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8000 Day Care Investigations (DCI) and HHS Day Care Regulation (DCR)

SWI Policy and Procedures October 2021

This section will focus on Day Care Investigations (DCI) and Health and Human Services’s (HHS) Day Care Regulation (DCR) departments. For information regarding residential child care facilities, see 9000 Residential Child Care Investigations (RCCI) and HHS Residential Child Care Regulation (RCCR).

SWI assesses for the following two types of reports related to children in Texas day care facilities:

  • Abuse, neglect, and exploitation.
  • Standards compliance.

DFPS Day Care Investigations (DCI)

DFPS Day Care Investigations (DCI) is a division of Child Protective Investigations. DCI investigates allegations of abuse, neglect, and/or exploitation of children within operations that provide care for children under the age of 14 for less than 24 hours at a time. SWI assesses these reports as intakes.

Investigations Statutes

Texas Family Code (TFC) §261.001: Defines the allegations and establishes DFPS as the agency responsible for investigating abuse, neglect and exploitation of children.

Texas Administrative Code (TAC) 40 §§707.711, 707.713, 707.715, 707.717: Support the agency’s role in investigations of abuse, neglect and exploitation of children in child care facilities.

HHS Day Care Regulation (DCR)

Day Care Regulation (DCR or Licensing) is the department within the Regulatory Services Division of HHS that regulates child day care operations. Reports related to the licensure or standards compliance within a child care operation that do not include any allegations of abuse, neglect, or exploitation, are handled by HHS’s DCR (formerly known as Day Care Licensing, a term still used in IMPACT). SWI assesses these reports as I&Rs for Day Care Licensing (DCL) Standards Compliance.

Regulation Statutes

Human Resources Code Title 2, Chapter 42: Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services — Establishes standards for regulating child care.

HHS rules related to Child Care Regulation (CCR) are found in the 26 TAC §745 and 40 TAC §745. The rules implement the agency’s statutory responsibilities and identify and describe the rights and responsibilities of HHS and the operations it regulates.

Common Terms

Blatant disregard

The real and significant harm to the child as a result of act(s) or omission(s) by an employee, volunteer, or other person working under the auspices of a facility or program. The definition requires that both of the following are true:

  • The harm would have been obvious to a reasonable caregiver or a reasonable member of the person’s profession in the same situation.
  • The reasonable caregiver or reasonable member of the profession would have known to take precautionary measures to protect the child from the impending harm.

Caregiver

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

Child

A person under 18 years of age.

Child care center

A day care operation that is licensed to care for seven or more children for less than 24 hours per day, at a location other than the permit holder’s home.

Child in care

A child in care refers to any child who is being cared for in a child care operation regulated by DCR. The term is not only for children in DFPS conservatorship who are in licensed placements.

Immediate danger

Immediate danger to child’s physical health or safety means the act(s) or omission(s) by an employee, volunteer, or other person working under the auspices of a facility or program placed the child in a situation that resulted in or would have resulted in substantial emotional harm or substantial physical injury to the child.

License

A type of permit issued by DCR stating that an operation has met applicable statutes, administrative rules, and minimum standards and may operate. DCR issues licenses to all operations except listed family homes, registered child care homes and certified operations.

Licensed Child Care Home

A child day care operation that is licensed and meets the following requirements:

  • The primary caregiver provides care in the caregiver’s own residence for children from birth through 13 years.
  • The total number of children in care varies with the ages of the children, but the total number of children in care at any given time, including the children related to the caregiver, must not exceed 12.

Before September 1, 2003, a licensed child care home was licensed as a group day care home.

TAC 26 §747.111.

Listed Family Home

A child day care operation that receives a listing permit and meets the following requirements:

  • The caregiver is at least 18 years old.
  • The caregiver provides care for compensation in the caregiver’s own home.
  • The operation includes three or fewer children unrelated to the caregiver, birth through 13 years.
  • Care is provided for at least four hours a day, three or more days a week, and for more than three consecutive weeks.
  • The total number of children in care, including children related to the caregiver, may not exceed 12.

