Child Care Licensing

Handbook Revision, June 1, 2015

This revision of the Licensing Policy and Procedures Handbook was published on June 1, 2015. Summaries of new or revised items are provided below.

Scanning Photos Using iPhone App

Inspection Requirements

Clarification for LPPH 6280

Licensing Responsibilities Related to a CPA Internal Investigation

Conducting Surveillance During Corrective Action

Amending a Citation as a Result of an Administrative Review

Holding Administrative Reviews for Controlling Persons

Following Up on Automatic Revocations

Scanning Photos Using iPhone App (PATS 7872)

The items below are revised to accommodate DFPS's allowance of the use of an app on staff's mobile phones which makes PDFs from scanned documents. Revised policy will allow staff to use this tool to capture violations of minimum standards, includes a deadline to download and store evidence gathered during inspections and non-abuse/neglect investigations, and removes the requirement of using paper forms to document photos.

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1400 Digital Photographs, Video, and Scanned Information

1420 Using Photographs, Video, and Scanned Information as a Regulatory Tool

1421 Using Audio as a Regulatory Tool

1422 Photographs and Video of Children

1424 Inappropriate Use of Photographs or Video

1430 Documenting and Storing Digital Photographs, Video, Scanned Information, and Audio From Inspections or Non-Abuse or Neglect Investigations

1431 Documenting Photographs, Video, and Scanned Information from Inspections or Non-Abuse or Neglect Investigations

1432 CD Storage of Digital Photographs, Video, and Scanned Information For Inspections or Non-Abuse or Neglect Investigations

1433 Documenting and Storing Printed Photographs Received From an Outside Source

1440 Documenting and Storage of Digital Photographs, Video, and Scanned Information for Abuse or Neglect Investigations

1441 Storage of Digital Photographs, Video, and Scanned Information for Abuse or Neglect Investigations

1442 Documenting Photographs, Video, and Scanned Information From Abuse or Neglect Investigations

1443 IMPACT Storage of Digital Photographs From Abuse or Neglect Investigations

Inspection Requirements (PATS 8057)

The items below are revised to:

  •   indicate that only background checks for individuals involved in the investigation are evaluated during an investigation inspection;

  •   provide clarification on walk-through inspections; and

  •   provide direction on evaluating compliance with:

  •   controlling person requirements,

  •   conditions or restrictions relating to the permit,

  •   waiver or variance, and

  •   risk evaluation.

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4150 Conducting Inspections

4150.4 Additional Requirements for Investigation Inspections

4151 Operation Walk-Throughs

4151.1 Exceptions for an Investigation Inspection

4151.2 Exceptions for a Follow-Up Inspection

4152 Reviewing Restrictions and Conditions

4152.1 When an Operation Repeatedly Fails to Meet Restrictions or Conditions

4153.2 Reviewing Background Check Records During Inspections

4153.3 Reviewing Information on Controlling Persons

4153.4 Reviewing Records at a Central Administrative Location

4161.2 Documenting Inspection Results on CLASS Form 2936

4161.21 Documentation of the Findings Evaluated From the Inspection

4161.22 Limits to Documenting Names of Children

4161.23 Limits to Documenting Names of Operation Employees

5380 Determining Compliance With Background Check Requirements

Clarification for LPPH 6280 (PATS 8067)

The items below are revised to clarify that a child living in a verified foster home of a relative or fictive kin is considered "in the care of an operation."

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6280 Referring a Report of Abuse or Neglect for Investigation When New Allegations Are Received During an Investigation

6533 Agencies Responsible for Investigations in CPA and CPS Homes

Licensing Responsibilities Related to a CPA Internal Investigation (PATS 7547)

LPPH 6000 is being revised to provide clarity and consistency with regard to handling CPA internal investigations.

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6532.3 Licensing Responsibilities

Conducting Surveillance During Corrective Action (PATS 8017)

The items below are revised to clarify that surveillance may be conducted during corrective action.

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Items affected:

7436 Inspecting an Operation During an Evaluation and Probation

7437 Conducting Surveillance During Evaluation and Probation

7438 7437 Recommending Early Removal From Evaluation or Probation

7439 7438 Ending Evaluation and Probation

7439.1 7438.1 When Compliance Has Been Established

7439.2 7438.2 When Compliance Has Not Been Established for an Operation on Evaluation

7439.3 7438.3 When Compliance Has Not Been Established for an Operation on Probation

7439.4 7438.4 Continuing Evaluation or Probation

Amending a Citation as a Result of an Administrative Review (PATS 8072)

This policy update clarifies that forms/letters should be updated to reflect the outcome of an administrative review if the decision is made to amend a decision or action taken by Licensing.

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7716.3 Amending an Action or Decision as the Result of an Administrative Review

7717.1 Notifying an Operation of the Outcome of the Administrative Review

Holding Administrative Reviews for Controlling Persons (PATS 8077)

This policy change clarifies the order of 1) an administrative review for the revocation of an operation and 2) an administrative review decision to designate a person as a controlling person. When held separately, the review of the operation must come first before the review of each controlling person.

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7772 Process of Providing an Administrative Review of the Designation as a Controlling Person

7772.4 Decision to Designate a Controlling Person Is Upheld

Following Up on Automatic Revocations (PATS 7587)

The items below are revised to:

  •   include a time frame for inspecting an operation after automatic revocation;

  •   add the requirement of a follow up inspection after automatic suspension;

  •   remove the use of DFPS Automated forms for automatic revocations; and

  •   clarify what types of inspection will be conducted after sending the automatic suspension and revocations letters.

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7800 Automatic Actions

7810 Automatic Suspensions

7811 Auto-Suspension Letters

7811 When to Process an Automatic Suspension

7812 How to Process an Automatic Suspension

7813 Conducting Follow Up to Automatic Suspension

7813.1 The Operation or Home is Caring for Children

7813.2 If the Operation or Home has Stopped Providing Care or is No Longer Operating

7814 7812 Ending the an Automatic Suspension

7820 Automatic Revocations

7821 Auto-Revocation Letters

7821 Conducting Follow-Up to an Automatic Revocation

7821.1 The Operation or Home is Caring for Children

7821.2 Closing an Operation or Home Due To Auto-Revocation

7822 Closing an Operation After an Automatic Revocation