Licensing Policy and Procedure Handbook Revision December 2011
This revision of the Licensing Policy and Procedures Handbook was published on December 1, 2011.
CPA Branch Office Effective Dates
Adding Time Frames for Inspecting CPA Branch Offices
Listed Family Home Fee Exemptions and Auto-Suspensions and Auto-Revocations
Reorganization of the 1000 Section
Clarification of Inspection Documentation
Exemptions for Programs With Parents on Premises
Evaluating an Operation With an Initial License
CPA Branch Office Effective Dates
The LPPH is being updated to require staff to enter CPA branch office effective dates in CLASS. Other changes are made for clarification of existing policy.
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See:
3823 How to Amend the Permit
4420 Monitoring Child-Placing Agencies
4420.1 Monitoring CPAs That Conduct International Adoptions
4420.2 Certifying the Licensing Status of a Child-Placing Agency for International Adoptions
Adding Time Frames for Inspecting CPA Branch Offices
Licensing staff are required to inspect child-placing agency (CPA) branch offices. The Licensing Policy and Procedures Handbook (LPPH) has been revised to describe specific time frames for when these inspections must occur.
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See:
3341 Conducting Inspections During Initial License Period
3341.1 Purpose
3341.2 Frequency
3341.3 Time Frame for Final Inspection
4131 Frequency of Monitoring Inspections for Licensed Operations
4131.1 Residential Child Care – Monitoring Inspections for CPA Branch Offices
4131.2 Residential Child Care – Team Inspections
4134 Recommended Monitoring Frequency
Clarifying Time Frames for Inspecting Registered Child-Care Homes and Listed Family Homes
The Licensing Policy and Procedure Handbook has been revised to clarify when staff conduct inspections of registered child-care homes and listed family homes. See:
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4132 Frequency of Monitoring Inspections for Registered Child-Care Homes
4133 When to Conduct Monitoring Inspections for Listed Family Homes
Clarifying Requirements for Meeting With the Designated Day Care Director
The Licensing Policy and Procedure Handbook (LPPH) has been revised to clarify procedures related to meeting with the designated director, including documentation requirements. See:
4131.3 Child Day Care ‑ Annual Meeting With the Designated Director
Listed Family Home Fee Exemptions and Auto-Suspensions and Auto-Revocations
Listed Family Home Fee Exemptions
SB 78 added an allowance for listed family homes to be exempt from fees if care was being provided in the child’s home (as part of TWC requirements). Policies in LPPH 5000 and LPPH 3610 are being updated to reflect this exemption.
Auto-Suspensions and Auto-Revocations
SB 1178 added requirements for auto-suspensions for listed family homes that are delinquent in background checks. Policy is being added to the LPPH.
SB 1178 changed timeframes for auto-suspensions for fees for all operations from three months to six months. It also made auto-revocations mandatory for all operations if fees are not paid by the end of the sixth month. Policies in LPPH 5000 are being updated to reflect these changes.
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See:
3611 Contents of Application
3612 Time Frame for Licensing’s Response
3613 When Not to Accept an Application
5200 Fees
5210 Types of Fees
5211 Exemptions From Fees
5212 Requesting and Processing Application and Initial Fees
5213 Requesting and Processing the First Annual Fee
5214 Nonpayment of Annual Fees
5220 Fee Schedules
5221 Licensed Operations Fee Chart
5222 Registered Homes Fee Chart
5223 Listing Fee Chart
5224 Administrator’s License Fee Chart
5225 Fees for Background Checks
5230 Fees for Multiple Licenses
5240 Fees for Amended Licenses
5250 Fee Refund Guidelines
5260 Verification of Fee Payment
5270 Fee Notice is Returned
5280 Background Check Reminder Letter – Listed Family Homes Only
7800 Automatic Actions
7810 Automatic Suspensions
7811 Auto-Suspension Letters
7812 Ending the Automatic Suspension
7820 Automatic Revocations
7821 Auto-Revocation Letters
7822 Closing an Operation After an Automatic Revocation
Reorganization of the 1000 Section
The Licensing handbook is reorganized as follows, and all of the policy listed is edited:
• The 1000 section is reorganized
• Sections A and C in Appendix 1000-2 are deleted
• Items 2210 and 2220 no longer define operation types; the material is now published in 1141, 1442, and 1143
• The 1400 section is renumbered as the 1200 section
• The 4600 section is renumbered as the 1400 section and includes policy clarifications.
