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Definitions of Terms

CCI September 2021

Abuse

CCI Definition September 2021

As defined in Texas Family Code §261.001(1), with further description of varying types of abuse in the following sections of the Texas Administrative Code (TAC):

40 TAC §707.787

40 TAC §707.789

40 TAC §707.791

40 TAC §707.797

Administrative Review of Investigation Findings

CCI Definition September 2021

An informal evaluation conducted by Complex Investigations Division staff to determine whether a Reason to Believe disposition was appropriate, according to applicable statutes, administrative rules, and policy. See 40 TAC §§707.815-707.831.

Administrator

CCI Definition September 2021

See child care administrator.

After School Hours

CCI Definition September 2021

The hours before or after the customary school day.

Alleged Perpetrator

CCI Definition September 2021

A person who meets both of the following criteria:

  • The person works under the supervision of a child care facility subject to regulation under Human Resources Code Chapter 42 as defined in TFC §261.001(5)(F).
  • The person is suspected of being responsible for the alleged abuse, neglect, or exploitation of a child in care.

See 40 TAC §707.783.

Alleged Victim

CCI Definition September 2021

A child who meets both of the following criteria:

  • The child is in the care of a child care facility that is subject to regulation under Human Resources Code Chapter 42.
  • The child is suspected of being a victim of abuse, neglect, or exploitation as defined in TFC §261.001.

ARIF

CCI Definition September 2021

See Administrative Review of Investigation Findings.

Caregiver

CCI Definition September 2021

A person whose duties include the supervision, guidance, and protection of a child or children. See 40 TAC §707.703(a)(2).

Central Registry

CCI Definition September 2021

A database of people who have been found by DFPS’s Child Protective Investigations program, including Child Care Investigations, or Health and Human Services Provider Investigations program to have abused or neglected a child. Searches are done through IMPACT to determine whether a person is included in the central registry. See 40 TAC §702.251–702.257.

Child

CCI Definition September 2021

A person under 18 years old. See Human Resources Code §42.002(1).

Child Care Administrator

CCI Definition September 2021

A person who meets all of the following criteria:

  • Licensed by HHS Child Care Regulation.
  • Supervises and exercises direct control over a residential child care operation.
  • Responsible for the operation’s program and personnel, regardless of whether he or she has an ownership interest in the operation or shares duties with anyone.

Child Care Center

CCI Definition September 2021

A child day care operation that is licensed by HHS Child Care Regulation (CCR) to care for seven or more children for less than 24 hours per day, at a location other than the permit holder’s home, except as otherwise provided by CCR minimum standards.

Child Care Home

CCI Definition September 2021

See registered child-care home and licensed child care home.

Child Care Facility

CCI Definition September 2021

An establishment that meets both of the following criteria:

  • Subject to regulation by HHS Child Care Regulation.
  • Provides any of the following for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility for all or part of the 24-hour day, whether or not the establishment operates for profit or charges for its services:
    • Assessment
    • Care
    • Training
    • Education
    • Custody
    • Treatment
    • Supervision

A child care facility includes the people, administration, governing body, activities on or off the premises, operations, buildings, grounds, equipment, furnishings, and materials. A child care facility does not include child placing agencies or listed family homes. See Texas Human Resources Code §42.002(3) .

Child Care Regulation (CCR or Licensing)

CCI Definition September 2021

The division within Texas HHS that does the following:

  • Regulates child day care and residential child care operations and other child care activities.
  • Licenses child care administrators and child placing agency administrators.

Child in Care

CCI Definition September 2021

A child who is being cared for in a child care facility subject to regulation by HHS Child Care Regulation. This includes, but is not limited to, children in DFPS conservatorship.

Child in DFPS Conservatorship

CCI Definition September 2021

A child for whom DFPS has been named the legal managing conservator. Also referred to as child in DFPS care.

Child Placing Agency (CPA)

CCI Definition September 2021

A person or organization, other than the child’s parents, who plans for the placement of or places a child in a child care operation or adoptive home. A CPA is a residential child care operation licensed by HHS Child Care Regulation. See Human Resources Code §42.002(12).

Child Placing Agency Administrator

CCI Definition September 2021

A person who meets the following criteria:

  • Supervises and exercises direct control over a child placing agency (CPA).
  • Is responsible for the CPA’s program and personnel, regardless of whether he or she has an ownership interest in the CPA or shares duties with anyone.

Child Sexual Aggression

CCI Definition September 2021

Sexual behavior in which a child takes advantage of another person in a sexual way through seduction, coercion, or force in accordance with the following definitions:

  • Seduction is defined as the use of charm, manipulation, promises, gifts, or flattery to induce a person to engage in sexual behavior.
  • Coercion is defined as the exploitation of authority or the use of bribes, threats of force, or intimidation to gain cooperation or compliance.
  • Force is defined as the threat or use of physical or emotional harm toward a person or someone or something a person cares about.

