Handbook Revision, November 1, 2021

Removing Regulatory Policy from CCI Handbook – Sections 2000, 3000, 4000, 5000, 9000, and Appendices (PATS 13544)

In 2017, the Texas Legislature transferred child care regulation functions from DFPS to Texas Health and Human Services (HHS).

Child Care Investigations reviewed its handbook and determined that the following sections contain policy about regulatory functions that transferred to HHS. As a result, these policies (and all subsections within them) are being removed from the CCI Handbook.

  • 2000 Handling Inquiries About the Licensing Process and Exemptions
  • 3000 Application and Issuance
  • 4000 Inspections
  • 5000 Administrative Actions
  • 9000 Licensed Administrators

The following appendices are related to the sections above and are also being removed:

  • 2000 Handling Inquiries About the Licensing Process and Exemption
  • 2000-1: Organizations Whose Members May Qualify for Exemption
  • 3000 Application and Issuance
  • 3000-2 Notifying the Operation
  • 4000 Monitoring
  • 4000-1: Field Guide for Documenting Inspections
  • 5000 Administrative Actions
  • 5000-1: Reviewing Waiver and Variance Requests
  • 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
  • 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
  • 7000-1: Factors to Consider for Enforcement Actions
  • 9000: Instructions for the Administrative Technician in the Licensed Administrator Program
  • 9000-1: Tabs in the Licensed Administrator Database
  • 9000-2: Applications for Administrator’s Licenses
  • 9000-3: Renewing Administrator’s Licenses
  • 9000-4: Background Checks for Administrator’s Licenses
  • 9000-5: Processing Fees
  • 9000-6: End-of-Week Procedures

Removing Regulatory Policy from CCI Handbook – Section 7000 (PATS 13581)

In 2017, the Texas Legislature transferred child care regulation functions from DFPS to Texas Health and Human Services (HHS). As a result, Child Care Investigations reviewed its handbook and removed sections containing policy about regulatory functions that transferred to HHS.

See:

7000 Voluntary Actions and Enforcement Actions

7100 Overview of Voluntary Actions and Enforcement Actions

7110 Circumstances That May Call for Enforcement Action

7120 Notifying an Operation When Licensing Takes Enforcement Action

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7210 Immediate Danger in a State-Operated Facility

