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5000 Child Care Licensing (CCL) Division

SWI Policy and Procedures July 2016

The Child Care Licensing Division (CCL) is responsible for protecting the health, safety, and well-being of Texas children in child-care operations.

Within CCL, regulation is divided by two types of child care:

  •  Day Care Licensing (DCL), regulates operations that provide care to children under age 14 for less than 24 hours at a time; and

  •  Residential Child Care Licensing (RCCL) regulates operations that provide care to children under 18 years old for 24 hours a day.

DFPS Rules, 40 TAC §§745.33, 745.35

In the Licensing Policy and Procedures Handbook, see 1140 Operations and Activities Regulated by Licensing.

When information regarding a CCL operation meets the statutory definition of abuse, neglect, or exploitation, the intake specialist generates an intake for CCL (DCL or RCCL).

See 5200 CCL Intake Assessment Guidelines

When information regarding one of these facilities does not meet the statutory guidelines of abuse, neglect, or exploitation, the information is sent to CCL in the form of an I&R DCL Standards Compliance or I&R LRC Standards Compliance. (In IMPACT, RCCL is sometimes abbreviated as LRC.)

See 5230 CCL Possible Standards Violations: Incidents Not Involving Abuse, Neglect, or Exploitation.

5100 Definitions

SWI Policy and Procedures July 2016

CCL Legal Definitions of Abuse and Neglect: For the legal definitions of the different types of abuse, neglect, exploitation, and human trafficking in CCL reports, see 6231.1 Selecting Allegations of Abuse or Neglect in IMPACT in the Licensing Policy and Procedures Handbook.

Alleged Perpetrator: An alleged perpetrator in a CCL report is a person who works under the auspices of the child-care operation. This includes the following:

  •  Any employee or volunteer of the operation;

  •  Any person under contract with the operation;

  •  A director, owner, operator, or administrator of an operation;

  •  Anyone who has responsibility for the children in care;

  •  Anyone who has unsupervised access to the children in care;

  •  Anyone who regularly or routinely lives at the operation;

  •  Any other person permitted by act or omission to have access to children in care.

DFPS Rules, 40 TAC §745.8553

  •  A DFPS employee if the child is placed in an operation that is regulated by Child Care Licensing (CCL). (In the Licensing Policy and Procedures Handbook, see 6510 Investigation of DFPS Employees.)

Caregiver: A person whose duties include the supervision, guidance, and protection of a child or children.

DFPS Rules, 40 TAC §§745.21(4), 746.105(11), 747.105(12), 748.43(5), and 749.43(6).

Child: A person under 18 years of age.

Texas Human Resources Code §42.002(1)

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. This term encompasses both DCL and RCCL.

Child-in-care: A child-in-care refers to any child who is being cared for in a child-care operation regulated by CCL, not just children in DFPS conservatorship who are in licensed placements.

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.

Texas Human Resources Code §42.002(12)

DFPS Rules, 40 TAC §§745.21(8),745.37

CLASS: Child Care Licensing Automated Support System. A computer application used by Licensing staff for records management.

General Residential Operation: An operation that provides child care for 13 or more children up to the age of 18 years. The care may include treatment services. Residential treatment centers are a type of general residential operation.

DFPS Rules, 40 TAC §745.37(3)

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.

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.

Minimum Standards: The minimum requirements for child-care operations that are published in chapters of the TAC devoted to specific types of operations, and that DFPS enforces to protect the health, safety, and well-being of children.

The minimum standards are contained in the following chapters of Title 40 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)

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.

DFPS Rules, 40 TAC §745.21(27)

Program: Activities and services provided by an operation.

DFPS Rules, 40 TAC §745.21(32)

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.

DFPS Rules, 40 TAC §745.21(33)

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.

DFPS Rules, 40 TAC §745.37

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.

5200 CCL Intake Assessment Guidelines

SWI Policy and Procedures July 2016

Intake specialists use the DCL Intake Guidelines and RCCL Intake Guidelines in conjunction with professional judgment to make assessments of CCL reports. The guidelines help intake specialists identify what information is sufficient to initiate an intake of child abuse, neglect, or exploitation, and what situations are appropriate for handling as possible standards violations.

On the Intake Procedures intranet page, see:

DCL Intake Guidelines

RCL Intake Guidelines

SWI Handling of DCL and RCL Situations

Each report is assessed on a case-by-case basis. It is essential to consult the legal definitions and assess situational factors.

5210 Exploitation and Human Trafficking in CCL Reports

SWI Policy and Procedures July 2016

The Exploitation (EXPL) allegation is only used in RCCL intakes.

The allegations of Sex Trafficking and Labor Trafficking listed in IMPACT are not used in either RCCL or DCL intakes. The human trafficking allegations in IMPACT (LBTR and SXTR) are only used in CPS intakes. CCL does investigate allegations of human trafficking, however when these reports are made, SWI staff must choose an alternative allegation in IMPACT.

