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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 3833 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, 26 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, 26 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, 26 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

DFPS Rules, 26 TAC §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

DFPS Rules, 26 TAC §§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 July 2018

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 full 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 Full 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 July 2018

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 full 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 Full License

3531 Time Frame for Issuing a Full License

LPPH July 2018

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

The full 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 full 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 full permit supersedes the initial license.

3531.1 Criteria for Issuing a Full License

LPPH July 2018

Policy

The inspector issues the full 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 full 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 full 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 Full License for an Operation That Changes Ownership or Location

LPPH July 2018

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 full 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 full 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

3832 Change of an Operation’s Location

3833 Change of Ownership

3540 Decision Not to Recommend Issuance

LPPH July 2018

Policy

The inspector obtains supervisory approval if recommending that the initial license be allowed to expire without issuing a full 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 Full License

LPPH July 2018

Procedure

If the recommendation is to deny issuance of a full 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, Type of Permit, Location, and Ownership

3810 Circumstances That May Require Amending the Permit

LPPH July 2018

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 to the operation’s infant capacity, if the operation is a licensed child care center;

  •  an increase or decrease to the operation’s total capacity;

  •  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;

HHSC Rules, 26 TAC §§744.301; 746.301; 747.301; 748.153

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

  •  a change from a before or after-school program to a school-age program (or the reverse);

  •  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 listed family home, registered child care home, or child-placing agency.

Changes Required to Be Reported To Licensing

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

HHSC Rules, 26 TAC §§744.301; 746.301; 747.301; 748.1203; 749.1101; 750.153; 750.1009

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.

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 and determine if the failure to report the change was a violation of minimum standards.

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.

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. 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:

7600 Adverse Actions

7700 Legal Actions When an Operation Disagrees With the Actions of an Inspector.

Changes Imposed by Governmental Entities Other than Licensing

If Licensing learns of local ordinances or regulations that would affect the restrictions or conditions on the permit, Licensing staff amend the permit in order to comply with those ordinances or regulations.

3811 When and How to Evaluate a Change That Poses Risk to Children

LPPH July 2018

Policy

The inspector must evaluate the change and may deny the request if it would pose a risk to children. The operation must wait until the changes are approved by Licensing before making the change in the operation. The inspector must evaluate the following changes before approving them:

  •  an increase or decrease to the operation’s infant capacity, if the operation is a licensed child care center;

  •  an increase or decrease to the operation’s total capacity;

  •  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; and

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

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.

Procedure

Evaluating Physical Changes to the Operation

A physical change includes:

  •  additions or reductions to indoor space to be used by children in care;

  •  addition of a swimming pool or other permanent  body of water on the premises;

  •  the increase or decrease in outdoor space (for child care centers, school-age programs, and before or after-school programs); or

  •  a child-placing agency that moves to a new location.

Conducting an Inspection

If a physical change has been made to the operation, the inspector conducts an inspection within 30 days after receiving the information from the operation. The inspector evaluates all standards related to the child-placing agency’s location and building.

Obtaining Fire and Health Inspections

The inspector ensures that a licensed operation obtains approved fire and health inspections as required when adding space to increase capacity.

This does not apply to licensed child care homes.

Evaluating a Request to Increase Capacity

If the operation has requested an increase in capacity, the inspector evaluates the request by reviewing floor plans or conducting an inspection to verify that the operation has adequate space, toilets, and sinks to accommodate the increase.

Public Hearing Requirements for Residential Operations

For residential child care operations that are subject to public notice and hearing requirements, 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).

Evaluating Other Requests

For all other requests, the inspector reviews the operation’s compliance history and may also review the operation’s policies. The inspector may also conduct an inspection to determine if the requested changes are appropriate.

If changes to the permit are approved, the inspector makes those changes according to 3823 How to Amend the Permit in CLASS.

3812 When a Listed Family Home, Registered Child Care Home, or Child-Placing Agency Changes Location

LPPH July 2018

Policy

Child-Placing Agency

If a child-placing agency (CPA) 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 two 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.

