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Minimum Standard Rules for Registered and Licensed Child-Care Homes
Introduction
The Texas Department of Protective and Regulatory Services (PRS) is required by Chapter 42 of the Human Resources Code to conduct a comprehensive review of the minimum standard rules every six years. The standards in this publication represent a recent consolidation of minimum standards for registered family homes and group day care homes into one set of standards for home-based child care, which are effective September 1, 2003.
While the type of standards has historically dictated certain types of child care, organization of the standards by facility type no longer addressed the diverse needs of individual children within a facility. PRS believes that consolidating the minimum standard rules in this manner will help PRS and child-care operators to focus on meeting the needs of children in care.
Questions and Answers
These standards for Registered and Licensed Child-Care Homes have been written in an easy to follow question and answer format. This "plain language" format is being used more and more in government documents to help the user find requirements quickly and understand them easily. The added detail, characteristic of a question and answer format, will also increase consistency in interpretation and enforcement and reduce mistakes and frustration. PRS anticipates that the easier the standards are to read and comprehend, the higher the rate of compliance.
Audience
These standards were written for the primary caregiver or operator of the child-care home who is referred to as "you," and variations such as "I" or "my." The primary caregiver is asking the questions. PRS or Licensing is referred to as "we," and variations such as "our" or "us." PRS is responding to the primary caregiver's questions.
Table of Contents and Index
The plain language format allowed us to breakdown the minimum standards into smaller sections by topic. The table of contents and index will help you to identify and quickly locate topics in the publication. This feature is especially helpful in the electronic version of our publication which can be found on our website at www.tdprs.state.tx.us/child_care you may share this publication with parents and others by referring them to our website or providing them with a photocopy.
Appendices
Appendices, which can be found at the back of the publication, provide supporting information referred to in the standards such as excerpts of the law (Texas Family Code and Texas Penal Code) or rules from the Texas Administrative Code.
Best Practices
Another new feature we hope you will find helpful are the best practices delineated by text in boxes. The best practices may provide information regarding the health, safety and well-being of children that exceeds the minimum standards, offer helpful hints for providers and parents, or convey rationale for the minimum standard. You may choose if you want to utilize these best practices; however, you are not required to follow or comply with them.
See the following resources for further information related to child-care Best Practices:
The ABC's of Safe and Healthy Child Care
Department of Health and Human Services
Centers for Disease Control and Prevention
Internet website: http://www.cdc.gov
Keeping Kids Healthy-The Lone Star Guide for Healthy Child Care
Healthy Child Care North Texas Coalition
Texas Department of Health
P.O. Box 181869
Arlington, Texas 76096-1869
Developmentally Appropriate Practice in Early Childhood Programs
National Association for the Education of Young Children (NAEYC)
1509 16th Street, NW
Washington, DC 20036-1426
Internet website: http://www.naeyc.org/
Caring for Our Children, National Health and Safety Performance Standards: Guidelines for Out-of-Home Child Care, Second Edition
American Academy of Pediatrics (AAP)
P.O. Box 747
Elk Grove Village, IL 60009-0747
Internet website: http://www.aap.org
Handbook for Public Playground Safety
U.S. Consumer Product Safety Commission (CPSC)
Washington, D.C. 20207-0001
Internet website: http://cpsc.gov/
National Program for Playground Safety
School of Health, Physical Education & Leisure Services (NPPS)
WRC 205, University of Northern Iowa
Cedar Falls, IA 50614-0618
Internet website: http://www.uni.edu/playground
The Creative Curriculum for Early Childhood
Contributing authors Marilyn Goldhammer and Laura J. Colker
Published by Teaching Strategies, Inc.
P.O. Box 42243,
Washington, D.C.
Texas Child Care
Published by the Texas Workforce Commission
P.O. Box 162881
Austin, Texas 78716-2881
Maintaining Compliance in a Licensed Child-Care Home
It is essential that you and caregivers who assist you recognize four critical aspects of Licensing's efforts to protect the children in care and to help you comply with the law, rules, and standards:
1. The inspection: Various aspects of the operation are evaluated for compliance with the Minimum Standard Rules during regular inspections of the operation. The emphasis on these inspections is to prevent risk to children in care. All operations are designated a monitoring plan based upon their compliance history:
Plan 1 -- Inspections are made every 3 - 5 months to operations with repeated deficiencies that do not place children at immediate risk, are too new to have established a compliance record, or are have made inadequate attempts to correct deficiencies.
Plan 2 -- Inspections are made every 6 - 9 months to operations with a few deficiencies that do not put children at immediate risk, and that are corrected on time.
Plan 3 -- Inspections are made every 10 - 12 months to operations that consistently comply or whose deficiencies are few and are promptly corrected.
