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» Revision Memos Most Recent Revisions Child Protective Services APS In-Home Investigations APS Facility Investigations Child Care Licensing Statewide Intake Asset Management Title IV-E Training Title IV-E County » Handbooks Child Protective Services CPS Contents CPS 1000 CPS 2000 CPS 3000 CPS 4000 CPS 5000 CPS 6000 CPS 7000 CPS 8000 CPS 9000 CPS 10000 CPS 15000 CPS Appendices Adult Protective Services In-Home Investigations APS In-Home Contents APS In-Home 1000 APS In-Home 2000 APS In-Home 3000 APS In-Home 4000 APS In-Home 5000 Appendices Adult Protective Services Facility Investigations APS Facility Contents APS Facility 1000 APS Facility 2000 APS Facility 3000 APS Facility 4000 APS Facility 5000 APS Facility 6000 APS Facility 7000 APS Facility 8000 Appendices Statewide Intake SWI Contents SWI 1000 SWI 2000 SWI 3000 SWI 4000 SWI 5000 SWI 6000 SWI 7000 Child Care Licensing Licensing Contents Licensing 1000 Licensing 2000 Licensing 3000 Licensing 4000 Licensing 5000 Licensing 6000 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settings X-Small Smaller Medium (Default) Large Larger X-Large XX-Large XXX-Large Extreme	Licensing Policy and Procedures Handbook Section 1000 1000 Legal Basis, Regulated Programs, Records, and Technology 1100 DFPS Regulatory Authority 1110 Licensing's Regulatory Activities 1120 Legal Support for Policies and Procedures 1121 District and Regional Procedures 1122 Licensing Statutes 1123 Licensing Rules (Texas Administrative Code) 1123.1 Chapters in the Texas Administrative Code Applicable to Licensing 1130 Ethics of Regulation 1140 Operations and Activities Regulated by Licensing 1141 Types of Child Day Care Operations 1142 Types of Residential Child Care 1143 Types of Licensed Administrators 1200 Application Security for CLASS and IMPACT 1210 Assigning Security Roles in CLASS 1220 Assigning a Designee in CLASS and IMPACT 1221 Maximum Number of Designees in CLASS and IMPACT 1222 Time Limitations for Designees in CLASS and IMPACT 1230 Reassigning Cases, Deactivating Accounts, and Removing Roles in CLASS and IMPACT 1231 Reassigning Cases in CLASS and IMPACT 1232 Deactivating CLASS Accounts for Lack of Use 1233 Removing Rights to CLASS When an Employee Transfers Within DFPS 1234 Removing Rights to CLASS When an Employee Voluntarily Leaves DFPS Employment 1235 Removing Rights to CLASS and IMPACT When an Employee Is Involuntarily Terminated 1300 Licensing Records 1310 The Content and Organization of Licensing Records 1320 Custody of Licensing Records 1321 Assigning, Reassigning, and Transferring Records 1330 Records Retention 1400 Digital Cameras and Photographs 1410 Use of Digital Cameras Owned by DFPS 1411 Appropriate Use of a Camera 1412 Inappropriate Use of a Camera 1420 Taking Photographs That Present Better Evidence 1421 Photographs of a Facility, House, Room, or Yard 1422 Photos of Children 1422.1 Witness Required for Sensitive Photographs 1423 General Reminders for Taking Photographs 1424 Overcoming an Operation's Resistance to Being Photographed 1430 Documenting and Storing Digital Photographs From Inspections or Non-Abuse or Neglect Investigations 1431 Documenting Photographs from Inspections or Non-Abuse or Neglect Investigations 1432 Storing Photographs From Inspections or Non-Abuse or Neglect Investigations 1433 Documenting and Storing Printed Photographs Received From an Outside Source 1440 Digital Photographs for Abuse or Neglect Investigations 1441 CD Storage of Digital Photographs for Abuse or Neglect Investigations 1442 Documenting Photographs From Abuse or Neglect Investigations 1443 IMPACT Storage of Digital Photographs From Abuse or Neglect Investigations 1444 Documenting and Storing Printed Photographs Received From an Outside Source 1450 Printing and Destroying Digital Photographs Section 2000 2000 Handling Inquiries About the Licensing Process and Exemptions 2100 Providing Information About the Licensing Processes 2110 Conducting the Pre-Application Interview for a Childcare Permit 2111 Topics Covered During the Pre-Application Interview for a Child Care Permit 2111.1 Additional Topics Covered for Independent Foster Home Applicants 2112 Approved Locations for a Pre-Application Interview for a Child Care Permit 2113 Providing the Application for a Child Care Permit 2114 Forms and Additional Information - Pre-Application Interview for a Child Care Permit 2200 Types of Child Care Permits and Multiple Operations 2210 Permits Required for Child Day Care 2211 Child Day Care Homes Subject to Listing and Registration 2220 Permits Required for Residential Child Care 2230 Operating Multiple Day Care Services Under One Permit 2231 Other Services That May Be Offered Under One Day Care Permit 2232 Requirements for Offering Multiple Services Under One Day Care Permit 2240 Operating a Child Care Home and a Day Care Center at One Location Under Two Licenses 2241 Additional Issues Related to Operating a Child Care Home and a Day Care Center at One Location Under Two Licenses 2250 Operating More Than One Licensed Child-Care Home 2251 Defining What Qualifies a Child Care Home as Separate 2260 Operations That Are Not Contiguous 2261 Child Day Care Operations That Are Not Contiguous 2262 Residential Care Operations That Are Not Contiguous 2262.1 Defining Multiple Residential Care Operations as the Same Operation 2263 Evaluating Child-Placing Services 2270 Residential Child-Care Operations That Also Provide Child Day Care 2271 General Residential Operations That Also Provide Child Day Care 2272 Extended Child Day Care 2280 State-Operated Facilities Exempt From Licensure 2300 