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8000 Day Care Investigations (DCI) and HHS Day Care Regulation (DCR)

SWI Policy and Procedures October 2021

This section will focus on Day Care Investigations (DCI) and Health and Human Services’s (HHS) Day Care Regulation (DCR) departments. For information regarding residential child care facilities, see 9000 Residential Child Care Investigations (RCCI) and HHS Residential Child Care Regulation (RCCR).

SWI assesses for the following two types of reports related to children in Texas day care facilities:

  • Abuse, neglect, and exploitation.
  • Standards compliance.

DFPS Day Care Investigations (DCI)

DFPS Day Care Investigations (DCI) is a division of Child Protective Investigations. DCI investigates allegations of abuse, neglect, and/or exploitation of children within operations that provide care for children under the age of 14 for less than 24 hours at a time. SWI assesses these reports as intakes.

Investigations Statutes

Texas Family Code (TFC) §261.001: Defines the allegations and establishes DFPS as the agency responsible for investigating abuse, neglect and exploitation of children.

Texas Administrative Code (TAC) 40 §§707.711, 707.713, 707.715, 707.717: Support the agency’s role in investigations of abuse, neglect and exploitation of children in child care facilities.

HHS Day Care Regulation (DCR)

Day Care Regulation (DCR or Licensing) is the department within the Regulatory Services Division of HHS that regulates child day care operations. Reports related to the licensure or standards compliance within a child care operation that do not include any allegations of abuse, neglect, or exploitation, are handled by HHS’s DCR (formerly known as Day Care Licensing, a term still used in IMPACT). SWI assesses these reports as I&Rs for Day Care Licensing (DCL) Standards Compliance.

Regulation Statutes

Human Resources Code Title 2, Chapter 42: Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services — Establishes standards for regulating child care.

HHS rules related to Child Care Regulation (CCR) are found in the 26 TAC §745 and 40 TAC §745. The rules implement the agency’s statutory responsibilities and identify and describe the rights and responsibilities of HHS and the operations it regulates.

Common Terms

Blatant disregard

The real and significant harm to the child as a result of act(s) or omission(s) by an employee, volunteer, or other person working under the auspices of a facility or program. The definition requires that both of the following are true:

  • The harm would have been obvious to a reasonable caregiver or a reasonable member of the person’s profession in the same situation.
  • The reasonable caregiver or reasonable member of the profession would have known to take precautionary measures to protect the child from the impending harm.

Caregiver

A person whose duties include the supervision, guidance, and protection of a child or children.

Child

A person under 18 years of age.

Child care center

A day care operation that is licensed to care for seven or more children for less than 24 hours per day, at a location other than the permit holder’s home.

Child in care

A child in care refers to any child who is being cared for in a child care operation regulated by DCR. The term is not only for children in DFPS conservatorship who are in licensed placements.

Immediate danger

Immediate danger to child’s physical health or safety means the act(s) or omission(s) by an employee, volunteer, or other person working under the auspices of a facility or program placed the child in a situation that resulted in or would have resulted in substantial emotional harm or substantial physical injury to the child.

License

A type of permit issued by DCR stating that an operation has met applicable statutes, administrative rules, and minimum standards and may operate. DCR issues licenses to all operations except listed family homes, registered child care homes and certified operations.

Licensed Child Care Home

A child day care operation that is licensed and meets the following requirements:

  • The primary caregiver provides care in the caregiver’s own residence for children from birth through 13 years.
  • The total number of children in care varies with the ages of the children, but the total number of children in care at any given time, including the children related to the caregiver, must not exceed 12.

Before September 1, 2003, a licensed child care home was licensed as a group day care home.

TAC 26 §747.111.

Listed Family Home

A child day care operation that receives a listing permit and meets the following requirements:

  • The caregiver is at least 18 years old.
  • The caregiver provides care for compensation in the caregiver’s own home.
  • The operation includes three or fewer children unrelated to the caregiver, birth through 13 years.
  • Care is provided for at least four hours a day, three or more days a week, and for more than three consecutive weeks.
  • The total number of children in care, including children related to the caregiver, may not exceed 12.

Minimum Standards

These are the minimum requirements for child care operations for which the following are true:

  • The requirements are published in chapters of the TAC devoted to specific types of operations.
  • HHS enforces the requirements to protect the health, safety, and well-being of children.