In an RCCL operation: If there is alleged human trafficking (either Iabor or sex) of a child by an employee, volunteer, or other individual working under the auspices of a facility or program, the intake specialist selects the Exploitation (EXPL) allegation.

In a day care operation: If human trafficking is alleged, the intake specialist generates an intake using an alternate appropriate allegation (SXAB, PHAB, PHNG, etc).

See 4290 Determining Human Trafficking in CPS Reports.

5220 CCL Assessment of Priority

SWI Policy and Procedures July 2016

A CCL report regarding abuse, neglect, or exploitation is assessed as an intake. All CCL intakes are assigned a priority of 1 or 2 based on the severity and immediacy of alleged harm to children.

In the Licensing Policy and Procedures Handbook, see:

6330 Assessing the Immediate Safety of Children

6220 Assessing an Intake Report for Type of Investigation and Priority

5221 CCL Assessment of Priority 1

SWI Policy and Procedures July 2016

The intake specialist assigns a priority 1 to any CCL report that alleges:

  •  a child’s death, regardless of whether there are any allegations of abuse or neglect contributing to the death of the child; or

  •  an immediate threat of serious physical or emotional harm or death of a child caused by abuse or neglect.

If a child in DFPS conservatorship dies while in a licensed placement, see 2332 A Child’s Death While in CPS Conservatorship.

In the Licensing Policy and Procedures Handbook, see 6222.1 Classifying an Intake Report as a Priority 1 Investigation.

P1 intakes may also be appropriate when an alleged perpetrator continues to maintain access to children, even if the victim child has been removed from the situation.

5222 CCL Assessment of Priority 2

SWI Policy and Procedures July 2016

The intake specialist assigns a priority 2 to any CCL report that alleges abuse or neglect that does not meet P1 criteria.

In the Licensing Policy and Procedures Handbook, see 6222.2 Classifying an Intake Report as a Priority 2 Investigation.

5230 CCL Possible Standards Violations: Incidents Not Involving Abuse, Neglect, or Exploitation

SWI Policy and Procedures July 2016

CCL investigates reports of failures by a DFPS licensed or regulated home or facility to comply with law and minimum standard rules.

Minor incidents of physical discipline that have not resulted in physical injury are considered standards compliance issues (that is, violations of Licensing’s minimum standard rules in the Texas Administrative Code).

SWI does not assess what is or is not a standards violation.

  •  A call that does not meet the definition of abuse, neglect, or exploitation for any program but involve children in an operation investigated by Day Care Licensing (DCL) is taken as an I&R DCL Standards Compliance. The I&R is assigned to the appropriate DCL routing coordinator.

  •  A call that does not meet the definition of abuse, neglect, or exploitation for any program but involve children in an operation investigated by Residential Child Care Licensing (RCCL) is taken as an I&R LRC Standards Compliance. The I&R is assigned to the appropriate RCCL routing coordinator.

  •  A call that meets the definition of abuse, neglect, or exploitation for CPS, DCL, APS, or APS Provider and involves a child who resides in a child-care facility investigated by Residential Child Care Licensing is taken as an intake for that program and an I&R LRC Standards Compliance.

Exception: If a child in CPS conservatorship returns after having run away from a licensed placement, the intake specialist generates an I&R Call regarding existing CPS case, but does not send an I&R LRC Standards Compliance to RCCL.

See 5240 Reports Involving Children in DFPS Conservatorship in a Licensed CCL Operation.

5240 Reports Involving Children in DFPS Conservatorship in a CCL Operation

SWI Policy and Procedures July 2016

CCL is responsible for notifying CPS when a child in DFPS conservatorship is involved in:

  •  an RCCL intake;

  •  a DCL intake; or

  •  a possible standards violation in a CCL operation.

However, the intake specialist completes both an I&R Call Regarding Existing CPS Case and a CCL report (intake or I&R) when a child in DFPS conservatorship:

  •  runs away or is reported to be missing;

  •  was hospitalized or required treatment in an emergency room or hospital because of injury, trauma, or illness;

  •  has been arrested; or

  •  has died.

Note: The four situations listed above all require a call-out to the CPS worker if they occur outside of regular business hours.

See:

2332 A Child’s Death While in CPS Conservatorship

4481 Situations That Always Require an I & R Call Regarding Existing CPS

5230 CCL Possible Standards Violations: Incidents Not Involving Abuse, Neglect, or Exploitation

SWI Handling of DCL and RCL Situations

Exception: If a child in DFPS conservatorship returns after having run away from an RCCL operation, the intake specialist generates an I&R Call Regarding an Existing CPS Case, but does not generate an I&R LRC Standards Compliance.