There is no additional fee for a change in location for a CPA.

If a CPA moves without giving Licensing timely notification of the move, the license may be revoked.

DFPS Rules, 40 TAC §745.435

Listed Family Home or Registered Child Care Home

If a listed family home or registered child care home changes location, the 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 permit holder must complete the form showing the new address.

For a listed family home, the inspector amends the listing permit to reflect the new address. For a registered child care home, the inspector conducts an inspection and evaluates for compliance with the standards affected by a change in location. If there is compliance with minimum standards, the inspector amends the registration permit to reflect the new address.

The issuance date on the listing or registration permit is not changed and the listing or registration remains in effect.

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

DFPS Rules, 40 TAC §§745.431; 745.433

3820 How to Evaluate and Process Amendments to a Permit

3821 How to Address Plans for Change

LPPH July 2018

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:

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

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

  c. If compliance is established, document the changes in CLASS, which may include processing the amendment by preparing a new permit.

3822 Documenting Changes for Child Day Care Operations When Amending the Permit is Not Required

LPPH July 2018

Procedure

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 documents the changes in the operation’s record in CLASS and notes the changes made in CLASS Chronology.

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 that do not require an amendment of the permit include changes to the operation’s capacity, the ages of the children, and the hours, days, and months of operation.

Licensing staff document any conditions or restrictions that need to be noted on the permit in the Description box of the Conditions for Permit, Registration or Certification section of the operation’s Issuance page in CLASS.

3823 How to Amend the Permit in CLASS

LPPH July 2018

Procedure

If amending the permit is necessary, the inspector enters information in CLASS as follows:

  a. If the operation is a listed family home, registered child care home, or a child-placing agency (including a branch office), and changes are made to the operation’s address, the inspector documents and validates the new address on the operation’s Main page in CLASS.

  b. If the operation is a child-placing agency or a general residential operation and the operation made changes to the services the operation provides, the inspector documents the changes in services on the operation’s Main page.

  c. If the operation made changes to the capacity or the gender and ages served, the inspector documents the changes in the Restrictions section on the Issuance page.

  d. If the inspector places any other conditions on the permit, he or she documents the changes and the effective date in the Conditions for Permit, Registration, or Certificate section on the Issuance page.

  e. For all changes, the inspector documents an effective date and a summary of the reason for the amended permit in the Full Issuance Amendments section on the Issuance page.

  f.  The inspector creates and prints a copy of the amended permit and applicable issuance letter and mails or delivers the copy to the operation. 

Adverse Amendments

If the permit holder does not agree to the changes, the inspector handles the amendment as an adverse action.

The inspector sends the necessary documentation with the amendment recommendation to the Licensing supervisor for approval.

The inspector mails the permit with a certified letter prepared according to 7600 Adverse Actions.

3830 Changes that Require an Application for a New Permit

LPPH July 2018

Policy

The governing body or owner of an operation must apply for a new permit and submit the appropriate fees for a change in:

  •  permit type;

  •  location for operations other than listed family homes, registered child care homes, temporary shelter programs, small employer-based child care operations, and child-placing agencies; and

  •  ownership (see 3833 Change of Ownership).

DFPS Rules 40 TAC §§745.429; 745.435; 745.437;

HHSC Rules 26 TAC §§ 744.301; 746.301; 747.301; 748.153; 749.153

3831 Change to Type of Permit

LPPH July 2018

Policy

A governing body’s request to change permit type may include:

  a. a licensed operation becoming a registered or listed operation or an operation with a compliance certificate;

  b. an independent foster home becoming a general residential operation;

  c. a registered operation home becoming a licensed or listed operation;

  d. a listed operation becoming a registered or licensed operation;

  e. an operation with a compliance certificate becoming a licensed operation; or

  f.  a licensed operation transitioning into another licensed type of operation that is governed under a different chapter of minimum standards.

3831.1 Establishing Compliance With Minimum Standards

LPPH July 2018

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 full 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.