Facilities Exempt From Regulation 2310 Determining Whether a Home or Facility Is Exempt From Regulation 2311 Determining the Exemption 2312 Processing the Exemption 2312.1 Operation Claims to Be Exempt 2312.2 Educational Facility Is Exempt 2312.3 A Regulated Program Operates at the Same Location as an Educational Facility That Is Exempt 2312.4 Program Is Not Exempt 2312.5 A Program Disagrees That it Is Not Exempt 2312.6 A Program Does Not Meet the Requirements for Exemption 2313 Documenting Exemption Decisions in CLASS 2314 Documenting Supplements to an Exemption Decision 2315 Closing an Exempt Operation in CLASS 2313 Documenting Exemption Decisions 2320 When Exempt Facilities and Homes Request Regulation 2330 Exempt Facilities That Operate in the Same Locations as Regulated Facilities 2340 Operations Not Regulated by DFPS Because They Are Regulated by Other Governmental Entities 2341 A Facility on a Federal Installation 2342 State-Operated Programs Not Regulated by Licensing 2342.1 Correctional Facilities Not Regulated by Licensing 2342.2 Treatment Facilities Not Regulated by Licensing 2342.3 Youth Camps Not Regulated by DFPS Licensing 2342.31 Youth Camps Licensed by DSHS Are Exempt From DFPS Licensing 2342.32 Youth Camps Exempt From DSHS Licensing (Higher Education) Are Exempt From DFPS Licensing 2342.33 Youth Camps Exempt From DSHS Licensing (Recreational) Are Exempt From DFPS Licensing 2350 Programs of Limited Duration That Are Exempt From Licensure and Certification 2360 Educational Programs That Are Exempt From Regulation and Certification by DFPS 2361 Standard Educational Programs That Are Exempt From Regulation by DFPS 2362 Actions Taken by the Accrediting Organization When an Educational Program or Operation Is Exempt 2370 Miscellaneous Programs Exempt From Licensure and Certification 2371 Operations Exempt by Law From DFPS Licensing 2371.1 A Foster Home or Foster Group Home Regulated by a CPA Is Exempt by Law 2371.2 Certain State-Operated Facilities Are Exempt by Law 2371.3 A Family Home (Registered or Listed) Is Exempt by Law 2371.4 Certain Annual Youth Camps Are Exempt by Law 2372 When an Exempt Educational Program or Operation Must Obtain a Permit 2372.1 Additional Exemption Criteria for Educational Programs or Operations That Provide Residential Child Care Section 3000 3000 Application and Issuance 3100 Regulatory Process for Operations 3110 Requirements for Assessment of Risk 3120 Documentation 3130 The Application Process 3200 Processing the Application for a License, Certificate, Registration, or Listing Permit 3210 Time Limit for Issuance of a Permit 3211 Time Frame for Issuance or Denial 3212 Good Cause to Exceed the Time Frame 3220 Contents of a Complete Application 3230 Steps for Issuance or Denial 3240 Reviewing and Accepting the Application for a Permit 3241 How to Determine Whether the Applicant Is Eligible to Apply 3242 How to Evaluate the Application 3243 Checking the Application for Errors and Omissions 3243.1 If the Application Is Incomplete or Contains Errors 3243.2 Resolving Errors and Omissions 3243.3 Handling Applications Returned for the Third Time in a Year 3250 Withdrawal of an Application for a Permit 3251 Withdrawal of an Application for an Operation That Is Not Providing Care 3252 Withdrawal and Resubmission of an Application for an Operation That Is Providing Care 3252 Withdrawal and Resubmission of an Application for an Operation That Is Providing Care 3252.2 When Withdrawal and Immediate Resubmission Is Not Permitted 3252.21 Basis to Deny an Application 3252.3 How and When to Resubmit 3253 Failure to Withdraw an Application for an Operation That Is Providing Care 3253.1 Noncompliance and Required Actions 3253.2 Circumstances That Require Denial of the Application 3300 Process for Issuance of an Initial License, Non-Expiring License, or Certificate 3310 License Application 3311 Application for a Licensed Child Day Care Operation 3312 Application for a License to Operate a Residential Child-Care Operation 3313 Accepting the Application 3314 Explaining Governing Body Responsibilities – License or Certificate 3315 Evaluating Director Qualifications for Licensed Child Day Care Operations 3315.1 Evaluating Director Qualifications for Licensed Child Day Care Centers 3315.11 When to Evaluate Qualifications 3315.12 How to Evaluate Qualifications 3315.13 Imposing Conditions When Operations Are on Corrective Action 3315.14 Restrictions on Roles of Directors 3315.15 Handling Documents Pertaining to Qualifications 3315.16 Consequence of Failure to Submit Forms 3315.2 Evaluating Director Qualifications for Licensed Child Day Care Homes 3315.21 Roles of Directors and Primary Caregivers 3315.22 Issuing a Director's Certificate 3315.23 When One Person Oversees More Than One Operation 3315.24 Imposing Conditions When Operations Are on Corrective Action 3315.25 When a Director Does Not Meet Qualifications 3315.26 When to Evaluate Qualifications 3315.27 How to Evaluate Qualifications 3315.28 Handling Documents Pertaining to Qualifications 3315.29 Consequence of Failure to Submit Forms 3316 License Requirements 3316.1 Initial License 3316.2 Non-Expiring License 3316.21 When to Issue a License 3316.22 How Operations Qualify for a Non-Expiring License 3320 Activities Before Issuance of a License or Certificate 3321 Evaluating Before Issuing an Initial or Non-Expiring License or Certificate 3321.1 Tasks Performed by the Inspector 3321.2 Recommending Denial of Application 3322 Residential Child Care Applicants and Permit Holders Subject to Requirement for Public Notice and Hearing 3322.1 Public Notice and Hearing Requirements for Residential