Licensing Policy and Procedures Handbook Revision August 2008
This revision of the Licensing Policy and Procedures Handbook was published on August 1, 2008.
Background Checks
DFPS Licensing Rules in Chapter 745 were adopted on June 1, 2008, to reflect statutory changes in Senate Bill (S.B.) 758, as enacted by the 80th Legislature (2007). S.B. 758 amends Human Resources Code §42.056 (Required Background and Criminal History Checks; Criminal Penalties) to reflect the federal Adam Walsh Child Protection and Safety Act of 2006 (the Adam Walsh Act).
The changes to S.B. 758 include:
· checking the criminal histories of child care workers against the databases of the Department of Public Safety (DPS) and Federal Bureau of Investigation (FBI).;
· conducting nationwide central registry checks on certain foster and adoptive parents, as required by the Adam Walsh Act;
· expanding the list of criminal convictions that may be used to prevent a person from having access to children in care;
· clarifying terminology and amending certain procedures on conducting background checks and risk evaluations; and
· adding child-placing agencies to the types of child-care operations that are exempt from the payment of an amended license fee.
The following handbook items are revised to reflect these changes:
3311 Application for a Licensed Child Day Care Operation
3312 Application for a License to Operate a Residential Child-Care Operation
3315.1 Evaluating Director Qualifications for Licensed Child Day Care Centers
3320 Activities Before Issuing a License or Certificate
3321 Evaluating Before Issuing an Initial or Non-Expiring License or Certificate
7750 Civil and Criminal Penalties
Educational Exemptions
DFPS Licensing Rule §745.119 was adopted on June 1, 2008, to reflect statutory changes in House Bill (H.B.) 1385, as enacted by the 80th Legislature (2007). House Bill (H.B.) 1385 adds §42.041 to the Human Resources Code (Required License or Accreditation).
The changes:
· revise an educational exemption related to the Texas Private School Accreditation Commission to apply only in a county with a population of less than 25,000;
· revise an educational exemption to reduce the age restriction for children from 5 years old to 4 years old; and
· add preschool to the list of grades offered at the school.
The following handbook items are revised to reflect these changes:
2430 Educational Programs Exempted From Licensure and Certification
Appendix 2000-1: Organizations Whose Members May Qualify for Exemption
Food Distribution Program
DFPS adopted amendments to DFPS Rule §745.129 on March 1, 2008, to reflect statutory changes in House Bill (H.B.) 1786, as enacted by the 80th Legislature. H.B. 1786 amends Human Resources Code §42.041 (Required License or Accreditation).
This change exempts from regulation programs that operate a food distribution program. See:
2440 Miscellaneous Programs Exempted From Licensure and Certification
License Application
DFPS adopted amendments to DFPS Rule §745.435 on March 1, 2008, to reflect statutory changes that passed during the 80th Legislative Session (2007), S.B. 758, Sec.35, which amended Human Resources Code §42.048.
This change requires that a change in location for a child-placing agency (CPA) no longer automatically revokes the permit. A CPA that relocates is processed as an amendment to the permit. The revisions include a time frame for a CPA to notify Licensing of its plan to relocate its operation.
The following handbook items are revised to reflect these changes:
3310 License Application
3316 License Requirements
3324 Conducting Inspections During the Application Phase for a License or Certificate
3810 Changes Affecting a License, Certificate, or Registration Permit
3920 Change of an Operation’s Location
7630 Adverse Action Procedures
Definition of a Non-Expiring Permit
Cross References
The following items contain cross-references that have been updated to reflect revised items. No significant changes were made in these items:
2110 Conducting the Application Interview
5310 Conducting DFPS Central Registry Searches
5330 Conducting Criminal History Checks
The heading of this item has been revised. No other changes were made to the item:
4430 Documenting the Results of an Inspection
These items contain cross references to 4430 Documenting the Results of an Inspection. The cross references have been updated to reflect the revised heading:
3324 Conducting Inspections During the Application Phase for a License or Certificate
3530 Conducting Inspections During the Application Phase for a Registration Permit
4420 Conducting the Inspection
4440 Discussing Deficiencies with Person in Charge
4700 Making Inspections Required by Special Circumstances
5100 Waivers and Variances
5120 Setting and Monitoring Conditions for the Waiver or Variance
The heading of this item has been revised. No other changes were made to the item:
5340 Acting on a Report That Indicates a Criminal Record
These items contain cross references to 5340 Acting on a Report That Indicates a Indicating Criminal Record. The cross references have been updated to reflect the revised heading:
3321 Evaluating Before Issuing an Initial or Non-Expiring License or Certificate
3332 Setting Special Conditions on the License or Certificate
3520 Evaluating for Issuance of a Registration Permit
3541 Setting Special Conditions on the Registration Permit
3620 Evaluating for Issuance of a Listing Permit
4700 Making Inspections Required by Special Circumstances
5330 Conducting Criminal History Checks
5350 Opportunity to Request Risk Evaluation of Past Criminal History and/or Past Findings of Child Abuse and/or Neglect