3832 Change of an Operation’s Location

LPPH July 2018

Policy

If a licensed or certified operation (other than a child-placing agency) changes its location, the permit is automatically revoked. However, an operation that was licensed at the time it changed location qualifies for a full 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.

Procedure

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. If the permit holder did not notify Licensing of the change in location, but Licensing staff learns that a licensed or certified operation (other than a child-placing agency) 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. Along with the form Licensing staff must include new application materials (or instructions on where to find a copy of the application materials online) if they had not been provided previously.

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

HHSC Rules, 26 TAC §§743.7; 750.1009(1)

DFPS Rules 40 TAC §§745.429; 745.435

See 3532 Full License for an Operation That Changes Ownership or Location.

3833 Change of Ownership

LPPH July 2018

Policy

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

A change in ownership includes 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

Procedure

The permit holder must notify Licensing as early as possible before the change in ownership, and the new owner must apply for a new permit. If the permit holder did not notify Licensing of the change in ownership, but 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 or the new owner, as appropriate, confirming the change. The inspector also provides application materials to the new owner or instructions on where to find a copy of the application materials online.

Operations must pay new application and license fees, as applicable.

DFPS Rules, 40 TAC §745.439

HHSC Rule 26 TAC §§744.303; 746.303; 748.153; 749.153; 750.123(1)

3834 Steps to Process an Application

LPPH July 2018

Procedure

For licensed operations, see 3313.4 Evaluating Compliance to determine whether an initial or full 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 Permit.

3834.1 When a Permit Is Added or Replaced

LPPH July 2018

Policy

A new permit will supersede the old unless the operation is adding an additional permit.

3834.2 Public Notice and Hearing Requirements

LPPH July 2018

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 §42.0461

3834.3 Documentation in CLASS

LPPH July 2018

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 new operation’s Main page in CLASS.

See also 2200 Types of Child Care and Multiple Operations.

3840 When Operations Are Ineligible for Grandfather Provisions if Location or Ownership Changes

3841 Child Day Care

LPPH July 2018

Policy

If a child day care operation that was issued a permit before September 1, 2003, changes location or ownership, the operation can no longer operate under any of the grandfather provisions in Texas Administrative Code (TAC) Chapters 746 and 747 unless the inspector and inspector’s supervisor has determined that a change in ownership has not nullified the grandfather provisions.

Texas Human Resources Code §42.048(e)

3842 Residential Child Care

LPPH July 2018

Policy

If a residential child care operation that was issued a permit before January 1, 2007, changes location or ownership, the operation can no longer operate under any of the grandfather provisions in Texas Administrative Code (TAC) Chapters 748, 749, and 750 unless the inspector and inspector’s supervisor have determined that a change in ownership has not nullified the grandfather provisions.

Texas Human Resources Code §42.048(e)

3900 Permit Renewal

3910 Overview of Permit Renewals

3911 Operations Subject to Permit Renewal

LPPH July 2018

Policy

A full license, certificate, and registration will expire if it is not renewed.

Permit renewal requirements do not apply to listed family homes, temporary shelter programs, and small employer-based child care operations.

DFPS Rules, 40 TAC §745.471

Human Resources Code §§42.048, 42.050, 42.052

3912 When an Operation’s Permit Renewal Is Due

LPPH July 2018

Policy

An operation that is subject to permit renewal must renew its permit on the second anniversary of the issuance of the full permit and every two years thereafter.

For operations that received a permit before December 1, 2017, the renewal schedule is as follows:

If an operation received its full permit before 12/01/17 and…

The operation’s first renewal is due on…

Subsequent renewals are due…

the full permit was issued in an even numbered year

The full permit’s anniversary date in 2018

Every two years thereafter

the full permit was issued in an odd numbered year

The full permit’s anniversary date in 2019

Every two years thereafter

DFPS Rules, 40 TAC §745.473

3913 Definitions of “Renewal Period” and “Late Renewal Period”

LPPH July 2018

Policy

The “renewal period” is the period beginning 60 days before the full permit’s anniversary date and ending on the anniversary date, which occurs in the year the operation must renew its permit. An operation may not submit a renewal application before the renewal period begins.

