LPPH October 2017
abuse: An intentional, knowing, or reckless act or omission by someone working under the auspices of an operation that causes or may cause emotional harm or physical injury to, or the death of, a child served by the operation. See the Texas Family Code §261.401(a)(1) and 40 TAC §§745.8553 and 745.8557.
abuse and neglect investigation records: Licensing records of abuse and neglect investigations that are maintained separately from the case record and are confidential.
administrative review: An informal evaluation wherein the operation disagrees with a Licensing decision or action and is afforded the opportunity to show compliance with applicable law, minimum standards, restrictions and/or conditions imposed. See 40 TAC §§745.8801.
administrator: See child-care administrator.
adjacent to the premises: See nearby.
adverse actions: A type of remedial action that licensing may impose to address a deficiency. This action may require the closure of an operation, the addition of permanent restrictions or conditions to a permit, or both. The four types of adverse actions are: denial, adverse amendment, suspension, and revocation. See 40 TAC §§745.8603(2) and 745.8651.
after school hours: The hours before or after the customary school day.
agency: See child-placing agency.
ALJ: The administrative law judge appointed by the State Office of Administrative Hearings to conduct due process hearings. See SOAH.
alternate care program: A child day-care program in which no child is in care for more than five consecutive days, or for more than 15 days in one calendar month, regardless of the duration of each stay. Before September 1, 2003, this type of care was licensed as a drop-in care center.
applicant: An individual or entity that is the owner or operator of an operation and is applying for a permit.
ARIF: See administrative review.
association: A combination of individuals and interests of some kind without a tax-exempt status from the IRS. Not organized under the Texas Business Organizations Code.
auspices: See person working under the auspices of an operation.
background checks: Searches of different databases that are conducted on an individual. There are three types of background checks conducted by DFPS: criminal history checks conducted by the Department of Public Safety for crimes committed in the State of Texas, criminal history checks conducted by the FBI for crimes committed anywhere in the U.S., and Central Registry checks conducted by DFPS. The Central Registry is a database of people who have been found by Child Protective Services, Adult Protective Services, or Licensing to have abused or neglected a child. See 40 TAC §745.611.
branch office: Space used by a child-placing agency (CPA) as an office for child placement staff and to house the master records for children, foster homes, and adoptive homes. A branch office is located at a different location than the main location for which the CPA is licensed or certified. The address of each branch office is listed on page two of the CPA’s permit. See §749.301
capacity: The maximum number of children that a permit holder may care for at one time. See 40 TAC §745.21(3).
CCL: See child care licensing
center-based: A type of child day care in which the operation is licensed to care for seven or more children for less than 24 hours per day. A center-based operation is subject to the requirements set forth in Chapter 746 Minimum Standards for Child-Care Centers.
central administrative location: Personnel records or office space at a location other than the address on the face of the child day-care permit.
Central Registry: A database of persons who have been found by CPS, APS, or Licensing to have abused or neglected a child. Searches are done through IMPACT to determine whether a person is included in the central registry. See 40 TAC §745.611(3).
Central Registry match: Finding a person listed in the Central Registry when conducting a search.
certificate: A type of permit issued by the Licensing division to child-care operations that are operated by the state.
certification: The regulation of state-operated child-care operations.
certificate of occupancy: A document that grants permission to an entity to operate a business.
certified operation: A child-care operation that is operated by a state agency that must comply with all regulations that apply to licensed operations. See the Texas Human Resources Code §42.052.
child: A person under 18 years of age. See Texas Human Resources Code §42.002(1).
child/caregiver ratio: The maximum number of children for whom one caregiver can be responsible.
child care administrator: A person who supervises and exercises direct control over a residential child care operation that has a permit to serve seven or more children, and who is responsible for the operation’s program and personnel, regardless of whether he or she has an ownership interest in the operation or shares duties with anyone. See 40 TAC §745.8901.
child-care center: A child day-care operation that is licensed to care for seven or more children for less than 24 hours per day, at a location other than the permit holder’s home, except as otherwise provided in §746.107. A child-care center is subject to the requirements set forth in Chapter 746, Minimum Standards for Child-Care Centers. Before September 1, 2003, a child-care center was licensed as one of the following types of operations: a day-care center, a kindergarten and nursery school, a school (grades kindergarten and above), a drop-in care center, or a group day-care home.
child-care home: See registered child-care home and licensed child-care home. A registered or licensed child-care home is subject to the requirements set forth in Chapter 747, Minimum Standards for Child-Care Homes. Before September 1, 2003, a child-care home was registered as a registered family home or licensed as a group day-care home.
child-care facility: An establishment subject to regulation by licensing that provides assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the establishment operates for profit or charges for its services. A child-care facility includes the people, administration, governing body, activities on or off the premises, operations, buildings, grounds, equipment, furnishings, and materials. A child-care facility does not include child-placing agencies, listed family homes. See 40 TAC §745.21(6) and Texas Human Resources Code §42.002(3).
Child Care Licensing (CCL or Licensing): The division within DFPS that regulates child day care and residential child-care operations and other child-care activities, and the licensing of child-care administrators and child-placing agency administrators.
child care licensing statute: Chapter 42 of the Human Resources Code.
child day care: The care, supervision, training, or education of an unrelated child or children under 14 years old for less than 24 hours per day that occurs in a place other than the child’s own home. This definition includes child day care provided to school-age children before the customary school day, after the customary school day, or both. See 40 TAC §745.33.
child-placing agency (CPA): A person, including an organization, other than the parents of a child who plans for the placement of or places a child in a child-care operation or adoptive home. A CPA is a licensed residential child-care operation that may verify and regulate its own homes subject to DFPS minimum standards. See Texas Human Resources Code §42.002(12), and 40 TAC §§745.21(8) and 745.37.
child-placing agency administrator: A person who supervises and exercises direct control over a child-placing agency, and who is responsible for the operation’s program and personnel, regardless of whether he or she has an ownership interest in the operation or shares duties with anyone. See 40 TAC §745.8903.
children’s records: Information a child-care operation is required to maintain on the children in the operation’s care.
child sexual aggression: Sexual behavior in which a child takes advantage of a younger or less powerful child through seduction, coercion, or force in accordance with the following definitions:
• Less powerful is defined as differences in developmental level, physical stature, cognitive ability, or social skills.