26 TAC §§742, 743, 744, 746, 747

Night Care

Child care offered between the hours of 9 p.m. and 6 a.m. This is regulated as child day care, not residential child care, as long as the children are not in care for 24 hours a day.

Operation

A person or entity offering a program that may be subject to regulation by HHS. An operation includes the building and grounds where the program is offered, any person involved in providing the program, and any equipment used in providing the program. An operation can be a child care facility or listed family home.

Program

Activities and services provided by an operation.

Registered Child Care Home

A home for which the following are true:

  • Registered primary caregiver provides care in the caregiver’s own residence for not more than six children from birth through 13 years.
  • Caregiver may provide care during after-school hours for not more than six additional elementary schoolchildren.
  • Total number of children in care at any given time, including the children related to the caregiver, must not exceed 12.

The term does not include a home that provides care exclusively for any number of children related to the caregiver.

Regular care

Care that is provided for at least four hours a day, three or more days a week, for three or more consecutive weeks or for four hours a day for 40 or more days in a period of 12 months.

Regulation

The enforcement of statutes and the development and enforcement of rules, including minimum standards. Regulation includes the licensing, certification, registering, and listing of an operation or child-care administrator.

Unregulated operation

An operation that provides child care that is subject to regulation but does not have a permit and is not in the process of applying for a permit. Sometimes referred to as an “illegal operation.”

See the HHS Child Care Regulation Handbook, Definitions of Terms.

8100 Types of Day Care Operations

8110 Day Care Operations Regulated by DCR

SWI Policy and Procedures October 2021

DCR regulates the following types of day care operations:

  • Listed family homes
  • Registered child care homes
  • Licensed child care homes
  • Licensed child care centers
  • Before- or after-school programs
  • School-age programs
  • Temporary-shelter day care operations
  • Small employer-based child care operations

See the Child Care Investigations Handbook, 1141 Types of Child Day Care Operations.

8120 Operations Exempt from Regulation by DCR

SWI Policy and Procedures October 2021

Child care operations may be exempt from regulations by statute or because they are regulated by another agency. Intake specialists are not responsible for determining whether an operation is subject to regulation or is exempt. DCR staff members are the only people who can make an exemption determination, which requires an extensive collection of information. When a report is made regarding any of these operations, the intake specialist assesses the information as either a DCI intake or I&R DCL Standards Compliance.

8130 Unregulated Day Care Operations

SWI Policy and Procedures October 2021

An intake specialist assesses a report regarding a day care program that might be operating without required DCR regulation the same as any other day care operation. The specialist completes a DCI intake if there are allegations of abuse or neglect. If all that is known is that the operation is not regulated by DCR, the intake specialist completes an I&R DCL Standards Compliance, even when no allegations are made about the following:

  • Violation of minimum standard rules.
  • Indications of abuse, neglect, or exploitation.

8200 DCI Person List

SWI Policy and Procedures October 2021

The Person List of a DCI intake includes the following people:

  • Victim(s).
  • Alleged perpetrators.
  • Other staff of the facility who might have additional information.
  • Parents or guardians of the victim(s).

It is not necessary to obtain identifying information for children or staff who were not involved in the reported incident and who would not have additional information.

8210 Types

SWI Policy and Procedures October 2021

The intake specialist identifies each person on the person list with an appropriate person type. A person can be a principal (PRN) or collateral (COL). The intake specialist must get identifying information for all principals, as well as for at least one relevant collateral.

8211 Principal (PRN)

SWI Policy and Procedures October 2021

DCI defines a principal as an alleged victim or an alleged perpetrator.

8212 Collateral (COL)

SWI Policy and Procedures October 2021

DCI defines a collateral (COL) as a witness or other person with additional information about the situation. A COL cannot be an alleged perpetrator or an alleged victim. Parents of the victim are always identified as collaterals.

Collaterals are always assigned the role of No Role (NO).

8213 Anonymous Reporters

SWI Policy and Procedures September 2023

A reporter may mention concerns about child abuse or neglect under CPI’s jurisdiction while making a report for DCI or DCR. A reporter can remain anonymous when making a report of abuse, neglect, or exploitation under the jurisdiction of any program except CPI. If the reporter chooses to remain anonymous, SWI cannot accept the report of child abuse or neglect under CPI’s jurisdiction.

