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Minimum Standards Review Process and Proceedings

Texas statute (Human Resource Code 42.042) requires that Child Care Licensing (CCL) conduct a comprehensive review of all rules and standards at least every six years. The last review of the Day Care Licensing standards occurred in 2003, so an all-inclusive review was initiated in 2009. Because the most recent review of the 24-hour Residential Child Care Licensing standards occurred in 2007, the 24-hour Residential Child Care Licensing standards are not currently undergoing a comprehensive review. Rather, proposed revisions to these rules seek to clarify requirements and address areas where existing standards are failing to produce the intended outcome. Both the Day Care and 24-hour Residential minimum standards are also being amended to include changes necessitated by legislation enacted during the 81st Legislative Session.

Minimum Standards Review Process:

The process for revising the minimum standards is a cumulative effort that takes into consideration input from a variety of stakeholders including parents, child care providers, child welfare advocates, Child Care Licensing staff, and the Committee on Licensing Standards. CCL's primary mission in the rule development process is to develop standards that promote child health, safety, and well-being. However, CCL is also committed to ensuring that child care providers are able to reasonably comply with the minimum standards without an undue financial burden.

  • As part of the review process, several avenues have been utilized to gather public feedback regarding the minimum standards:
  • Web-based provider surveys were open for comments for both Day Care & 24-hour Residential Care in Summer 2009.
  • Committee on Licensing Standards public hearing was held on September 9, 2009.
  • 40 Day Care and three(3) 24-hour Residential public stakeholder meetings were held across the state in Fall 2009 to hear feedback and gather comments regarding the minimum standards. 
  • A cost impact analysis survey was made available to Licensed Child-Care Centers in January 2010 in order to gather information regarding the potential financial impact of proposed changes to the standards.

DFPS Council Meetings - Licensing proposes rule changes to the Council at its quarterly meetings based on stakeholder suggestions and legislative requirements. The Council meetings are also open to public testimony regarding proposed rule changes. At the Council's recommendation and upon approval of the HHSC Executive Commissioner, DFPS publishes the rules in the Texas Register for formal public comment. CCL then considers the comments received, makes any necessary changes, and proposes the rules for adoption.

Major rule changes adopted in January 2010 and Effective March 2010:

Day Care Licensing:

• Increased transportation safety training requirements (Senate Bill 572)
• Added standards regarding Gang-Free Zones (House Bill 1012)
• Added standards regarding Unsafe Children's Products (Senate Bill 95)


24-Hour Residential Child Care Licensing:

• Increased transportation safety training requirements (Senate Bill 572)

Upcoming DFPS Council Meetings in 2010 are scheduled for:

  • April 20, 2010
  • July 16, 2010
  • October 15, 2010

Rules proposed at the April 20th Council meeting will likely be published in the Texas Register and available for public comment in late spring/early summer. During this time, comments will be received via public testimony at the Council meetings, online submission, email, and standard mail. Notification of the comment period will be disseminated to providers via standard mail postcards, email, and on the DFPS web site.

Major rule changes expected to be proposed at the April 20th Council meeting:

Day Care Licensing:

  • Addition of Chapter 743, Minimum Standard Rules for Shelter Care
  • Addition of Chapter 744, Minimum Standard Rules for School-Age and Before or After-School Programs (Senate Bill 68)
  • Amend ratios for children ages two, three, five and older
  • Amend group size requirements for children ages birth through 17 months and for two and three-year-olds in licensed child-care centers
  • Align the ratio and group sizes for licensed child-care homes with those for registered child-care homes
  • Increase the minimum required depth of loose-fill surfacing material from six to nine inches
  • Clarify director presence requirements by specifying a minimum amount of time that a director must be present during operating hours in order to be considered "routinely present"
  • Amend transportation rules regarding child safety seats, as required by the passage of Senate Bill 61 from the 81st Legislative Session.
  • Adjust activity and nutrition requirements to support obesity prevention
  • Revise outdoor safety and equipment requirements to include indoor active play space and equipment

24-Hour Residential Child Care Licensing:

  • Modify annual financial audit requirement
  • Clarify child/caregiver ratio requirements
  • Add information related to unsupervised activities for children
  • Revise service planning requirements (House Bill 1912)
  • For Child-Placing Agencies (CPAs), modify the rule requiring a separate license for each DFPS region
  • For Child-Placing Agencies and Independent Foster Homes, add foster parent rights (House Bill 3137)
  • Regarding Child-Placing Agencies (CPAs), allowing trampolines at Foster Homes provided that specific safety and supervision requirements are met

How to Comment on Proposed Standards:

In addition to public testimony heard at the Council meeting, written comments will be accepted via online submission, email, and standard mail.

Official Comment Periods for 2010

May 21st - June 21st:

Day Care:

  • Chapter 744 - School-Age and Before or After-School Programs
  • Chapter 745 - Administrative Rules for Licensing

24-hour Residential Care:

  • Chapter 748 - General Residential Operations & Residential Treatment Centers
  • Chapter 749 - Child-Placing Agencies
  • Chapter 750 - Independent Foster Homes
  • Chapter 720 - Administrative Rules for 24-Hour Care Licensing
  • Chapter 745 - Administrative Rules for Licensing

June 11th - July 12th:

Day Care:

  • Chapter 746 - Child-Care Centers
  • Chapter 747 - Child-Care Homes