• Seduction is defined as the use of charm, manipulation, promises, gifts, or flattery to induce a child to engage in sexual behavior.
• Coercion is defined as the exploitation of authority or the use of bribes, threats of force, or intimidation to gain cooperation or compliance.
• Force is defined as the threat or use of physical or emotional harm toward a child or someone or something a child cares about.
children who are related to the caregiver: Children who are the children, grandchildren, siblings, great-grandchildren, first cousins, nieces, or nephews of the caregiver, whether by affinity (marriage), consanguinity (blood) or as the result of a relationship created by court decree. See the Texas Government Code §§573.022 and 573.024, and 40 TAC §745.21(9).
city attorney: An attorney who, in part, prosecutes Class C misdemeanors in municipal court.
CLASS: Child Care Licensing Automation Support System. A computer application used by Licensing staff for record management.
CLASS designee: An employee assigned a specific task in a caseload belonging to another employee for a specified amount of time. Designee status in CLASS allows the designee to access cases and system functions assigned to the designating individual. Designees may be assigned tasks not routinely associated with their job position (for example, serving as an acting supervisor while the actual supervisor is on leave). Designee status is time-limited.
CLASSMate: The mobile version of the Child Care Licensing Automated Support System (CLASS). CLASSMate allows Licensing staff to document activities related to inspections and investigations of operations in real time, without being connected to the DFPS network.
compensation: Anything of value received in exchange for the care of a child.
complete application: A packet of materials submitted by an applicant that contains all of the documentation required to apply for a permit.
condition: A special requirement imposed on a permit to allow or prohibit an action by an operation. A condition is imposed when circumstances warrant it, due to one or more of the following: a risk to children, a requirement in the minimum standards for residential child care, or a deficiency in complying with applicable minimum standards. A condition is similar to but different from a restriction on the permit.
consanguinity: Two individuals are related to each other by consanguinity if one is a descendant of the other; or they have a common ancestor. An adopted child is considered to be related by consanguinity for this purpose. See the Texas Government Code §573.022 and 40 TAC §745.21(10).
contiguous operations: Two or more operations that touch at a point on a common border or are located in the same building. See 40 TAC §745.21(11).
controlling person: See 5411 Definition of a Controlling Person.
corporation: An intangible entity created by individuals to operate for profit but to limit individual liability. Organized according to the Texas Business Organizations Code or similar act of another state as evidenced by the corporation’s Certificate of Formation.
corrective action: A type of enforcement action that licensing may impose to address an operation’s deficiency without requiring it to close. Corrective actions are not imposed against listed family homes. Evaluation and probation are the two types of corrective actions. See 40 TAC §§745.8603 and 745.8631.
corrective action plan: A plan used to remedy the deficiencies of an operation that is under evaluation or on probation. Exception: Corrective action plans are not used with listed family homes.
county attorney: An attorney who represents the state in misdemeanor criminal trials which are heard in the county court, the county court at law, or both.
CPA foster family home: A home under the regulation of a child-placing agency that is the primary residence of the foster parents and provides care for six or fewer children or young adults for 24 hours a day. The child-placing agency, not Licensing, is responsible for issuing verifications and ensuring that the foster family homes the CPA regulates meet Licensing rules and minimum standards. See 40 TAC §745.37, 26 TAC §749.43(22), and Texas Human Resources Code §42.002(6).
CPA foster group home: An operation under the regulation of a child-placing agency that provides care for seven to 12 children or young adults for 24 hours a day. The child-placing agency, not Licensing, is responsible for issuing verifications and ensuring that the foster group homes the CPA regulates meet Licensing rules and minimum standards. CPA foster group homes verified after January 1, 2007, must be the primary residence of the foster parents. See 40 TAC §745.37, 26 TAC §749.43(23), and Texas Human Resources Code §42.002(5).
criminal solicitation of a minor: See Criminal Convictions Charts.
critical injury: See near fatal injury.
custodial care: Child care that is provided in connection with a school or skill program, before the customary school day or class time, after the customary school day or class time, or both and does not include teaching from a curriculum.
customary school day: The hours of the educational program that the local public school administration has identified to the Texas Education Agency (TEA) as their system’s customary school day.
data integrity specialist: An employee of the DFPS Program Support Division responsible for assigning and monitoring security permissions for the CLASS and IMPACT systems, maintaining staff information based on personnel changes, and promoting data integrity, in general, for DFPS employees and authorized users of CLASS and IMPACT. Data integrity specialists report to the Program Support Data Support manager and are responsible for one or more geographic regions.
date to date: A time frame calculated by the number of days between the last action and the next required action. For instance, February 5 to March 5.
day-care administrator’s credential: A credential that Licensing recognizes as meeting the educational requirements for a child-care center director or a primary caregiver of a licensed child-care home. See 26 TAC §§746.1015(a)(6), 746.1017(a)(6), and 747.1107(a)(5)(F).
day care administrator’s credential program: A program that a person must complete to receive a day care administrator’s credential. Credential programs for day care administrators are sponsored by professional organizations or educational institutions and must meet specific criteria outlined in DFPS rules. See Subchapter P of Chapter 745.
