30 Days

* 5000-1B.4 Foster Home Ratios

* 5000-1B.5 Children Younger Than Five Years in a Foster Group Home

* 5000-1B.6 Children of the Opposite Sex Sharing a Bedroom

* Appendix 6000-1: Time Frames for Investigations

Appendix 9000: Instructions for the Administrative Technician in the Licensed Administrator Program

Appendix 9000-1: Tabs in the Licensed Administrator Database

Appendix 9000-2: Applications for Administrator’s Licenses

Appendix 9000-3: Renewing Administrator’s Licenses

Appendix 9000-4: Background Checks for Administrator’s Licenses

Appendix 9000-5: Processing Fees

Appendix 9000-6: End-of-Week Procedures

 

*Content is unedited at the request of the Licensing program, and will be edited at a later date.