Minimum Standards

These are the minimum requirements for child care operations for which the following are true:

  • The requirements are published in chapters of the TAC devoted to specific types of operations.
  • HHS enforces the requirements to protect the health, safety, and well-being of children.

26 TAC §§742, 743, 744, 746, 747

Night Care

Child care offered between the hours of 9 p.m. and 6 a.m. This is regulated as child day care, not residential child care, as long as the children are not in care for 24 hours a day.

Operation

A person or entity offering a program that may be subject to regulation by HHS. 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 can be a child care facility or listed family home.

Program

Activities and services provided by an operation.

Registered Child Care Home

A home for which the following are true:

  • Registered primary caregiver provides care in the caregiver’s own residence for not more than six children from birth through 13 years.
  • Caregiver may provide care during after-school hours for not more than six additional elementary schoolchildren.
  • Total number of children in care at any given time, including the children related to the caregiver, must not exceed 12.

The term does not include a home that provides care exclusively for any number of children related to the caregiver.

Regular care

Care that is provided for at least four hours a day, three or more days a week, for three or more consecutive weeks or for four hours a day for 40 or more days in a period of 12 months.

Regulation

The enforcement of statutes and the development and enforcement of rules, including minimum standards. Regulation includes the licensing, certification, registering, and listing of an operation or child-care administrator.

Unregulated 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. Sometimes referred to as an “illegal operation.”

See the HHS Child Care Regulation Handbook, Definitions of Terms.

8100 Types of Day Care Operations

8110 Day Care Operations Regulated by DCR

SWI Policy and Procedures October 2021

DCR regulates the following types of day care operations:

  • 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 day care operations
  • Small employer-based child care operations

See the Child Care Investigations Handbook, 1141 Types of Child Day Care Operations.

8120 Operations Exempt from Regulation by DCR

SWI Policy and Procedures October 2021

Child care operations may be exempt from regulations by statute or because they are regulated by another agency. Intake specialists are not responsible for determining whether an operation is subject to regulation or is exempt. DCR staff members are the only people who can make an exemption determination, which requires an extensive collection of information. When a report is made regarding any of these operations, the intake specialist assesses the information as either a DCI intake or I&R DCL Standards Compliance.

8130 Unregulated Day Care Operations

SWI Policy and Procedures October 2021

An intake specialist assesses a report regarding a day care program that might be operating without required DCR regulation the same as any other day care operation. The specialist completes a DCI intake if there are allegations of abuse or neglect. If all that is known is that the operation is not regulated by DCR, the intake specialist completes an I&R DCL Standards Compliance, even when no allegations are made about the following:

  • Violation of minimum standard rules.
  • Indications of abuse, neglect, or exploitation.

8200 DCI Person List

SWI Policy and Procedures October 2021

The Person List of a DCI intake includes the following people:

  • Victim(s).
  • Alleged perpetrators.
  • Other staff of the facility who might have additional information.
  • Parents or guardians of the victim(s).

It is not necessary to obtain identifying information for children or staff who were not involved in the reported incident and who would not have additional information.

8210 Types

SWI Policy and Procedures October 2021

The intake specialist identifies each person on the person list with an appropriate person type. A person can be a principal (PRN) or collateral (COL). The intake specialist must get identifying information for all principals, as well as for at least one relevant collateral.

8211 Principal (PRN)

SWI Policy and Procedures October 2021

DCI defines a principal as an alleged victim or an alleged perpetrator.

8212 Collateral (COL)

SWI Policy and Procedures October 2021

DCI defines a collateral (COL) as a witness or other person with additional information about the situation. A COL cannot be an alleged perpetrator or an alleged victim. Parents of the victim are always identified as collaterals.

Collaterals are always assigned the role of No Role (NO).