day care center: Before September 1, 2003, this was a child day-care operation licensed to provide care for 13 or more children, birth through 13 years. A day-care center is now licensed as a child-care center and must follow Minimum Standards for Child-Care Centers (Chapter 746 Title 26, TAC). Some of the minimum standards in Chapter 746 grandfather certain requirements for day-care centers licensed before September 1, 2003. See Texas Human Resources Code §42.002(1) and 40 TAC §745.37.
days: In this publication, as in the DFPS Licensing Rules, Chapter 745, all days are calendar days unless otherwise specified.
deferred adjudication: A type of finding in criminal court. There are two situations in which someone may receive deferred adjudication:
1. The person pleads no contest. The judge decides that it is in the best interest of the community for the person not to serve a jail term but to do community work, and says that when this is complete the record will not show the person’s name in connection with a criminal activity if the person has the record expunged.
2. Person pleads guilty (whether before judge or full jury). The judge decides it is not in the best interest of the community to have this person serve a jail term. Instead the judge assigns some community or other work, and at the finish the person’s name is removed from the record of criminal activity if the person has the record expunged.
deficiency: Any failure to comply with a rule, including a minimum standard, a statute, a specific term of a permit, or a condition of evaluation, probation, or suspension. Also referred to as a violation. See 40 TAC §745.21(13).
department: Texas Department of Family and Protective Services (DFPS). Prior to February 1, 2004, the department was named the Texas Department of Protective and Regulatory Services (PRS or TDPRS).
designated controlling person: a controlling person is designated by Licensing as a designated controlling person, if DFPS intends to revoke an operation’s permit. The designated controlling person has not exhausted his or her due process rights. See 40 TAC §745.905.
designated perpetrator: A person who is listed in the DFPS Central Registry and is found by DFPS to have abused or neglected a child, but who has not exhausted his or her right to an administrative review or due process hearing. See 40 TAC §745.731(a) and Texas Family Code §261.401.
designee: See governing body designee.
designee status in CLASS: See CLASS designee.
designee status in IMPACT: See IMPACT designee.
DFPS Desktop Automated Forms system: These forms are located on the desktop Smiley Face icon rather than in the CLASS and IMPACT systems.
director: The adult designated to have the daily on-site responsibility for the operation of the licensed child-care center, including maintaining compliance with the minimum standards and licensing laws. See 26 TAC §746.1001.
discipline: A form of guidance that is constructive or educational in nature and appropriate to the child’s age, development, situation, and severity of behavior.
disposition: Action taken or recommended on an operation’s licensing status as a result of the findings of an investigation or inspection.
district attorney: An attorney who represents the state in felony, civil, and criminal trials which are heard in district court.
district court: Felonies and civil cases are heard in district court and are prosecuted by the district attorney.
district director (DD): The DFPS manager responsible for overseeing the DFPS child day-care licensing program at the district level.
division: Refers to the Child Care Licensing Division of the Texas Department of Family and Protective Services.
drop-in care center: Before September 1, 2003, this was a child day-care operation licensed to provide care for children birth through 13 years. It did not provide care for the same child for more than five consecutive days or for more than 15 days in one calendar month. A drop-in care center is now licensed as a child-care center and is referred to as an alternate care program in Chapter 746, Subchapter H, Minimum Standards for Child Care Centers. Some minimum standards in Chapter 746 grandfather certain requirements for drop-in care centers licensed before September 1, 2003. See 40 TAC §745.37.
due notice: A warning about the consequences for failure to comply with applicable laws, the minimum standards, or both.
due process hearing: A formal legal proceeding to determine whether a licensing decision or action taken was appropriate. The hearings are conducted before an administrative law judge from the State Office of Administrative Hearings (SOAH). See 40 TAC §745.8831.
emergency behavior intervention: Interventions used in an emergency situation, including personal restraints, mechanical restraints, emergency medication, and seclusion.
emergency release: The release of information to an operation, before a release hearing, about a person at the operation who is listed in the DFPS Central Registry. Such information is released only before a release hearing if DFPS determines that the presence of the person constitutes an immediate threat or danger to the health, safety, or well-being of children.
employee: Any person who is employed by or contracts with the permit holder, including but not limited to caregivers, drivers, kitchen personnel, maintenance and administrative personnel, and the center or program director. See 40 TAC §745.21(16).
employee records: See personnel records.
endanger: To expose a child to a situation where physical or mental injury to a child is likely to occur. See 40 TAC §745.21(17).
enforcement actions: Actions Licensing may impose if an operation is deficient in a minimum standard, rule, law, specific term of a permit, or condition of evaluation, probation, or suspension. There are four types of enforcement actions; voluntary and corrective, adverse, judicial, and monetary actions. See 40 TAC §§745.8601 and 745.8603.
evaluation: A type of corrective action for which Licensing imposes a corrective action plan. Conditions will be imposed beyond the minimum standards and the basic permit requirements, and inspections will be conducted monthly. See 40 TAC §745.8631(2).
exempt from regulation: Certain facilities or programs can operate legally without receiving a permit from licensing. A facility or program exempt from regulation is not required to comply with licensing statutes and rules. See 40 TAC§745.111.
failure to stop or report aggravated sexual assault of child: See Criminal Convictions Charts.
family member: An individual related to another individual within the third degree of consanguinity or affinity.
felony: An offense which violates the penal code. Felony offenses are heard in district court. Felonies are classified according to the relative seriousness of the offense. From most to least serious the classifications are: state jail felony, third degree felony, second degree felony, first degree felony, and capital felony.
field trip: A group activity conducted away from the operation.
finding: The conclusion of an investigation or inspection indicating compliance or deficiency with one or more minimum standards, administrative rules, or statutes. See 40 TAC §745.21(19).
