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8000 Child Care Investigations (CCI) and Child Care Regulation (CCR)

SWI Policy and Procedures January 2021

Child Care Investigations (CCI) is a division of Child Protective Investigations that is responsible for investigating allegations of abuse, neglect or exploitation of children in a child care setting.

Within CCI, investigations are divided into two types of child care:

  • Day Care Investigations (DCI) investigates allegations of abuse, neglect, or exploitation in operations that provide care to children under age 14 for less than 24 hours at a time.
  • Residential Child Care Investigations (RCCI) investigates allegations of abuse, neglect, or exploitation in operations that provide care to children under 18 years old for 24 hours a day.

HHSC Rules, 26 TAC§745.33, §745.35

Child Care Regulation (CCR) is responsible for protecting the health, safety, and well-being of Texas children in child-care operations, through regulation, licensing and monitoring.

Within CCR, regulation is divided into two types of child care:

  • Day Care Regulation (DCR), regulates operations that provide care to children under age 14 for less than 24 hours at a time.
  • Residential Child Care Regulation (RCCR) regulates operations that provide care to children under 18 years old for 24 hours a day.

HHSC Rules, 26 TAC 745.35

In the Child Care Investigations Handbook, see 1140 Operations and Activities Regulated by Licensing.

When information regarding a CCR operation meets the statutory definition of abuse, neglect, or exploitation, the intake specialist generates an intake for CCI, (DCI or RCCI).

See 8200 CCI 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 CCR in the form of an I&R DCL Standards Compliance or I&R RCL Standards Compliance. (In IMPACT, DCR is abbreviated DCL and RCCR is sometimes abbreviated as either RCCL or RCL.)

See 8230 CCR Possible Standards Violations: Incidents Not Involving Abuse, Neglect, or Exploitation

8100 Definitions

SWI Policy and Procedures January 2021

CCI Legal Definitions of Abuse and Neglect

For the legal definitions of the different types of abuse, neglect, exploitation, and human trafficking in CCI reports, see the Child Care Investigations Handbook, 6231.1 Selecting Allegations of Abuse or Neglect in IMPACT.

Alleged Perpetrator

An alleged perpetrator in a CCI report is a person who works under the auspices of the child-care operation. This includes any of the following people:

  • 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 §707.783

  • A DFPS employee if the child is placed in an operation that is regulated by Child Care Regulation (CCR). See the Child Care Investigations Handbook, 6510 Investigation of DFPS Employees.

Caregiver

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

HHSC Rules, 26 TAC §§745.21(4), 746.105(11 ), 747.123(9),748.43(5) , and 749.43(6)

Child

A person under 18 years of age.

Texas Human Resources Code §42.002(1)

Child Care Regulation (CCR)

The division within Health and Human Services (HHSC) 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 DCR and RCCR.

Child-in-care

A child-in-care refers to any child who is being cared for in a child-care operation regulated by CCR, 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 HHSC minimum standards.

Texas Human Resources Code §42.002(12)

HHSC Rules, 26 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.

HHSC Rules, 26 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 CCR 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 HHSC enforces to protect the health, safety, and well-being of children.

The minimum standards are contained in the following chapters of Title 26 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 CCR. 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.

HHSC Rules, 26 TAC §745.21(27)

Program

Activities and services provided by an operation.

HHSC Rules, 26 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.

HHSC Rules, 26 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.

HHSC Rules, 26 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.

8200 CCI Intake Assessment Guidelines

SWI Policy and Procedures January 2021

Intake specialists use the DCI Intake Guidelines and RCCI Intake Guidelines in conjunction with professional judgment to make assessments of CCI 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:

DCI Intake Guidelines

RCCI Intake Guidelines

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

8210 Exploitation and Human Trafficking in CCI Reports

SWI Policy and Procedures January 2021

In either a CCR or  RCCR 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.

See 4212 Human Trafficking.

