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4000: Monitoring

Appendix 4000-1: Field Guide for Documenting Inspections

LPPH November 2009

Licensing staff use this guide when:

  ·  documenting an inspection in a letter; or

  ·  completing Form 2936 Child-Care Facility Inspection.

Children's Names

When entering into the CLASS system information that will be made available on the DFPS public Web site, Licensing staff do not include children's names.

Children's first names and last initials, only, may be entered on hard copy forms and in sections of CLASS that are not published on the Web.

Staff Names

When entering into CLASS information that will be made available on the DFPS public Web site, Licensing staff do not include the names of Licensing staff or other adult collateral sources, such as relatives, neighbors, teachers, the family doctor, and so on.

Staff names may be documented only in the paper record and in sections of CLASS that are not published on the Web.

Deficiencies Found in Addition to Standards Evaluated

To cite deficiencies found while evaluating minimum standard rules, Licensing staff use the following statement:

In addition to the standards evaluated on this monitoring inspection, the following standards were also found to be deficient.

Obstruction of an Investigation

If an operation attempts to obstruct an investigation, Licensing staff cite Human Resources Code §42.044.

Illegal Operation

For an operation requiring a license, Licensing staff cite Human Resources Code §42.041(a).

For a family home requiring registration, Licensing staff cite Human Resources Code §42.052(d).

For a family home requiring listing, Licensing staff cite Human Resources Code §42.052(c).

Violations of Permit Restrictions, Such as Capacity or Age Range

If an operation violates a restriction on its permit, Licensing staff cite Human Resources Code §42.048(b).

Background Check Deficiency

For not requesting a background check on persons regularly or frequently present, Licensing staff cite 40 TAC §745.615.

For not obtaining the required identifying information, Licensing staff cite 40 TAC §745.623.

For not requesting a background check in a timely manner, Licensing staff cite 40 TAC §745.625.

For allowing access to children before receiving the results of a background check at a residential child care operation, Licensing staff cite HRC 42.056(g).

For not conducting FBI fingerprint checks, Licensing staff cite 40 TAC §745.615.

Employment Affidavit Deficiency

For a deficiency in an employment affidavit, Licensing staff cite the following:

For licensed child-care centers, cite 40 TAC §746.1105(3).

For licensed and registered homes, cite 40 TAC §747.1207(6) (assistant caregiver) or 40 TAC §747.1209 (substitute caregiver).

For licensed general residential operations (GROs) and residential treatment center (RTCs), cite 40 TAC §748.363(6).

For child-placing agencies (CPAs), cite 40 TAC §749.605(4).

For independent foster homes (IFHs), cite 40 TAC §750.301.

Liability Insurance Deficiency

If an operation’s liability insurance is deficient, Licensing staff cite HRC Chapter §42.049.

Hours of Operation Deficiency (Day Care Only)

For a deficiency in the hours of operation, Licensing staff cite the following:

For licensed child-care centers, cite 40 TAC §746.301(6).

For licensed or registered child-care homes, cite 40 TAC §747.301(5).

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