fingerprint-based background checks – The DPS Criminal History Check and the FBI background check that are conducted using a person’s fingerprints. See DFPS Background Check Terminology.
forms: See forms page of the DFPS Internet
foster family home (independent): a licensed operation that provides residential child care for six or fewer children up to the age of 18 years. An independent foster family home is not affiliated with a CPA, but is monitored and regulated directly by the DFPS Licensing Division. See CPA foster family home for a home verified (monitored and regulated) by a child-placing agency (CPA). See 40 TAC §745.37.
foster group home (independent): a licensed operation that provides residential care for seven to 12 children up to the age of 18 years. An independent foster group home is not affiliated with a CPA, but is monitored and regulated directly by the DFPS Licensing Division. See CPA foster group home for a home verified (monitored and regulated) by a child-placing agency (CPA). See 40 TAC §745.37.
frequently: More than two noncontinuous (that is, separate) visits at an operation in a 30-day period; one continuous stay per year at an operation and the duration of the stay exceeds seven days; or more than two continuous stays per year at an operation and the duration of each stay exceeds 48 hours.
For foster homes, the following individuals are not considered frequently present at a foster home:
(A) A child unrelated to a foster parent who visits the foster home, unless:
(i) the child is responsible for the care of foster children; or
(ii) there is reason to believe that the child has a criminal history or previously abused or neglected another child
(B) An adult unrelated to a foster parent who visits the foster home, unless:
(i) the adult has unsupervised access to children in care; or
(ii) there is reason to believe that the adult has a criminal history or previously abused or neglected a child. See 40 TAC §745.601(3).
full-time: At least 40 hours per week, as relating to the working hours for staff at a child care operation.
general residential operation: A child-care facility that provides care for more than 12 children for 24 hours a day, including facilities known as children’s homes, halfway houses, residential treatment centers, emergency shelters, and therapeutic camps. See Texas Human Resources Code §42.002(4).
genuine threat: A verbal or behavioral expression of intent that appears true, likely, or believable; a substantial risk. Genuine threats include, but are not limited to, choking, suffocating, or shaking a child, or hitting a child on the head.
get-well care: A program that may be offered in a licensed child-care center. The program provides care for children who are ill as specified in Chapter 746, Minimum Standards for Child-Care Centers. See 26 TAC §§746.3101 - §746.3123.
governing body: The entity with ultimate authority and responsibility for the operation. See 40 TAC §745.21(20).
governing body designee: The person who is named on an application as the designated representative of a governing body, and who is officially authorized by the governing body to speak for and act on its behalf in a specified capacity. See 40 TAC §745.21(21).
group day-care home: Before September 1, 2003, this was a child day-care operation licensed to provide care for seven to 12 children, birth through 13 years. A GDCH is now licensed as either a child-care center or a child-care home and must follow Chapter 746, Minimum Standards for Child-Care Centers, or Chapter 747, Minimum Standards for Child-Care Homes, as appropriate. Some minimum standard rules in Chapters 746 and 747 grandfather certain requirements for GDCHs licensed before September 1, 2003. See Texas Human Resources Code §42.002(8) and 40 TAC §745.37.
group of children: Children assigned to a specific caregiver(s). Generally, the group stays with the assigned caregiver(s) throughout the day and may move to different areas throughout the operation.
guardian: A person appointed by the court to have care of the person or property of another.
health-care professional: A licensed physician, licensed registered nurse, a licensed vocational nurse, or other licensed medical personnel providing health care to a child within the scope of his or her license. This does not include medical doctors or medical personnel who are not licensed to practice in the United States.
home-based: A type ofchild day care in which the operation is licensed or registered to care for up to 12 children for less than 24 hours per day. A home-based operation is subject to the requirements set forth in Chapter 747, Minimum Standards for Child-Care Homes. This does not include listed family homes. Listed family homes do not have minimum standards.
household member: An individual, other than the caregiver(s), who resides in an operation. See 40 TAC §745.21(22).
human-services field: A field of study that contains coursework in the social sciences of psychology and social work including some counseling classes focusing on normal and abnormal human development and interpersonal relationship skills from an accredited college or university. Coursework in guidance counseling does not apply.
illegal operation: An operation that provides child care that is subject to regulation, but does not have a permit and is not in the process of applying for a permit.
IMPACT: Information Management Protecting Adults and Children in Texas, a computer application used by DFPS staff for case management.
IMPACT designee:An employee assigned a specific task in a caseload belonging to another employee for a specified amount of time. Designee status in IMPACT allows the designee to access cases and system functions assigned to the designating individual. Designees may be assigned tasks not routinely associated with their DFPS position (for example, serving as an acting supervisor while the actual supervisor is on leave). Designee status is time-limited.
impairment: In most instances, an impairment prevents the injured person from performing one or more of their usual and customary daily activities or makes the task of daily activities more difficult.