8220 Roles

SWI Policy and Procedures October 2021

DCI uses the following roles:

  • Alleged victim (VC)
  • Alleged perpetrator (AP)
  • No Role (NO)

8221 Alleged Victim (VC)

SWI Policy and Procedures October 2021

DCI defines an alleged victim as a child in care who suffered abuse, neglect, or exploitation while attending a day care operation. Only a child involved in a reported incident of abuse, neglect, or exploitation is listed as a victim. Each intake must have at least one alleged victim identified, even if the name or other demographics are not known.

8222 Alleged Perpetrator (AP)

SWI Policy and Procedures October 2021

DCI defines an alleged perpetrator as a person who meets the following criteria:

  • Works under the auspices of a day care operation for which DFPS has jurisdiction to investigate.
  • Is alleged to have abused, neglected, or exploited a child in care.

This definition 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, including biological children of the owner over the age of 10, who has unsupervised access to the children in care.
  • Anyone who regularly or routinely lives at the operation, including biological children of the owner over the age of 10.
  • Any other person permitted by act or omission to have access to children in care.

When an alleged perpetrator has not been specifically identified, the intake specialist does not create an “unknown” person on the person list. Instead, on the allegations list, the alleged perpetrator is left blank.

8222.1 Children as Perpetrators

SWI Policy and Procedures October 2021

Reports Alleging Abuse or Neglect by Child in Care on Another Child in Care

For DCI, a child in care refers to any child who is being cared for in a child care operation regulated by DCR. A child in care is never assigned the role of alleged perpetrator in a DCI intake.

When a reporter alleges that a child in care in a DCR operation is abusing or neglecting another child in care, the intake specialist does the following:

  • 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.

The intake specialist leaves the AP blank if the identity of the caregiver is unknown or unclear at intake.

Reports Alleging Abuse or Neglect by Biological Child of the Caregiver

A caregiver’s biological child who abuses a child in care may be considered an alleged perpetrator in a DCI intake if the biological child is 10 years old or older.

If a reporter alleges that a caregiver’s biological child has neglected a child in care, the caregiver is also listed as an alleged perpetrator of NSUP. The caregiver is ultimately responsible for the child who was abused or neglected. The intake specialist leaves the AP blank if the identity of the caregiver is unknown or unclear at intake.

8223 No Role (NO)

SWI Policy and Procedures October 2021

If the person is not involved as an alleged victim or alleged perpetrator, then the intake specialist assigns the person a role of No Role (NO). In DCI intakes, only a collateral can be assigned a role of NO.

8230 Relationship or Interest (Rel/Int)

SWI Policy and Procedures October 2021

The intake specialist assigns the eldest Alleged Victim (VC) the Rel/Int of Oldest Victim (OV). The specialist assigns all other people the Rel/Int option that best describes that person’s relationship to the OV.

8300 Allegations

SWI Policy and Procedures October 2021

The definitions of the allegations listed below apply to Day Care Investigations (DCI).

8310 Abuse Allegations

SWI Policy and Procedures October 2021

DCI investigates allegations of emotional, physical, and sexual abuse, which is defined as follows:

  • An intentional, knowing, or reckless act or omission by an employee, volunteer, or other person working under the auspices of a facility or program.
  • An above-described act that causes or may cause emotional harm or physical injury to, or the death of, a child served by the facility or program, as further described by rule or policy.

TFC §261.405(1)

8311 Emotional Abuse (EMAB)

SWI Policy and Procedures October 2021

Emotional abuse is defined as any of the following:

  • Mental or emotional injury to a child that results in an observable and material impairment in the child’s growth, development, or psychological functioning.
  • Causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child’s growth, development, or psychological functioning.
  • The current use by a person of a controlled substance in a manner or to the extent that the use results in mental or emotional injury to a child.

 40 TAC §707.787

Health and Safety Code Chapter 481

8312 Physical Abuse (PHAB)

SWI Policy and Procedures October 2021

Physical abuse is defined as any of the following:

  • Physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident.
  • Failure to make a reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child.
  • The current use by a person of a controlled substance in a manner or to the extent that the use results in physical injury to a child.
  • Causing, expressly permitting, or encouraging a child to use a controlled substance.