5250 Child-on-Child Abuse or Neglect in a CCL Operation

SWI Policy and Procedures July 2016

A child in care is never assigned the role of alleged perpetrator in a CCL intake.

A child in care may be assigned the role of alleged perpetrator in intakes for programs other than DCL or RCCL.

When a report is made that a child in care in a CCL operation is allegedly abusing or neglecting another child in care, the intake specialist:

  •  assesses an intake, which contains an allegation of neglectful supervision;

  •  lists the caregiver as the alleged perpetrator; and

  •  lists both the perpetrating child and the victim of the perpetrating child as victims of neglectful supervision.

If the identity of the caregiver is unknown or unclear at intake, the AP is left blank.

Exceptions

Biological Child of the Caregiver

A caregiver’s biological child who abuses a child in care may be considered an alleged perpetrator:

  •  in an RCCL intake if the child is 10 years old or older; and

  •  in a DCL intake if the child is 14 years old or older.

An allegation of neglectful supervision with the caregiver as the alleged perpetrator is also assessed for the child in care because the caregiver was responsible for the child who was abused or neglected. If the identity of the caregiver is unknown or unclear at intake, the AP is left blank.

Adult in Care

A young adult (18 years old or older) in care is not considered a child in care. Therefore, a young adult in the care of an RCCL operation who abuses a child in care may be considered an alleged perpetrator.

An allegation of neglectful supervision with the caregiver as the alleged perpetrator is also assessed for the child in care because the caregiver was responsible for the child who was abused or neglected. If the identity of the caregiver is unknown or unclear at intake, the AP is left blank.

5260 A Child’s Death in a CCL Operation

SWI Policy and Procedures July 2016

Any report of the death of a child while under the care of staff from a CCL operation is completed as a P1 intake, even when there are no clear allegations of abuse or neglect by the caregiver(s) that may have contributed to the death of the child.

For example:

  •  a child on a day care field trip gets stung by a bee and dies (it was not previously known that the child was allergic to bees stings);

  •  a child dies in an automobile accident while riding in a vehicle with the foster parents; or

  •  a child dies from medical complications unrelated to the care provided by the caregiver.

When there are no clear allegations of abuse or neglect:

  •  the allegation most applicable to the situation is selected;

  •  no perpetrator is listed on the Person List; and

  •  the alleged perpetrator for the allegation on the Intake Actions page is left blank.

When a CCL intake is generated regarding a child death, the intake specialist must also call out the information to the on-call CPS worker if the child is listed in IMPACT as being a resident of a licensed placement.

See SWI Handling of DCL and RCL Situations.

5300 Day Care Licensing (DCL)

SWI Policy and Procedures July 2016

Intake specialists assess all reports regarding day care operations as intakes or I&Rs DCL Standards Compliance, regardless of their status as regulated, illegal, unregulated, or exempt.

5310 Day Care Operations That Are Regulated by DCL

SWI Policy and Procedures July 2016

Day care operations regulated by DCL will appear in IMPACT resources. When SWI receives a report regarding a day care program, the intake specialist assesses the information as a DCL intake or I&R DCL Standards Compliance.

Examples of regulated child day care programs include: listed family homes, registered child-care homes, licensed child-care homes, licensed child-care centers, before or after school programs, school age programs, temporary-shelter daycare operations, and small employer-based child-care operations. 

For more information on these types of operations, see the Licensing Policy and Procedures Handbook 1141 Types of Child Day Care Operations.

5320 Operations Exempt from Regulation by DCL

SWI Policy and Procedures July 2016

Some operations that provide day care for children are exempt from DCL regulation. This is either by statute or because they are regulated by another agency. Common examples of operations that may be considered exempt include: day care provided on a military base or in a Native American Nation, two week religious instructional programs, child care provided at a gym while their parents are on the premises, day-time youth camps, or single-skill programs (such as karate or gymnastics classes that do not provide any services that are not directly related to the development of the single skill).

For an operation to be exempt, it must meet very specific criteria on an ongoing basis. These criteria vary on the type of operation, but may include: staying within set parameters of the hours, days, and months that child care is provided, the location of the facility, and the purpose of the program. If an exempt facility begins operating outside of these set parameters, DCL staff addresses this.

Intake specialists are not responsible for determining whether a day care program is subject to regulation or is exempt. Exemption determination requires a collection of extensive information, and can only be done by DCL field staff. When a report is made on these operations, the intake specialist assesses the information as either a DCL intake or I&R DCL Standards Compliance.

DFPS Rules, TAC §§745.115, 745.117, 745.119, and 745.129

Only regulated operations are listed in IMPACT resources. The intake specialist manually completes the Facility section of the Call Information page when documenting an intake for an operation not listed in IMPACT.

