<<Previous Page

Next Page>>

3400 Issuance of a Permit

3410 When to Issue a Permit

LPPH September 2015

Policy

The inspector must determine whether the applicant operation meets the applicable rules and statutes:

  •  within 30 days after accepting an application for a compliance certificate; or

  •  within two months (see the definition of date-to-date in Definitions of Terms) after accepting an application for a license, certificate, registration, or listing.

The inspector either:

  •  signs and mails the license, certificate, compliance certificate, registration, or listing permit; or

  •  mails a letter notifying the applicant of the intent to deny the permit.

See:

3310 Evaluating Before Issuing a Permit

5212 Requesting and Processing Application and Initial Fees

Texas Human Resources Code §§42.046; 42.153; 42.203

DFPS Rules, 40 TAC §§745.321; 745.345

3411 Good Cause to Exceed the Time Frame

LPPH September 2015

Policy

Licensing may have good cause to exceed its time frame for processing an application when:

  •  there are at least 15% more applications being processed than in the same quarter of the previous year;

  •  the delay is caused by another public or private entity that must be relied on to process all or part of the applications received;

  •  the operation is the subject of a pending investigation; or

  •  other conditions exist that give good cause for exceeding the time frames.

DFPS Rules, 40 TAC §745.327

3412 Criteria for Issuing an Initial License

LPPH September 2015

Procedure

The inspector issues an initial license to an applicant operation upon determining that the operation is in compliance with statutes, administrative rules, and minimum standards, the operation has paid all required fees, and one of the following situations exists:

  •  The operation is not currently providing care, but meets the appropriate minimum standards except those with which compliance cannot be determined in the absence of children.

  •  The operation has relocated and has made changes in the type of child care services it provides. A child-placing agency that changes location is not required to submit an application for a new permit.

  •  The operation has changed ownership, which has resulted in changes to policy and procedure or direct care staff (see 3930 Change in Ownership).

  •  The operation is providing care and is not currently licensed.

  •  The licensed operation has a permit and applies for an additional permit to offer a new type of child care. An initial permit is issued for the new type of child care.

Texas Human Resources Code §42.051

DFPS Rules, 40 TAC §745.345

3413 Criteria for Issuing a Compliance Certificate, Registration, or Listing

LPPH September 2015

Procedure

The inspector issues a compliance certificate, registration, or listing when the operation:

  •  has met statutes, administrative rules, and all appropriate minimum standards, as applicable; and

  •  has paid all required fees.

3420 How to Prepare the Permit

3421 How to Prepare an Initial License

LPPH September 2015

Policy

The inspector issues the initial license with restrictions.

The effective date of the initial license is the date it is prepared and signed by the inspector. The initial permit is valid for six months.

Texas Human Resources Code §42.048(b)

Procedure

If the operation will be licensed with an initial license, the inspector informs the applicant by including the following statement in the written notices:

If all requirements are met during the initial licensing period, you will be issued a full permit. The initial license permit is valid for six months and may be renewed for an additional six months only.

Texas Human Resources Code §§42.046; 42.051; 42.048

DFPS Rules, 40 TAC §745.241

3421.1 Child Day Care

LPPH September 2015

Procedure

Form 2910 Child Day Care Licensing Application

The inspector records the following restrictions on Form 2910 Child Day Care Licensing Application:

  •  capacity:

  •  for licensed child care centers, the capacity for infants through age 17 months and capacity for children age 18 months and older;

  •  for licensed child care homes, the total capacity;

  •  exact hours, days and months of operation;

  •  children’s ages; and

  •  any conditions.

Statute provides for the issuance of a permit to care for children under age 14. If an operation also provides care for children ages 14 through 17, the inspector records this information on the application.

When the permit is issued, the inspector signs and dates Form 2910 Child Day Care Licensing Application, and records applicable information in CLASS.

Form 2830 Child Day-Care Permit

The inspector prepares the permit using CLASS Form 2830 Child Day Care Permit, and issues the permit with the following restrictions:

  •  total capacity; and

  •  age categories of children (infants, toddlers, pre-kindergarten, and school age)

Ages 5 through 17 are included as school age.

Form 2803 Child Care Issuance Letter

The inspector mails the permit to the permit holder with CLASS Form 2803 Child Care Issuance Letter, showing the specific conditions noted on Form 2910 Child Day Care Licensing Application.

Texas Human Resources Code §42.048(b)

DFPS Rules, 40 TAC §745.345

3421.2 Residential Child Care

LPPH September 2015

Procedure

Form 2907 Residential Child Care Permit

The inspector prepares the permit using CLASS Form 2907 Residential Child Care Permit, and issues the permit with the following restrictions:

  •  capacity (except for a CPA);

  •  gender and ages of children; and

  •  types of services offered by the operation, as shown in 3421.21 Types of Services Included as Restrictions.

The child-placing agency’s license must include a statement on the first page of the license that indicates the number of branch offices. The name and address of each branch office is noted on page two of the permit.