8220 CCI Assessment of Priority

SWI Policy and Procedures January 2021

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

See Child Care Investigations Handbook:

6330 Assessing the Immediate Safety of Children

6220 Assessing an Intake Report for Type of Investigation and Priority

8221 CCI Assessment of Priority 1

SWI Policy and Procedures January 2021

The intake specialist assigns a Priority 1 (P1) to any CCI report that alleges either of the following:

  • A child’s death, regardless of whether there are any allegations of abuse or neglect contributing to the death of the child.
  • An immediate threat of serious physical or emotional harm or death of a child caused by abuse or neglect.

P1 intakes may also be appropriate when an alleged perpetrator poses an immediate threat to other children in care, even if the victim child has been removed from the situation.

8222 CCI Assessment of Priority 2

SWI Policy and Procedures January 2021

The intake specialist assigns a Priority 2 (P2) to any CCI report that alleges abuse or neglect that does not meet P1 criteria.

See Child Care Investigations Handbook, 6222.2 Classifying an Intake Report as a Priority 2 Investigation.

8230 CCR Possible Standards Violations: Incidents Not Involving Abuse, Neglect, or Exploitation

SWI Policy and Procedures May 2021

CCR investigates reports of failures by a HHSC 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 Regulation’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 involves a child in an operation regulated by Day Care Regulation (DCR) is taken as an I&R DCL Standards Compliance. The I&R is assigned to the appropriate DCR routing coordinator.
  • A call that does not meet the definition of abuse, neglect, or exploitation for any program but involves a child in an operation regulated by Residential Child Care Regulation (RCCR) is taken as an I&R RCL Standards Compliance. The I&R is assigned to the appropriate RCCR routing coordinator.
  • A call that meets the definition of abuse, neglect, or exploitation for CPI, DCI, APS, or Provider Investigations and involves a child who resides in a child-care facility regulated by Residential Child Care Regulations is taken as an intake for that program and an I&R RCL Standards Compliance.

Exception: If a child in DFPS 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 RCL Standards Compliance to RCCR.

See 8240 Reports Involving Children in DFPS Conservatorship in a CCR Operation.

8240 Reports Involving Children in DFPS Conservatorship in a CCR Operation

SWI Policy and Procedures January 2021

Required CVS Caseworker Notification

The intake specialist completes an I&R CVS Caseworker Notification anytime a child in DFPS conservatorship is a principal in an intake for Residential Child Care Investigations or Day Care Investigations.

The intake specialist completes separate I&Rs when there are either:

  • Multiple unrelated children.
  • Related children with different CVS workers.

See 3101 CVS Caseworker Notification.

This I&R type is not used when the only report completed is an I&R.

Additional Required I&Rs

The intake specialist completes both an I&R To Existing CPS Case and a Residential Child Care Investigation or Day Care Investigation report (intake or I&R) when any of the following situations occur regarding a child in DFPS conservatorship:

  • The child has run away or returned to the placement after running away.
  • The child has been hospitalized or has required urgent, unplanned treatment by a medical professional because of injury, trauma, or illness.
  • The child has been arrested.
  • The child has died.
  • There has been a breakdown in the child’s placement which requires an immediate move to a new placement.
  • Any report (whether an intake or an I&R) that indicates that the child has been involved in human trafficking.

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

See:

4561.11 Situations That Always Require an I&R to Existing CPS Case

8230 CCR Possible Standards Violations: Incidents Not Involving Abuse, Neglect, or Exploitation

CCR Situations Involving a Child in DFPS Conservatorship

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

8250 Child-on-Child Abuse or Neglect in a CCR Operation

SWI Policy and Procedures January 2021

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

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

When a report is made that a child in care in a CCR 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.
  • 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 either of the following situations:

  • In an RCCI intake if the caregiver’s biological child is 10 years old or older.
  • In a DCI intake if the caregiver’s biological child is 14 years old or older.