Interstate Compact on the Placement of Children (ICPC): An agreement among U.S. states and territories that regulates the placement of children across state lines.
immediate danger: A situation in which risk to children is so extreme that immediate intervention is warranted and continued operation under those conditions would place children at an unacceptable level of risk.
indict: A finding made by a grand jury regarding a felony offense only.
infant: A child from birth to 17 months.
initial background check – The first background check that an operation requests on a person who is required to undergo a background check.
initiation: The first action taken by licensing staff to obtain additional information regarding the allegations made in a report to Licensing. Initiation may include making contact with the operation, the victim, a collateral source, or the reporter.
injunction: A court order that requires a person to do or refrain from doing a specified act or acts. The injunction may be temporary or permanent.
inspection: The physical presence of licensing staff at an operation to determine an operation’s compliance with the child care licensing law and DFPS rules.
intoxication and alcoholic beverage offenses: See Criminal Convictions Charts.
investigations: Steps taken by Licensing staff to determine the validity of a report alleging violation of the law or minimum standards.
judicial actions: A type of remedial action. A court may impose judicial actions, including closure, when Licensing requests a court order to address a deficiency. The two types of judicial actions are temporary restraining order (TRO) and temporary or permanent injunction. See 40 TAC §§745.8603(3) and 745.8681.
kindergarten age: At least five years of age on September 1. See 40 TAC §745.101(1).
kindergarten and nursery school (KNS): Before September 1, 2003, this was a child day-care operation licensed to provide an educational program that was for four hours or less per day and more than two days a week for children two through six years. A KNS is now licensed as a child-care center and must follow Chapter 746, Minimum Standards for Child-Care Centers. Some minimum standard rules in Chapter 746 grandfather certain requirements for KNS licensed before September 1, 2003. See 40 TAC §745.37.
lab school: A child day-care operation operated by a high school or college to provide learning opportunities in child care and development for students of the school or college.
license: A type of permit issued by Licensing stating that an operation has met applicable statutes, administrative rules, and minimum standards and may operate. Licenses are issued to all operations except listed family homes, registered child-care homes, certified operations, and CPA homes.
licensed child-care center: See child-care center.
licensed child-care home: A child day-care operation that is licensed. The primary caregiver provides care in the caregiver’s own residence for children from birth through 13 years. The total number of children in care varies with the ages of the children, but the total number of children in care at any given time, including the children related to the caregiver, must not exceed 12. Before September 1, 2003, a licensed child-care home was licensed as a group day-care home. See 26 TAC §747.111.
licensee: The holder of a license.
Licensing: See Child Care Licensing.
licensing inspector: An individual assigned the responsibility for managing an assigned workload, which may include processing applications and evaluating operations for licensure, registration, listing, and certification; monitoring licensed, registered, or certified operations; investigating reports; recommending corrective and adverse action; and providing licensing information to the community. (Formerly referred to as a licensing representative.)
limited liability company (LLC):An entity organized and existing in accordance with the Texas Limited Liability Company Act. The secretary of state has authority over the formation and existence of LLCs.
limited liability partnership (LLP): A partnership that registers with the secretary of state as a limited liability partnership as allowed in the Texas Revised Partnership Act. This status limits the range of a partner’s personal liability for the debts and obligations of the partnership.
limited partnership (LP): A partnership formed by two or more persons under the laws of Texas. The LP has one or more general partners and one or more limited partners.
listed family home: A child day care operation that receives a listing permit. The caregiver is at least 18 years old and provides care for compensation in the caregiver’s own home, for three or fewer children unrelated to the caregiver, birth through 13 years. Care is provided for at least four hours a day, three or more days a week, and for more than three consecutive weeks. The total number of children in care, including children related to the caregiver, may not exceed 12. See Texas Human Resources Code §42.052(c) and 40 TAC §745.37.
making a firearm accessible to a child: See Criminal Convictions Charts.
managing conservator: A relationship appointed by court order between a child and a parent, competent adult, authorized agency, or licensed child-placing agency. A managing conservator has rights and duties to make decisions for and about a child as prescribed in the Texas Family Code and as determined by court order.
master record: The compilation of all required records for a specific person or home, such as a master personnel record, master case record for a child, or a master case record for a foster or adoptive home.
military member: A person who is currently serving full-time in the armed forces (army, navy, air force, coast guard, and marine corps) of the United States, in a reserve component of the armed forces of the United States, including the National Guard, or in the state military service of any state (such as the Texas National Guard or the Texas State Guard).
military spouse: A person married to a military member.
military veteran: A person who has served as a military member and was discharged or released from service.
minimum standards: The minimum requirements for permit holders, enforced by DFPS to protect the health, safety, and well-being of children. The rules are contained in the following chapters of the Texas Administrative Code (TAC): 743 (relating to Minimum Standards for Shelter Care), 744 (relating to Minimum Standards for School-Age and Before or After-School Programs) 746 (relating to Minimum Standards for Child-Care Centers), 747 (relating to Minimum Standards for Child-Care Homes), 748 (relating to Minimum Standards for General Residential Operations and Residential Treatment Centers), 749 (relating to Minimum Standards for Child-Placing Agencies), 750 (relating to Minimum Standards for Independent Foster Homes).
misdemeanor: A criminal offense listed in the penal code. Class A and Class B misdemeanors are heard in county court or county court at law and are prosecuted by the county attorney.
monetary actions: A type of remedial action. These actions are fines or penalties that Licensing may impose as provided by Human Resources Code §§42.075 and 42.078. There are two types of monetary actions: administrative penalties and civil penalties. See 40 TAC §§745.8603(4) and 745.8711.
monitor: The regulation of an operation by evaluating compliance with applicable statutes, administrative rules, and minimum standards.
monitoring frequency: The acceptable range within which an operation’s next monitoring inspection will be conducted, as determined by an assessment of the risk factors at the operation.
monitoring plan: A plan that sets intervals between inspections to a child-care facility or child-placing agency.
month to month: A time frame calculated by the number of months between the previous action and the next required action. For example, from March to April (the action could take place on any date in April).
municipal court: Hears only Class C misdemeanor offenses and violations of city ordinances.
name-based background checks – The DPS Criminal History Check and the Central Registry background check that are conducted using identifying information, such as a person’s name, gender, and date of birth (DOB). See DFPS Background Check Terminology.
near fatal injury: Near fatal injuries are a subset of serious injuries in which the child would likely have died as a result of the injury or medical condition if the child did not get medical attention. In most circumstances, medical intervention includes admittance to an intensive care unit. Previously known as critical injury.