CLASS

CCI Definition September 2021

The Child Care Licensing Automation Support System (CLASS) is a computer application managed by Health and Human Services (HHS) Child Care Regulation (CCR) for recording licensing actions and compliance history for child care operations regulated in Texas.

Critical Injury

CCI Definition September 2021

See near fatal injury.

Designated Perpetrator

CCI Definition September 2021

A person who meets the following criteria:

  • DFPS found that the person abused, neglected, or exploited a child.
  • The person is listed in the DFPS Central Registry.
  • The person has not exhausted his or her right to a due process hearing.

See 40 TAC §707.703(a)(8) and Texas Family Code §261.001.

Determination of Immediate Threat

CCI Definition September 2021

A determination made by Texas Health and Human Services Child Care Regulation that a person’s presence constitutes an immediate threat or danger to the health, safety, or well-being of children in the care of a child care operation.

Director

CCI Definition September 2021

The adult designated to have the daily on-site responsibility for the operation of the licensed child care center.

Discipline

CCI Definition September 2021

A form of guidance that is constructive or educational in nature and appropriate to the child’s age, development, situation, and severity of behavior.

Disposition

CCI Definition September 2021

See finding.

DPS Name-Based Background Check

CCI Definition September 2021

A name-based search of the Texas Department of Public Safety (DPS) database of crimes committed in Texas. Results consist of arrests and outcomes, including convictions and cases with unknown dispositions.

Due Process Hearing

CCI Definition September 2021

A formal legal proceeding that provides a designated perpetrator the right to challenge CCI’s finding of abuse, neglect, or exploitation in an impartial setting before an administrative law judge from the State Office of Administrative Hearings (SOAH). Also referred to as a release hearing.See 40 TAC §707.841-707.859.

Emergency Behavior Intervention

CCI Definition September 2021

Interventions used in an emergency situation, including personal restraints, mechanical restraints, emergency medication, and seclusion.

Emergency Release

CCI Definition September 2021

During the course of a CCI investigation, CCI may consult with Texas Health and Human Services regarding concerns that a person’s presence at an operation poses an unmitigated and immediate threat or danger to the health, safety, or well-being of children in the care of a child care operation. See determination of immediate threat.

Exempt from Regulation

CCI Definition September 2021

Certain facilities or programs that can operate legally without receiving a permit from Texas Health and Human Services Child Care Regulation, as specified by HRC §42.041(b).

Exploitation

CCI Definition September 2021

As defined in Texas Family Code §261.001(3) and 40 TAC §707.799.

Finding

CCI Definition September 2021

The results of an investigation indicating whether a preponderance of the evidence indicates, does not indicate, or is unable to indicate that a child or children were abused, neglected, or exploited while in the care of a child care operation.

Foster Home (CPA)

CCI Definition September 2021

A home that meets the following criteria:

  • It is verified (monitored and regulated) by a child placing agency.
  • It is the primary residence of the foster parents.
  • It provides care for six or fewer children or young adults for 24 hours a day.

See Texas Human Resources Code §42.002(6).

Foster Home (Independent)

CCI Definition September 2021

A licensed operation that provides residential child care for six or fewer children up to 18 years old. An independent foster home is not affiliated with a child placing agency but is monitored and regulated directly by HHS Child Care Regulation.

General Residential Operation

CCI Definition September 2021

A child care facility that provides care for more than seven children for 24 hours a day, including facilities known as children’s homes, halfway houses, residential treatment centers, emergency shelters, and therapeutic camps. See Texas Human Resources Code §42.002(4).

Genuine Threat

CCI Definition September 2021

A verbal or behavioral expression of intent that appears true, likely, or believable and presents a substantial risk. Genuine threats include, but are not limited to, threats of choking, suffocating, or shaking a child, or hitting a child on the head. See 40 TAC §707.789(b)(2).

Governing Body

CCI Definition September 2021

The entity with ultimate authority and responsibility for the child care operation.

Governing Body Designee

CCI Definition September 2021

The person who is both of the following:

  • Named on an application as the designated representative of a governing body.
  • Officially authorized by the governing body to speak for and act on its behalf in a specified capacity.

Household Member

CCI Definition September 2021

A person, other than the caregiver, who resides in an operation.

Illegally Operating Child Care Facility

CCI Definition September 2021

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.

IMPACT

CCI Definition September 2021

Information Management Protecting Adults and Children in Texas (IMPACT) is the electronic case management system which consists of DFPS case records.

Licensed Child Care Home

CCI Definition September 2021

A child day care operation that is licensed. The primary caregiver provides care in the caregiver’s own residence for children from birth through 13 years old. 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.

