<<Previous Page

Next Page>>

9000 Licensed Administrators

9100 Overview of the Administrator’s License Program

LPPH November 2008

Policy

A person may not serve as the administrator of a child-care institution without a Child-Care Administrator’s License.

A person may not serve as the administrator of a child-placing agency without a Child-Placing Agency Administrator’s License.

Texas Human Resources Code, §43.003

Texas Administrative Code, Chapter 745, Subchapter N

The Licensed Administrator program offers these online resources:

  •  Full text of the law and rules

  •  Application forms

  •  A directory of licensed child-care administrators

  •  A directory of licensed child-placing agency administrators

  •  A list of frequently asked questions

  •  The e-mail address for the Licensed Administrator program

9200 Application for an Administrator’s License

9210 Reviewing an Application Packet for an Administrator’s License

LPPH March 2016

Policy

An applicant for an administrator’s license must submit a complete application for Licensing to approve or deny.

Only in emergencies may Licensing staff accept faxed or emailed application materials to approve a person to take the exam. However, matching originals must be in the person’s file before a license is issued.

A complete application to become a licensed administrator includes all of the following:

a.   A completed application form

b.   A transcript or letter of verification from the appropriate educational institution

c.   Two professional references

d.   An employer reference that documents one year of supervisory experience

e.   The application fee

f.   A notarized affidavit documenting background information on the form provided by DFPS

g.   A completed background check request

h.   Submitted fingerprint checks, unless the applicant has previously undergone a fingerprint-based criminal history check that remains valid (see 5313 Persons For Whom Fingerprint-Based Background Checks Are Required)

i.   The fee for a background check

DFPS Rules, 40 TAC §§745.630; 745.8933; 745.8934

See also:

9211.1 Additional Documentation Required If the Applicant is a Military Member, Spouse, or Veteran Requesting Expedited Licensure or Special Considerations

9211.2 Expedited Licensure If the Applicant is a Military Member, Spouse, or Veteran

9211 Additional Documentation Requirements for Expedited Licensure

9211.1 Additional Documentation Required If the Applicant is a Military Member, Spouse, or Veteran Requesting Expedited Licensure or Special Considerations

LPPH March 2016

In addition to the required application materials listed in 9210 Reviewing an Application Packet for an Administrator’s License, a military member, spouse, or veteran requesting expedited licensure or special considerations must submit:

a.   documentation demonstrating the applicant’s status as a military member or veteran, which may include:

  •  any recent military orders;

  •  a valid military ID;

  •  military discharge papers; or

  •  a Veteran’s Affairs ID card;

b.   documentation demonstrating the applicant’s status as a military spouse, which may include:

  •  a copy of the spouse’s most recent Permanent Change of Station (PCS) travel order to Texas; or

  •  a valid military ID for a spouse;

c.   documentation related to an administrator’s license or any other professional or occupational license the applicant currently holds outside of Texas, if applicable;

d.   a copy of the regulations pertaining to the current out-of-state administrator's license, if applicable; and

e.   any additional documentation, as applicable, to determine whether the applicant:

  •  meets a licensing requirement through some alternative method; or

  •  has prior military service, training, or education that may be credited toward a licensing requirement.

DFPS Rules, 40 TAC §745.9027

Procedure

Within 21 days of receiving the application for an administrator’s license and fees, Licensing staff updates the application status in CLASS, which generates an email notifying the applicant whether:

a.   Licensing received a complete set of application materials and fees and determined the applicant meets the initial qualifications and is eligible to take the licensing examination;

b.   Licensing received a complete set of application materials and fees and the applicant does not meet the initial qualifications and is not eligible to take the licensing examination; or

c.   the application is pending because it is incomplete and the materials submitted do not show compliance with relevant statutes and rules.

If the application remains incomplete for 12 months:

a.   the application expires;

b.   the applicant may not apply again for one year from the date that the incomplete application expired; and

c.   Licensing staff ensure that CLASS shows the application has the status of Lapsed, which triggers the system to generate and send an email to the applicant.