nearby: For child day care operations that are in the application process, nearby means next to, across the street from, or in the same city block. For residential child-care operations that are in the application process, nearby means across the street from, in the same city block, or on the same property. For operations that are exempt from regulation, nearby means a person who is in the same building, across the street from, or in the same city block as the operation. See 40 TAC §§745.101(3) and 745.201(1).
neglect: Neglect is an act or omission that is a breach of a duty by a person working under the auspices of an operation that causes or may cause substantial emotional harm or substantial physical injury to a child. See Texas Family Code §261.401 and 40 TAC, §§745.8553, 745.8555, and 745.8559.
newspaper of general circulation: A community’s own newspaper, or, if unavailable, a newspaper purporting to serve the community or the daily newspaper of the nearest metropolitan area. See 40 TAC §745.201(2).
night care: Child care offered between the hours of 9 p.m. and 6 a.m. This is regulated as child day care, not residential child care, as long as the children are not in care for 24 hours a day. See 26 TAC §§746.3201 and 747.3001.
non-expiring permit: A permit that is effective as long as the operation pays its annual fees; remains at the same location and under the same ownership*; complies with administrative rules minimum standards and statutes; and the permit is not suspended, revoked, or voluntarily surrendered.
nonprofit association: A combination of individuals and interests of some kind, synonymous with society, with operations devoted to charitable, benevolent, religious, patriotic, or educational purposes, not organized under the Texas Business Organizations Code.
nonprofit association with religious affiliation: A combination of individuals and interests of some kind, synonymous with society, with operations devoted to religious purposes. Not organized under the Texas Business Organizations Code. Operated by, responsible to, or associated with an organization of individuals devoted to religious purposes. Does not include those whose relationship with a religious organization is only for business, such as those who only lease space.
nonprofit corporation: Equivalent of not for profit corporation. None of the income is distributed to members, directors, or officers. Organized under the Texas Business Organizations Code.
nonprofit corporation with religious affiliation: An entity with nonprofit corporation status operated by, responsible to, or associated with an organization of individuals devoted to religious purposes. Does not include those whose relation with a religious organization is only for business, such as those who only lease space.
offenses against the family: See Criminal Convictions Charts.
offenses against the person: See Criminal Convictions Charts.
operating hours: The days and hours that an operation is open and offering child care.
operation: A person or entity offering a program that may be subject to regulation by Licensing. An operation includes the building and grounds where the program is offered, any person involved in providing the program, and any equipment used in providing the program. An operation includes a child-care facility, child-placing agency, or listed family home. See 40 TAC §745.21(27).
operation providing basic care: a licensed residential child-care operation that provides care for 13 or more children up to the age of 18 years. This care does not include specialized care programs. See 40 TAC §745.37.
Out-of-State Abuse and Neglect History Check – See DFPS Background Check Terminology.
parent: A person who has legal responsibility for or legal custody of a child, including the managing conservator or legal guardian. See 40 TAC §745.21(28).
partnership: A combination by contract of two or more people who use their money, labor, and skill to carry on a continuing business, dividing the profits and sharing the losses in an agreed manner. Includes general and limited partnerships.
Past-incident report: A report about minimum standards or law violations that allegedly occurred at an operation at least six months ago.
permit: A license, certificate, registration, listing or any other written authorization granted by Licensing to operate a child-care facility, child-placing agency, or listed family home. This also includes a licensed administrator’s permit. See 40 TAC §745.21(29).
permit holder: The person or entity granted the permit. See 40 TAC §745.21(30).
person working under the auspices of an operation: A person whom Licensing can find to have abused, neglected, or exploited a child served by a child-care operation. See Texas Family Code §261.401(a) and 40 TAC §745.8553.
personnel records: Any information that an operation must maintain on its employees.
plan of action: A voluntary enforcement action that Licensing recommends to an operation in order to encourage the operation to actively participate in developing a plan to correct compliance with Licensing statues, administrative rules, or minimum standards. See 40 §TAC 745.8631(1).
plan of operation for licensed child-care operations: A written plan showing how a governing body or owner plans to comply with the minimum standards. This plan is a part of the application materials.
political subdivision: Includes any city, county, school district, junior college district, public health district, and any political entity that is operated by and under the jurisdiction of a government unit, that has distinct geographical barriers within the State of Texas, and is defined in part by its geographical area.
possessory conservator: A court-ordered appointment that specifies the right to possess and have access to a child in accordance with the Texas Family Code and restrictions of the court order.
pre-kindergarten age: Three and four years of age. See 40 TAC §745.101(2).
preponderance of evidence: A standard of evidence used in due process hearings and some civil hearings in which the facts sought to be proved are more probable than not. Sometimes this is referred to as the 51 percent standard. This is the standard of evidence used to confirm abuse or neglect in a Licensing investigation and in due process hearings.
primary caregiver: The permit holder for a licensed or registered child-care home. The primary caregiver is the person with ultimate authority and responsibility for the child-care homes overall operation and compliance with Chapter 747, Minimum Standards for Child-Care Homes, Licensing statutes, and DFPS rules. The primary caregiver must live in the home where the care is provided. See 26 TAC §747.201.
primary medical needs: The needs of children who require the use of sterile techniques or specialized procedures to promote healing, prevent infection, prevent cross-infection or contamination, or prevent tissue breakdown.
primary residence: (residential child-care licensing only) the residence the person must live at on a routine basis and the home must be:
• the place of residence on the person’s most recent tax return; or
• the address listed on the person’s motor vehicle registration, driver’s license, voters registration, or other document filed with a public agency.
probation: A type of corrective action for which Licensing imposes a corrective action plan that is more restrictive and intense than an evaluation. Conditions will be imposed beyond the requirements of the minimum standards and the basic permit, and inspections will be conducted monthly. See 40 TAC §745.8631(3).
professional – A person qualified in one of the learned professions. For the purposes of DFPS Licensing policy, qualified professionals include doctors, nurses, psychologists, and workers in Early Childhood Intervention (ECI) who are present at child-care operations in an official capacity. ECI is a statewide program of the Texas Department of Assistive and Rehabilitative Services (DARS).
program: Activities and services provided by an operation. See 40 TAC §745.21(32).
provider: A person or entity operating an operation. This refers to those subject to regulation, an applicant, or a permit holder.
public advertising: Any notice given in a manner to attract public attention.