Listed Family Home

CCI Definition September 2021

A child day care operation that receives a listing permit. The caregiver is at least 18 years old and provides care for compensation in the caregiver’s own home for three or fewer children unrelated to the caregiver from birth through 13 years old. 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, must not exceed 12.

Minimum Standards

CCI Definition September 2021

The minimum requirements for child care operations, enforced by HHS Child Care Regulation to protect the health, safety, and well-being of children.

Multiple Referral Investigation

CCI Definition September 2021

An investigation involving an operation that has had a high frequency of investigations in the recent past.

Near Fatal Injury

CCI Definition September 2021

Near fatal injuries are a subset of serious injuries in which the child would likely have died as a result of the injury or medical condition if the child did not get medical attention. In most circumstances, medical intervention includes admittance to an intensive care unit. Previously known as critical injury.

Neglect

CCI Definition September 2021

As defined in TFC §261.001(4), with further explanation provided in 40 TAC §707.801.

Operation

CCI Definition September 2021

A program that may be subject to regulation by HHS Child Care Regulation. 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 includes a child care facility, child placing agency, or listed family home. See 40 TAC §707.703(a)(7).

Parent

CCI Definition September 2021

A person who has legal responsibility for or legal custody of a child, including the managing conservator or legal guardian. See 40 TAC §707.703(a)(11).

Preponderance of Evidence

CCI Definition September 2021

A standard of evidence used in due process hearings and some civil hearings in which the facts sought to be proved are more probable than not. Sometimes this is referred to as the 51 percent standard. This is the standard of evidence used to confirm the finding of a CCI investigation and in due process hearings.

Primary Medical Needs

CCI Definition September 2021

The needs of children who require the use of sterile techniques or specialized procedures to promote healing, prevent infection, prevent cross-infection or contamination, or prevent tissue breakdown.

Provider

CCI Definition September 2021

A person or entity operating an operation subject to regulation.

Registered Child Care Home

CCI Definition September 2021

A child day care operation regulated by HHS Child Care Regulation. The caregiver provides care in the caregiver’s own residence for no more than six children from birth through 13 years old and may provide care after school hours for no more than six additional elementary school children. The 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 who are related to the caregiver.

Reporter

CCI Definition September 2021

The person who makes a report to DFPS. Texas law requires anyone who suspects a child is being abused, neglected, or exploited to report it to DFPS. See Texas Family Code §261.101.

Report

CCI Definition September 2021

A statement that alleged or suspected abuse, neglect, or exploitation of a child has occurred or may occur. For the purposes of Child Care Investigations, reports refer to children in the care of a child care facility subject to regulation under Human Resources Code Chapter 42. See Texas Family Code §261.001(6) and 40 TAC §707.703(a)(10).

Residential Child Care

CCI Definition September 2021

The care, custody, supervision, assessment, training, education, or treatment of an unrelated child or children up to 18 years old for 24 hours a day that occurs in a place other than the child’s own home. Residential child care also includes child placing agencies.

Residential Treatment Center (RTC)

CCI Definition September 2021

An operation that exclusively provides care and treatment services for emotional disorders for children up to 18 years old.

Serious Injury

CCI Definition September 2021

Any physical injury to a child that requires medical treatment and resulted or may result in impairment to the child’s overall health or well-being. This includes near fatal injuries, but does not include any of the following:

  • Injuries for which a child is evaluated by a professional as a precaution.
  • Injuries for which first aid is administered at the operation, but no further treatment by a medical professional is warranted.
  • Medical events due to routine, ongoing medical issues, such as asthma or seizures.

Service Plan

CCI Definition September 2021

A plan that identifies a child’s basic and specific needs and how those needs will be met.

Subject to Regulation

CCI Definition September 2021

An operation that provides or desires to provide child care and is required under the Texas Human Resources Code to obtain a permit.

Substantial Harm

CCI Definition September 2021

Bodily harm or an observable impairment in a child’s psychological growth, development, or functioning that is significant enough to require treatment by a medical or mental health professional.

Sustained Finding

CCI Definition September 2021

A finding of Reason to Believe that was upheld by an administrative law judge from the State Office of Administrative Hearings (SOAH) or through the perpetrator’s defaulting on the opportunity for a due process hearing.

Sustained Perpetrator

CCI Definition September 2021

A person who meets all of the following criteria:

  • The person is listed in the DFPS Central Registry for a finding of abuse, neglect, or exploitation of a child.
  • The person was offered his or her rights to an administrative review and due process hearing.
  • The rights to the review and hearing have expired or the abuse or neglect finding was upheld in the due process hearing.

See 40 TAC §707.857(c)(1).

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