An allegation of neglectful supervision with the caregiver as the alleged perpetrator (AP) 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 RCCR 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.

8260 A Child’s Death in a CCR Operation

SWI Policy and Procedures January 2021

Any report of the death of a child while in the care of a CCR 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 bee stings).
  • A child dies in an automobile accident while riding in a vehicle with the foster parents.
  • 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 intake specialist does the following:

  • Selects the allegation most applicable to the situation.
  • Does not list a perpetrator on the Person List.
  • Leaves the alleged perpetrator for the allegation blank on the Intake Actions page.

When a CCI 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 CCR Situations Involving a Child in DFPS Conservatorship.

8300 Day Care Regulation (DCR)

SWI Policy and Procedures January 2021

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.

8310 Day Care Operations That Are Regulated by DCR

SWI Policy and Procedures January 2021

Day care operations regulated by DCR will appear in IMPACT resources. When SWI receives a report regarding a day care program, the intake specialist assesses the information as a DCL or CCI 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.
  • Small employer-based child-care operations. 

For more information on these types of operations, see the Child Care Investigations Handbook 1141 Types of Child Day Care Operations.

8320 Operations Exempt from Regulation by DCR

SWI Policy and Procedures January 2021

Some operations that provide day care for children are exempt from DCR 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 a child's parents are on the premises.
  • Day-time youth camps.
  • 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 childcare is provided.
  • The location of the facility.
  • The purpose of the program.

If an exempt facility begins operating outside of these set parameters, DCR 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 DCR field staff. When a report is made on these operations, the intake specialist assesses the information as either a DCI intake or I&R DCL Standards Compliance.

HHSC Rules, 26 TAC §§745.115, 745.11, 745.119, and 745.129

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

8330 DCR Illegal Operations

SWI Policy and Procedures January 2021

When SWI receives information regarding a day care program that may be subject to DCR 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.
  • 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 Resource section of the Report Information page when documenting an intake for an illegal operation.

8340 Determining Whether Child Care Provided in the Caregiver’s Home is Subject to DCR Regulation

SWI Policy and Procedures January 2021

A caregiver may be subject to DCR regulation if all of the following apply:

  • The care is provided in the caregiver’s home.
  • The caregiver is providing care to at least one unrelated child.
  • 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 DCR 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 either of the following:

  • An intake for DCI 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 DCI 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 DCR regulations include the following:

  • 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.
  • 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 CPI intake is warranted.

8350 IMPACT Procedures Specific to DCI

SWI Policy and Procedures January 2021

This section contains only documentation details unique to DCI. For a more complete reference, see 3000 Information & Referral (I&R) Reports.

8351 Resource Section for DCI Reports

SWI Policy and Procedures January 2021

The intake specialist must complete the Resource section on the Report Information page in IMPACT for DCI reports. To do so, a facility search is performed.

See:

2430 IMPACT Resource Searches

2640 Resource Section

8352 DCI Case Name

SWI Policy and Procedures January 2021

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.

8353 DCI Person List

SWI Policy and Procedures January 2021

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.

8354 DCI Report Processing

SWI Policy and Procedures January 2021

P1 and P2 Intakes

P1 and P2 intakes are either auto assigned, or if the auto-assign feature- is not used or available, then manually assigned according to the instructions in the Assignment Charts.

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 Assignment Charts.

8400 Residential Child Care Regulation (RCCR)

SWI Policy and Procedures January 2021

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

See exceptions under 8420 Operations Exempt from Regulation by RCCR.

8410 Residential Child Care Operations That Are Regulated by RCCR

SWI Policy and Procedures January 2021

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

RCCR 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 Child Care Investigations 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.

8420 Operations Exempt from Regulation by RCCR

SWI Policy and Procedures February 2021

Some operations that provide residential care for children are exempt from RCCR 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 by 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 these set parameters, RCCR 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 RCCR field staff. For this reason, when a report is made on these operations, the intake specialist assesses the information as either an RCCI intake or I&R RCCL Standards Compliance.