9211.2 Expedited Licensure If the Applicant is a Military Member, Spouse, or Veteran

LPPH March 2016

Licensing staff must expedite the application process when the applicant is a military member, spouse, or veteran. Staff must process a complete application from such a person no later than 21 days after receiving it and the person's background check fee.

DFPS Rules, 40 TAC §§745.8951; 745.9028

9212 Applicants Who Have an Administrator’s License from Another State

LPPH March 2016

Policy

Licensing staff may waive any prerequisite for an applicant to get an administrator’s license if the applicant has a valid administrator’s license from another state and:

a.   the other state’s license requirements are substantially equivalent to those in Texas; or

b.   there is a reciprocity agreement between Texas and the other state.

Licensing staff may issue a provisional child-care administrator’s license to an applicant licensed in another state who applies for a license in Texas. See 9250 Issuance of a Provisional Child-Care Administrator’s License.

Texas Human Resources Code §§43.0042; 43.0081

DFPS Rules, 40 TAC §745.8913

9213 Special Considerations for an Applicant Who Is a Military Member, Spouse, or Veteran

LPPH March 2016

Policy

The Assistant Commissioner for Licensing or designee may waive any prerequisite for a military member, spouse, or veteran to get an administrator's license if the applicant:

  •  currently holds a valid administrator’s license in another state whose license requirements are substantially equivalent to those in Texas; or

  •  held an administrator’s license in Texas within five years preceding the application date, and the credentials provide compelling justification that the applicant is qualified to act as a licensed administrator.

The Assistant Commissioner for Licensing or designee may also:

  •  credit a military member or veteran for verified military service, training, or education; or

  •  substitute any demonstrated competency a military member, spouse, or veteran has in order to meet the requirements, other than the exam requirement.

The applicant is not eligible to receive the credit:

  •  based on an administrator’s license in another jurisdiction that is restricted and, therefore, not substantially similar to an administrator's license in Texas; or

  •  if the applicant has criminal history or central registry history that would prohibit the applicant from obtaining an administrator’s license.

A license issued after granting any of these considerations would be considered a full license and not a provisional one.

DFPS Rules, 40 TAC §§745.696; 745.8913; 745.9026

9213.1 Waiving Application and Exam Fees

LPPH March 2016

Licensing waives application and exam fees for:

  •  a military member or veteran whose military service, training, or education substantially meets the qualifications for an administrator's license; or

  •  a military member, spouse, or veteran who holds a current license issued by another state whose license requirements are substantially equivalent to those in Texas.

DFPS Rules, 40 TAC §745.9026

9213.2 Special Considerations When a Military Member Applies to Renew

LPPH March 2016

Policy

A military member's administrative license is no longer valid after two years, but the license will be considered dormant until its renewal is requested or for two additional years, whichever comes first.

Additionally, the following considerations are applicable to the renewal of a military member's administrator's license:

  •  No continuing education will be required prior to renewal

  •  Late renewal fees under 40 TAC §745.9003(a)(2) and (3) will be waived if failure to renew the license on time was due to a military member's service.

To be eligible for these considerations, the military member must not have criminal history or central registry history that would prohibit the applicant from obtaining an administrator’s license.

DFPS Rules, 40 TAC §§745.696; 745.9029

9250 Issuance of a Provisional Child-Care Administrator’s License

LPPH March 2014

Policy

A provisional child-care administrator’s license is granted for a limited time pending the issuance of a full child-care administrator’s license.

Licensing staff may issue a provisional child-care administrator’s license to an applicant who:

a.   is licensed in good standing as a child-care administrator for at least two years in another state, the District of Columbia, a foreign country, or a territory of the United States that has licensing requirements that are substantially equivalent to those in Texas;

b.   has passed a national or other examination recognized by Licensing that demonstrates competence in the field of child-care administration; and

c.   is sponsored by a person licensed as a child-care administrator in the state of Texas. However, if Licensing staff determines the requirement to obtain a sponsor constitutes a hardship to the applicant, this requirement may be waived.