Examples: Ads run in newspapers, on radio, or on television; circulars; handbills; signs or notices posted in public places; and public announcements made to a group.
public school: A school or program under the jurisdiction of the local school board, in which the staff or faculty of the program are contributing members of the Texas Retirement System.
recommended monitoring frequency: An objective measure of how often an operation should be inspected based on the quantitative factors in its two-year compliance history (the operation’s deficiencies and their associated weights).
registered child-care home: A registered child day-care operation known as a registered family home prior to September 1, 2003. The registered primary caregiver provides care in the caregiver’s own residence for not more than six children from birth through 13 years, and may provide care after-school hours for not more than six additional elementary school children. The total number of children in care at any given time, including the children related to the caregiver, must not exceed 12. The term does not include a home that provides care exclusively for any number of children who are related to the caregiver. A registered home must follow Chapter 747, Minimum Standards for Child-Care Homes. Some minimum standard rules in Chapter 747 grandfather certain requirements for homes registered before September 1, 2003. See Texas Human Resources Code §§42.002(9) and 42.052(d) and 40 TAC §745.37.
registration: A type of permit issued by Licensing to provide child day care in a registered child-care home.
regular care: A child care arrangement in which care is provided in a registered child-care home or listed family home:
• at least four hours a day;
• three or more days a week; and
• for more than three consecutive weeks.
regularly: on a scheduled basis. See 40 TAC §745.601(6).
regulation: The enforcement of statutes and the development and enforcement of rules, including minimum standards. Regulation includes the licensing, certifying, registering, and listing of an operation or child-care administrator. See 40 TAC §745.21(33).
release hearing: A due process hearing that provides persons who have been found by DFPS to have abused or neglected a child an opportunity to appeal the finding.
renewal background check – The periodic background check that an operation must request after submitting an initial background check.
reporter: The person who reports to DFPS an expression of dissatisfaction or concern that alleges a possible violations of minimum standards, DFPS rules, provisions of the child care Licensing statute, or any conditions that require prompt investigation to determine whether there is a risk to a child in care.
report: An expression of dissatisfaction or concern about an operation, made known to DFPS staff, that alleges a possible violation of minimum standards, administrative rules, or statutes and involves risk to a child in care. See 40 TAC §745.21(34).
residential child care: The care, custody, supervision, assessment, training, education, or treatment of an unrelated child or children up to the age of 18 years for 24 hours a day that occurs in a place other than the child’s own home. Residential child care also includes child-placing agencies. See 40 TAC §745.35.
residential contract manager: The DFPS staff person who is responsible for managing the contracts between DFPS and residential child-care operations for placement of children in CPS conservatorship.
residential treatment center (RTC): An operation that exclusively provides care and treatment services for emotional disorders for 13 or more children up to the age of 18 years. See 40 TAC §745.37.
restrictions: Requirements placed on a permit, including but not limited to capacity, ages of children in care, times of operation, or certain services provided in a residential operation. A restriction is similar to but different from a condition placed on a permit. See 3420 How to Prepare the Permit and 3424 Applying Additional Types of Conditions or Restrictions.
risk evaluation: A process used by DFPS to determine whether a person who has a relevant criminal conviction or Central Registry match poses a risk to the health or safety of children. DFPS completes risk evaluations only when a permit holder or applicant submits a request containing the necessary documentation to DFPS. See 40 TAC §§745.681 – 745.711.
risk evaluation prediction: A process to determine whether a risk evaluation would likely be approved for a person who has an unsustained Central Registry finding that:
• is pending a due process hearing;
• has not been released through an emergency release; and
• would be eligible for a risk evaluation if sustained.
robbery: See Criminal Convictions Charts.
routing coordinator: The DFPS staff member identified in each program and district to receive intake reports from Statewide Intake (SWI) staff. The routing coordinator assesses the reports and assigns them to appropriate staff for investigation or other handling.
sampling concern: A finding documented when, as a result of completing a random-sampling inspection, an inspector finds that an agency foster home or the child-placing agency responsible for the agency foster home is not in compliance with a rule, including a minimum standard, a statute, or a condition of evaluation, probation, or suspension. A sampling concern is not a deficiency. See 4430 Random-Sampling Inspections of CPA Foster Homes.
school, kindergarten and above: Before September 1, 2003, this was a child day-care operation licensed to provide an educational program in one or more grades for children ages four through 13 years. The school operated only during the customary school day. A school, kindergarten and above, is now licensed as a child-care center and must follow Chapter 746, Minimum Standards for Child-Care Centers. Some minimum standard rules in Chapter 746 grandfather certain requirements for schools licensed before September 1, 2003. See 40 TAC §745.37.
school-aged children: A child five years old or older who will attend school in August or September of that year.
security roles: In CLASS, security permissions are grouped into roles based on an employee’s position and job assignment.
serious deficiency: A deficiency or violation that results in a child’s death, serious injury, or harm or immediate risk of serious injury or harm to a child.
serious harm: See substantial harm.
serious incident: Any nonroutine occurrence that has an impact on the care, supervision, or treatment of a child or children. This includes, but is not limited to, suicide attempts, injuries requiring medical treatment, runaways, commission of a crime, and allegations of abuse or neglect or abusive treatment. See 26 TAC §§748.301 and 749.501.
serious injury: Any physical injury to a child that requires medical treatment and resulted or may result in impairment to the child's overall health or well-being. This includes near fatal injuries, but does not include:
• injuries for which a child is evaluated by a professional as a precaution;
• injuries for which first aid is administered at the operation, but no further treatment by a medical professional is warranted; or
• medical events due to routine, ongoing medical issues, such as asthma or seizures.