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

40 TAC §707.789

Health and Safety Code Chapter 481

8313 Sexual Abuse (SXAB)

SWI Policy and Procedures October 2021

Sexual abuse is defined as any of the following:

  • Sexual conduct harmful to a child’s mental, emotional, or physical welfare, including conduct that constitutes any of the following offenses:
    • Continuous sexual abuse of a young child or disabled adult.
    • Indecency with a child.
    • Sexual assault.
    • Aggravated sexual assault.
  • Failure to make a reasonable effort to prevent sexual conduct harmful to a child.
  • Compelling or encouraging the child to engage in sexual conduct, including compelling or encouraging the child in a manner that constitutes an offense of trafficking people, prostitution, or compelling prostitution.
  • Causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene, or pornographic.
  • Causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child.

40 TAC §707.791

8320 Neglect Allegations

SWI Policy and Procedures October 2021

DCI investigates allegations of medical neglect, neglectful supervision, and physical neglect.

Neglect is defined as a negligent act or omission for which the following is true:

  • Is committed by an employee, volunteer, or other person working under the auspices of a facility or program.
  • Causes or may cause substantial emotional harm or physical injury to, or the death of, a child served by the facility or program as further described by rule or policy.
  • May include a failure to comply with an individual treatment plan, plan of care, or individualized service plan.

40 TAC §707.801

8321 Medical Neglect (MDNG)

SWI Policy and Procedures October 2021

Medical neglect is defined as the failure to seek, to obtain, or to follow through with medical care for a child.

40 TAC §707.801

8322 Neglectful Supervision (NSUP)

SWI Policy and Procedures October 2021

Neglectful supervision is defined as placing a child in or failing to remove a child from a situation that meets any of the following criteria:

  • A situation that a reasonable person would realize requires judgment or actions beyond the child’s level of maturity, physical condition, or mental abilities.
  • A situation that results in bodily injury or a substantial risk of immediate harm to the child.
  • Placing a child in or failing to remove the child from a situation in which the child would be exposed to a substantial risk of sexual conduct harmful to the child.
  • Placing a child in or failing to remove the child from a situation in which the child would be exposed to acts or omissions that constitute abuse committed against another child.

TFC §261.001(4)(A)(ii)(a, d, e)

TFC §261.001 (1)(E), (F), (G), (H), or (K)

40 TAC §707.801

8323 Physical Neglect (PHNG)

SWI Policy and Procedures October 2021

Physical neglect is defined as the failure to provide a child with food, clothing, and shelter necessary to sustain the life or health of the child.

TFC §261.001(4)(A)(ii)(c)

40 TAC §707.801

8330 Exploitation (EXPL)

SWI Policy and Procedures October 2021

Exploitation is defined as the illegal or improper use of a child or of the resources of a child for monetary or personal benefit, profit, or gain by an employee, volunteer, or other person working under the auspices of a facility or program, as further described by rule or policy.

40 TAC §707.799

8331 Labor and Sex Trafficking in DCI Reports

SWI Policy and Procedures October 2021

Labor trafficking is defined as any of the following:

  • Knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under Penal Code §20A.02(a)(5) or (6).
  • Failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under Penal Code §20A.02(a)(5) or (6).

 TAC §707.793

In this section, “trafficked” means enticing, recruiting, harboring, transporting, enslaving, or providing to others or obtaining for oneself a child for labor or services through force, fraud, coercion, or exploitation. It involves giving or receiving monetary or nonmonetary remuneration, including the child’s services, and a pervasive loss of freedom for the child. Labor trafficking does not require that the child actually engage in forced labor or services. The definition of labor trafficking is met as long as there is a substantial risk of the child engaging in forced labor or services.

Sex trafficking is defined as any of the following:

  • Knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under Penal Code §20A.02(a)(7) or (8).
  • The failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under Penal Code §20A.02(a)(7) or (8).