Texas Human Resources Code §43.0081

DFPS Rules, 40 TAC §745.8913

9251 Time Limit for A Provisional Child-Care Administrator’s License

LPPH March 2014

Policy

A provisional license is valid until the date the applicant is granted or denied a child-care administrator’s license.

Licensing must process a provisional child-care administrator’s license holder’s application for an administrator’s license no later than the 180th day after the date the provisional license is issued. Licensing may only extend the 180-day limit if the results of the license holder’s examination have not been received by Licensing.

Procedure

Licensing staff will issue a child-care administrator’s license when the applicant meets the requirements in 9400 Issuing a Child-Care Administrator’s License

Texas Human Resources Code §43.0081

9400 Issuing a Child-Care Administrator’s License

LPPH March 2014

Policy

Licensing staff will issue a child-care administrator’s license if:

a.   the applicant’s background check results do not contain criminal history or central registry findings that preclude the person from being present in the operation;

b.   the applicant has the academic and experience requirements for an administrator’s license;

c.   the applicant passes the licensing administrator’s examination;

d.   the applicant pays the application and background check fees; and

e.   the applicant meets any other child-care administrator’s license requirements.

If the applicant does not meet the requirements to receive a child-care administrator’s license, licensing staff may deny the application.

See 9700 Remedial Action on an Administrator’s License

Texas Human Resources Code §43.004

DFPS Rules, 40 TAC §745.8933

9500 Renewing an Administrator’s License

9510 Training Requirements for an Administrator’s License

LPPH November 2008

Policy

Licensing staff review training documentation submitted by licensed administrators before approving a request to renew an Administrator’s License.

Procedure

Staff review training documentation to ensure the following:

  •  The licensed administrator obtained 15 hours of training each year of the two-year renewal cycle 

  •  The training was designed for professional-level staff. Training designed for direct care staff is not acceptable.

  •  The training was directly related to residential child care or business management. 

  •  The subject of the training was not an organization’s policies and procedures. 

  •  The licensed administrator participated in the training. Training credit is not given for presenting training to others.

If a licensed administrator has not submitted enough acceptable training for each of the two years in his or her renewal cycle:

  •  Licensing staff contact the administrator and ask him or her to submit additional training documentation.

  •  The Licensed Administrator database generates a letter to the administrator notifying him or her that the renewal is pending, due to insufficient training hours.

  •  If the administrator cannot submit documentation verifying that training requirements were met, Licensing staff ask the administrator to confirm in writing that he or she has no other training documentation to submit for the time period.

  •  Remedial action is taken. See 9600 Remedial Action on an Administrator’s License.

9520 Inactive Status for an Administrator’s License

LPPH November 2008

Policy

Licensed administrators who are on inactive status for an entire renewal period are not required to submit training documentation for that period. 

If an administrator was on active status for only a portion of the renewal period, the training requirement is prorated. 

Administrators on inactive status pay lower renewal fees and are not required to undergo a background check. 

Procedure

A licensed administrator must submit a request to change his or her license status in writing. Licensing must have a written record of the requests in order to prevent miscommunication and to hold the licensed administrator accountable for training requirements. (E-mails and faxes are considered written requests.)

When an administrator switches from inactive to active status in the middle of a renewal period, he or she must pay the appropriate fee and submit a background check request. The training requirement is prorated. For example, if an administrator switches to inactive status six months after renewing his or her license, and the status remains inactive for the rest of the renewal period, only 7.5 hours of training is required. (For an additional example, see 9430 Renewal Fees for an Administrator’s License.)

See Texas Administrative Code, §745.9007, for details on changing a license status from inactive to active.

9530 Renewal Fees for an Administrator’s License

LPPH November 2008

Policy

While training requirements for an Administrator’s License are based on the renewal period that just ended, renewal fees are based on the license status that the administrator requests for the coming period. For fee schedules, see §745.9003 and §745.9005 of the Texas Administrative Code.

Procedure

To assess late fees, Licensing staff follow these guidelines:

  •  Accept a renewal request postmarked on or before the license’s expiration date.