Texas Human Resources Code §42.048

DFPS Rules, 40 TAC §§748.63, 749.63; 749.303; 749.1101; 750.61

Form 2803 Child Care Issuance Letter

The inspector mails the permit to the permit holder with CLASS Form 2803 Child Care Issuance Letter, showing the specific conditions noted on Form 2960 Application for a License to Operate a Residential Child Care Facility or Child-Placing Agency, then records applicable information in CLASS.

3421.21 Types of Services Included as Restrictions

LPPH September 2015

Procedure

The inspector may document on the license that the operation may care for children up to 18 years of age.

DFPS Rules, 40 TAC §§748.1931; 749.1103; 749.1105; 749.2651; 750.501

The inspector must select the applicable care type and services from the following sections on the Residential Care Main Operation page in CLASS:

  •  Care Type

  •  Child Care Services Provided (not optional)

  •  Programmatic Services Provided

  •  Treatment Services Provided

  •  Child Placing Services (CPA only)

Only GROs that offer emergency care services may provide respite child care services.

DFPS Rules, 40 TAC §§748.75; 748.4261(b)

3422 How to Prepare a Compliance Certificate

LPPH September 2015

Policy

The inspector issues the compliance certificate with restrictions. The effective date of the permit is the date it is prepared and signed.

Texas Human Resources Code §§42.153, 42.203

DFPS Rules, 40 TAC §745.321

Procedure

Form 2841 Small Employer Based Child Care or Temporary Shelter Child Care Facility Application

The inspector records the following restrictions in CLASS and on Form 2841 Small Employer Based Child Care or Temporary Shelter Child Care Facility Application:

  •  exact hours, days, and months of operation; and

  •  any conditions.

When the permit is issued the inspector signs and dates Form 2841 and records applicable information in CLASS.

Form 2845 SEBCC or Form 2846 TSP Certificate

The inspector prepares the permit using CLASS Form 2845 SEBCC Certificate, and issues the permit with the following restrictions:

  •  the total capacity (no more than 12 for small-employer based operations and at least 7 for temporary shelter child care operations); and

  •  all age categories of children (infants, toddlers, pre-kindergarten, and school age).

Form 2843 SEBCC Issuance Letter or Form 2843a TSP Issuance Letter

The inspector mails the permit to the permit holder with Form 2843 SEBCC Issuance or Form 2843a TSP Issuance Letter, showing the specific conditions noted on the application and in CLASS.

Texas Human Resources Code §§42.151; 42.201

3423 How to Prepare a Registration and Listing

LPPH December 2015

Policy

The effective date of the registration or listing permit is the date the permit is signed by the inspector.

The inspector issues a registration or listing in both English and Spanish if the most recent federal census shows that more than one-half of the population is of Hispanic origin or Spanish-speaking in:

  •  a municipality; or

  •  a commissioner’s precinct in a county.

See the U.S. Census website for more information.

Texas Human Resources Code §42.052

Procedure

For a registration, the inspector:

  •  prepares the registration permit using CLASS Form 2834 Registered Child-Care Home Permit; and

  •  mails the permit to the permit holder with CLASS Form 2834a Child Care Home Issuance Letter.

For a listing, the inspector:

  •  prepares CLASS Form 2871 LH Issuance Letter; and

  •  mails the issuance letter to the listed family home with the technical assistance document Checking the Sex Offender Registry to Keep Children Safe.

DFPS Rules, 40 TAC §745.341

3424 Applying Additional Types of Conditions or Restrictions

LPPH September 2015

Policy

After obtaining supervisory approval, the inspector may set additional conditions or restrictions if circumstances warrant based on

  •  risk to children, including an unsustained Central Registry finding; or

  •  failure to comply with minimum standards.

The permit may be denied or revoked if conditions are not met.

3424.1 Results of Background Checks

LPPH September 2015

Procedure

The inspector may impose conditions because of information obtained through a Central Registry or criminal history check. However, conditions are not acceptable measures to limit the presence of a person who resides in an operation if he or she is:

  •  a permit holder; or

  •  a person who must not be present in an operation while children are in care.

See:

5331 Acting on Abuse and Neglect Findings in a DFPS Central Registry Report

5350 Acting on the Results of a Criminal History Check

3424.2 Deficiencies That Require Limits on Certain Activities

LPPH September 2015

Procedure

The inspector may impose conditions to limit certain activities such as providing infant care or providing transportation because of previous deficiency with applicable minimum standards.

Examples of Special Conditions

Condition: Children under six years old are restricted to the first floor.

Condition: The permit holder’s spouse must not transport children in care.

The inspector adds a more complete explanation to the issuance letter if needed.

3424.3 Fire and Sanitation Reports and Other Local Ordinances

LPPH September 2015

Procedure

The inspector is not responsible for enforcing local rules and ordinances unless those rules or ordinances relate to:

  •  the operation receiving approved fire and health inspections; or

  •  other requirements in the minimum standards relating to health and safety.