The “late renewal period” is the 30-day period after the renewal period ends. A renewal application submitted during the late renewal period is considered a late renewal application. An operation must submit a renewal application by the end of the late renewal period to avoid expiration of its permit.

DFPS Rules, 40 TAC §745.473

3920 Permit Renewal Application Process

3921 Notifying the Operation and Sending the Permit Renewal Application

LPPH July 2018

Policy

At the beginning of an operation’s renewal period, Licensing notifies the operation that the operation’s permit renewal is coming due.

Procedure

Operation Has Contact Email Address

If the operation’s contact email address is listed in CLASS, CLASS sends a system- generated email to the operation that includes the notification and instructions for submitting a renewal application online. CLASS sends a copy of this notice to the inspector.

Operation Does Not Have Contact Email Address

For operations that do not have a contact email address listed in CLASS, Licensing staff must generate a copy of the notification letter and pre-populated renewal application on the Permit Renewal page in CLASS and mail to the operation by the beginning of the operation’s renewal period.

3922 How an Operation Submits a Permit Renewal Application

LPPH July 2018

Procedure

An operation may submit a permit renewal application online through the public and provider website or mail a paper renewal application.

If an operation received a system-generated email with instructions for completing the permit renewal application online, but prefers to submit a paper application, the Licensing inspector:

  •  selects the Provider Requests Paper checkbox on the Permit Renewal page in CLASS;

  •  generates the notification letter and pre-populated renewal application on the Permit Renewal page; and

  •  prints and mails the letter and renewal application to the operation.

3923 Timeframes for Reviewing a Permit Renewal Application

LPPH July 2018

Policy

The Licensing inspector has 15 days from the date Licensing receives the renewal application to:

  a. review the renewal application for completeness;

  b. verify the operation has paid all fees and administrative penalties in the past two years; and

  c. either renew the operation’s permit or reject the renewal application.

40 Texas Administrative Code §§745.475; 745.477

3924 Reviewing the Permit Renewal Application

LPPH July 2018

Policy

A completed renewal application includes:

  •  verification that the following information about the operation is current and accurate;

  •  basic information, including mailing address, business phone, email address, hours and days of operation, and services provided;

  •  a list of controlling persons;

  •  a list of the governing body’s members (not applicable for registered child-care homes;

  •  documentation of whether the operation continues to need any existing waivers and variances;

  •  verification that the operation is complying with background check requirements; and

  •  verification that the operation does not have any overdue fee or administrative penalty payments.

40 Texas Administrative Code §§745.475; 745.477

3924.1 Reviewing a Paper Permit Renewal Application

LPPH July 2018

Procedure

In CLASS, the Licensing inspector:

  a. indicates “paper submission” under the Current Permit Renewal section on the Permit Renewal page;

  b. enters the date the application was received on the Permit Renewal Application Details page; and

  c. reviews each section of the application.

The inspector then completes the tasks below on the Permit Renewal Application Details page.

Operation Details

The inspector indicates whether the operation made any updates to the operation’s information. If the operation made any updates, the inspector also updates the operation’s information in the applicable page in CLASS.

Controlling Person Details

The inspector indicates whether the operation added any controlling persons or ended any controlling person’s association with the operation. If the operation added controlling persons, the inspector indicates whether the operation submitted the addition on Form 2760 or through the provider’s online account. The inspector follows the policies in 5400 Controlling Person to end-date or add a controlling person to CLASS.

Governing Body Details (Not Applicable to Registered Child-Care Homes)

The inspector indicates whether the operation has any vacant positions in the governing body or has made any changes to the governing body. If the operation made changes to the governing body, the inspector indicates whether the operation submitted the changes on Form 2911 (DC) or Form 2819 (RC) or through the operation’s online account. The inspector follows the policies in 3213.1 Governing Body and Licensing Responsibilities and makes the appropriate updates in CLASS.