Licensing 3322.11 When to Publish Notice 3322.12 Content Required in the Notice 3322.13 Holding the Public Hearing 3322.14 Licensing's Role During the Hearing 3322.2 Report of Public Comment From the Community 3322.21 How to Submit the Report 3322.22 Contents of the Report 3322.3 Denial of an Application or Amendment for Failure to Comply With Public Notice and Hearing Rules 3322.4 Public Notice and Hearing Requirements for a Child-Placing Agency Verifying an Agency Home 3323 Liability Insurance 3323.1 Coverage Required of Permit Holders 3323.11 Basis for Suspension or Revocation 3323.12 Exceptions to Insurance Requirements 3323.2 Evaluating Compliance With Liability Insurance Coverage Requirements 3323.3 Exceptions to Liability Insurance Coverage 3323.31 When Insurance Cannot Be Obtained 3323.32 Legitimate Reasons for Exceptions to Suspension or Revocation 3323.33 Requirements of the Permit Holder 3323.34 Documentation and Notification Required by Licensing 3324 Conducting Inspections During the Application Phase for a License or Certificate 3324.1 Time Frame 3324.2 When to Announce an Inspection 3324.3 Abbreviated Inspection 3324.4 Evaluating Compliance 3324.41 Forms and Checklists 3324.42 Guidelines for Evaluation 3324.43 Initiating the Inspection 3324.44 Handling Deficiencies 3324.45 Handling Obstruction 3330 Issuance of a License or Certificate 3331 Preparing the Initial License 3331.1 Child Day Care 3331.2 Residential Child Care 3331.21 Types of Services Included as Restrictions 3332 Setting Special Conditions on the License or Certificate 3332.1 When Temporary Conditions Are Appropriate 3332.2 When Law Enforcement Contacts a Child-Placing Agency for Placement of a Child 3332.3 Types of Conditions 3332.31 Fire and Sanitation Reports and Other Local Ordinances 3332.32 Results of Background Checks 3332.33 Deficiencies Require Limits on Specific Activities 3332.34 Include a Service 3332.35 Emergency Services 3332.36 Amend the Permit When Necessary 3340 Evaluating During the Initial License Period 3341 Conducting Inspections During Initial License Period 3341.1 Purpose 3341.2 Frequency 3341.3 Time Frame for Final Inspection 3341.4 First Inspection 3342 Renewing an Initial License 3342.1 Renewing the Initial License 3342.2 How to Renew a License 3343 Time Limit for Issuance of a Non-Expiring License 3343.1 Criteria for Issuance 3343.2 Establishing Continued Compliance 3343.3 Decision Not to Recommend Issuance 3343.4 Denying an Application or Delaying a Decision 3400 Process for Issuance of Permits to State Operated Operations 3410 Certified Operations 3500 Process for Issuance of a Registration Permit 3510 Registration Permit Application 3511 Time Frame 3512 When to Accept the Application 3513 Content of a Completed Application 3514 Criteria for Acceptance of Application 3515 Incomplete Applications 3516 Notification That the Application Is Complete 3517 Required Orientation or Pre-Application Interview 3518 When Not to Accept an Application 3520 Orientation for Registered Child-Care Homes 3521 Requisite for Acceptance of Application 3522 Time Frame 3523 Persons Registered Before July 1990 or Licensed Before September 2003 3524 Handling Original Certificates of Completion 3525 Consequence of Failure to Attend 3530 Evaluating for Issuance of a Registration Permit 3531 Requisite for Issuance 3540 Conducting Inspections During the Application Phase for a Registration Permit 3541 Time Frame 3542 Announcement of Visit 3543 Evaluating Compliance 3544 Planning Contacts and Explaining Criteria for Evaluation 3545 Addressing Deficiencies and Other Findings 3550 Preparing the Registration Permit 3551 Setting Special Conditions on the Registration Permit 3551.1 When Special Conditions May Be Set 3551.2 Amending or Reissuing a Permit 3600 Process for Issuance of a Listing Permit 3610 Listing Application 3611 Contents of Application 3612 Time Frame for Licensing's Response 3613 When Not to Accept an Application 3614 Reimbursement for Cost of Publication of Revocation 3615 Orientation Not Required 3620 Evaluating for Issuance of a Listing Permit 3630 Preparing the Listing Permit 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 3711 Types of Deficiencies That Cannot Be Corrected 3712 Deficiency for Which Correction Will Exceed Application Time Frame 3713 Compliance History Indicates Inability to Meet Minimum Standard Rules 3714 Failure to Meet the Requirements of Public Notice or Hearing Laws 3720 Application Received When a Denial Was Effective Before September 1, 2005 3730 Application for a Child Day Care Permit Is Received When a Denial or Revocation Was Effective On or After September 1, 2009 3731 Criteria for Acceptance of an Application 3732 Requirement That the Operation Be Closed Pending Issuance 3733 Reimbursement for Publishing the Notice of Revocation 3740 Application for a Residential Child Care Permit Is Received When a Denial or Revocation Was Effective After September 1, 2005 3741 Criteria for Acceptance of an Application 3741.1 Requirement That the Operation Be Closed Pending Issuance 3742 Reimbursement for Publishing the Notice of Revocation 3743 Compliance History Indicates Inability to Meet Minimum Standard Rules 3800 Handling Changes in an Operation 3810 Changes Affecting a License, Certificate, or Registration Permit 3811 When Change Poses Risk to Children 3812 When Prior Notification of Change Is Required of Governing Bodies 3813 Amendment of Permit to Increase Capacity 3814 Approval Required Before Change Is Implemented 3815 Amendment as an Adverse Action 3816 Administrative Review and Appeal 3820 Handling Changes to a License, Certificate, or