See 2122.6 Anonymous Reporter Includes Concerns about Child Abuse or Neglect under CPI’s Jurisdiction While Making a Report for Law Enforcement or Another Program.

8220 Roles

SWI Policy and Procedures October 2021

DCI uses the following roles:

  • Alleged victim (VC)
  • Alleged perpetrator (AP)
  • No Role (NO)

8221 Alleged Victim (VC)

SWI Policy and Procedures October 2021

DCI defines an alleged victim as a child in care who suffered abuse, neglect, or exploitation while attending a day care operation. Only a child involved in a reported incident of abuse, neglect, or exploitation is listed as a victim. Each intake must have at least one alleged victim identified, even if the name or other demographics are not known.

8222 Alleged Perpetrator (AP)

SWI Policy and Procedures October 2023

DCI defines an alleged perpetrator as a person who meets the following criteria:

  • Works under the auspices of a day care operation for which DFPS has jurisdiction to investigate.
  • Is alleged to have abused, neglected, or exploited a child in care.

This definition includes the following:

  • Any employee or volunteer of the operation.
  • Any person under contract with the operation.
  • A director, owner, operator, or administrator of an operation.
  • Anyone who has responsibility for the children in care.
  • Anyone, including biological children of the owner who are 10 years old or older, who has unsupervised access to the children in care.
  • Anyone who regularly or routinely lives at the operation, including biological children of the owner who are 10 years old or older.
  • Any other person permitted by act or omission to have access to children in care.

The intake specialist does not create an unknown person on the Person List when the alleged perpetrator is unknown. Instead, the intake specialist leaves the alleged perpetrator field blank if the identity of the alleged perpetrator is unknown or unclear at the time of intake.

8222.1 Child as Perpetrator

SWI Policy and Procedures October 2023

Reports Alleging Abuse or Neglect by Child in Care on Another Child in Care

For DCI, a child in care refers to any child who is cared for in a childcare operation regulated by DCR. A child in care is never assigned the role of alleged perpetrator in a DCI intake.

When a reporter alleges that a child in care in a DCR operation is abusing or neglecting another child in care, the intake specialist does the following:

  • Completes an intake for neglectful supervision.
  • Lists the caregiver as the alleged perpetrator.
  • Lists both the perpetrating child and the victim of the perpetrating child as victims of neglectful supervision.

Reports Alleging Abuse or Neglect by Biological Child of the Caregiver

A caregiver’s biological child who abuses a child in care may be considered an alleged perpetrator in a DCI intake if the biological child is 10 years old or older.

If a reporter alleges that a caregiver’s biological child abused or neglected a child in care, the caregiver is also listed as an alleged perpetrator of NSUP. The caregiver is ultimately responsible for the child who was abused or neglected.

8223 No Role (NO)

SWI Policy and Procedures October 2021

If the person is not involved as an alleged victim or alleged perpetrator, then the intake specialist assigns the person a role of No Role (NO). In DCI intakes, only a collateral can be assigned a role of NO.

8230 Relationship or Interest (Rel/Int)

SWI Policy and Procedures October 2021

The intake specialist assigns the eldest Alleged Victim (VC) the Rel/Int of Oldest Victim (OV). The specialist assigns all other people the Rel/Int option that best describes that person’s relationship to the OV.

8300 DCI Allegations

SWI Policy and Procedures March 2023

Each report is assessed on a case-by-case basis. It is essential for the intake specialist to consult SWI policy, state statutes, applicable resources, and use his or her professional judgement to determine if one or more allegations are supported. If at least one allegation is supported, the intake specialist completes an intake.

8310 Abuse Allegations

SWI Policy and Procedures October 2021

DCI investigates allegations of emotional, physical, and sexual abuse, which is defined as follows:

  • An intentional, knowing, or reckless act or omission by an employee, volunteer, or other person working under the auspices of a facility or program.
  • An above-described act that causes or may cause emotional harm or physical injury to, or the death of, a child served by the facility or program, as further described by rule or policy.

TFC §261.405(1)

8311 Emotional Abuse (EMAB)

SWI Policy and Procedures October 2021

Emotional abuse is defined as any of the following:

  • Mental or emotional injury to a child that results in an observable and material impairment in the child’s growth, development, or psychological functioning.
  • Causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child’s growth, development, or psychological functioning.
  • The current use by a person of a controlled substance in a manner or to the extent that the use results in mental or emotional injury to a child.