7300 Voluntary Actions of the Operation

7310 Withdrawal of an Application

7320 Temporary Relocation

7330 Voluntary Suspension

7331 Assessing and Granting a Request for Voluntary Suspension

7332 Documenting the Voluntary Suspension

7333 Denying the Voluntary Suspension

7334 Ending the Voluntary Suspension

7340 Voluntary Closure

7341 Documentation of an Operation That Has Closed

7342 Voluntary Closure During an Investigation

7343 Notification of Investigation Findings When an Operation Closes Voluntarily

7344 Licensing Response if the Operation Did Not Close

7350 Plan of Action

7351 Criteria for Recommending a Plan of Action

7352 Staffing and Initiating a Plan of Action

7352.1 If the Operation Agrees to Participate in a Plan of Action

7352.2 If the Operation Does Not Agree to Participate in a Plan of Action

7353 Meeting With an Operation To Review a Plan of Action

7353.1 When Licensing and Operation Agree on a Proposed Plan of Action

7353.2 When Licensing and Operation Cannot Agree on a Proposed Plan of Action

7354 Documenting the Plan of Action in CLASS

7355 Starting a Plan of Action

7356 Inspecting an Operation During a Plan of Action

7357 Ending a Plan of Action

7357.1 Staffing Before a Plan of Action Ends

7357.2 Plan of Action Timeframes and Ending a Plan of Action Early

7357.3 Ending a Plan of Action When Compliance Has Been Established and Maintained

7357.4 Modifying or Ending a Plan of Action When Compliance Has Not Been Established

7400 Corrective Action

7410 Criteria for Imposing Corrective Action

7411 Criteria for Imposing Evaluation

7412 Criteria for Imposing Probation

7420 Staffing a Corrective Action

7421 Documenting the Corrective Action and Creating the Corrective Action Letter in CLASS

7421.1 Considering the Conditions for a Corrective Action

7421.2 Documenting Supervisory Approval of a Corrective Action

7421.3 Creating the Corrective Action Letter

7422 Meeting With an Operation About a Corrective Action

7422.1 Required Participants When Meeting With an Operation About a Corrective Action

7422.2 Topics Covered When Meeting With an Operation About a Corrective Action

7422.3 Finalizing the Corrective Action Letter

7422.4 Documenting the Corrective Action Plan Meeting

7423 Requesting or Waiving the Right to an Administrative Review of a Corrective Action

7424 Starting a Corrective Action

7425 Inspecting an Operation During a Corrective Action

7426 Conducting Surveillance During Corrective Action

7427 Staffings During Corrective Action

7428 Corrective Action Timeframes

7429 Ending Corrective Action

7429.1 Ending a Corrective Action When Compliance Has Been Established

7429.2 Modifying or Ending a Corrective Action When Compliance Has Not Been Established

7500 Administrative Penalties

7510 Legal Basis to Impose Administrative Penalties

7511 Imposing an Administrative Penalty Before Taking a Corrective Action

7512 Imposing an Administrative Penalty After Taking a Corrective Action

7520 Assessing the Need for an Administrative Penalty

7521 A Single High Risk Violation

7522 Repeated High Risk Violations

7522.1 Repeated Violations of Background Check Requirements

7530 Recommending the Administrative Penalty

7531 When to Recommend the Administrative Penalty

7531.1 When the Violation is Corrected at the Time of the Inspection

7531.2 When the Violation is Not Corrected During the Inspection

7532 How to Document the Recommendation to Impose the Administrative Penalty

7532.1 Determining the Maximum Daily Penalty Amount

7532.11 Determining the Operation’s Capacity

7532.12 Determining the Number of Days to Impose an Administrative Penalty

7532.13 Submitting the Recommendation to the Supervisor

7533 Supervisor and Legal Review of the Recommendation to Impose an Administrative Penalty

7533.1 Supervisor Agrees With the Recommendation

7533.2 Legal Agrees With the Recommendation

7533.3 Supervisor or Legal Disagree With the Recommendation

7534 Sending Notification of the Recommendation to Impose an Administrative Penalty

7535 Reviewing the Status of Administrative Reviews for Minimum Standard or Rule Violations Identified in the Administrative Penalty

7535.1 Actions to Take if Any, But Not All, Violation Identified in the Administrative Penalty is Overturned During the Administrative Review

7535.2 Actions to Take if All Violations Identified in the Administrative Penalty are Overturned During the Administrative Review

7540 Issuing the Order to Pay an Administrative Penalty

7541 When to Send the Order to Pay the Administrative Penalty

7542 Processing the Order to Pay the Administrative Penalty

7550 Due Process Rights for Administrative Penalties

7551 Determining Whether a Request for a Due Process Hearing Meets the Due Date

7552 Processing the Outcome of a Due Process Hearing for an Administrative Penalty

7552.1 Due Process Hearing Upholds the Decision to Impose the Administrative Penalty

7552.2 Due Process Hearing Overturns the Decision to Impose the Administrative Penalty

7553 The Right to Request a Judicial Review of an Administrative Penalty

7553.1 If the Right to a Judicial Review is Waived

7553.2 If a Judicial Review is Requested

7553.21 Documenting the Outcome of the Judicial Review

7560 Payment and Nonpayment of Administrative Penalties

7561 When Administrative Penalties Remain Unpaid

7561.1 Nonpayment Due to Insufficient Funds

7561.2 Nonpayment of Administrative Penalties for Reasons Other than Insufficient Funds

7561.3 Closing an Unpaid Administrative Penalty

7600 Adverse Actions

7610 Defining Adverse Action

7620 Criteria for Taking Adverse Action

7621 Circumstances That May Call for Adverse Action

7622 Criteria for Imposing an Adverse Amendment

7623 Criteria for Imposing an Involuntary Suspension

7624 Criteria for Imposing a Revocation

7630 Taking Adverse Action

7631 Notice of Intent to Deny, Revoke, or Suspend

7631.1 When Immediate Intervention Is Warranted at an Operation

7631.2 Creating the Notification of Intent Letter

7631.21 Requirements if the Action Taken is Denial

7631.22 Requirements When the Operation Has Been on Corrective Action or Suspension

7631.23 Requirements if the Action Taken is Revocation or Suspension and There is Risk to the Health or Safety of Children