5330 DCL Illegal Operations

SWI Policy and Procedures July 2016

When SWI receives information regarding a day care program that may be subject to DCL regulation, but is reported to be operating illegally, the intake specialist completes an I&R DCL Standards Compliance, even when there are:

  •  no allegations that minimum standard rules have been violated; and

  •  no allegations or indications of abuse, neglect, or exploitation.

If there are allegations of abuse or neglect, a DCL intake is completed.

Illegal operations are not listed in IMPACT resources. The intake specialist manually completes the Facility section of the Call Information page when documenting an intake for an illegal operation.

5340 Determining Whether Child Care Provided in the Caregiver’s Home is Subject to DCL Regulation

SWI Policy and Procedures July 2016

A caregiver may be subject to DCL regulation if:

  •  the care is provided in the caregiver’s home;

  •  the caregiver is providing care to at least one unrelated child; and

  •  care is provided to children for at least four hours a day, three or more days per week, for three or more consecutive weeks, or the child is in care for four hours a day for 40 or more days in a period of 12 months.

Texas Human Resources Code §42.002(17)

If the care provided meets all of the criteria listed above, then the caregiver is subject to DCL regulation and may be operating illegally. However, often the reporter is unable to provide this level of detail about the timeframes that children are in care. If the timeframes are unknown or appear to be close to the criteria above, SWI must generate one of the following:

  •  an intake for DCL if the information meets the guidelines for abuse, neglect, or exploitation; or

  •  an I&R DCL Standards Compliance if the information does not meet the guidelines for abuse, neglect, or exploitation.

If the intake specialist can determine with certainty that the caregiver is not subject to regulation, a DCL intake or I&R DCL Standards Compliance is not supported. The intake specialist assesses for the appropriate I&R type or intake for another program.

Examples of situations that do not fall under DCL regulations:

  •  a neighbor watches a child for an hour after school each weekday (whether in her own home or the child’s home);

  •  a teenage babysitter watches children in her home or in the child’s own home one evening a week while the parents are bowling;

  •  a child who is ill spends the day with a family friend while the parents work; or

  •  a caregiver, such as a nanny, provides care for a child in the child’s own home.

The intake specialist assesses reports of abuse, neglect or exploitation to determine whether law enforcement needs to be notified, or as in the case of the babysitter or nanny in the child’s own home, a CPS intake is warranted.

Caregiver Providing Care for Both Related and Unrelated Children

If care is provided to children who are unrelated to the caregiver, as well as children who are related to the caregiver, the intake specialist assesses whether the child care for the unrelated children meets the guidelines for DCL regulation by ascertaining whether the care is provided at least half time (for example, at least four hours per day, three or more days per week, for three or more consecutive weeks, or four hours a day for 40 or more days in a period of 12 months).

  •  If the situation meets the guidelines for DCL regulation, the intake specialist follows SWI procedure for assessing and processing a CCL report (intake or I&R, DCL Standards Compliance).

  •  If the situation does not meet the requirements for DCL regulation, the intake specialist assesses whether law enforcement needs to be notified.

The intake specialist also assesses the information and determines whether the allegations involving the related children meet guidelines for a CPS intake.

See:

2761 Reports of Abuse, Neglect, Exploitation, or Death Investigated by Law Enforcement.

5350 IMPACT Procedures Specific to DCL

SWI Policy and Procedures July 2016

This section contains only documentation details unique to DCL. For a more complete reference, see 3000 Processing Reports.

5351 Facility Section for DCL Reports

SWI Policy and Procedures July 2016

The intake specialist must complete the Facility section on the Call Information page in IMPACT for DCL reports. To do so, a facility search is performed. See:

3119 Facility Section

3210 Resource Directory

3211 Performing a Resource or Facility Search

5352 DCL Case Name

SWI Policy and Procedures July 2016

If the operation is a facility, the case name is the name of the day care facility.

If the operation is a child-care home, the case name is the name of the child-care provider.

5353 DCL Person List

SWI Policy and Procedures July 2016

Only the alleged perpetrator and the children who are alleged to have been victims are listed as principals. Parents of the victims and other people with additional information on the case are listed as collaterals.

5354 DCL Assignment and Call-Out

SWI Policy and Procedures July 2016

P1 and P2 Intakes

Intake specialists save and assign P1s and P2s to designated support staff for processing. See the Manual Assignment Chart.
.

I&Rs

Intake specialists save and assign all I&R DCL Standards Compliance to the routing coordinator in the county where the home or facility is located. SWI does not save and close any I&R DCL Standards Compliance.

See the Manual Assignment Chart.

5400 Residential Child Care Licensing (RCCL)

SWI Policy and Procedures July 2016

Intake specialists assess all reports regarding residential child-care operations as intakes or I&Rs LRC Standards Compliance, regardless of their status as regulated, unregulated, or illegal. Intakes or I&Rs LRC Standards Compliance are also taken for most exempt RCCL operations with four exceptions.