  •  Assess late fees only when the administrator initiates the renewal process after his or her license expires (assess higher late fees when the request is initiated 90 days or more past the expiration date). Do not assess late fees if the administrator initiates a timely renewal and the renewal remains pending after his or her license expires.

  •  Assess late fees, even if an administrator did not receive a notice from Licensing about a license’s expiration or impending expiration. Licensed administrators are accountable for renewing on time.

Example of Assessing Late Fees

An example of assessing late fees follows:

John Smith submits a request to renew his license. During his most recent renewal period, he was on active status for the first year, and then switched to inactive status. He is now asking to be placed back on active status. Unfortunately, he is renewing 30 days late. In this case, Mr. Smith owes 15 training hours (pro-rated for the one year that he was on active status) and $75 (because he is submitting a late request to renew his license on active status). Mr. Smith must have obtained all of the required training hours during the 12 months that he was on active status.

9540 Background Checks for an Administrator’s License

LPPH November 2008

Policy

A background check is conducted on each licensed administrator who requests renewal of an Administrator’s License on active status, even if the person has had a background check under a licensed residential child care operation within the last 48 months.

If a licensed administrator has a background check match that violates minimum standards rules and is not subject to a risk evaluation, remedial action is initiated. See 5350 Acting on the Results of a Criminal History Check.

Procedure

The procedures for background checks are as follows:

  •  Run a background check on each licensed administrator requesting renewal on active status, regardless of whether the administrator is affiliated with a licensed residential child care operation. 

  •  Do not charge a fee for the additional background check for a licensed administrator who has had a background check under a licensed residential child care operation within the last 48 months.

  •  If an administrator has a background check match that violates minimum standards rules and is not subject to a risk evaluation, the Centralized Background Check Unit (CBCU) notifies the administrator about the match by letter and notifies the Licensed Administrator program about the match by e-mail.

      A remedial action of either revocation or refusal to renew is initiated. See 9600 Remedial Action on an Administrator’s License.

  •  If an administrator has a background check match that violates minimum standards rules and is subject to a risk evaluation, the type of follow-up depends on whether the administrator is affiliated with a licensed residential child care operation.

      The CBCU notifies the administrator about the match by letter; and notifies the Licensed Administrator program about the match by e-mail. 

  •  If the administrator is not affiliated with a licensed residential child care operation, the Administrator’s License is renewed, if the administrator would otherwise be eligible for renewal. No risk evaluation is conducted, unless or until the administrator becomes affiliated with an operation licensed by DFPS’s Residential Child Care Licensing Division (RCCL). 

  •  If the administrator is affiliated with an operation licensed by RCCL, the operation must submit the request for a risk evaluation to the CBCU. The CBCU notifies the Licensed Administrator program about the results of the risk evaluation. Licensing staff do not renew a license while the risk evaluation is pending. Staff delay renewal until the risk evaluation is complete and approved.

If a license is renewed for an administrator who has a background check match requiring a risk evaluation and the administrator is not affiliated with a licensed residential child care operation, Licensing staff notify the CBCU. The CBCU maintains a list of these administrators, so that the CBCU knows when the Licensed Administrator program needs to be notified about the results of a risk evaluation.

9550 Lapsed Administrator’s Licenses

LPPH November 2008

Policy

An Administrator’s License lapses after it has been expired for one year. 

A lapsed Administrator’s License cannot be renewed.

Texas Human Resources Code (HRC), §43.009

Procedure

If a person with a lapsed Administrator’s License contacts Licensing staff to renew his or her license, Licensing staff inform the person that he or she must apply for a new license.

The only exception is active military personnel who are exempt from renewal requirements as specified in §745.9015 of the Texas Administrative Code.

9600 Emeritus Status for an Administrator’s License

LPPH October 2011

Policy

An emeritus license is an honorary license for a person who had an Administrator’s License and no longer serves as an administrator.

Emeritus status is primarily designed for persons who have retired.

An emeritus license is valid for the lifetime of the licensee.

Renewal and reporting requirements do not apply.

A person cannot act as a licensed administrator with an emeritus license.

Procedure

To receive an emeritus license, a licensed administrator submits a written request.