Registration Permit 3821 How to Address Plans for Change 3822 Documenting Changes in CLASS and the Child Day Care Licensing Application 3823 How to Amend the Permit 3824 When to Amend a Permit 3825 How to Deny a Permit 3900 Handling Changes in the Type of Permit, Location and Ownership 3910 Changes in Type of Permit 3911 Establishing Compliance With Minimum Standard Rules 3912 Types of Changes 3913 When a Permit Is Added or Replaced 3914 Public Notice and Hearing Requirements 3915 Documentation in CLASS 3920 Change of an Operation's Location 3921 Time Frames for Notification and Subsequent Actions 3921.1 Child-Placing Agency 3921.2 Listed Operation 3921.3 Registered Operation 3922 Relocation of a Licensed or Certified Operation Other Than a CPA 3922.1 Residential Child-Care Operation 3923 Relocation of a Child-Placing Agency 3924 Relocation of a Registered or Listed Operation 3930 Change of Ownership 3931 Confirmation of Change and Reapplication for Permit 3932 When Operations Are Ineligible for Grandfather Provisions if Ownership Changes 3932.1 Child Day Care 3932.2 Residential Child-Care 3933 Steps to Process an Application Section 4000 4000 Inspections 4100 Inspecting Child-Care Homes and Operations 4110 The Authority to Monitor Child Care in Texas 4120 Types of Inspections 4121 Application Inspections 4122 Attempted Inspections 4123 Follow-Up Inspections 4124 Initial Inspections 4125 Investigation Inspections 4126 Monitoring Inspections 4127 Other Types of Inspections 4130 Preparing for the Inspection 4131 Frequency of Monitoring Inspections for Licensed Operations 4131.1 Residential Child Care - Monitoring Inspections for CPA Branch Offices 4131.2 Residential Child Care - Team Inspections 4131.3 Child Day Care - Annual Meeting with the Designated Director 4132 Frequency of Monitoring Inspections for Registered Child-Care Homes 4133 When to Conduct Monitoring Inspections for Listed Family Homes 4134 Recommended Monitoring Frequency 4140 Conducting the Inspection 4141 Reviewing the Records of an Operation 4142 Handling Resistance or Refusal to Allow Inspection 4143 Documenting an Attempt to Inspect 4144 Avoiding Duplication of Child Day-Care Inspections by State Agencies 4145 Child Day-Care Inspections Performed by Political Subdivisions 4150 Documenting the Results of an Inspection 4151 Documenting a Review of the Conditions 4152 Documenting Inspection Results on CLASS Form 2936 Child-Care Facility Inspection 4153 Completing a Supplemental Inspection Form 4160 Conducting the Exit Conference 4161 Discussing the Results of an Inspection 4162 Signing and Providing a Copy of Form 2936 Child Care Facility Inspection 4163 Posting the Day Care Inspection Form or Assessment Form 4200 Citing Deficiencies With an Assessment 4300 Conducting a Follow-Up With an Operation 4310 How to Conduct a Follow-Up With an Operation 4311 When a Follow-Up Inspection Is Required 4312 When a Follow-Up Inspection Is Not Required 4313 When an Operation Continues to Be Deficient 4320 Exceptions to Time Frames for Completing a Follow-Up With an Operation 4321 Granting Staff Additional Time to Complete a Follow-Up With an Operation 4322 Granting an Operation Additional Time to Comply With a Requirement Cited as a Deficiency 4330 The Provider Plan of Action 4331 Developing a Provider Plan of Action 4332 Following Up on the Provider Plan of Action 4333 Determining Completion of the Provider Plan of Action 4334 Documenting the Provider Plan of Action in CLASS 4340 Sending a Warning Letter and Following Up With an Inspection 4400 Monitoring Special Types of Operations 4410 Monitoring Certified (State-Operated) Child-Care Operations 4420 Monitoring Child-Placing Agencies 4420.1 Monitoring CPAs That Conduct International Adoptions 4420.2 Certifying the Licensing Status of a Child-Placing Agency for International Adoptions 4421 Conducting Enforcement Team Conferences 4421.1 Time Frame for Conducting an Enforcement Team Conference 4421.11 Individual Branch Reviews 4421.12 Closed Branch Offices 4421.2 Requirements of an Enforcement Team Conference 4421.3 Conference Participants and Duties for the Enforcement Team Conference 4421.31 Responsibilities of the Monitoring Supervisor for the CPA's Main Office 4421.32 Responsibilities of the CPA Main Office Inspector 4421.33 Responsibilities of the Monitoring Supervisor and Inspector of a CPA Branch Office 4421.34 Responsibilities of an Investigation Supervisor 4422 Random-Sample Monitoring of CPA Foster Homes 4423 Using Random-Sample Monitoring to Regulate a Child-Placing Agency 4423.1 Citing Deficiencies Based on Random-Sampling Inspection Results 4424 Selecting CPA Foster Homes for Random-Sampling Inspections 4424.1 Pre-Screening CPA Foster Homes Selected for Random-Sampling Inspections 4424.2 When a Foster Home is Screened Out 4425 Preparing for a Random-Sampling Inspection 4425.1 Requesting CPA Foster Home Records in Preparation for a Random-Sampling Inspection 4425.11 If Requested Records Are Not Received Within Five Days 4425.2 Reviewing CPA Foster Home Records in Preparation for a Random-Sampling Inspection 4425.3 Scheduling Random-Sampling Inspections 4426 Conducting Random-Sampling Inspections at CPA Foster Homes 4426.1 Immediate Hazards 4426.2 When Abuse or Neglect Is Reported or Observed 4426.3 Attempted Inspections 4427 Documenting Random-Sampling Inspections 4427.1 Documenting an Attempted Random-Sampling Inspection of a CPA Foster Home 4428 Retaining Records of Random-Sampling Inspections 4500 Evaluating Risk to Children 4510 The CLASS Risk Review and Enforcement Recommendations 4511 Enforcement Action Options 4512 Acting on