See Exceptions under 5420 Operations Exempt from Regulation by RCCL.

5410 Residential Child Care Operations That Are Regulated by RCCL

SWI Policy and Procedures July 2017

Residential child care operations regulated by RCCL will appear in IMPACT resources. When SWI receives a report regarding a residential child care operation, the intake specialist assesses it as an RCCL intake or I&R RCL Standards Compliance, regardless of whether or not the facility is listed in IMPACT as active or inactive.

RCCL regulates the following types of residential child care operations:

  •   Foster family homes (independent)

  •   Foster group homes (independent)

  •   General residential operations (GRO)

  •   Child placing agencies (CPA)

  •   CPA foster homes

  •   CPA foster group homes

  •   CPA adoptive homes

For more information on these types of operations, see Licensing Policy and Procedures Handbook 1142 Types of Residential Child Care.

Foster Care Redesign

Foster Care Redesign is a service delivery model that relies on a single contractor (Single Source Continuum Contractor, or SSCC) to sub-contract with residential child care operations to provide paid foster care placement and services to children and youth in DFPS legal conservatorship from a designated geographic catchment area. The SSCC is also responsible for delivering services, with necessary service coordination, to the families and/or any other individual or entity that is significant to the achievement of safety, permanency, and well-being of children in paid foster care.

5420 Operations Exempt from Regulation by RCCL

SWI Policy and Procedures July 2016

Some operations that provide residential care for children are exempt from RCCL regulation. This is either by statute or because they are regulated by another agency.  Common examples of operations that may be considered exempt include: overnight youth camps, short-term programs, religious programs, and educational programs.

For an operation to be exempt, it must meet very specific criteria on an ongoing basis. These criteria vary on the type of operation, but may include: staying within set parameters of the hours, days, and months that child care is provided, the location of the facility, and the purpose of the program. If an exempt facility begins operating outside of these set parameters, RCCL staff addresses this.

Apart from the exceptions listed below, intake specialists are not responsible for determining whether a residential child-care program is subject to regulation or is exempt. Exemption determination requires collection of extensive information, and can only be done by RCCL field staff. For this reason, when a report is made on these operations, the intake specialist assesses the information as either an RCCL intake or I&R RCCL Standards Compliance.

DFPS Rules, 40 TAC §§745.115, 745.117, 745.119, and 745.129

Only regulated operations are listed in IMPACT resources. The intake specialist manually completes the Facility section of the Call Information page when documenting an intake for an operation not listed in IMPACT.

Exceptions: When SWI May Determine Exemption Status

There are four situations where exemption status is most clear and may be determined as such by intake specialists. Intake specialists are not required to send intakes or I&Rs to RCCL when encountering these four situations.

For these, the intake specialist determines if an intake for another program or I&R is appropriate.

The following are exempt from RCCL regulation, and may be identified as such by intake specialists:

  •  A foreign exchange/sponsorship program, if the children are in the United States on a time-limited visa and the children are under the sponsorship of the person with whom they are living or the sponsorship of some organization. The intake specialist assesses for a CPS intake when there are allegations of abuse, neglect or exploitation of a child in one of these programs.

DFPS Rules, 40 TAC §745.117(4)

  •  A juvenile detention or correctional facility certified under 261.405 of the Texas Family Code that provides services solely for the Texas Juvenile Justice Department. The intake specialist refers the caller to the TJJD Administrative Investigations Division 1.877.786.7263 (1.877.STOP.ANE) to report abuse, neglect or exploitation. If the caller is unwilling or unable to report to TJJD, the intake specialist sends an I&R Protective Matter Referred On to TJJD.

      See 2731 Texas Juvenile Justice Department.

  •  A treatment facility for treating chemically dependent youth. The intake specialist refers the caller to DSHS Substance Abuse Services on the DSHS website (http://dshs.texas.gov/facilities/complaints.aspx) to report abuse, neglect, or exploitation of clients in DSHS Substance Abuse facilities. If the caller is unwilling or unable to report to DSHS, the intake specialist sends an I&R Referred to DSHS.

  •  Boarding Schools. The intake specialist assesses for a CPS intake when there are allegations of abuse, neglect or exploitation at a boarding school.

In the Licensing Policy and Procedures Handbook (LPPH), see:

2350 Governmental Entities That Are Exempt from DFPS Regulation

2360 Programs of Limited Duration That Are Exempt From DFPS Regulation

2370 Educational Programs That Are Exempt from Regulation by DFPS

2380 Miscellaneous Programs Exempt from DFPS Regulation

Appendix 2000-4: Decision Guide: Is the Care Being Provided Subject to Regulation?