 40 TAC §707.787

Health and Safety Code Chapter 481

8312 Physical Abuse (PHAB)

SWI Policy and Procedures October 2021

Physical abuse is defined as any of the following:

  • Physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident.
  • Failure to make a reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child.
  • The current use by a person of a controlled substance in a manner or to the extent that the use results in physical injury to a child.
  • Causing, expressly permitting, or encouraging a child to use a controlled substance.

Minor incidents of physical discipline that have not resulted in physical injury are considered standards compliance issues (that is, violations of DCR’s minimum standard rules in the Texas Administrative Code).

40 TAC §707.789

Health and Safety Code Chapter 481

8313 Sexual Abuse (SXAB)

SWI Policy and Procedures March 2023

Sexual abuse is defined as any of the following:

40 TAC §707.791

Texas Family Code §261.001(1)

8320 Neglect Allegations

SWI Policy and Procedures March 2023

Neglect means an act or omission by a child’s caregiver who shows blatant disregard for consequences, and the act or omission harms or creates an immediate danger to the child’s physical health or safety.

Texas Family Code §261.001(4)

Neglect is defined as a negligent act or omission for which the following is true:

  • Is committed by an employee, volunteer, or other person working under the auspices of a facility or program.
  • Causes or may cause substantial emotional harm or physical injury to, or the death of, a child served by the facility or program as further described by rule or policy.
  • May include a failure to comply with an individual treatment plan, plan of care, or individualized service plan.

Texas Family Code §261.001(4)(A)(iv)

40 TAC §707.801

DCI investigates neglect allegations of:

  • Medical neglect
  • Neglectful supervision
  • Physical neglect

8321 Medical Neglect (MDNG)

SWI Policy and Procedures October 2021

Medical neglect is defined as the failure to seek, to obtain, or to follow through with medical care for a child.

40 TAC §707.801

8322 Neglectful Supervision (NSUP)

SWI Policy and Procedures March 2023

Neglectful supervision is defined as an act or omission of any of the following: 

  • Placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child’s level of maturity, physical condition, or mental abilities, and that results in bodily injury or an immediate danger of harm to the child.
  • Placing a child in or failing to remove the child from a situation in which the child would be exposed to an immediate danger of sexual conduct harmful to the child.
  • Placing a child in or failing to remove the child from a situation in which the child would be exposed to acts or omissions that constitute abuse under Subdivision (1)(E), (F), (G), (H), or (K) committed against another child.

Texas Family Code §261.001(4)(A)(ii)(a)(d)(e)

Texas Family Code §261.001(1)(E), (F), (G), (H), or (K)

40 TAC §707.801

8323 Physical Neglect (PHNG)

SWI Policy and Procedures March 2023

Physical neglect is defined as the failure to provide a child with food, clothing, and shelter necessary to sustain the life or health of the child.

40 TAC §707.801

8330 Exploitation (EXPL)

SWI Policy and Procedures October 2021

Exploitation is defined as the illegal or improper use of a child or of the resources of a child for monetary or personal benefit, profit, or gain by an employee, volunteer, or other person working under the auspices of a facility or program, as further described by rule or policy.

40 TAC §707.799

8331 Labor (LBTR) and Sex Trafficking (SXTR) in DCI Reports

SWI Policy and Procedures March 2023

Labor trafficking is defined as any of the following:

40 TAC §707.793

In this section, “trafficked” means enticing, recruiting, harboring, transporting, enslaving, or providing to others or obtaining for oneself, a child for labor or services through force, fraud, coercion, or exploitation. It involves giving or receiving monetary or nonmonetary remuneration, including the child’s services, and a pervasive loss of freedom for the child. Labor trafficking does not require that the child actually engage in forced labor or services. The definition of labor trafficking is met as long as there is a substantial risk of the child engaging in forced labor or services.

Sex trafficking is defined as any of the following:

40 TAC §707.795

In this section, “trafficked” means enticing, luring, recruiting, harboring, transporting, enslaving, selling, or holding captive a child for sexual conduct specified in Texas Penal Code §20A.02(a)(7). It involves giving or receiving monetary or nonmonetary remuneration, including the child’s sexual services, and a pervasive loss of freedom for the child. Sex trafficking does not require force, fraud, or coercion. The definition of sex trafficking is met even if it appears that the child agrees with the conduct or does not consider herself or himself to be a victim of sex trafficking.