Deficiencies: During any inspection, if Licensing staff find that the operation does not meet minimum standards in specific areas, these areas are discussed with you or your substitute caregiver in your absence. Technical assistance and consultation on the problem area are provided. If a deficiency is recorded, time frames for correcting them are noted. You or your substitute caregiver will be asked to sign the monitoring form. Signing the form is only to signify that you have been made aware of the report and in no way indicates that you agree with the finding. Discuss your disagreements and concerns with your Licensing representative. If your concerns are not dealt with, ask for an administrative review.
2. Technical Assistance: Part of the Licensing Division's job is to offer consultation to potential applicants and permit holders about meeting and maintaining compliance with Licensing standards, and achieving programs of excellence.
3. Investigation of Reports: When a report alleges abuse or neglect, a deficiency in meeting standards, or a violation of the law, the Licensing Division must investigate and must notify you or your substitute caregiver of the investigation, and report the results of that investigation in writing within prescribed time frames.
4. Your rights/entitlements:
Waivers and variances: If you are unable to comply with a standard for economic reasons, or there is good and just cause to meet the purpose of the standard in a different way, you may request a waiver or variance of the standard. Ask your Licensing representative to explain the process.
Administrative Review: If you disagree with a Licensing representative's decision or action, you may request an administrative review. This is where disagreements over Licensing Division actions can be resolved. Generally, a supervisor is assigned to review your case.
It is important that you clearly understand the purpose of Minimum Standards and the reasons for the Licensing representative's inspections. Do not hesitate to ask questions of Licensing staff that will help you understand any Licensing actions and your options. You may obtain information about Licensing standards or procedures by calling our toll-free telephone number, 1-800-862-5252 or visiting our web site at www.tdprs.state.tx.us.
Maintaining Compliance in a Registered Child-Care Home
It is essential that you recognize four critical aspects of Licensing's efforts to protect the children in care and to help you comply with the law, rules, and standards:
1. The inspection: Various aspects of the operation are evaluated for compliance with the Minimum Standard Rules during regular inspections of the operation. The emphasis on these inspections is to prevent risk to children in care. All operations are designated a monitoring plan based on their compliance history:
Plan 1 -- Inspections are made every 10-12 months to operations with repeated deficiencies that do not place children at immediate risk, are too new to have established a compliance record, or are have made inadequate attempts to correct deficiencies.
Plan 2 -- Inspections are made every 22-24 months to operations with a few deficiencies that do not put children at immediate risk, and that are corrected on time.
Plan 3 -- Inspections are made every 34-36 months to operations that consistently comply or whose deficiencies are few and are promptly corrected.
Deficiencies: During any inspection, if Licensing staff find that the operation does not meet minimum standards in specific areas, these areas are discussed with you or your substitute caregiver in your absence. Technical assistance and consultation on the problem area are provided. If a deficiency is recorded, time frames for correcting them are noted. You or your substitute caregiver will be asked to sign the monitoring form. Signing the form is only to signify that you have been made aware of the report and in no way indicates that you agree with the finding. Discuss your disagreements and concerns with your Licensing representative. If your concerns are not dealt with, ask for an administrative review.
2. Technical Assistance: Part of the Licensing program's job is to offer consultation to potential applicants and permit holders about meeting and maintaining compliance with Licensing standards, and achieving programs of excellence.
3. Investigation of Reports: When a report alleges abuse or neglect, a deficiency in meeting standards, or a violation of the law, the Licensing Division must investigate and must notify you or your substitute caregiver of the investigation, and report the results of that investigation in writing within prescribed time frames.
4. Your rights/entitlements:
Waivers and variances: If you are unable to comply with a standard for economic reasons, or are able to meet the intent of the standard in a different way, you may request a waiver or variance of the standard. Ask your Licensing representative to explain the process.
Administrative Review: If you disagree with a Licensing representative's decision or action, you may request an administrative review. This is where disagreements over Licensing Division actions can be resolved. Generally, a supervisor is assigned to review your case.
It is important that you clearly understand the purpose of Minimum Standard Rules and the reasons for the Licensing representative's inspections. Do not hesitate to ask questions of Licensing staff that will help you understand any Licensing actions and your options. You may obtain information about Licensing standards or procedures by calling our toll-free telephone number, 1-800-862-5252 or visiting our web site at www.tdprs.state.tx.us
Administration
§747.101 What is the purpose of this chapter?
Subchapter A, Purpose and Definitions
09/01/03
The purpose of this chapter is to set forth the minimum standards that apply to child-care homes.
§747.103 What do certain pronouns mean when used in this chapter?