Enforcement Recommendations 4512.1 Actions Requiring Supervisory Approval 4512.2 Supervisor Responsibilities 4700 Reviewing Operation Policies 4800 Requesting a Risk Analysis Section 5000 5000 Administrative Actions 5100 Waivers and Variances 5110 Decision Guidelines for Granting Waivers or Variances 5120 Setting and Monitoring Conditions for the Waiver or Variance 5130 Review of Conditions or Denied Request for a Waiver or Variance 5140 Rescinding or Amending a Waiver or Variance 5200 Fees 5210 Types of Fees 5211 Exemptions From Fees 5212 Requesting and Processing Application and Initial Fees 5213 Requesting and Processing the First Annual Fee 5214 Nonpayment of Annual Fees 5220 Fee Schedules 5221 Licensed Operations Fee Chart 5222 Registered Homes Fee Chart 5223 Listing Fee Chart 5224 Administrator's License Fee Chart 5225 Fees for Background Checks 5230 Fees for Multiple Licenses 5240 Fees for Amended Licenses 5250 Fee Refund Guidelines 5260 Verification of Fee Payment 5270 Fee Notice is Returned 5300 Central Registry and Criminal History Searches 5310 Staff Responsibilities for Background Checks 5311 For Whom Central Registry and Criminal Background Checks Are Required 5312 For Whom Name-Based Background Checks Are Required 5313 For Whom Fingerprint-Based Background Checks Are Required 5314 For Whom Background Checks Are Not Required 5315 When Background Checks Are Required 5316 Submitting Background Check Requests 5316.1 Requiring Identifying Information 5316.2 Verifying Information 5317 Initiating Background Checks 5318 Allowing Direct Access Before a Background Check Is Complete 5318.1 Results Required of Background and Fingerprint Checks Before Direct Access 5318.2 When an Exception to Results of Required Checks Is Allowed 5320 Conducting DFPS Central Registry Searches 5321 Purpose of Central Registry Searches 5321.1 How Central Registry Matches are Determined 5321.11 Completed or Closed Investigations 5321.12 Open Investigations 5322 Reviewing an Abuse or Neglect Investigation in IMPACT 5322.1 Using a Case Search 5322.2 Using a Person Search 5322.3 Accessing Details for an Administrative Review 5323 Reviewing an Abuse or Neglect Investigation in CLASS 5324 Reviewing an Abuse or Neglect Case That Is Not in IMPACT 5325 Actions While Reviewing an Abuse or Neglect Investigation 5330 Acting on Abuse or Neglect Findings 5331 Acting on Abuse or Neglect Findings in a DFPS Central Registry Report 5332 Determining Whether the Investigation Is Eligible for Purge 5333 Handling Unsustained Central Registry Findings 5333.1 CPS and APS Findings Before April 16, 1999 5333.11 Offering an ARIF Instead of a Desk Review 5333.12 Actions Taken for CPS and APS Findings on or After April 16, 1999, and for Licensing Cases 5333.2 Assessing Risk 5333.3 Emergency Release of Findings Based on Immediate Risk 5333.4 Notifying the Designated Perpetrator 5333.5 Release Hearing Actions 5333.51 Actions Taken When No Release Hearing Is Requested 5333.52 Actions Taken When a Release Hearing Is Requested 5333.53 Role of the Legal Division in Release Hearings and Related Actions 5333.54 When the Finding Is Sustained in the Release Hearing 5333.55 When the Finding Is Overturned in the Release Hearing 5334 Handling Sustained Central Registry Findings 5335 Notifying the Operation of Sustained Central Registry Findings 5336 Abuse and Neglect Findings in Corresponding State Registries on Prospective Foster and Adoptive Homes 5336.1 Obtaining Results From Out-of-State Registries 5336.11 Role of the Child-Pacing Agency 5336.12 Roles of the Background Check Unit and Licensing 5336.2 Evaluating Results From Out-of-State Registries 5340 Conducting Criminal History Checks 5341 For Whom a Criminal History Check Is Required 5342 When a Criminal History Check Is Required 5342.1 Out-of-State FBI Results 5343 Initiating a Criminal History Check 5344 Documenting Criminal History Check Results 5345 Criminal History Check Results and Issuance 5350 Acting on Criminal History Check Results 5351 Determining Appropriate Actions Based on Criminal History 5352 Handling Juvenile Offenses 5353 Notifying the Operation of the Criminal History 5354 Handling Disputed Criminal Histories 5355 Criminal Matches That Are Not Convictions 5355.1 Criminal Matches That Are Not Convictions That May Be Shared With an Operation 5355.2 Criminal Matches That Are Not Convictions That May Not Be Shared With an Operation 5355.3 Other Actions Related to Criminal Matches 5355.31 When to Deny or Revoke Based on Criminal History 5355.32 Denial of Foster or Adoptive Home Verification for Drug-Related Convictions 5355.33 Actions Taken for Arrests, Indictments, or Criminal Complaints 5360 Background Check Clearance Notices 5370 Risk Evaluation of Criminal History or Findings of Child Abuse or Neglect 5371 Persons That Are Not Eligible for Risk Evaluation 5372 Persons That Are Eligible for a Risk Evaluation 5373 When Risk Evaluation Is Not Required 5374 When a Risk Evaluation Is Required 5374.1 Exceptions for Contact With Children While Risk Evaluation Is Underway 5375 Documents Required for Risk Evaluations 5375.1 Documentary Evidence Required for Criminal History Matches 5375.2 Documentary Evidence Required for Central Registry Matches 5376 Incomplete Requests for Risk Evaluations 5377 Making a Risk Evaluation Determination 5377.1 Documenting Risk Evaluations 5380 Determining Compliance With Background Check Requirements 5381 Documenting Background Check Information 5390 Background Check Reminder Letter - Listed Family Homes Only 5400 Residential Controlling Person and Certain Employment Prohibited 5410 Residential Controlling Person 5411 