See 4212 Human Trafficking.

8400 DCI Priorities

SWI Policy and Procedures February 2022

Once SWI has determined that the situation meets DCI requirements for an intake, the intake specialist chooses the appropriate priority based on the information available when the intake is taken.

The intake specialist assesses a DCI intake with one of the following priorities:

  • Priority 1
  • Priority 2

8410 Priority 1 (P1)

SWI Policy and Procedures October 2021

The intake specialist assesses a priority 1 to a DCI intake that alleges either of the following:

  • A child’s death, regardless of whether there are any allegations of abuse or neglect contributing to the death of the child.
  • An immediate threat of serious physical or emotional harm or death of a child caused by abuse or neglect.

P1 intakes may also be appropriate when an alleged perpetrator continues to maintain access to children, even if the victim child has been removed from the situation.

If a child in DFPS conservatorship dies while in a licensed placement, see 4632 Death of a Child in DFPS Conservatorship.

8420 Priority 2 (P2)

SWI Policy and Procedures October 2021

The intake specialist assesses a priority 2 to a DCI intake that alleges abuse or neglect that does not meet P1 criteria.

8500 Information and Referrals (I&Rs)

SWI Policy and Procedures February 2022

The following sections describe assessing and processing I&Rs for DCR and DCI.

Any report about a day care facility that does not meet the definition of abuse, neglect, or exploitation for DCI is either an I&R DCL Standards Compliance or an I&R to Existing DCI Case. The intake specialist assigns the I&R to the appropriate routing coordinator.

See 3000 Information & Referral (I&R) Reports.

8510 I&R DCL Standards Compliance

SWI Policy and Procedures February 2022

DCR investigates reports of a home or facility that is subject to HHS DCR licensure or regulation and is allegedly failing to comply with law or minimum standard rules.

The intake specialist assesses a report about a day care operation that does not involve allegations of abuse, neglect, or exploitation as I&R DCL Standards Compliance. However, the intake specialist does not complete this I&R type simply because the facility was mentioned during the report. The I&R DCL Standards Compliance is assessed only when the report is about something that has occurred at the facility or under the supervision of the facility’s staff while away from the facility (such as during a field trip).

SWI does not assess what is or is not a standards violation. All concerns about a day care operation are sent to the program for review.

The intake specialist completes a standards compliance I&R when all of the following are true:

  • SWI receives new information.
  • The new information does not meet the criteria for a new intake.
  • If there is an open DCI case, the new information involves an incident different from the one already being investigated in the open case.

If the intake specialist completes a standards compliance I&R, it is not necessary to complete an additional I&R to the existing DCI case.

See 3160 Standards Compliance.

8520 I&R to Existing DCI Cases

SWI Policy and Procedures February 2022

When a subsequent report provides information about an open DCI case, and there are no new incidents of abuse, neglect, or exploitation that meet legal definitions, the intake specialist determines whether the information is relevant to the open stage of the existing DCI case.

The intake specialist completes an I&R to Existing Case when all of the following are true:

  • SWI receives new information.
  • The new information does not meet the criteria for a new intake.
  • The new information is relevant to the open case, or it is unclear whether the information is relevant to the open case.

If the intake specialist completes an I&R to the existing case, an additional I&R DCL Standards Compliance is not necessary.

See 3120 I&R to Existing Case.

8600 Processing DCI Intakes

SWI Policy and Procedures December 2022

This section contains only documentation details unique to DCI. For a more complete reference, see 2600 Processing.

8610 Resource Section

SWI Policy and Procedures December 2023

The intake specialist completes the Resource section when processing a DCI intake.

Licensed Child Day Care Operations

Licensed child day care centers and homes are listed in IMPACT resources. The intake specialist finds a resource by searching for the operation’s full or partial name, full or partial address, or phone number. Searching for the operation by the operation’s ZIP code is also a reliable way to determine whether it is listed in IMPACT.