Waiver/Variance Details

The inspector indicates whether the operation no longer needs a waiver or variance or needs to submit a new request for an expired waiver or variance. If the operation needs to submit a new request for an expired waiver or variance, the inspector indicates whether the operation submitted the request on Form 2937 or through the operation’s online account. The inspector follows the policies in 5100 Waivers and Variances to process the request.

The inspector must verify that the operation took action on each expired waiver or variance request.

Background Check Details

The inspector indicates whether the operation certified that the operation has submitted background checks on all person as required by 40 TAC Chapter 745, Subchapter F, and that they are current.

Fees Details

The Licensing inspector indicates whether all fees and administrative penalties for the past two years are paid. The inspector follows the policy in 3924.3 Verifying Fee and Administrative Penalty Payments.

DFPS Rules, 40 TAC §745.475

3924.2 Reviewing a Permit Renewal Application Submitted Online

LPPH July 2018

Procedure

The Licensing inspector indicates whether all fees and administrative penalties for the past two years are paid on the Permit Renewal Application Detail page in CLASS. The Licensing inspector follows the policy in 3924.3 Verifying Fee and Administrative Penalty Payments.

3924.3 Verifying Fee and Administrative Penalty Payments

LPPH July 2018

Procedure

The Licensing inspector verifies that the operation does not have any overdue fee or administrative penalty payments. The inspector verifies that fees and administrative penalties have been paid by reviewing payments on the:

  •  Payment Information Summary page; and

  •  Administrative Penalty Details page.

The inspector may need to contact the operation to verify fee payments or search for unlinked payments on the Verify Payments page in CLASS.

The inspector then indicates if any fees or administrative penalties are overdue on the Permit Renewal Application Details page in CLASS. An administrative penalty is not overdue until 30 days past:

  •  the date the order was sent; or

  •  the date the court upheld the penalty.

If one or more fees or administrative penalties are overdue, the inspector adds each fee or penalty separately. For each fee or penalty that is overdue, the inspector documents:

  a. the type of fee or penalty that is overdue (annual, background check, or administrative penalty);

  b. the amount that is overdue;

  c. the year the fee was due for annual fees; and

  d. the administrative penalty tracking number for the penalties.

If the inspector is able to verify a payment after adding the fee or penalty to the Permit Renewal Application Details page, the inspector may delete the row.

3924.4 Working with the Operation to Complete the Renewal Application

LPPH July 2018

Procedure

Before rejecting the renewal application, the Licensing inspector must assist the operation in completing the renewal application if:

  a. the inspector has any questions about the operation’s responses on the renewal application;

  b. the provider has not fully completed the paper renewal application; or

  c. the inspector needs to verify fee payments.

3925 Accepting a Completed Renewal Application

LPPH July 2018

Procedure

The Licensing inspector accepts the renewal application and renews the permit when the renewal application is complete. When submitted online, the renewal application is complete when no fees or penalties are overdue. For a paper renewal application, it is complete when no fees or penalties are overdue and the operation has completed all fields in the application and submitted all accompanying forms, whether in paper format or online.

The inspector renews the operation’s permit by sending the operation CLASS Form Permit Renewal Issuance Notification, which the operation must then post next to its permit.

40 Texas Administrative Code §745.479

3926 Rejecting a Renewal Application

LPPH July 2018

Policy

If the permit renewal application is incomplete or the operation has overdue fees or administrative penalty payments, the licensing inspector rejects the renewal application when:

  •  the provider does not respond to phone calls or emails regarding the renewal application; and

  •  a supervisor or program administrator has approved the decision to reject the renewal application.

Procedure

The Permit Renewal Application Details page displays system-generated reasons for rejecting the renewal application. The Licensing inspector may also document rejection reasons or provide further explanation in the Rejection Reasons narrative box on the Permit Renewal Application Details page.

The Licensing inspector rejects the permit renewal application by selecting Proceed to Reject on the Permit Renewal Application Details page.

3926.1 Notifying the Operation of Rejecting the Permit Renewal Application During the Renewal Period

LPPH July 2018

Procedure

If the operation submitted the renewal application during the renewal period, the Licensing inspector sends the CLASS Form Permit Renewal Application Rejection Notification to the operation. The notification includes a list of reasons why the permit renewal application was rejected and contains instructions and deadlines for resubmitting the permit renewal application.