7631.24 Notifying an Operation About the Requirements For Informing the Public About an Adverse Action

7631.25 Notifying an Operation About the Right to Request an Administrative Review

7631.26 Notifying an Operation About the Restrictions on Reapplying for a Permit

7631.27 Notifying an Operation About Restrictions on Controlling Persons

7631.3 Authorizing and Delivering the Intent to Impose Adverse Action Letter

7631.31 When The Operation Is Required to Close Immediately

7632 Administrative Review for Adverse Action

7632.1 Adverse Action Is Overturned at an Administrative Review

7632.2 Adverse Action Is Upheld at an Administrative Review or No Administrative Review Is Requested

7633 Notice of Decision to Deny, Revoke, or Suspend an Application or Permit

7633.1 Creating the Decision to Impose Adverse Action Letter

7633.11 Requirements if There is Immediate Risk to Children

7633.12 Right to Appeal

7633.13 Notifying an Applicant Who Is Denied or Revoked About the Restrictions on Reapplying

7633.14 Notifying an Operation About a Controlling Person’s Right to Request a Hearing

7633.15 Failure to Close the Operation

7633.16 Posting Requirements

7633.2 Notifying DFPS and Other State Agencies

7633.3 Updating the Operation’s Status in CLASS

7634 Inspecting During the Suspension, Revocation, or Denial Process

7635 Sending an Operation Final Notice of Suspension, Revocation, or Denial

7635.1 Statements Required in the Notice of Final Adverse Action (CLASS Form 2895)

7635.2 Additional Actions Taken by Licensing Staff When Adverse Action Is Final

7636 Follow-Up to Suspension, Revocation, or Denial

7637 Emergency Suspension and Closure

7637.1 Completing the Order for Emergency Suspension and Closure

7637.2 Writing the Letter for Emergency Suspension and Closure

7637.3 Delivering the Order and Letter for Emergency Suspension and Closure

7637.4 Complete an Affidavit

7637.5 Implementation of Revocation

7637.6 The Operation’s Notification Requirements

7637.7 Update Operating Status

7638 Follow-Up to Emergency Suspension and Closure

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7722 Release Hearings for Persons Investigated by Other DFPS Divisions

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7723.1 Additional Information for Permit Holders

7723.2 Additional Information for Illegal Operations

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7730 Due Process Hearings

7731 Regulation During Appeal Process

7732 When an Administrative Law Judge Issues a Final Decision on an Appeal

7733 Suit Filed

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7750 Civil and Criminal Penalties

7760 Settlement of Legal Case

7770 Administrative Review and Due Process Hearing for a Designated Controlling Person

7771 Choosing the Persons to Designate as Controlling

7771.1 Notifying Persons About the Intent to Designate

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

7772.1 Adverse Action Is Overturned, Stopped, or Results in a Settlement

7772.2 No Administrative Review Requested by a Controlling Person

7772.3 Decision to Designate a Controlling Person Is Overturned

7772.4 Decision to Designate a Controlling Person Is Upheld

7772.5 Notifying Persons About Licensing’s Decision to Designate a Controlling Person

7772.51 Content of CLASS Form 2763 (Controlling Person Administrative Review Decision Letter)

7772.52 Instructions for Requesting a Due Process Hearing to Appeal the Designation of Controlling Person

7772.53 Consequences of a Controlling Person Not Responding to a Letter About the Right to Appeal (CLASS Form 2763)

7772.54 Enclosures When Instructing a Person About the Right to Appeal a Designation as Controlling (CLASS Form 2763)

7772.55 Delivering the Letter Notifying a Person About the Right to Appeal a Designation as Controlling (CLASS Form 2763)

7773 Providing an Due Process Hearing for a Designated Controlling Person

7773.1 Controlling Person Did Not Request a Due Process Hearing

7773.2 When a Controlling Person Requests a Due Process Hearing to Appeal the Designation

7773.21 A Designation of Controlling Is Upheld at a Due Process Hearing

7773.22 A Revocation Is Upheld at a Due Process Hearing but the Designation of Controlling Person Is Overturned

7773.23 A Revocation and Designation Are Both Overturned at a Due Process Hearing

7773.3 Final Notice to Sustain the Designation of Controlling Person

7773.31 The Contents of the Letter to Notify a Controlling Person About a Sustained Designation (CLASS Form 2764)

7773.32 Delivering the Letter Notifying a Controlling Person About a Sustained Designation (CLASS Form 2764)

7773.4 Reviewing the Status of a Sustained Controlling Person in CLASS

7774 Documenting in the AARS When the Denial or Revocation of a Permit Is Final or the Role of Controlling Person Is Sustained

7774.1 Entering Details About an Operation in the HHSC Record Sharing System

7774.2 Entering Information for the Controlling Persons

7800 Automatic Actions

7810 Automatic Suspensions

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 Ending an Automatic Suspension

7820 Automatic Revocations

7821 Conducting Follow-Up to an Automatic Revocation

7821.1 The Operation or Home is Caring for Children

7822 Closing an Operation After an Automatic Revocation