Unregulated Child Day Care Operations

Only regulated operations are listed in IMPACT resources. If a day care operation is unregulated, it will not be in IMPACT resources. The intake specialist manually enters any known information in the Resource section in IMPACT:

  • Name, if unknown enter “Unknown” in the Resource Name field
  • Selects “Other Facility” as the Resource Type
  • Address
  • Phone
  • Selects “Basic Child Care” as the Facility Type

See 2640 Resource Section.

8620 Case Name

SWI Policy and Procedures December 2023

If the operation is a facility, the case name is the name of the child day care facility.

If the operation is a child care home, the case name is the name of the child care provider.

If the name of the child day care operation is unknown, the intake specialist enters “Unknown” as the resource name in the Resource Name field and selects the corresponding “Unknown” option as the case name.

8630 County

SWI Policy and Procedures October 2021

The intake specialist assigns a DCI intake to the county in which the facility is located.

8640 Law Enforcement Notification

SWI Policy and Procedures October 2021

All DCI intakes include a law enforcement notification to the law enforcement agency with jurisdiction to investigate an incident of abuse or neglect where the incident occurred. This may be a different location if the child was participating in an activity away from the operation or facility when the incident occurred.

If a report alleges any human trafficking, the intake specialist chooses both the law enforcement agency with jurisdiction and the Texas Department of Public Safety – Joint Crimes Information Center (JCIC) for notification.

8650 Assignment and Call Out

SWI Policy and Procedures October 2021

P1 and P2 intakes are auto assigned, unless the auto assign feature is not available, or the intake was called out by the intake specialist. In such cases, the intake specialist manually assigns the intake according to the instructions in the Assignment Charts.

See Assignment Charts on the DFPS intranet.

8700 DCI Program or Agency Jurisdiction Special Topics

8710 Determining Whether Child Care Provided in the Caregiver’s Home is Subject to Regulation by DCR

SWI Policy and Procedures December 2023

A caregiver is subject to regulation by Day Care Regulation (DCR) if all the following are true:

  • The care is provided in the caregiver’s home.
  • The caregiver provides care to at least one unrelated child.
  • The caregiver provides care at least four hours a day, three or more days per week, for three or more consecutive weeks, or four hours a day, for 40 or more days, in a period of 12 months.

Human Resources Code §42.002(17)

If the reporter cannot provide details about the time frame the caregiver provides care, the intake specialist assumes the caregiver is subject to regulation by DCR.

If the intake specialist can determine with certainty that the caregiver is not subject to regulation, the intake specialist does not complete a Day Care Investigations (DCI)  intake or I&R Day Care Licensing (DCL) Standards Compliance. The intake specialist assesses whether a CPI intake or an I&R Non-FPS Criminal Matter Referred to Law is appropriate.

Examples of situations that do not fall under DCR:

  • A neighbor watches a child for an hour after school each weekday (whether in the neighbor’s own home or in the child’s home).
  • A teenage babysitter watches a child one evening a week while the child’s parents are bowling (whether in the babysitter’s home or in the child’s own home).
  • A child spends the day with a family friend while the parents work.
  • A caregiver, such as a nanny, provides care for a child in the child’s own home.

See 4740 Other Unrelated Caregivers.

Caregiver Provides Care for Both Related and Unrelated Children

If a caregiver provides care to children related to the caregiver, as well as children who are unrelated to the caregiver, the intake specialist does the following:

  • Assesses whether the information involving the unrelated children meets criteria for DCR regulation and follows standard procedure for completing a DCI intake or I&R DCL Standards Compliance for the unrelated children. See 3160 Standards Compliance.
  • Assesses whether the information involving the related children meets criteria for CPI and follows standard procedure for a CPI intake, Case-Related Special Request (CRSR), or I&R for the related children. See 3121.1 When to Send an I&R to Existing CPS Case.

See:

Human Resources Code §42.002(9), (16), (17)

Human Resources Code §42.052(c) (d)

8720 A Child's Death in a DCR Operation

SWI Policy and Procedures June 2023

The intake specialist completes a priority 1 (P1) intake for any death of a child while under the care of an employee or volunteer of a DCR operation. This applies even if there is no indication that abuse, neglect, or exploitation by day care staff was a contributing factor in the death.

Examples include the following:

  • A bee stings a child on a day care field trip, and the child dies of an allergic reaction to the bee sting. (It was not previously known that the child was allergic to bee stings.)
  • A child dies in an automobile accident while riding in a day care van with staff from the facility. This applies regardless of whether the driver was a facility staff member.
  • A child dies at day care, and the death was due to a medical condition unrelated to the care provided by the day care staff.