5430 The Department or Agency which Licenses a Residential Facility Is Unclear

SWI Policy and Procedures July 2016

Children’s residential facilities are generally licensed by:

  •  DFPS;

  •  the Texas Juvenile Justice Department (TJJD) ; or

  •  the DSHS Substance Abuse Services.

The intake specialist must complete a facility search to determine which agency or department has jurisdiction.

If the agency or department which licenses the facility cannot be determined or if the facility is unlicensed, the intake specialist assesses the information as an RCCL intake or I&R LRC Standards Compliance, following the usual assessment and processing procedures.

Only regulated operations are listed in IMPACT resources. The intake specialist manually completes the Facility section of the Call Information page when documenting an intake for an operation not listed in IMPACT.

5440 RCCL Illegal Operations

SWI Policy and Procedures July 2016

When SWI receives information regarding a residential operation that may be subject to RCCL regulation, but is reported to be operating illegally, the intake specialist completes an I&R LRC Standards Compliance, even when there are:

  •  no allegations that minimum standard rules have been violated; and

  •  no allegations or indications of abuse, neglect, or exploitation.

If there are allegations of abuse or neglect, an RCCL intake is completed. Illegal operations are not listed in IMPACT resources. The intake specialist manually completes the Facility section of the Call Information page when documenting an intake for an illegal operation.

5450 Special Situations Involving RCCL Operations

5451 When the Victim Is 18 or Older

SWI Policy and Procedures July 2016

An RCCL intake is completed if there are allegations of past abuse, neglect, or exploitation when the victim was under 18 years of age at the time of the incident. That person is identified as the oldest victim (OV) on the person list, even if he or she is now over the age of 18.

An I&R LRC Standards Compliance is completed and sent to RCCL when reports of possible standards violations occurred and the child was under 18 years of age at the time of the incident.

An I&R LRC Standards Compliance is completed and sent to RCCL if there are allegations of abuse, neglect, or exploitation or possible standards violation when the victim was 18 years of age or older at the time of incident.

Adult Victim with a Disability

RCCL does not have jurisdiction to investigate abuse, neglect, or exploitation of a victim currently residing in an RCCL facility who is 18 years or older and has a disability.

APS investigates current allegations of abuse, neglect, or exploitation of adults with substantial impairments who reside in RCCL operations. In these situations, an I&R LRC Standards Compliance is also completed for RCCL.

However, if there are also allegations of abuse, neglect, or exploitation of children currently in the operation, an intake for RCCL is completed instead of an I&R. Only known child victims are listed as victims in the RCCL intake. 

In the Adult Protective Services (APS) Handbook, see 1420 Assessing Residential Child-Care Facility Allegations.

5452 Assessing Reports of Alleged Sex Offenders in a Foster Home (Active Vs Inactive)

SWI Policy and Procedures July 2016

When SWI receives a report regarding a residential child-care operation, the intake specialist assesses these reports as an RCCL intake or I&R LRC Standards Compliance, regardless of whether or not the facility is listed in IMPACT as active or inactive.

Intake specialists use the following procedures if there are reports of alleged sex offenders currently or previously residing in licensed foster homes.

  •  If it is reported that an alleged sex offender is currently residing in an active foster home, the intake specialist generates an RCCL intake for NSUP by the foster parents. An intake is required even if there are no foster children currently residing in the home, and regardless of whether or not there have been any outcries of sexual abuse.

  •  If there are no children currently residing in the home, the intake specialist creates an “unknown” child on the person list to represent the Oldest Victim (OV).

  •  The alleged sex offender should only be listed as the AP if there has been a specific outcry, or information alleging abuse towards a child in the home.

  •  If it is reported that an alleged sex offender is currently residing in an inactive foster home, the intake specialist sends this information as an I&R RCL Standards Compliance.

  •  If it is reported that an alleged sex offender previously resided in a foster home that is currently active or inactive, and there are no known outcries, an I&R RCL Standards Compliance is assessed.

5453 Assessing Reports of Alleged Sex Offenders at RCCL Regulated Facilities

SWI Policy and Procedures July 2016

If it is reported that an alleged sex offender is working under the auspices of an RCCL regulated facility, the intake specialist generates an RCCL intake for NSUP by an unknown AP on an unknown child. An intake is required regardless of whether or not there have been any outcries of sexual abuse.

The alleged sex offender should only be listed as an AP if there has been a specific outcry, or information provided to allege abuse towards a child in the facility.

5454 Determining RCCL or CPS Jurisdiction for a Child in Relative or Fictive Kin Placement

SWI Policy and Procedures July 2016

A child in CPS conservatorship may be placed with a relative or fictive kin (such as a former stepparent, a parent’s paramour, or a godparent). For a complete definition of fictive kin, see the Child Protective Services Handbook, 4513 Definition of a Fictive Kin or Other Designated Caregiver.