The inspector takes into consideration the following when setting the capacity on a permit:

  •  an inspection report (fire or sanitation) prohibits the use of certain levels of the operation for all or for certain age groups or prohibits the use of certain space; or

  •  a Certificate of Occupancy related to a fire, health, or building restriction sets a capacity lower than licensing standards would normally allow.

See 3313.6 Confirming Fire and Health Inspections (Except for Listed Homes)

3424.4 Special Services for Residential Operations

LPPH September 2015

Procedure

If a type of service offered by an operation is not listed as a restriction on the permit and is a service included in the applicable minimum standards, the inspector adds it as a condition to the permit.

Special services include:

  •  ICPC (Interstate Compact on the Placement of Children)

  •  Young Adult Care

  •  International Adoptions

  •  Physically Challenged

  •  Human Trafficking

If more than one type of programmatic service is offered in addition to therapeutic camp services at a GRO, add it as a condition to the permit to reflect the appropriate age range for that program.

A child-placing agency or independent foster home that requests to provide emergency services must have that service included as a condition on the permit.

DFPS Rules, 40 TAC §§745.4201, 748.4403

3424.41 Emergency Services for Child-Placing Agencies and Independent Homes

LPPH September 2015

Procedure

A child-placing agency or independent foster home that requests to provide emergency services must have that service included as a condition on the permit.

The inspector also follows these procedures for a child-placing agency (CPA) or independent foster home that wants to accept a child for placement from law enforcement:

  •  Before accepting a child from a law enforcement officer, the operation must ask the inspector for authorization by submitting Form 2961 Request to Accept Children From Law Enforcement.

  •  After receiving the request, the inspector must:

  •  review the operation’s compliance history to ensure the operation is not on corrective action or under any adverse action;

  •  review the operation’s emergency admissions policy to determine if it is equipped to accept this type of emergency admission; and

  •  add that condition to the permit if the inspector determines that the operation should be authorized to accept this type of emergency admission.

DFPS Rules, 40 TAC §§745.4201- 745.4205; 749.1181-749.1189; 750.501(3)

3424.5 Temporary Conditions

LPPH September 2015

Policy

A temporary condition may be set for deficiencies with minimum standard rules that do not pose a risk to children if compliance will be achieved within three months.

3425 Amend the Permit When Necessary

LPPH September 2015

Procedure

Adding conditions may require amending a current permit. See 3810 Circumstances That May Require Amending the Permit.

3430 Recommending Denial of a Permit

LPPH September 2015

Procedure

The inspector does not issue a permit if the operation:

  •  does not comply with administrative rules, minimum standards, or the law; or

  •  the applicant knowingly and willfully provides false information during the application process.

Texas Human Resources Code §§42.052; 42.072; 42.163; 42.210

DFPS Rules, 40 §745.8605(1)

If recommending denial, the inspector submits the documentation to the supervisor.

If the supervisor and district director or manager concurs with the recommendation, the inspector consults with a Licensing attorney before denying the permit.

See 7600 Adverse Actions.

3500 Steps to Take After Issuing the Initial License

3510 Evaluating During the Initial License Period

LPPH September 2015

Policy

The initial license period allows an operation to demonstrate understanding of minimum standards and ensure a safe environment for children with minimal monitoring by Licensing.

The inspector provides technical assistance during this time to help the provider develop the knowledge needed to maintain compliance.

If an operation’s deficiencies result in the inspector making a determination that the operation poses a risk to the health and safety of children, Licensing denies the non-expiring license.

Texas Human Resources Code §§42.047; 42.048; 42.072

DFPS Rules, 40 TAC §§745.343; 745.347; 745.8605; 745.8607

See also:

3511 Conducting Inspections During the Initial License Period

3520 Renewing an Initial License

3531 Time Frame for Issuing a Non-Expiring License

4154 Technical Assistance

7600 Adverse Actions

3511 Conducting Inspections During the Initial License Period

LPPH September 2015

Policy

In order to determine whether law, administrative rules, and minimum standards are met on a continuing basis, the inspector conducts inspections while children are in care.

3511.1 Frequency of Inspections

LPPH September 2015

Policy

The inspector conducts at least three unannounced inspections while children are in care to determine whether law, administrative rules, and minimum standards are met on a continuing basis.

The inspector obtains supervisory approval before making an announced inspection.

DFPS Rules, 40 TAC §745.351

Procedure

The inspector inspects the operation within two months after issuance of the initial license, if it is operating. The final (usually third) inspection must be made at least 14 days before expiration of the permit.

The inspector reevaluates compliance with all applicable law, administrative rules, and minimum standards during the initial period, and does the following:

  •  plans and conducts the inspections according to the information in 4140 Preparing for Inspections and 4150 Conducting Inspections;

  •  discusses the results of the inspection and any deficiencies with the person in charge at the conclusion of each inspection as required by 4170 Conducting the Exit Conference; and

  •  sends a copy of the CLASS Form 2936 Child Care Facility Inspection to the permit holder and those as required by Appendix 3000-2: Notifying the Operation.