If there are no clear allegations of abuse, neglect, or exploitation, the intake specialist does the following:

  • Chooses the allegation most applicable to the situation.
  • Does not designate an Alleged Perpetrator on the Person List.
  • Leaves the Alleged Perpetrator field on the Intake Actions page blank.

When an intake specialist completes a DCI intake about the death of a child in DFPS conservatorship, he or she also completes an I&R to Existing CPS Case and an I&R CVS Caseworker Notification.

If the child was in DFPS conservatorship at the time of death, see:

CCR Situations Involving a Child in DFPS Conservatorship (on the DFPS intranet)

3101 CVS Caseworker Notification

4561.1 Situations That Require an I&R to Existing CPS Case

4632.1 Program Jurisdiction for the Death of a Child in DFPS Conservatorship

8730 Administering Medications

SWI Policy and Procedures December 2022

The term “medication” refers to a drug that may be obtained with or without a prescription, excluding a topical ointment obtained without a prescription.

This section applies to all child day care operations and homes, regardless of whether the facility or program is licensed, registered, or listed.

A director, owner, operator, caretaker, employee, or volunteer of a child day care facility may administer a medication to a child only when all the following circumstances apply:

  • The child’s parent or guardian authorizes the facility to administer the medication.
  • The following are both true for the authorized medication:
    • It is administered as stated on the label directions or as amended in writing by a practitioner.
    • It is not expired.

If an operation employee administers any medication to a child under circumstances other than those described above, the intake specialist assesses an intake or an I&R DCL Standards Compliance. If the child suffered any serious negative effects from the medication (for example, seizures), the intake specialist assesses an intake for PHAB. If the child does not sustain any or has only minor effects (such as drowsiness), the intake specialist assesses an I&R DCL Standards Compliance.

8740 When a Victim Was At Least 14 Years Old

SWI Policy and Procedures March 2024

When a victim was at least 14 years old at the time of the incident, the intake specialist completes an I&R DCL Standards Compliance and does the following:

  • Assesses for other DFPS, CCR, or PI programs.
  • If none of DFPS, CCR, or PI has jurisdiction, completes an I&R Non-FPS Criminal Matter Referred to Law or an I&R of the most appropriate type.

When a victim was under 14 years old at the time of the incident, the intake specialist assesses the report using standard procedures.

The intake specialist designates the oldest child who is a victim as the oldest victim (OV) even if the victim is 14 years old or older at the time of the report.

8750 Reports of a Sex Offender in a DCR Setting

8751 Assessing Reports of Alleged Sex Offenders in an In-Home Day Care

SWI Policy and Procedures March 2024

The intake specialist uses the following table to determine the appropriate action, whether the in-home day care is regulated or unregulated. The intake specialist completes a report based on the following variables:

  • A child is currently or in the past was present in the day care.
  • An alleged sex offender is currently or in the past was present in the day care.
  • An outcry.

Current Sex Offender

Current Children

Past Sex Offender

Past Children

Outcry

Assessment

No

Either yes or no

Yes

Either yes or no

No

I&R DCL Standards Compliance

No

Either yes or no

Yes

Yes

Yes

DCI Intake NSUP on DC and SXAB on sex offender

Yes

No

Either yes or no

Either yes or no

No

I&R DCL Standards Compliance

Yes

Yes

Either yes or no

Either yes or no

No

DCI Intake NSUP on DC

Yes

Yes

Either yes or no

Either yes or no

Yes

DCI Intake NSUP on DC and SXAB on sex offender

8752 Assessing Reports of Alleged Sex Offenders at DCR Operations or Facilities

SWI Policy and Procedures March 2024

If an alleged sex offender is working under the auspices of an operation or facility regulated by DCR, the intake specialist does the following:

  • Completes a DCI intake.
  • Assesses the allegation of neglectful supervision.
  • Creates an unknown alleged perpetrator with the relationship of Day Care Facility/Provider (DC).
  • Creates an unknown oldest victim.

The intake specialist designates the alleged sex offender as the alleged perpetrator of sexual abuse only if one of the following applies:

  • There is a specific outcry.
  • There is specific information supporting a sexual abuse allegation toward a child in the operation or facility.

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