Operation Has Contact Email Address

If the operation has a contact email address in CLASS and has not indicated a preference for a paper renewal application, CLASS will automatically generate and send the notification to the operation.

Operation Does Not Have Contact Email Address

If the operation does not have a contact email address in CLASS or has indicated a preference for a paper renewal application, the inspector prints and mails the rejection letter (which includes a new renewal application) to the operation.

3926.2 Notifying the Operation of Rejecting the Permit Renewal Application During the Late Renewal Period

LPPH July 2018

Procedure

If the operation submitted the renewal application during the late renewal period, the Licensing inspector sends the CLASS Form Final Permit Renewal Application Rejection Notification (which includes a new renewal application) to the operation. The notification includes a list of reasons why Licensing rejected the permit renewal application, and:

  •  instructions and deadlines for resubmitting the permit renewal application, if the operation is eligible to submit another renewal application; or

  •  a statement that the operation is not eligible to submit another renewal application.

Operation Has Contact Email Address

If the operation has a contact email address in CLASS and has not indicated a preference for a paper renewal application, CLASS will automatically generate and send the notification to the operation.

Operation Does Not Have Contact Email Address

If the operation does not have a contact email address in CLASS or has indicated a preference for a paper renewal application, the inspector prints and mails the rejection letter to the operation.

3930 Expiration of a Permit

LPPH July 2018

Policy

There are three ways a permit can expire:

  1. The operation does not submit a permit renewal application by the end of the late renewal period.

  2. Licensing rejects a permit renewal application that the operation submitted during the renewal period, and the operation does not submit another renewal application by the end of the late renewal period.

  3. Licensing rejects a permit renewal application that the operation submitted during the late renewal period, and the operation does not submit a complete renewal application within 15 days after the date of rejection.

DFPS Rules, 40 TAC §745.481

Procedure

The CLASS system will identify any operation that meets one of the conditions for expiration of the permit.

Within five days of receiving the To-Do notification that an operation meets the conditions for expiration, the inspector must either work with the operation to accept the renewal application or expire the permit.

To expire the permit of an operation that meets one of the conditions for expiration, the Licensing inspector must:

  a. obtain supervisory approval to expire the permit;

  b. document the reason for the expiration, the name of the supervisor who approved the expiration, and the date of the approval in the Comments narrative box in the Expire Permit section on the Permit Renewal page;

  c. select Proceed to Expire Permit;

  d. print and sends the CLASS Form Permit Expiration Notification to the operation via certified mail; and

  e. set the Operating Status to “No” on the operation’s main page in CLASS and enter the date the permit was expired as the Effective Date.

A supervisor may provide approval for the inspector to exceed the five-day time frame. Natural disasters or other issues beyond the operation’s control that may have interrupted mail services or otherwise prevented the operation’s ability to meet the deadline should be considered before expiring the operation’s permit.

The inspector documents the supervisor’s approval to exceed the five-day timeframe in a Chronology (type Renewal). Documentation must include the supervisor’s full name and date of approval.

3931 Closing the Operation Due to Expiration of the Permit

LPPH July 2018

Procedure

Within 15 days of expiring the permit and sending the CLASS Form Permit Expiration Letter, the Licensing inspector conducts an inspection to verify the operation no longer cares for children. If the operation is caring for children, the inspector generates a new illegal operation investigation to ensure the operation closes or becomes permitted. The inspector or staff assigned to the operation then closes the operation in CLASS and follows the procedures in 6560 Investigations of Illegal Operations.

After conducting an inspection, the inspector takes the following actions on the Application/Closure page in CLASS:

  •  generates the CLASS Form 2865e, 2825 Vol Suspension/Relocation/Clsr Letter, selects the appropriate statement about expiration of a permit, and mails notification to the operation;

  •  enters the current date in the Closure Date field; and

  •  selects Permit Expired as the reason for the closure.

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

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