TAC §707.795

In this section, “trafficked” means enticing, luring, recruiting, harboring, transporting, enslaving, selling, or holding captive a child for sexual conduct specified in Penal Code §20A.02(a)(7). It involves giving or receiving monetary or nonmonetary remuneration, including the child’s sexual services, and a pervasive loss of freedom for the child. Sex trafficking does not require force, fraud, or coercion. The definition of sex trafficking is met even if it appears that the child is in agreement with the conduct or does not consider herself or himself to be a victim of sex trafficking.

The individual allegations of labor and sex trafficking are not currently available in IMPACT. When completing DCI intakes that allege labor or sex trafficking, the intake specialist chooses “Exploitation” from the allegations list, and documents LBTR or SXTR in the narrative conclusion.

See 4212 Human Trafficking.

8400 DCI Priorities

SWI Policy and Procedures October 2021

Once it has been determined that the situation meets DCI requirements for an intake, the intake specialist selects the appropriate priority based on the information available when the intake is taken.

The intake specialist assesses a CPI intake with one of the following priorities:

  • Priority 1
  • Priority 2

8410 Priority 1 (P1)

SWI Policy and Procedures October 2021

The intake specialist assesses a priority 1 to a DCI intake 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 continues to maintain access to children, even if the victim child has been removed from the situation.

If a child in DFPS conservatorship dies while in a licensed placement, see 4632 Death of a Child While in DFPS Conservatorship.

8420 Priority 2 (P2)

SWI Policy and Procedures October 2021

The intake specialist assesses a priority 2 to a DCI intake that alleges abuse or neglect that does not meet P1 criteria.

8500 Information and Referrals (I&Rs)

SWI Policy and Procedures October 2021

The following sections describe assessing and processing I&Rs for DCR and DCI.

Any report concerning a day care facility that does not meet the definition of abuse, neglect, or exploitation for DCI is taken as either an I&R DCL Standards Compliance, or an I&R to Existing DCI Case. The intake specialist assigns the I&R to the appropriate routing coordinator.

See 3000 Information & Referral (I&R) Reports.

8510 I&R DCL Standards Compliance

SWI Policy and Procedures October 2021

DCR investigates reports of an HHS DCR licensed or regulated home or facility failing to comply with law and minimum standard rules. The intake specialist assesses a report about a day care operation that does not involve allegations of abuse, neglect or exploitation as I&R DCL Standards Compliance.

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

See 3000 Information & Referral (I&R) Reports.

8520 I&R to Existing DCI Cases

SWI Policy and Procedures October 2021

When a subsequent report provides information about an open DCI case, and there are no new incidents of abuse, neglect, or exploitation that meet legal definitions, the intake specialist determines whether the information is relevant to the open stage of the existing DCI case.

The intake specialist completes an I&R to the existing case when the following are true:

  • SWI receives new information.
  • The new information pertains to the existing investigation in the open case, or it is unclear if the information is relevant to the open case.
  • The new information does not meet the criteria for a new intake.

8600 Processing DCI Intakes

SWI Policy and Procedures October 2021

This section contains only documentation details unique to DCI. For a more complete reference, see 2600 Processing.

8610 Resource Section

SWI Policy and Procedures October 2021

The intake specialist completes the resource section when processing a DCI intake.

Licensed Child Day Care Operations

Licensed child day care centers and homes should be listed in IMPACT resources. The intake specialist can find a resource by searching by its name or parts of the name, address or individual components of its address, or phone number. Usually, searching for the operation by its ZIP code is a reliable way to determine whether it is listed in IMPACT.

Unregulated Child Day Care Operations

Only regulated operations are listed in IMPACT resources. If a day care operation is believed to be unregulated or illegal, it will not be in IMPACT resources. Instead the intake specialist must manually complete the following fields in the resource section, where known:

  • Name.
  • Selects “Other Facility” as the resource type.
  • Address.
  • Phone.

Other locating information may be documented in the locating section of the intake narrative.