Inspecting Child-Placing Agency (CPA) Branch Offices During the Initial License Period

Procedure

If a CPA opens a branch office during the initial license period, the inspector conducts a monitoring inspection at the branch office and evaluates all minimum standards within two months after the branch office opens.

Additional monitoring inspections are conducted at the same interval as those conducted for the CPA’s main office.

3520 Renewing an Initial License

LPPH September 2015

Policy

An initial license is valid for six months from the date it is issued and may be renewed for one additional six-month period with supervisory approval.

Texas Human Resources Code §42.051(b)

DFPS Rules, 40 TAC §745.347

Procedure

The inspector renews an initial license when an operation:

  •  does not provide care for unrelated children during the initial period or begins operation so late in this period that continuing compliance cannot be determined; or

  •  fails to establish continuing compliance with minimum standards and additional time is needed to establish a pattern of compliance.

3521 How to Renew an Initial License

LPPH March 2017

Procedure

The inspector discusses the recommended decision to renew the initial license with the permit holder. The inspector informs the operation that a new application must be submitted and a fee for the new initial license must be paid.

The governing body may submit a new application or may re-sign and re-date the original. If the permit holder agrees, the inspector proceeds with acceptance of the new application and renewal of the initial license.

The second initial permit may be entered into the CLASS system any time up to the first day after the first initial permit expires. For example, if the initial permit expires August 31, the second initial permit must be entered in CLASS no later than September 1.

The inspector develops a plan of action for the operation to achieve compliance during the second initial period, as appropriate. If the permit holder does not agree, the inspector informs the permit holder that a denial of the non-expiring license will result and the operation must close.

DFPS Rules, 40 TAC §§745.347; 745.349; 745.353

See also:

7350 Plan of Action

7600 Adverse Actions

7620 Criteria for Taking Adverse Action

3530 Non-Expiring License

3531 Time Frame for Issuing a Non-Expiring License

LPPH September 2015

The inspector signs and mails the non-expiring license and issuance letter (which are both generated in CLASS) within six months after the date the initial license is issued or renewed.

The non-expiring license must be issued no later than the first day after the initial permit expires. For example, if the initial permit expires August 31, the non-expiring license must be entered in CLASS no later than September 1.

The effective (issuance) date of the permit is the date that the inspector signs the permit. The non-expiring permit supersedes the initial license.

3531.1 Criteria for Issuing a Non-Expiring License

LPPH September 2015

Policy

The inspector issues the non-expiring license when:

  •  the initial license has been in effect for at least three months;

  •  the operation has satisfied initial licensing requirements by maintaining compliance on a continuing basis;

  •  three inspections have been made while children are in care, unless supervisory approval has been secured to make fewer inspections;

  •  payment of the non-expiring license fee has been verified; and

  •  the Licensing record is updated to reflect the basis for issuance.

DFPS Rules, 40 TAC §745.351

If an investigation is in progress at the end of the initial period, the inspector delays the decision to issue the non-expiring license until the investigation is complete, or recommends denial. The initial license continues in effect and does not expire until a decision to issue or deny is made. The inspector documents the reason for the delay in CLASS.

3532 Non-Expiring License for an Operation That Changes Ownership or Location

LPPH September 2015

Procedure

If a licensed or certified operation (other than a child-placing agency or an operation with a compliance certificate) changes its ownership or location, the permit is automatically revoked. However, an operation that was licensed at the time it changed ownership or location qualifies for a non-expiring license without going through the initial license period if the operation does not change:

  •  policy and procedure, including the type of child care services offered; and

  •  the staff who have direct contact with the children.

A child-placing agency that changes location is not required to submit an application for a new permit.

Exception for an Operation Not in Compliance

The inspector may issue an initial license in lieu of a non-expiring license to a previously licensed operation that:

  •  changed ownership or location; and

  •  has not demonstrated full compliance with statute, rule, and minimum standards.

Texas Human Resources Code §§42.048; 42.051

DFPS Rules, 40 TAC §§745.321; 745.345

See also:

3313.4 Evaluating Compliance

3920 Change of an Operation’s Location

3930 Change of Ownership

3540 Decision Not to Recommend Issuance

LPPH September 2015

Policy

The inspector obtains supervisory approval if recommending that the initial license be allowed to expire without issuing a non-expiring license. See 3230 Withdrawal of an Application for a Permit.

Texas Human Resources Code §42.051(b)

DFPS Rules, 40 TAC §745.347

3550 Denying a Non-Expiring License

LPPH September 2015

Procedure

If the recommendation is to deny issuance of a non-expiring license, the inspector sends documentation to the supervisor before the end of the initial period so that the intent to deny letter can be signed within the six months.

See:

7600 Adverse Actions

7620 Criteria for Taking Adverse Action

3700 Denial of an Application for a Permit and Reapplying After Denial or Revocation

3710 Denial Because of Failure to Comply With Minimum Standard Rules, Administrative Rules, or Law

LPPH April 2010

Policy

An application for a permit may be denied because the operation has failed to comply with minimum standard rules, administrative rules, or the law.