If allegations of abuse or neglect are made against the relative, fictive kin, or someone in the home, the allegations may be investigated by either CPS or RCCL, depending on whether the home is licensed or verified.

If the Placement is a Licensed or Verified Foster Home

If the relative or fictive kin placement is a licensed or verified foster home according to IMPACT resources, the intake specialist generates an intake to RCCL.

The case name is the name of the Child Placing Agency that verified the home, and the case is processed like a normal RCCL intake.

If the Placement is NOT a Licensed or Verified Foster Home

If the relative or fictive kin placement is not licensed or verified, the intake specialist generates an intake to CPS.

If allegations are against the relative, fictive kin, or someone in the home, the relative or fictive kin is the case name.

5455 Abuse or Neglect by Home Health Providers

SWI Policy and Procedures July 2016

If a child in an RCCL placement is abused, neglected, or exploited by a home health provider, the intake specialist generates an intake for RCCL with the caregiver (ie. foster parent) as an alleged perpetrator of NSUP, regardless of the caregiver’s knowledge or role. The home health nurse cannot be an alleged perpetrator in an RCCL intake.

The intake specialist also assesses whether an APS Provider Investigations intake is appropriate.

5456 Law Enforcement Reports Family Violence in RCCL Foster Homes

SWI Policy and Procedures July 2016

Law enforcement is required by law to report any family violence incident that:

  •  occurred at the address of a DFPS foster home; or

  •  involves anyone whose residential address matches that of a DFPS foster home.

An IMPACT Resource Search using the foster home’s resource identification number is completed to determine whether the home is an RCCL foster home. If the home cannot be found following this initial search, searches using the name and address are completed.

If law enforcement found the foster home in the law enforcement database, but the intake specialist was unable to locate the foster home in IMPACT, a report (either intake or I&R LRC Standards Compliance) is still completed for RCCL.

The intake specialist assesses information regarding family violence in foster homes per established policy for determining abuse, neglect, or exploitation regardless of who the reporter is.

The intake specialist processes the report according to standard procedures for completing an RCCL intake or I&R LRC Standards Compliance. If a foster home is shown in IMPACT to be inactive, the intake specialist completes an I&R LRC Standards Compliance.

The intake specialist obtains and documents:

  •  the names, dates of birth (DOBs), and Social Security numbers (SSNs) of all persons involved in the domestic violence incident;

  •  the location of the incident, as the incident may have occurred at a location other than the foster home;

  •  the foster home’s resource identification number as found in the law enforcement database;

  •  details of the current incident and any other relevant information; and

  •  any action taken by law enforcement, as well as the law enforcement agency’s report number or incident number.

5460 IMPACT Procedures Specific to RCCL

SWI Policy and Procedures July 2016

This section contains only documentation details unique to RCCL. For more information, see:

3000 Processing Reports

5461 Facility Section for RCCL Reports

SWI Policy and Procedures July 2016

The intake specialist completes the Facility section of the Call Information page in IMPACT for RCCL reports. To do so, a facility search is performed.

For facilities other than foster homes (such as Residential Treatment Centers), the intake specialist performs a search using the facility name.

See:

3119 Facility Section

3210 Resource Directory

3211 Performing a Resource or Facility Search

5461.1 Determining the Correct Resource Name for Foster Homes

SWI Policy and Procedures July 2017

Foster homes and foster group homes are referred to in IMPACT as Agency Home, Agcy Ther FF Home, Agency Home - Mod, FPS F/A Homes, or Ind.

The intake specialist completes a resource search from the Resource tab using the name of the foster parents to determine the facility type.

Child Placing Agency (CPA) Homes

Once the foster parent’s name is found on the Resource Search results screen, the intake specialist locates the Facility Type column. If the word Agency or Agcy is listed under Facility Type, the foster home is a CPA home and the CPA is the correct resource. If the CPA sub-contracts with an SSCC (Single Source Continuum Contractor), the correct resource is still the CPA. See 5410 Residential Child Care Operations That Are Regulated by RCCL.

The intake specialist clicks the hyperlink of the foster parent name. The CPA that monitors the home is listed in the Contact box on the Resource Detail screen.

After obtaining the CPA’s name, the intake specialist completes a search using the CPA’s name. Occasionally, there is more than one listing for the same CPA, which means there are multiple offices. When this occurs, the correct resource name to select is the one that has a check under the C column on the Resource Search Results page. If more than one name is checked, the intake specialist must click the hyperlink of one of the names to access the Resource Detail screen. At the top of this screen, the intake specialist selects the Facility Detail tab and then the Homes List. If the foster family is listed, this is the correct CPA office.

The resource name is the name of the CPA and is never the name of the foster parent.