8620 Case Name Field

SWI Policy and Procedures October 2021

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

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

8630 County

SWI Policy and Procedures October 2021

The intake specialist assigns a DCI intake to the county in which the facility is located.

8640 Law Enforcement Notification

SWI Policy and Procedures October 2021

All DCI intakes include a law enforcement notification to the law enforcement agency with jurisdiction to investigate an incident of abuse or neglect where the incident occurred. This may be a different location if the child was participating in an activity away from the operation or facility when the incident occurred.

If a report alleges any human trafficking, the intake specialist chooses both the law enforcement agency with jurisdiction and the Texas Department of Public Safety – Joint Crimes Information Center (JCIC) for notification.

8650 Assignment and Call Out

SWI Policy and Procedures October 2021

P1 and P2 intakes are auto assigned, unless the auto assign feature is not available, or the intake was called out by the intake specialist. In such cases, the intake specialist manually assigns the intake according to the instructions in the Assignment Charts.

See Assignment Charts on the DFPS intranet.

8700 DCI Program or Agency Jurisdiction Special Topics

8710 Determining Whether Child Care Provided in the Caregiver’s Home is Subject to Regulation by DCR

SWI Policy and Procedures October 2021

A caregiver is subject to regulation by DCR if all of the following are true:

  • 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.

Human Resources Code §42.002(17)

The reporter is often unable to provide details about the timeframes during which children are in care. If the timeframes are unknown or appear to be close to the criteria above, the intake specialist continues under the assumption that the operation is subject to regulation by DCR and assesses accordingly.

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:

  • A neighbor watches a child for an hour after school each weekday (whether in her own home or the child’s home).
  • A teenage baby sitter watches child in the baby sitter’s home or 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.

Caregiver Providing Care for Both Related and Unrelated Children

If a caregiver takes care of children related to the caregiver, as well as children who are unrelated to the caregiver, the intake specialist assesses whether the child care for the unrelated children meets the guidelines for DCR regulation. If it does, the intake specialist follows SWI procedure for assessing and processing a DCI intake or I&R, DCL Standards Compliance only for the unrelated children.

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

See:

Human Resources Code §42.002(9), (16), (17)

Human Resources Code §42.052(c) (d)

Child Care Investigations Handbook, 2000 Handling Inquiries About the Licensing Process and Exemptions

Baby sitters

Baby sitters (whether in the child’s home or the caregiver’s home) are not subject to regulation by DCR. If the situation does not meet the requirements for DCR regulation, the intake specialist assesses whether an intake for CPI or an I&R to Law Enforcement is appropriate.

See 4740 Other Unrelated Caregivers.

8720 Child Death in a DCR Operation

SWI Policy and Procedures October 2021

The intake specialist completes a P1 intake for any report of the death of a child while under the care of an employee or volunteer of a DCR operation. The intake specialist takes this report even when there are no clear allegations of abuse or neglect by day care staff that may have contributed to the death of the child.

Examples include the following:

  • A bee stings a child on a day care field trip and the child 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 day care van with staff from the facility.
  • A child dies from medical complications unrelated to the care provided by the caregiver.

When no clear allegations of abuse or neglect exists, the intake specialist does the following:

  • Selects the allegation most applicable to the situation.
  • Does not designate a perpetrator on the person list.
  • Leaves the alleged perpetrator field on the Intake Actions page blank.

8730 Administering Medications

SWI Policy and Procedures October 2021

The term “medication” refers to a drug that may be obtained with or without a prescription, excluding a topical ointment obtained without a prescription.

This section applies to all child day care operations and homes regardless of whether the facility or program is licensed, registered, or listed.

A director, owner, operator, caretaker, employee, or volunteer of a child day care facility may administer a medication to a child only when all the following circumstances apply:

  • The child’s parent or guardian authorizes the facility to administer the medication.
  • The following are both true for the authorized medication:
    • It is administered as stated on the label directions or as amended in writing by a practitioner.
    • It is not expired.

If staff administers any medication to a child under circumstances other than those described above, the intake specialist assesses an intake for PHAB.

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