Procedure

The inspector denies the application according to procedure in 7600 Adverse Actions.

Texas Human Resources Code §42.072

3711 Denial Because of Background Information

LPPH September 2015

Policy

Central Registry, criminal history, or sustained controlling person background check results that involve an applicant, controlling person, or a non-client residing at the operation may require staff to deny a permit.

See:

3231.1 Basis to Deny a Permit for an Unsustained Central Registry Finding

3312 Conducting Background Checks

5333 Handling Unsustained Central Registry Findings

5334 Handling Sustained Central Registry Findings

5355.31 When to Deny or Revoke a Permit Based on Criminal History

3712 Deficiency for Which Correction Will Exceed Application Time Frame

LPPH April 2010

Policy

Deficiency may be found during the on-site inspection that cannot be corrected during the application time period. This is not applicable to listed home permits.

3713 Compliance History Indicates Inability to Meet Minimum Standard Rules

LPPH April 2010

Policy

The applicant may have a history of deficiencies under previous permits that result in a determination that the applicant will not be able to provide care for children that complies with minimum standard rules.

3714 Failure to Meet the Requirements of Public Notice or Hearing Laws

LPPH April 2010

Policy

For residential licensing, the failure occurs when an applicant does not meet the requirements of public notice or hearing laws, including submitting the results of the public hearing.

Texas Human Resources Code §§42.072; 42.0461

3720 Application for a License, Certificate, Registration, or Listing Is Received and a Past Denial or Revocation Exists

LPPH June 2016

Policy

A person whose license, certificate, registration, or listing is denied or revoked is not eligible to apply for one of those permits before the fifth anniversary of the date on which the denial or revocation by DFPS or court order took effect, whichever is later.

Texas Human Resources Code §42.072

3721 Criteria for Acceptance of an Application

LPPH June 2016

Procedure

The inspector accepts a complete application from an operation that is not providing care if:

  •  at least five years have passed since a previous denial or revocation took effect; and

  •  the applicant is qualified to apply. See 3223 Evaluating an Application for Completeness.

3722 Requirement That the Operation Be Closed Pending Issuance

LPPH April 2010

Procedure

The inspector does not:

  •  accept an application from an operation that is providing care; and

  •  issue the permit if the operation begins providing care before issuance.

3723 Reimbursement for Publishing the Notice of Revocation

LPPH June 2016

Procedure

If an application is submitted more than five years after the revocation of a permit, the applicant must submit verification that the cost of reimbursing DFPS for publishing the notice of revocation has been paid. See 7633 Notice of Decision to Deny, Revoke, or Suspend an Application or Permit.

DFPS Rules, 40 TAC §745.407

3724 Compliance History Indicates Inability to Meet Minimum Standard Rules

LPPH June 2016

Procedure

The applicant may have a history of deficiencies under previous permits that results in a determination that the applicant will not be able to provide care for children that complies with minimum standard rules.

3800 Handling Changes in an Operation

3810 Circumstances That May Require Amending the Permit

LPPH September 2015

Policy

Changes Affecting Restrictions or Conditions

The permit may need to be amended because of changes requested by the operation that affect restrictions or conditions on the permit, including:

  •  an increase or decrease in outdoor or indoor space to accommodate children;

  •  a change in the age range of children in care;

  •  a reduction in the number of toilets or sinks;

  •  a change in the hours, days, or months of operation;

DFPS Rules, 40 TAC §746.301

  •  a change in the type of service, for residential operations;

DFPS Rules, 40 TAC §§748.63; 748.1203; 749.63; 749.303; 749.1101; 750.61; 750.153; 750.501(1); 750.1009(3)

  •  the opening or closing of, or a change in the location of, a branch office for child-placing agencies; or

  •  a change of location by a child-placing agency.

DFPS Rules, 40 TAC §745.435

Changes That Are Not Reported

The permit may need to be amended because of changes made by the permit holder that are not reported and that affect either the restrictions or conditions on the permit, or both.

The inspector must address the change as soon as he or she learns of it.

Changes Imposed by Licensing

The permit may need to be amended because of changes imposed by Licensing to remedy a failure to comply with the licensing statute, administrative rules, or minimum standards.

3811 When Change Poses Risk to Children

LPPH April 2010

Policy

The inspector must evaluate the change and may deny the request if it would pose a risk to children. If the operation is on an evaluation or probation plan, or has been notified of adverse action, the inspector must deny the request for a change if the change would increase the risk to children.

Texas Human Resources Code §42.048(b)

3812 When Prior Notification of Change Is Required of Governing Bodies

LPPH September 2012

Policy

Administrative rules and minimum standards for all types of operations (except listed homes and operations that have compliance certificates) require that an operation’s governing body notify the Licensing division before making any change that would violate the restrictions or conditions on the permit.