An emeritus license is granted only when the administrator:

  •   is at least 55 years old or has a permanent physical or medical disability;

  •   has a valid Administrator’s License and has no remedial action or pending remedial action against the license; and

  •   is no longer engaged in professional residential child care.

If the administrator decides to act as a licensed administrator again after obtaining an emeritus license, he or she must apply for a new license.

9700 Remedial Action on an Administrator’s License

LPPH March 2014

Policy

Licensing may take remedial action against an administrator’s license when the administrator or applicant:

a.   violates a term under Human Resources Code (HRC) Chapter 43 or a Licensing rule;

b.   circumvents or attempts to circumvent the requirements of HRC Chapter 43 or a Licensing rule;

c.   engages in fraud or deceit related to a requirement in HRC Chapter 43 or a Licensing rule;

d.   provides false or misleading information to Licensing during the application or renewal process for an administrator’s license;

e.   makes a statement about a material fact during the application or renewal process that the applicant or licensed administrator knows or should know is false;

f.    has a criminal history or central registry record that:

  •  prohibits the administrator or applicant for an administrator’s license from working at a facility; or

  •  is relevant to the duties of a licensed administrator that are specified in rule;

g.   uses drugs or alcohol in a manner that jeopardizes the administrator’s or applicant’s ability to function as an administrator;

h.   performs duties as a licensed administrator in a negligent manner; or

i.    is ineligible to be a controlling person at a child care operation.

See:

5330 Acting on Abuse or Neglect Findings

5350 Acting on the Results of a Criminal History Check

5411.1 Persons Who Are Ineligible to Be a Controlling Person

Texas Human Resources Code §43.010

40 Texas Administrative Code §745.9037

9710 Types of Actions on an Administrator’s License

LPPH November 2008

Policy

The six types of remedial action defined in §745.9031 of the Texas Administrative Code, are as follows:

Reprimand – Licensing staff send a letter of reprimand. The letter must include the contents listed in §745.9033 of the Texas Administrative Code. Further disciplinary actions may result from future violations.

Probation – Licensing imposes probation for a specific period of time. Licensing may impose conditions on a term of probation. Licensing may require the licensed administrator to report to Licensing regularly about the conditions of his or her probation. Licensing may place a licensed administrator on probation only once during a two-year renewal period. Licensing may suspend or revoke the license if the conditions of the probation are not met.

Refusal to Renew License – Licensing does not renew an Administrator’s License if the applicant is not in compliance with the laws or rules governing the license, even if the applicant otherwise qualifies for renewal.

Suspension – Licensing suspends an Administrator’s License for a specified period of time. Licensing may require corrective action during the suspension period. Licensing may revoke the license if the person does not complete the corrective actions required as part of the suspension.

Revocation – Licensing revokes an Administrator’s License. The person may not apply for another Administrator’s License for five years.

License Denial – Licensing denies an Administrator’s License.

9720 Choosing a Remedial Action for an Administrator’s License

LPPH March 2014

Procedure

In general, Licensing staff consider the following factors when deciding which remedial action is most appropriate:

a.   The nature of the violation

b.   The severity of the violation

c.   The administrator’s history with Licensing

d.   The administrator’s history with the DFPS Licensed Administrator program

Letters of reprimand are most often used for minor rule violations, particularly if the violation is unintentional. Failure to obtain enough acceptable training hours is the most common reason for a letter of reprimand.

Letters of reprimand are written and sent manually, not automatically generated by the CLASS system.

Revocation most often occurs as the result of:

  •  a Reason to Believe finding against the licensed administrator; or

  •  the revocation of a license for an operation for which the licensed administrator is responsible.

If Licensing staff revoke an Administrator’s License based on another Licensing action, both actions are taken simultaneously. Any due process for both actions is combined. This applies to either the actions listed above or the designation as a controlling person.

The Licensed Administrator database does not distinguish between a person with a pending remedial action and a person with a finalized remedial action. If an intent to revoke is overturned, Licensing staff must ask Information Resources Management (IRM), DFPS’s information technology group, to remove the revocation code from the database.