Obtaining Identifying Information About Controlling Persons 5420 Searches for Designated or Sustained Residential Controlling Persons, and Certain Employment That Is Prohibited 5421 Determining Whether a Match Exists and Taking Appropriate Actions 5430 Acting on a Designated or Sustained Controlling Person or a Person Denied Because of Residential History in Another State Section 6000 6000 Investigations 6100 Philosophy of Investigations 6110 Responsibilities of the Investigation Staff and Monitoring Staff 6120 Responsibilities of the Supervisor in Investigations 6200 Receipt of Reports 6210 Receipt of Intake Reports From Statewide Intake 6220 Receipt of Reports in Licensing Offices 6230 Anonymous Reports 6240 Confidentiality of the Reporter 6250 Multiple Reports of the Same Incident 6260 Assessing Information and the Immediate Safety of the Child 6261 Report Assessment Chart 6300 Classifying the Report 6310 Assessing Priorities 6311 Priority 1 Reports 6312 Priority 2 Reports 6313 Priority 3 Reports 6320 Handling Multiple Reports for the Same Operation 6330 Reports to Licensing That May Not Require an Investigation 6340 Reports Alleging Abuse, Neglect, or Exploitation of Children Related to the Caregiver 6350 Referring Reports of Abuse, Neglect, Exploitation, or the Death of a Child 6360 Repeated Reports 6370 Report of Incidents That Occurred in the Past 6400 Conducting an Investigation 6410 Investigation Procedures 6420 Notification to Law Enforcement 6430 Notifications to the Operation 6440 Notifying the Child's Parents or Managing Conservator of an Abuse or Neglect Report 6450 Conducting Investigations With and Without an On-Site Inspection 6460 Conducting Interviews 6461 Interviewing Biological or Adopted Children of Providers 6470 Handling Obstruction of an Investigation 6500 Special Considerations for Certain Types of Reports 6510 Investigation of DFPS Employees 6520 Investigations Involving Persons With Limited Proficiency in English 6530 Investigation of a Child's Death 6531 Notifications of a Child's Death 6540 Investigations in Child-Placing Agency (CPA) Homes and Child Protective Services (CPS) Homes 6541 Investigations of Abuse or Neglect and Minimum Standards Violations in CPA and CPS Homes Conducted by Licensing 6542 Investigations of Minimum Standards Violations Conducted by CPAs or CPS 6543 Agencies Responsible for Investigations in CPA and CPS Homes 6550 Investigations of Sex Offender Database Matches 6560 Investigations of Illegal Operations 6561 Investigations of Abuse or Neglect in Illegal Operations 6562 Obtaining Consent to Enter an Illegal Operation 6600 Completing the Investigation 6610 Types of Abuse, Neglect, and Exploitation 6620 Dispositions for Abuse, Neglect, and Exploitation Investigations 6630 Notification of Results 6631 Notifying the Operation of Investigation Results 6632 Notification to the Alleged Perpetrator of Abuse, Neglect, or Exploitation Findings 6633 Notifying the Reporter of Investigation Results 6634 Notification to Monitoring Unit 6635 Special Notifications in Residential Child-Care Operations 6700 Documenting an Investigation 6710 Maintaining an Investigation File 6720 Person Merge in IMPACT 6800 Recommending Action as a Result of Investigation Findings Section 7000 7000 Actions and Remedies 7100 Overview of Actions and Remedies 7110 Notifying the Operation 7200 Handling Immediate Danger to Children 7210 Immediate Danger in a State-Operated Facility 7300 Voluntary Actions of the Operation 7310 Withdrawal of an Application 7311 Withdrawal of an Application Before the Operation Opens 7312 Resubmitting after the Withdrawal of an Application 7313 Documentation of Voluntary Withdrawal of an Application 7320 Temporary Relocation 7330 Voluntary Suspension 7331 Requesting Voluntary Suspension 7332 Assessing the Voluntary Suspension Request 7333 Notification of Conditions or Denial of Voluntary Suspension 7334 Granting Voluntary Suspension 7335 Documenting Granted Voluntary Suspensions 7336 Monitoring During Voluntary Suspension 7337 Reopening the Operation 7338 If the Operation Does Not Reopen or Voluntarily Close at the End of a Voluntary Suspension 7340 Voluntary Closure 7341 Documentation of an Operation That Has Closed 7342 Voluntary Closure During an Investigation 7343 Notification of Investigation Findings When an Operation Closes Voluntarily 7344 Licensing Response if the Operation Did Not Close 7350 Operation Plan of Action 7400 Evaluation and Probation 7410 Definition of Evaluation and Probation 7411 Definition of Evaluation 7412 Definition of Probation 7420 Evaluation and Probation Decision Guide 7430 Evaluation and Probation Procedures 7431 Initiating Evaluation or Probation 7432 Considering Conditions 7433 Conducting the Evaluation or Probation Meeting 7433.1 Meeting Participants 7433.2 Topics to Cover at the Meeting 7433.3 Notification to the Operation of the Corrective Action Plan 7433.4 Posting Requirements for Operations Other Than Independent or Agency Foster Family Homes 7434 Request for Administrative Review for Evaluation or Probation 7434.1 Exception for an Applicant for a Permit 7435 Inspecting During Evaluation and Probation 7436 Recommending Early Removal From Evaluation or Probation 7437 Ending Evaluation and Probation 7437.1 When Compliance Has Been Established 7437.2 When Compliance Has Not Been Established for an Operation on Evaluation 7437.3 When Compliance Has Not Been Established for an Operation on Probation 7437.4 Continuing Evaluation or Probation 7500 Administrative Penalties 7510 Evaluating the Need for Administrative Penalties 7511 Violations for Which Administrative Penalties May