• The Definitions of Terms, in the Appendices, contains new and edited definitions
• The following cross-references are corrected, as a result of the reorganization:
4426 Conducting Random-Sampling Inspections
6460 Conducting Interviews
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Items affected:
1000 Legal Basis, Regulated Programs, Records, and Technology
1100 DFPS Regulatory Authority
1110 Licensing’s Regulatory Activities
1120 Legal Support for Policies and Procedures
1121 District and Regional Procedures
1122 Licensing Statutes
1123 Licensing Rules (Texas Administrative Code)
1123.1 Chapters in the Texas Administrative Code Applicable to Licensing
1130 Ethics of Regulation
1140 Operations and Activities Regulated by Licensing
1141 Types of Child Day Care Operations
1142 Types of Residential Child Care
1143 Types of Licensed Administrators
1200 Application Security for CLASS and IMPACT
1210 Assigning Security Roles in CLASS
1220 Assigning a Designee in CLASS and IMPACT
1221 Maximum Number of Designees in CLASS and IMPACT
1222 Time Limitations for Designees in CLASS and IMPACT
1230 Reassigning Cases, Deactivating Accounts, and Removing Roles in CLASS and IMPACT
1231 Reassigning Cases in CLASS and IMPACT
1232 Deactivating CLASS Accounts for Lack of Use
1233 Removing Rights to CLASS When an Employee Transfers Within DFPS
1234 Removing Rights to CLASS When an Employee Voluntarily Leaves DFPS Employment
1235 Removing Rights to CLASS and IMPACT When an Employee Is Involuntarily Terminated
1300 Licensing Records
1310 The Content and Organization of Licensing Records
1320 Custody of Licensing Records
1321 Assigning, Reassigning, and Transferring Records
1330 Records Retention
1400 Digital Cameras and Photographs
1410 Use of Digital Cameras Owned by DFPS
1411 Appropriate Use of a Camera
1412 Inappropriate Use of a Camera
1420 Taking Photographs That Present Better Evidence
1421 Photographs of a Facility, House, Room, or Yard
1422 Photos of Children
1422.1 Witness Required for Sensitive Photographs
1423 General Reminders for Taking Photographs
1424 Overcoming an Operation’s Resistance to Being Photographed
1430 Documenting and Storing Digital Photographs from Inspections or Non-Abuse or Neglect Investigations
1431 Documenting Photographs from Inspections or Non-Abuse or Neglect Investigations
1432 Storing Photographs from Inspections or Non-Abuse or Neglect Investigations
1433 Documenting and Storing Printed Photographs Received From an Outside Source
1440 Digital Photographs for Abuse or Neglect Investigations
1441 CD Storage of Digital Photographs for Abuse or Neglect Investigations
1442 Documenting Photographs From Abuse or Neglect Investigations
1443 IMPACT Storage of Digital Photographs From Abuse or Neglect Investigations
1444 Documenting and Storing Printed Photographs Received From an Outside Source
1450 Printing and Destroying Digital Photographs
2200 Types of Child Care Permits and Multiple Operations
2210 Permits Required for Child Day Care
2220 Permits Required for Residential Child Care
Appendix 1000-2: Organizing Licensing Records
Appendix 1000-3: Security Roles and Functions in CLASS
Definitions of Terms
Clarification of Inspection Documentation
This revision clarifies which inspection types staff choose when documenting inspections in CLASS and adds a reference to 4120 Types of Inspections. See:
4130 Preparing for the Inspection
This revision does not include policy changes. Content has been renumbered and cross-references have been updated. The list of inspection types has been alphabetized. In 4124 Initial Inspections, it is clarified that initial inspections are a type of monitoring inspection.
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See:
4120 Types of Inspections
4121 Application Inspections
4122 Attempted Inspections
4123 Follow-Up Inspections
4124 Initial Inspections
4125 Investigation Inspections
4126 Monitoring Inspections
4127 Other Types of Inspections
Exemptions for Programs With Parents on Premises
The item below is revised to comply with a legislative change (HB 3051, 82nd Legislative Session), which adds an exemption allowance for programs with parents on the premises if the program meets certain requirements, is located in a county that has a population of 800,000 or more, and is adjacent to an international border.
The item was also edited to ensure consistency with existing rules for exemptions in Chapter 745 of the Texas Administrative Code.
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See:
2350 Programs of Limited Duration That Are Exempt From Licensure and Certification
Evaluating an Operation With an Initial License
Policies in 3340 Evaluating During the Initial License Period were clarified by moving the policy from the 3342.2 How to Renew a License to this item, updating legal references, and adding a cross-reference to another policy section.
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See:
3340 Evaluating During the Initial License Period
3342.2 How to Renew a License
Content in 3342.3 was renumbered as 3342.2, re-titled, and edited to add a cross-reference to another policy section.
See:
3342.2 Renewing an Initial License (formerly 3342.3 How to Renew a License)
The items listed below have been renumbered without making changes to content.
See:
3343.2 Establishing Continued Compliance (formerly 3343.3)
3343.3 Decision Not to Recommend Issuance (formerly 3343.2)