Child Care Licensing
Handbook Revision, April 2013
This revision of the Licensing Policy and Procedures Handbook was published on April 1, 2013. Summaries of new or revised items are provided below.
Central Registry and Criminal History Searches (PATS 5922)
The items below are revised to reflect new and amended background check rules. In addition, policy is being updated to include Senate Bill 1178 (82nd Legislative Session) requirements. Updates will also:
• require CCL investigators (instead of CBCU) to request an emergency release when a CCL investigation results in a Reason-to-Believe finding and there is immediate danger; and
• require CCL inspectors to resolve FBI checks that are pending in CLASS.
Display of Revisions with Changes Highlighted (Word Document)
The following appendices have been deleted because of redundancies and outdated references:
Appendix 3000-1: Certain Criminal Offenses in the Texas Penal Code and the Health and Safety Code
Appendix 5000-2: Central Registry Match
The following items have been deleted:
5318.1 Results Required of Background and Fingerprint Checks Before Direct Access
5318.2 When an Exception to Results of Required Checks Is Allowed
5342 When a Criminal History Check Is Required
5342.1 Out-of-State FBI Results
5372 When Risk Evaluation Is Not Required
The following items have been renumbered to accommodate the deletions:
5342 (previously 5343) Initiating a Criminal History Check
5343 (previously 5344) Documenting Criminal History Check Results
5344 (previously 5345) Criminal History Check Results and Issuance
5372 (previously 5373) When Risk Evaluation Is Not Required
5373 (previously 5374) When a Risk Evaluation Is Required
5373.1 (previously 5374.1) Exceptions for Contact With Children While Risk Evaluation Is Underway
The following item has been reorganized into subitems. New content clarifies time frames at various stage of the request for a risk evaluation, as well as conditions and restrictions during the process. See:
5375 (previously 5376) Requests for Risk Evaluations
5375.1 Incomplete Requests for Risk Evaluations
5375.2 Time Frames for Requesting and Completing Risk Evaluations
5375.3 Conditions and Restrictions During a Risk Evaluation
Cross-references to the items being renumbered or deleted have been updated in:
Definitions and Terms
5373 (previously 5374) When a Risk Evaluation Is Required
4300 Conducting a Follow-Up With an Operation
5333.1 CPS and APS Findings Before April 16, 1999
The name of Form 2971 has been changed to Child Care Licensing Request for Background Check to match the current form name. Items affected because they reference the form are as follows:
3311 Application for a Licensed Child Day Care Operation
3312 Application for a License to Operate a Residential Child-Care Operation
3411 Application for a Compliance Certificate to Operate a Small Employer-Based Child Care Operation
3412 Application for a Compliance Certificate to Operate a Temporary Shelter Child Care Operation
3512.1 Content of a Completed Application
3611 Contents of Application
4133.31 Evaluating Director Qualifications for Licensed Child Day Care Homes
Appendix 1000-2 Organizing Licensing Records
Appendix 2000-3 The Pre-Application Interview Conference Information
Display of Revisions With Changes Highlighted (Word Document)
See:
5300 Central Registry and Criminal History Searches
5310 Staff Responsibilities for Background Checks
5311 For Whom Central Registry and Criminal Background Checks Are Required
5312 For Whom Name-Based Background Checks Are Required
5313 For Whom Fingerprint-Based Background Checks Are Required
5314 For Whom Background Checks Are Not Required
5315 When Background Checks Are Required
5316 Submitting Background Check Requests
5316.1 Requiring Identifying Information
5316.2 Verifying Information
5317 Initiating Background Checks
5318 Allowing Direct Access Before a Background Check Is Complete
5319 Determining a Staff Shortage
5320 Conducting DFPS Central Registry Searches
5321 Purpose of Central Registry Searches
5333 Handling Unsustained Central Registry Findings
5333.12 Actions Taken for CPS and APS Findings on or After April 16, 1999
5333.2 Assessing Risk
5333.3 Emergency Release of Findings Based on Immediate Risk
5333.4 Notifying the Designated Perpetrator
5333.5 Due Process Hearing Actions
5333.51 Actions Taken When No Due Process Hearing Is Requested
5333.52 Actions Taken When a Due Process Hearing Is Requested
5333.53 Role of the Legal Division in Due Process Hearings and Related Actions
5333.54 When the Finding Is Sustained in the Due Process Hearing
5333.55 When the Finding Is Overturned in the Due Process Hearing
5334 Handling Sustained Central Registry Findings
5335 Notifying the Operation of Sustained Central Registry Findings
5336 Abuse and Neglect Findings in Out-of-State Registries for Prospective Foster and Adoptive Homes
5336.1 Obtaining Results From Out-of-State Abuse and Neglect Registries
5336.11 Role of the Child-Placing Agency
5336.12 Role of the Centralized Background Check Unit
5336.2 Evaluating Results From Out-of-State Abuse and Neglect Registries
5340 Conducting Criminal History Checks
5342 (previously 5343) Initiating a Criminal History Check
5343 (previously 5344) Receiving and Documenting Criminal History Check Results
5344 (previously 5345) Criminal History Check Results and Permit Issuance
5350 Acting on Criminal History Check Results
5351 Determining Appropriate Actions Based on Criminal History
5352 Handling Juvenile Offenses
5353 Notifying the Operation of the Criminal History
5355.3 Other Actions Related to Criminal Matches
5355.31 When to Deny or Revoke a Permit Based on Criminal History
5355.32 Denial of Foster or Adoptive Home Verification for Drug-Related Convictions
5355.33 Actions Taken for Arrests, Indictments, or Criminal Complaints
5371 Persons Who Are Eligible or Ineligible for a Risk Evaluation
5372 (previously 5373) When Risk Evaluation Is Not Required
5373 (previously 5374) When a Risk Evaluation Is Required
5373.1 (previously 5374.1) Exceptions for Contact With Children While Risk Evaluation Is Underway
5374 (previously 5375) Documents Required for Risk Evaluations
5374.1 (previously 5375.1) Documentary Evidence Required for Criminal History Matches
5374.2 (previously 5375.2) Documentary Evidence Required for Central Registry Matches
5375 (previously 5376) Requests for Risk Evaluations
5375.1 (previously part of 5376) Incomplete Requests for Risk Evaluations
5375.2 (previously part of 5376) Time Frames for Requesting and Completing Risk Evaluations
5375.3 (previously part of 5376) Conditions and Restrictions Pending the Outcome of a Risk Evaluation
5376 (previously 5377) Making a Risk Evaluation Determination
5376.1 (previously 5377.1) Documenting Risk Evaluations
5380 Determining Compliance With Background Check Requirements
5381 Documenting Background Check Information
5390 Background Check Reminder Letter – Listed Family Homes Only