Be Assessed 7512 Alternatives to Imposing Administrative Penalties 7513 Decision Guide for Imposing Administrative Penalties 7520 Assessing Administrative Penalties 7521 Administrative Penalties Fee Chart 7521.1 Definition of Widespread 7521.2 Definition of Pattern 7530 Recommending the Administrative Penalty 7540 Notifying the Operation and Imposing the Administrative Penalty 7541 Notification of the Administrative Penalty 7542 Content of the Administrative Penalty Notification 7543 Imposing the Administrative Penalty 7544 Rescinding an Administrative Penalty 7550 Request for an Appeal 7551 SOAH Hearing 7552 Acting on the ALJ's Order 7553 If the Penalty is Not Paid 7554 Documentation 7600 Adverse Actions 7610 Defining Adverse Action 7620 Adverse Action Decision Criteria 7621 Circumstances That May Call for Adverse Action 7630 Adverse Action Procedures 7631 Notice of Intent to Deny, Revoke, or Suspend 7632 Process of Administrative Review for Adverse Action 7632.1 Compliance Shown 7633 Notice of Decision to Revoke, Deny, or Suspend 7633.1 Immediate Risk to Children 7633.2 Right to Appeal 7633.3 Notification of Reapplication Restrictions 7633.31 Notification of Reapplication Restrictions - Child Day Care Permits 7633.32 Notification of Reapplication Restrictions - Residential Child Care Permits 7633.4 Residential Operations 7633.5 Failure to Close the Operation 7633.6 Posting Requirements 7633.7 Rule and Statutory Attachments 7633.8 Notifications to DFPS Entities 7634 Inspecting During the Suspension, Revocation, or Denial Process 7635 Final Notice of Suspension, Revocation, or Denial 7635.1 Statements Required to Be Included in the Letter 7635.2 Additional Actions to Be Taken by Licensing Staff 7636 Follow-Up to Suspension, Revocation, or Denial 7637 Emergency Suspension and Closure 7637.1 Completing the Emergency Suspension and Closure Form (Form 2931) 7637.2 Content of the Letter 7637.3 Delivery of the Order and Letter 7637.4 Complete an Affidavit 7637.5 Implementation of Revocation 7637.6 The Operation's Notification Requirements 7637.7 Public Notice 7638 Follow-Up to Emergency Suspension and Closure 7700 Legal Actions 7710 Administrative Reviews 7711 The Right to an Administrative Review 7711.1 An Operation's Right to an Administrative Review 7711.2 An Individual's Right to an Administrative Review 7711.3 Explaining the Right to an Administrative Review 7711.4 Waiving the Right to an Administrative Review 7712 Staff Responsible for Conducting the Administrative Review 7713 Receiving a Request for an Administrative Review 7713.1 Determining Whether a Request for an Administrative Review Meets the Due Date 7713.11 When the Request for an Administrative Review Meets the Due Date 7713.12 When the Request for an Administrative Review Does Not Meet the Due Date 7713.2 Determining Whether a Request for an Administrative Review Is Complete 7713.21 When a Request for an Administrative Review Is Complete 7713.22 When a Request for an Administrative Review Is Incomplete 7713.23 Determining Whether the Information Missing From a Request for an Administrative Review Is Received by the Due Date 7713.24 When the Information Missing From a Request for an Administrative Review Is Received by the Due Date 7713.25 When the Information Missing From a Request for an Administrative Review Is Not Received by the Due Date 7714 Initiating Contact With the Requestor of an Administrative Review 7714.1 Scheduling an Administrative Review Conference 7714.2 Documenting the Initial Contact With the Requestor in CLASS 7715 Conducting an Administrative Review Conference 7715.1 If the Requester Waives the Right to the Administrative Review Conference 7716 Deciding the Outcome of an Administrative Review 7716.1 Overturning an Action or Decision as the Result of an Administrative Review 7716.12 Overturning an Action or Decision Related to Abuse or Neglect 7716.2 Upholding an Action or Decision as the Result of an Administrative Review 7716.21 Upholding an Action or Decision Related to Abuse or Neglect 7716.3 Amending an Action or Decision as the Result of an Administrative Review 7717 Notifying a Requestor About the Outcome of an Administrative Review 7720 Release Hearings 7721 Release Hearings for Persons Investigated by Licensing 7722 Release Hearings for Persons Investigated by Other DFPS Divisions 7723 When a Release Hearing May Be Offered 7724 Explaining the Offer of a Release Hearing 7724.1 Additional Information for Child Care Employees 7724.2 Additional Information for Permit Holders 7724.3 Additional Information for Illegal Operations 7725 Documenting the Results of the Release Hearing 7726 Emergency Release 7730 Appeals 7731 Regulation During Appeal Process 7732 Final Appeal Decision 7733 Suit Filed 7740 Injunctive Relief 7741 Temporary Restraining Order 7742 Injunction 7742.1 Following Up an Injunction 7750 Civil and Criminal Penalties 7760 Settlement of Legal Case 7770 Residential Licensing: Designated Controlling Person Administrative Review and Hearing 7771 Notice of Intent to Designate a Person as Controlling 7772 Process of Administrative Review for the Designated Controlling Person 7772.1 Decision Reversed for Designated Controlling Person or Operation 7772.2 No Administrative Review Requested by Both Parties or One Party 7772.3 Decision Not Reversed and Compliance Not Shown 7773 Notice of Decision to Designate Controlling Person 7774 Final Notice to Sustain the Controlling Person 7800 Automatic Actions 7810 Automatic Suspensions 7811 Auto-Suspension Letters 7812 Ending the Automatic Suspension 7820 Automatic Revocations 7821 Auto-Revocation Letters 7822 Closing an