Also see definition of impairment.
serious mistreatment: A child in care is disciplined, punished, or physically restrained in a manner that is prohibited by minimum standards and sustains a serious injury.
serious violation: See serious deficiency.
service plan: A plan that identifies a child’s basic and specific needs and how those needs will be met.
skills program: A program that teaches a talent, ability, expertise, or proficiency. The program is not a part of a school, child day-care or after-school day care operation, and each child attends less than two hours a day. See 40 TAC §745.117(2).
SOAH: State Office of Administrative Hearings. The state agency that conducts due process hearings. SOAH conducts all appeals and release hearings for the Licensing division. See 40 TAC §745.21(34).
sole proprietorship: Personal ownership with the legal right and responsibility to possess, operate, sell, and otherwise deal with the operation. A sole proprietorship is just one person. Before February 1, 2004, a sole proprietorship could include an operation owned in common by a husband and wife. A license issued to a husband and wife as a sole proprietorship before February 1, 2004, may remain as a sole proprietorship until revoked or surrendered.
staffing: A consultation between professionals to decide on a course of action regarding an operation or other regulation activities. Staffings can include Licensing staff, supervisors, attorneys, or other professionals.
staff shortage – When a child care operation cannot comply with the minimum standards or an operation's own documented ratios that are stricter than minimum standards without allowing a staff person who has not completed his or her fingerprint check to provide direct care or have direct access to the children in care; that is, when an operation lacks the staff (for example, a director, food preparation staff, treatment director, or caregiver) to perform an essential day-to-day function.
stalking: See Criminal Convictions Charts.
standard of proof: The legal standard required to make valid findings. Standards of proof used in legal proceedings are: preponderance of evidence, clear and convincing, and beyond a reasonable doubt. Preponderance of evidence is the standard of evidence used to confirm abuse or neglect in a Licensing investigation and in administrative hearings.
state-operated: Operated by, under the direct jurisdiction of, and responsible to an agency of the State of Texas.
subject to regulation: An operation that provides or desires to provide child care and is required under the Texas Human Resources Code to obtain a permit.
substantial harm: Bodily harm or an observable impairment in a child's psychological growth, development, or functioning that is significant enough to require treatment by a medical or mental health professional.
supervisor: The individual responsible for planning, assigning, and evaluating the workload of a unit of Licensing staff.
suspension: The temporary closure of an operation pending correction of deficiencies with statutes, administrative rules, or minimum standards, or temporary closure for a limited time period as requested by the permit holder. Suspension may be voluntary on the part of the operation or imposed as a remedial action by Licensing.
sustained controlling person: A person who was designated by Licensing as controlling at the time revocation was initiated for an operation’s permit, and the revocation for the operation is now final and the person either:
• waived due process rights regarding the designation; or
• the designation was upheld after exhausting due process rights.
sustained finding: A finding of abuse or neglect that was upheld through a release hearing or through the perpetrator’s defaulting on the opportunity for a release hearing.
sustained perpetrator: A person listed in the DFPS Central Registry and found by DFPS to have abused or neglected a child, but who has already been offered his or her rights to an administrative review and due process hearing, and either:
• the rights to the review and hearing have expired; or
• the abuse or neglect finding was upheld in the due process hearing.
See 40 TAC §745.731(b).
Technical Assistance Library (TA Library): The Technical Assistance Library is an online database of technical assistance resources approved by CCL state office. Licensing staff can access the TA Library through CLASSMate. The TA Library also can be accessed by the public and Licensing staff through the CCL page of the DFPS public website. See 4146 Technical Assistance
technical assistance: Assistance that Licensing staff give to permit holders, applicants, and operation employees to help them comply with applicable law and the minimum standards.
Texas Controlled Substances Act: See the Texas Health and Safety Code, Chapter 481.
toddler: A child from 18 months through 35 months.
treatment director: The person responsible for the overall treatment program providing treatment services. A treatment director may have other responsibilities and may designate treatment director responsibilities to other qualified persons.
variance: An alternate method of compliance requested by a child-care facility or child-placing agencythat allows them to comply with a specific minimum standard in a way that meets the intent of the standard but is different from the usual compliance, as long as the health, safety, and well-being of the children is reasonably protected. See Texas Human Resources Code §42.048(c).
violation: See deficiency.
volunteer: A person who provides child-care services, treatment services, or programmatic services under the auspices of the operation without receiving monetary compensation. Includes a sponsoring family or any type of services under the auspices of the operation that are provided without monetary compensation when the person has unsupervised access to a child in care.
waiver: An exception granted by Licensing when a child-care facility or child-placing agency requests that it not be required to comply with a specific minimum standard. The waiver is granted if Licensing determines that the economic impact of compliance is great enough to make compliance impractical and the possibility of risk is not significantly increased. See Texas Human Resources Code §42.042(j).
water activities: Activities related to the use of splashing pools, wading pools, swimming pools, or other bodies of water.
young adult: An adult whose chronological age is between 18 and 22 years, who is currently in a residential child-care operation, and who continues to need child-care services.