HHSC Rules, 26 TAC §745.115

HHSC Rules, 26 TAC §745.117

HHSC Rules, 26 TAC §745.119

HHSC Rules, 26 TAC §745.129

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

Exceptions: When SWI May Determine Exemption Status

Exemption status is most clear in four specific situations, and an intake specialist may determine a situation as falling into one of these categories. An intake specialist is not required to send RCCI intakes or I&Rs to RCCL when encountering these four situations.

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

The following are exempt from RCCR regulation, and an intake specialist may identify them as such:

  • A foreign exchange or 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 CPI intake when there are allegations of abuse, neglect, or exploitation of a child in one of these programs.
  • A juvenile detention or correctional facility certified under the Texas Family Code 261.405 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 the Texas Juvenile Justice Department section of the State Agency Jurisdiction Chart.
  • A treatment facility for treating chemically dependent youth. The intake specialist sends an I&R Referred to DSHS. See 3172 Referred to DSHS.
  • Boarding Schools. The intake specialist assesses for a CPI intake when there are allegations of abuse, neglect or exploitation at a boarding school.

HHSC Rules, 26 TAC §745.117(4)

In the Child Care Investigations Handbook, 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?

8430 The Department or Agency which Licenses a Residential Facility Is Unclear

SWI Policy and Procedures January 2021

Children’s residential facilities are generally licensed by the following:

  • Texas Health and Human Services Commission (HHSC).
  • Texas Juvenile Justice Department (TJJD).
  • The Department of State Health Service (DSHS) for facilities providing Mental Health and Substance Abuse Services.

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

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

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

8440 RCCR Illegal Operations

SWI Policy and Procedures January 2021

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

  • No allegations that minimum standard rules have been violated.
  • No allegations or indications of abuse, neglect, or exploitation.

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

8450 Special Situations Involving RCCR Operations

8451 When the Victim Is 18 or Older

SWI Policy and Procedures January 2021

An RCCI intake is completed if there are allegations of past abuse, neglect, or exploitation when the victim was younger than 18 years of age at the time of the incident. That person is identified as the oldest victim (OV) on the person list, only if he or she is still younger than age 18. If the alleged victim is older than age 18 at the time of the report, an intake is only completed if there are concerns for children currently in care. Otherwise, an I&R RCL Standards Compliance is completed and sent to RCCR 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

RCCR does not have jurisdiction to investigate abuse, neglect, or exploitation of a victim currently residing in an RCCR 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 RCCR operations. In these situations, an I&R RCL Standards Compliance is also completed for RCCR.

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

See Adult Protective Services (APS) Handbook, 4231.2 Allegations in Settings Regulated by HHSC Child Care Licensing (CCL) .

8452 Generating Reports of Alleged Sex Offenders in a Foster Home (Active Vs Inactive)

SWI Policy and Procedures January 2021

When SWI receives a report regarding a residential child-care operation, the intake specialist assesses these reports as an RCCI intake or I&R RCL Standards Compliance, regardless of whether 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 where children are currently placed, the intake specialist generates an RCCI intake for NSUP by the foster parents. An intake is required  regardless of whether or not there have been any outcries of sexual abuse.
  • If it is reported that an alleged sex offender is currently residing in an active foster home, but no children currently reside in the home, the intake specialist completes an I&R RCL Standards Compliance.
  • The alleged sex offender should only be listed as the AP if there has been a specific outcry, or information alleging abuse toward 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 while children were placed in the home, whether the home is currently active or inactive, an intake is assessed, even if there has not been an outcry.

8453 Assessing Reports of Alleged Sex Offenders at RCCR Regulated Facilities

SWI Policy and Procedures January 2021

If it is reported that an alleged sex offender is working under the auspices of an RCCR-regulated facility, the intake specialist generates an RCCI 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 toward a child in the facility.