Operation After an Automatic Revocation Section 8000 8000 Responding to Requests for Licensing Information 8100 Information for General Release 8110 Providing the Minimum Standard Rules 8120 Providing Information About Child-Care Operations 8121 Providing Routine Details About a Child-Care Operation 8122 Providing Details About an Operation?s Deficiencies 8122.1 When Due Process Rights Are Pending 8122.2 When a Violation Occurred More Than Two Years Ago 8123 Providing Information About Child-Care Options 8130 Referring Requestors to the DFPS Web Site 8200 Protecting Confidential Information 8210 Routine Requests 8220 Nonroutine, Questionable, and Sensitive Requests 8230 Confidential Information Not for Release to the Public 8300 Responding to Requests From Parents and Managing Conservators 8400 Responding to Requests From DFPS Staff and Other Agencies 8410 Releasing to DFPS Staff 8420 Releasing to Other Agencies 8500 Releasing Information to the Media 8510 When to Contact a Regional Public Information Officer (PIO) 8511 Routine Contact With the Media 8512 Requests Beyond General Release 8513 Other Reasons to Contact a Regional PIO 8514 When the Regional PIO Is Unavailable 8520 When to Contact the State Office PIO 8600 Responding to Requests From Legislators 8610 Requests for General Information 8620 Requests About Specific Operations 8630 Responding to Legislators? Requests for Policy 8640 Responding to Legislators? Requests for Statistical or Budget-Related Information 8650 Responding to Requests About Complaints or Legislative Issues 8700 Responding to Requests From Advocacy, Inc. Section 9000 9000 Licensed Administrators 9100 Overview of the Administrator’s License Program 9200 Application for an Administrator’s License 9210 Checking for Completeness in an Application Packet for an Administrator’s License 9220 Checking for Fraud in an Application for an Administrator’s License 9230 Conducting a Background Check on an Applicant for an Administrator’s License 9240 Approving or Denying an Administrator’s License 9300 Exams for the Administrator’s License Program 9310 Exam Schedule for the Administrator’s License Program 9320 Registration Process for an Administrator’s License Exam 9330 Exam Process for the Administrator’s License Program 9340 Requests to Analyze the Results of an Administrator’s License Exam 9400 Renewing an Administrator’s License 9410 Training Requirements for an Administrator’s License 9420 Inactive Status for an Administrator’s License 9430 Renewal Fees for an Administrator’s License 9440 Background Checks for an Administrator’s License 9450 Lapsed Administrator’s Licenses 9500 Emeritus Status for an Administrator’s License 9600 Remedial Action on an Administrator’s License 9610 Types of Actions on an Administrator’s License 9620 Choosing a Remedial Action for an Administrator’s License 9630 Tracking Due Process for an Administrator’s License 9700 Storing and Purging Closed Records for an Administrator’s License 9800 Reports and Directories for the Licensed Administrator Program 9810 Reports to Management Reporting and Statistics 9820 THECB Annual Report of Exam Results 9830 Licensed Administrator Directories Appendices and Definitions of Terms Definitions of Terms 1000 General Licensing Information and Records Management 1000-1: Retention of Records 1000-2: Organizing Licensing Records 1000-3: Security Roles and Functions in CLASS 2000 Handling Inquiries About the Licensing Process and Exemption 2000-1: Organizations Whose Members May Qualify for Exemption 2000-2: Determining Whether a Program or Operation Is Regulated by Licensing - Questions and Answers 2000-3: Pre-Application Interview Conference Information 2000-4: Decision Guide For Determining If Subject To Regulation 3000 Application and Issuance 3000-1: Certain Criminal Offenses in the Texas Penal Code and the Health and Safety Code 3000-2 Notifying the Operation 4000 Monitoring 4000-1: Field Guide for Documenting Inspections 5000 Administrative Actions 5000-1: Reviewing Waiver and Variance Requests 5000-1A: Guidance on Reviewing Day-Care Waiver or Variance Requests 5000-1A.1 Director Qualifications 5000-1A.2 GED or High School Diploma 5000-1A.3 Working Phone with a Listed Number 5000-1A.4 No Fence Around Playground/Yard 5000-1A.5 No Hand-Washing Sink in the Diaper-Changing Area 5000-1A.6 Shared Space 5000-1A.7 Indoor Equipment Soft Contained Play Equipment (SCPE) 5000-1A.8 Sprinkler Play 5000-1B: Guidance on Reviewing Residential Child-Care Waiver or Variance Requests 5000-1B.1 GED or High School Diploma 5000-1B.2 Extending a Child’s Stay 5000 1B.3 Medical Exam Within 30 Days 5000-1B.4 Foster Home Ratios 5000-1B.5 Children Younger Than Five Years in a Foster Group Home 5000-1B.6 Children of the Opposite Sex Sharing a Bedroom 5000-2: Central Registry Match 5000-3: Residential Controlling Person and Certain Employment Prohibited 6000 Investigations 6000-1: Time Frames for Investigations 6000-2: Types of Abuse and Neglect 6000-3: Checklist for Reporting Child Death 7000 Remedies 7000-1: Assessing the Need for Remedial Actions 7000-2: Guidelines for Preparing Records for SOAH Hearings and Tracking 8000 Providing Information 8000-1: Educational Materials 9000: Instructions for the Administrative Technician in the Licensed Administrator Program 9000-1: Tabs in the Licensed Administrator Database 9000-2: Applications for Administrator’s Licenses 9000-3: Renewing Administrator’s Licenses 9000-4: Background Checks for Administrator’s Licenses 9000-5: Processing Fees 9000-6: End-of-Week Procedures
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Licensing Policy and Procedures Handbook