DFPS Rules, 40 TAC §§744.301; 746.301; 747.301; 748.1203; 749.1101; 750.153; 750.1009

3813 Amendment of Permit to Increase Capacity

LPPH April 2010

Policy

Some residential operations are subject to public notice and hearing requirements before the permit can be amended to increase capacity. The notice must be published after the request to increase capacity has been evaluated by Licensing. See 3321 Public Notice and Hearing Requirements for Residential Licensing and its subitems.

3814 Approval Required Before Change Is Implemented

LPPH April 2010

Policy

The operation must wait until the changes are approved by Licensing before making the change in the operation.

3815 Amendment as an Adverse Action

LPPH April 2010

Policy

If the permit holder does not agree to a change that the inspector is imposing as a remedy, the inspector handles the amendment as an adverse action. See 7600 Adverse Actions.

3816 Administrative Review and Appeal

LPPH April 2010

Policy

A permit holder has a right to an administrative review and appeal when Licensing staff plan an adverse amendment after issuance that changes restrictions or conditions to a permit. See 7700 Legal Actions When an Operation Disagrees With the Actions of an Inspector.

3820 Handling Changes to a License, Certificate, or Registration Permit

3821 How to Address Plans for Change

LPPH April 2010

Procedure

Determine whether the change will necessitate amending the permit. When information about a plan for changing the operation is received, the inspector completes the following tasks.

3822 Documenting Changes in CLASS and the Child Day Care Licensing Application

LPPH September 2012

Procedure

Licensed or Certified Child Day Care Operations

For licensed or certified child day care operations, if amending the permit is not required but the restrictions recorded on Form 2910 Child Day Care Licensing Application, have changed, the inspector updates the form by one of the following methods:

  •  Recording the new information on the current Form 2910, signing and dating the form, and sending a copy of the updated form to the permit holder.

  •  Sending a copy of the current Form 2910 to the permit holder to record the changes, signing and dating the form, and returning the form.

The inspector documents the changes in the operation’s record in CLASS.

Registered Child Care Homes

For registered child care homes, if amending the permit is not required but the restrictions recorded in CLASS have changed, the inspector documents the changes in the operation’s record in CLASS. Restrictions include the operation’s capacity, the ages of the children, and the hours, days, and months of operation.

3823 How to Amend the Permit

LPPH December 2011

Procedure

If amending the permit is necessary, the inspector completes these tasks:

a.   Determine whether the changes could violate statute, administrative rules, or minimum standard rules.

b.   If a physical change has been made to the operation, the inspector:

  •  makes an inspection within 30 days after receiving the information from the operation. This includes a child-placing agency that moves to a new location. Include all standards related to the child-placing agency’s location and building; and

  •  ensures that a residential or day care facility obtains approved fire and health inspections when adding space to increase capacity.

c.   Discuss the change with the permit holder or designee to ensure agreement with the changes to the permit.

d.   For residential child care operations that want to increase their capacity and are subject to public notice and hearing requirements, see 3321 Public Notice and Hearing Requirements for Residential Licensing and its subitems.

e.   Provide information on fees, if applicable.

f.    Verify that the amendment fee, if required, has been paid.

g.   If compliance is established, process the amendment by preparing a new permit, keep the original issuance date, and note the date of the amendment.

h.   Enter information in CLASS as follows:

i.    All Operations

  •  Document the changes in the operation’s record in CLASS on the Issuance page, in the Amendments field, and update the restrictions and conditions that have changed in CLASS.

  •  State the reason for the amendment on CLASS Form 2803 Child-Care Issuance Letter. Sign and mail Form 2803 and the permit.

ii.    Licensed or Certified Day Care

  •  For licensed or certified child day care, record the information on the current CLASS Form 2910 Child Day Care Licensing Application, and sign and date the form.

iii.   Child-Placing Agencies

  •  When a child-placing agency moves its branch office, the inspector changes the address of the branch office in CLASS.

  •  When a child-placing agency adds a branch office, the inspector records applicable information about the branch office in CLASS.

3824 When to Amend a Permit

LPPH April 2010

Procedure

If the permit holder fails to report the changes affecting the restrictions or conditions on the permit, or if the inspector adds restrictions or conditions after issuance, initiate an amendment of the permit the inspector does the following.

      Inform the permit holder of the required changes to the permit. If the permit holder agrees, process the amendment as described in this item.

      If the permit holder does not agree to the changes, handle the amendment as an adverse action. See 7600 Adverse Actions.

      Send the necessary documentation with the amendment recommendation to the Licensing supervisor for approval.

      Mail the permit with a certified letter prepared according to 7600 Adverse Actions.

3825 How to Deny a Permit

LPPH April 2010

If it is necessary to deny the permit, follow the procedures in 7600 Adverse Actions.

Texas Human Resources Code §42.048(b)

3900 Handling Changes in the Type of Permit, Location, and Ownership

3910 Changes in Type of Permit

LPPH April 2010

Policy

In order to change to a different type of permit, the governing body or owner of an operation must apply for a new permit and submit the appropriate fees.