9730 Tracking Due Process for an Administrator’s License

LPPH November 2008

Procedure

Licensing staff manually track due process for remedial action against a licensed administrator.

Licensing staff send all notice letters to the licensed administrator by both regular and certified mail, with a return receipt requested. The return receipt serves as evidence that the administrator has received the letter. It is also used by staff to calculate the deadline to request an administrative review or a hearing before the State Office of Administrative Hearings (SOAH).

Although the Licensed Administrator database automatically generates all notice letters (except letters of reprimand), Licensing staff must ensure that the letters are dated correctly and sent at the appropriate time.

9800 Storing and Purging Closed Records for an Administrator’s License

LPPH November 2008

Procedure

Licensing staff store the closed paper files for administrator licenses separately from the active paper files.

Note on the file tab the date and reason the file was closed. Do not use pencil to record the reason a file was closed or to record any other information in or on the paper file.

If a case is closed as a result of remedial action, the paper file is not closed until all due process has been waived or has resulted in the decision being upheld.

Colored dots may be used to easily identify when paper files must be purged. For example, a blue dot may be used to represent one year, a green dot may be used to represent another year, and so on.

Paper files are purged after they have been closed for at least 24 months. Both the paper and electronic versions are then purged. 

Licensing staff contact DFPS’s Records and Information Management Division for more information about the purging process. Records Management must receive and approve certain paperwork before records may be purged.

If the DFPS Licensed Administrator program determines that a paper file must not be purged as scheduled, Licensing staff complete a Request to Delay Record Purge and send it to the director of Residential Child Care Licensing for approval:

Licensed Child Care Administrator Request to Delay File Purge

File Name: _______ (administrator’s name) Date: ___________ (date of request)

Request Purge Delay Until: indefinite (or other identified time frame)

Reason for Request: ________ (administrator’s name) has a Reason to Believe finding for neglect which was upheld by SOAH and for which a risk evaluation was denied. While serving as the administrator of the ________ (center name), ________ (administrator’s name) took it upon himself to investigate an allegation that a staff member sexually assaulted a resident. ________ (administrator’s name) considered the allegation unfounded, transferred ________ (staff member’s name) to another unit, and never reported the allegation to DFPS or to law enforcement.

Considering that, according to §745.711 of the Texas Administrative Code, all risk evaluation results are final, I request that we maintain __________’s (administrator’s name) record indefinitely so that this information can be retrieved if he ever applies to DFPS for another license.

Staff signature:                                                                         Date:                        

Director approval: _________________________________  Date:____________

9900 Reports and Directories for the Licensed Administrator Program

9910 Reports to Management Reporting and Statistics

LPPH November 2008

Procedure

Staff submit statistical reports to Management Reporting and Statistics (MRS) each month. 

The reports consist of one Excel spreadsheet for licensed child-care administrators and one for licensed child-placing agency administrators. 

Information for the monthly reports is obtained from the reports generated by the Licensed Administrator database.

The reports are sent by e-mail to the Reports e-mail box.

9920 THECB Annual Report of Exam Results

LPPH November 2008

Policy

Each year the Texas Higher Education Coordinating Board (THECB) requests data from Licensing regarding exam results for the previous year. 

Staff submit the requested data to THECB by the deadline indicated in the THECB request.

Procedure

Licensing provides a report to THECB that indicates the following for each person who has taken an exam during the reporting period:

College or university attended

Degree earned

Date of each exam taken

Score earned on each exam

Only applicants who have taken an exam during the reporting period are included in the report. 

9930 Licensed Administrator Directories

LPPH November 2008

Policy

DFPS offers two directories, one for Licensed Child Care Administrators and one for Licensed Child-Placing Agency Administrators

Procedure

The directories are not connected to the Licensed Administrator database, so they are updated manually.

At least quarterly, Licensing staff run a query in the Licensed Administrator database to generate a current list for each directory.

The query omits persons with pending remedial actions, so staff manually add those persons to the directory before sending the new list on to the Web master for publication.

<<Previous Page

Next Page>>