8454 Determining RCCI or CPI Jurisdiction for a Child in Relative or Fictive Kin Placement

SWI Policy and Procedures January 2021

A child in DFPS conservatorship may be placed with a relative or fictive kin (such as a former stepparent, a parent’s paramour, or a godparent).

If allegations of abuse or neglect, or exploitation are made against the relative, fictive kin, or someone in the home, the allegations may be investigated by either CPI or RCCI, 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 RCCI.

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

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

8455 Abuse or Neglect by Home Health Providers

SWI Policy and Procedures January 2021

If a child in an RCCR placement is abused, neglected, or exploited by a home health provider, the intake specialist generates an intake for RCCI with the caregiver (for example, a 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 RCCI intake.

The intake specialist also assesses whether a Provider Investigations intake is appropriate.

8456 Law Enforcement Reports Family Violence in RCCR Foster Homes

SWI Policy and Procedures January 2021

Law enforcement is required by law to report any family violence incident that meets the following criteria:

  • Occurred at the address of a DFPS foster home.
  • Involves anyone whose residential address matches that of a DFPS foster home.

An intake specialist performs an IMPACT resource search using the foster home’s resource identification number to determine whether the home is an RCCR foster home. If the home cannot be found following this initial search, the intake specialist searches using the name and address.

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 for RCCI or I&R RCL Standards Compliance) is still completed.

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

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

The intake specialist obtains and documents the following:

  • The names, dates of birth (DOBs), and Social Security numbers (SSNs) of all people 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.
  • Any action taken by law enforcement, as well as the law enforcement agency’s report number or incident number.

8460 IMPACT Procedures Specific to RCCI

SWI Policy and Procedures January 2021

This section contains only documentation details unique to RCCI. For more information, see 3000 Information & Referral (I&R) Reports.

8461 Resource Section for RCCI Reports

SWI Policy and Procedures January 2021

The intake specialist completes the Resource section of the Call Information page in IMPACT for RCCI reports. To do so, he or she performs a resource search.

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

See:

2430 IMPACT Resource Searches

2640 Resource Section

8461.1 Determining the Correct Resource Name for Foster Homes

SWI Policy and Procedures January 2021

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 theResource Search results screen, the intake specialist locates the Facility Type column. If the word or Agcy is listed under Facility Type, the foster home is a CPA home and the CPA is the correct resource. If the CPA subcontracts with an SSCC (Single Source Continuum Contractor), the correct resource is still the CPA. See 8410 Residential Child Care Operations That Are Regulated by RCCR.

The intake specialist clicks the hyperlink of the foster parent name. The CPA that monitors the home is listed in the Contactbox 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 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 theResource 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 theMaintainerbox.

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:

  • Clicks on the name.
  • On the Person Detail screen, selects View Placements Event from the View Options drop-down list.
  • Clicks the Search button. A list of the child’s placements pulls up.
  • Clicks on the Placement hyperlink.

After taking the steps above, the intake specialist uses 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.

  •   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.

  •   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.

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

8462 RCCR Case Name

SWI Policy and Procedures January 2021

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

8463 RCCI Person List

SWI Policy and Procedures January 2021

If the victim or alleged perpetrator’s name is not known, see 2210 Names.

Residential Facility or Shelter Setting

Roles of people 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, neglect, or exploitation, 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, neglect, or exploitation, 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 a collateral (COL).

Foster Home Setting

Roles of people 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, neglect, or exploitation 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 2210 Names.

8464 RCCR Report Processing

SWI Policy and Procedures January 2021

RCCI 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 2630 County.

P1 and P2 Intakes

Intake specialists assign P1s and P2s per established processing procedures.

See Assignment Charts.

I&Rs

All RCCR 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 RCL Standards Compliance.

See Assignment Charts.

Call Out

I&R RCL Standards Compliance, including I&Rs regarding children in DFPS conservatorship that have run away, are not called out to RCCR.

See Assignment Charts

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