3911 Establishing Compliance With Minimum Standard Rules

LPPH September 2012

Policy

The operation must establish compliance with the minimum standards applicable to the new type before a new permit is issued.

See 3310 Evaluating Before Issuing a Permit to determine whether to issue an initial or non-expiring permit to a licensed operation.

See 3313 Inspecting the Operation (Except Listed Homes) to determine which administrative rules or minimum standards must be evaluated for compliance before issuance.

3912 Types of Changes

LPPH September 2012

Policy

Change of type requested by a governing body may include:

a.   a licensed operation changing the type of operation;

b.   a licensed operation becoming a registered operation;

c.   a registered operation home becoming a licensed operation;

d.   a registered operation becoming a listed operation;

e.   an operation deciding to add an additional permit for a different category of care;

f.    a listed operation becoming a registered operation; or

g.   an operation with a compliance certificate becoming a licensed operation.

3913 When a Permit Is Added or Replaced

LPPH April 2010

Policy

A new permit will supersede the old unless the operation is adding an additional permit. A statement should be added to the issuance letter if the new permit is replacing an existing permit.

3914 Public Notice and Hearing Requirements

LPPH April 2010

Policy

For residential child-care, applicants may be subject to public notice and hearing requirements. See 3321 Public Notice and Hearing Requirements for Residential Licensing.

Texas Human Resources Code §42.051

3915 Documentation in CLASS

LPPH April 2010

Procedure

In the CLASS system, a new operation number will be given for a new application.

To retain the history of the operation, the inspector enters the operation number in the Issuance History field on the Main Facility page in CLASS.

See also:

2200 Types of Child Care and Multiple Operations

CLASS Online Help: Close an Operation, Receiving a Day Care / Residential Care Application

3920 Change of an Operation’s Location

LPPH September 2015

Policy

If a licensed or certified operation (other than a child-placing agency or an operation with a compliance certificate) changes its location, the permit is automatically revoked. However, an operation that was licensed at the time it changed location qualifies for a non-expiring license without going through the initial license period. This applies only if the operation does not change:

  •  policy and procedure, including the type of child care services offered; and

  •  the staff who have direct contact with the children.

The permit holder must notify Licensing as early as possible before the move and reapply for a new permit in order to operate at the new location.

Licensed operations must pay new application and license fees. Certified operations and operations with compliance certificates must pay new application fees.

Texas Human Resources Code §42.048

DFPS Rules, 40 TAC §§743.7; 745.429; 745.435; 750.1009(1)

See 3532 Non-Expiring License for an Operation That Changes Ownership or Location.

3921 Time Frames for Notification and Subsequent Actions

3921.1 Child-Placing Agency

LPPH April 2010

Policy

If a child-placing agency is going to move, the permit holder must notify Licensing of the move no later than 15 days before the move. The inspector sends Form 2969 CPA Change of Address letter to the permit holder. The permit holder completes page 2 of the form and returns it to Licensing. The inspector processes the move as an amendment to the license and inspects the new location before issuing the amended permit.

A CPA is not required to pay a new fee until its anniversary date. If a CPA moves without giving Licensing timely notification of the move, the license may be revoked.

3921.2 Listed Operation

LPPH April 2010

Policy

If a listed operation changes location, the listed permit holder must notify Licensing as early as possible before the move, but no later than 15 days after the move.

The inspector provides CLASS Form 2811 Change of Address Request, and the listed permit holder must complete the form showing the new address. The inspector amends the listing permit to reflect the new address. The issuance date on the listing permit is not changed and the listing remains in effect.

There is no additional fee for a change in location for the listed operation. If a listed operation moves without notifying Licensing within 15 days of the move, the listing permit may be revoked.

DFPS Rules, 40 TAC §745.431

3921.3 Registered Operation

LPPH April 2010

Policy

If a registered operation changes location, the registered permit holder must notify Licensing as early as possible before the move, or no later than 15 days after the move. The inspector provides Form 2811, Change of Address Request located in CLASS, and the registered permit holder must complete the form showing the new address.

The inspector evaluates for compliance with the standards affected by a change in operation at the new location. If there is compliance with minimum standard rules, the inspector amends the registration permit to reflect the new address. The issuance date on the registration permit is not changed and the registration permit remains in effect.

There is no additional fee for a change in location for the registered operation. If the registered operation moves without notifying Licensing within 15 days of the move, the registration permit may be revoked.

DFPS Rules, 40 TAC §745.433

3922 Relocation of a Licensed or Certified Operation or an Operation With a Compliance Certificate

LPPH September 2012

Procedure

If Licensing staff learns that a licensed or certified operation (other than a child-placing agency) or an operation with a compliance certificate has changed or will change location, the inspector sends CLASS Form Vol Suspension/Relocation/Clsr Letter 2865e, 2825 to the permit holder confirming the move. New application materials for the new location must be enclosed with the form, if they had not been provided previously.