CPS Foster Homes

Once the foster parent’s name is found on the Resource Search results screen, the intake specialist locates the Facility Type column. If FPS F/A Home is listed under Facility Type, the home is a CPS foster or adoptive home. To find the CPS region responsible for monitoring the home, the intake specialist clicks on the foster parent’s name hyperlink, which displays the Resource Detail page. The region’s number is listed in the Maintainer box.

The resource name is the name of the Texas Dept Of Fps Reg 1-11 (Region #) and is never the name of the foster parent.

Independent Foster Homes

If Ind is listed under Facility Type on the Resource Search results page, the foster home’s name is listed under Resource Name.

Independent foster homes and independent foster group homes may have a name such as Youth Reach Houston or may be listed under the name of a foster parent.

When the Name of the Foster Parent or Facility Is Not Known

If the name of the foster parent or the facility is not known, a search of the child’s placement events may provide this information.

The intake specialist performs a person search using the victim’s name and takes the following steps after locating the correct name.  

  1. Click on the name.

  2. On the Person Detail screen, select View Placements Events from the View Options drop-down list.

  3. Click the Search button. A list of the child’s placements pulls up.

  4. Click on the Placement hyperlink.

After taking the steps above, use the following table to determine the name of the foster parent or facility.

If…

Then…

the child is placed in a foster home licensed by a CPA …

  •   the Placement Type (located under Placement Detail) is listed as FPS Contracted Foster Placement;

  •   the Agency field (located under the Placement Name) displays the name of the CPA (such as The Bair Foundation, Lutheran Social Services, and others) that licenses the foster home; and

  •   the Facility field (located under Placement Name) lists the name of the foster parents.

the child is placed in a foster home licensed by CPS …

  •   the Placement Type (located under Placement Detail) is listed as FPS Fost/Adopt Home;

  •   the Agency field (located under Placement Name) is blank; and

  •   the Facility field (located under Placement Name) lists the name of the foster parents.

the child is placed in an independent foster home …

  •   the Placement Type (located under Placement Detail) is listed as FPS Contracted Foster Placement;

  •   the Agency field (located under the Placement Name) is blank; and

  •   the Facility field (located under Placement Name) lists the name of the facility.

5462 RCCL Case Name

SWI Policy and Procedures July 2016

If the intake or I&R are regarding a foster home, use the Child Placing Agency’s name for the case name. If the intake or I&R are regarding an RCCL operation such as a residential treatment center or shelter, use the operation’s name for the case name.

5463 RCCL Person List

SWI Policy and Procedures July 2016

If the victim or alleged perpetrator’s name is not known, see 3121 Name Section.

Residential Facility or Shelter Setting

Roles of persons involved in reported incidents are determined as follows:

  •  Only a child who was involved in a reported incident of abuse or neglect is listed as a victim.

  •  When a child was involved in a reported incident of abuse or neglect, but it is not known if the child is an actual victim, the child is listed as a principal (PRN) whose role is unknown (UNK).

  •  When a child was not involved in a reported incident of abuse or neglect, but witnessed the incident, the child is listed as a collateral (COL). If the child’s name is not known, the information is not listed on the Person List. Instead, the intake specialist documents any identifying information in the narrative.

  •  Children in the facility who are not victims or did not witness the incident are not documented on the Person List.

  •  A staff person who is the alleged perpetrator is listed as a principal (PRN). A staff person who was involved in a reported incident, but his or her role is unknown, is listed as a principal (PRN) with an unknown role.

  •  Other staff who may have witnessed the incident are listed as COL.

Foster Home Setting

Roles of persons involved in reported incidents are determined as follows:

  •  All household members are listed as principals.

  •  Only a child who was an actual victim in a reported incident of abuse or neglect is listed as a victim.

  •  The roles of the other children in the home are listed as unknown (UNK) or no role (NO).

If names are not known, see 3121 Name Section.

See 5451 When the Victim is 18 or Older.

5464 RCCL Assignment and Call Out

SWI Policy and Procedures July 2016

RCCL Intakes and I&Rs are assigned to the county in which the residential facility or foster home is located.

If a foster home is with a Child Placing Agency (CPA), the report is assigned to the county in which the foster home is located. When the foster home and CPA are in different counties, a change of county is necessary. See 3910 Change of County for Case Assignment.

P1 and P2 Intakes

Intake specialists save and assign P1s and P2s to designated support staff for processing.

See the Manual Assignment Chart to find the designated support staff.

I&Rs

All RCCL I&Rs are routed to the designated field staff in the county in which the facility or foster home is located. SWI does not close any I&Rs LRC Standards Compliance.

See the Manual Assignment Chart.

Call Out

I&R LRC Standards Compliance, including I&Rs regarding children in CPS conservatorship that have run away, are not called out to Licensing.

See the Manual Assignment Chart.

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