The application is processed according to the procedures in:

3200 Processing the Application for a License Certificate, Compliance Certificate, Registration, or Listing Permit

3220 Reviewing and Accepting the Application for a Permit

If the operation continues to provide care at the new location, the inspector handles the operation as an illegal operation.

See 3313.4 Evaluating Compliance to determine whether an initial or non-expiring permit is needed for licensed operations.

3922.1 Residential Child-Care Operation

LPPH April 2010

Procedure

If a residential child-care operation (other than a CPA) was issued a permit before January 1, 2007, but later changes location, the operation must comply with all current minimum standard rules and can no longer operate under any of the grandfather provisions in Texas Administrative Code (TAC) Chapters 748 or 750.

3923 Relocation of a Child-Placing Agency

LPPH April 2010

Procedure

If Licensing staff learn that a child-placing agency (CPA) is going to move, the inspector sends Form 2969 CPA Change of Address letter to the permit holder. The permit holder must complete page 2 of the form and return it to Licensing.

The inspector processes the move as an amendment to the license, and must inspect the new location before issuance. See 3810 Circumstances That May Require Amending the Permit.

If a child-placing agency was issued a permit before January 1, 2007, and changes location, the CPA continues to operate with an amended permit under the grandfather provisions in Chapter 749 of the Texas Administrative Code.

3924 Relocation of a Registered or Listed Operation

LPPH April 2010

Procedure

If Licensing staff learns that a listed or registered operation has moved, the inspector sends CLASS Form 2811 Change of Address Letter to the permit holder. Neither a listed nor a registered operation is required to pay a new fee until the operation’s anniversary date.

If the registered or listed operation fails to notify Licensing staff within 15 days after a move and continues to provide care for children, the inspector handles the operation as an illegal operation. The inspector documents in the operation's record in CLASS how Licensing learned about the change.

See also:

5222 Registered Homes Fee Chart

6560 Investigations of Illegal Operations With No Allegations of Abuse or Neglect

CLASS Online Help:

Close an Operation

Corrective and Adverse Action

Process Address Change DC (for Registered and Listed Homes)

Receive a Day Care License Application

Receive a Residential Care Application

Address Changes RC (information for entering a change of location in CLASS for a child-placing agency)

3930 Change of Ownership

LPPH September 2012

Policy

If a change in ownership occurs in an operation, the permit is revoked.

A change in ownership includes the any of the following:

a.   The owner stated on the permit no longer owns the operation.

b.   The governing body stated on the permit no longer has the ultimate authority and responsibility for the operation.

c.   There is a change in the legal organizational structure of the operation.

d.   If the permit holder is a type of business entity, and that business entity is sold.

Exception

If the permit holder is a type of business entity, and that business entity is sold, a change in ownership of an operation does not include the acquisition of a corporate permit holder’s publicly traded stock if all of the following conditions exist:

a.   The corporate permit holder listed on the application and on the permit will continue to exist as the same corporate entity and to own and operate the operation.

b.   There will be no change in the operation’s policy or procedure because of the transaction.

c.   There will be no change in the staff who have contact with children in care because of the transaction.

d.   Any change in the day-to-day operations that might occur after the sale is in the ordinary course of business and not as a result of the stock transaction.

Texas Human Resources Code §42.048

DFPS Rules, 40 TAC §§745.437; 745.439

3931 Confirmation of Change and Reapplication for Permit

LPPH September 2012

Policy

If Licensing staff learn that an operation has changed or will change ownership, the inspector sends CLASS Form Vol Suspension/Relocation/Clsr Letter 2865e, 2825, to the permit holder confirming the change. The inspector also provides application materials to the new owner. The new owner must apply for a permit.

DFPS Rules, 40 TAC §§745.429; 746.303; 748.133(1); 749.133(1); 750.123(1)

3932 When Operations Are Ineligible for Grandfather Provisions if Ownership Changes

3932.1 Child Day Care

LPPH April 2010

Policy

If a child day care operation that was issued a permit before September 1, 2003, changes ownership, the operation must comply with all current minimum standard rules and can no longer operate under any of the grandfather provisions in Texas Administrative Code (TAC) Chapters 746 and 747.

Texas Human Resources Code §42.048(e)

3932.2 Residential Child-Care

LPPH April 2010

Policy

If a residential child-care operation that was issued a permit before January 1, 2007, changes ownership, the operation must comply with all current minimum standard rules and can no longer operate under any of the grandfather provisions in Chapters 748, 749 and 750 of the Texas Administrative Code.

Texas Human Resources Code §42.048(e)

3933 Steps to Process an Application

LPPH September 2012

Procedure

For licensed operations, see 3313.4 Evaluating Compliance to determine whether an initial or non-expiring license permit is needed.

The application is processed according to the procedures in 3200 Processing the Application for a License, Certificate, Compliance Certificate, Registration, or Listing.

As with any new application, a new operation number will be issued.

See also:

6200 Assessing and Processing Intake Reports

CLASS Online Help:

Close an Operation

Receive a Day Care License Application

<<Previous Page

Next Page>>