Subchapter A, Purpose and Definitions
09/01/03
The following words have the following meanings when used in this chapter:
(1) I, my, you, and your -- A permit holder who is the primary caregiver in a licensed or registered child-care home, unless otherwise stated.
(2) We, us, our, and Licensing -- The Licensing Division of the Texas Department of Protective and Regulatory Services.
§747.105 What do certain words and terms mean when used in this chapter?
Subchapter A, Purpose and Definitions
09/01/03
The words and terms used in this chapter have the meanings assigned to them under §745.21 of this title (relating to What do the following words and terms mean when used in this chapter?), unless another meaning is assigned in this section or unless the context clearly indicates otherwise. In addition, the following words and terms have the following meanings unless the context clearly indicates otherwise:
(1) Activity space -- An area or room used for children's activities, including areas separate from a group's classroom.
(2) Administrative and clerical duties -- Duties that involve the management of an operation, such as bookkeeping, enrolling children, answering the telephone, and collecting fees.
(3) Admission -- The process of enrolling a child in a child-care home. The date of admission is the first day the child is physically present in the home.
(4) Adult -- A person 18 years old and older.
(5) After-school hours -- Hours before and after school, and days when school is not in session, such as school holidays, summer vacations, and teacher in-service days.
(6) Alternate care program -- A program in which no child is in care for more than five consecutive days, and no child is in care for more than 15 days in one calendar month, regardless of the duration of each stay.
(7) Attendance -- When referring to a child's attendance, the physical presence of a child at the child-care home's program on any given day or at any given time, as distinct from the child's enrollment in the child-care home.
(8) Baby bungee jumper -- A baby bungee jumper allows an infant to bounce while supported in a seat by elastic "bungee cord" suspended from a doorway.
(9) Baby walker -- A baby walker allows an infant to sit inside the walker equipped with rollers or wheels and move across the floor.
(10) Bouncer seat -- A stationary seat designed to provide gentle rocking or bouncing motion by an infant's movement or by battery-operated movement. This type of equipment is designed for an infant's use from birth until the child can sit up unassisted.
(11) Caregiver -- A person whose duties include the supervision, guidance, and protection of a child. As used in this chapter, the term means a person who meets the minimum education, work experience, and training qualifications required under Subchapter D of this chapter (relating to Personnel).
(12) Caregiver-initiated activities -- Activities that are directed by or chosen by the caregiver.
(13) Certified Child-Care Professional Credential -- A credential given to a person working directly with children; based on assessed competency in several areas of child care and child development.
(14) Certified lifeguard -- A person who has been trained in life saving and water safety by a qualified instructor, from a recognized organization which awards a certificate upon successful completion of the training. The certificate is not required to use the term "lifeguard," but the permit holder must be able to document that the certificate represents the type of training described.
(15) Child-care home -- A registered or licensed child-care home, as specified in §747.109 of this title (relating to What is a registered child-care home?) or §747.111 of this title (relating to What is a licensed child-care home?). This term includes the program, building, grounds, furnishings, and equipment.
(16) Child-care location -- The street address of the child-care home and the lot on which the building is located.
(17) Child-care program -- The services and activities provided by a child-care home.
(18) Child Development Associate Credential -- A credential given to staff working directly with children; based on assessed competency in several areas of child care and child development.
(19) Child-initiated activities -- Activities that a child chooses on the child's own initiative, and that foster the child's independence. Child-initiated activities require equipment, materials, and supplies to be within a child's reach.
(20) Child passenger safety seat system -- An infant or child passenger restraint system that meets the federal standards for crash-tested restraint systems as set by the National Highway Traffic Safety Administration.
(21) Corporal punishment -- The infliction of physical pain on a child as a means of controlling behavior. This includes, but is not limited to, spanking, hitting, slapping, thumping, or rapping a child.
(22) Creative activities -- Activities that encourage a child to use his imagination. Creative activities include, but are not limited to, dramatic play, block building, stories and books, science and nature activities, and music and art activities.
(23) Critical illness -- An illness requiring the immediate attention of a health-care professional.
(24) Days -- Calendar days, unless otherwise stated.
(25) Enrollment -- The list of names or number of children who have been admitted to attend a child-care home for any given period of time; the number of children enrolled in a child-care home may vary from the number of children in attendance on any given day.
(26) Entrapping equipment -- A component or group of components on equipment that forms angles or openings that could trap a child's head by being too small to allow the child's body to pass through or large enough for the child's body to pass through, but too small to allow the child's head to pass through.
(27) Field trips -- Activities conducted away from the child-care home.
(28) Food service -- The preparation or serving of meals or snacks.
(29) Frequently -- More than two times in a 30-day period.
(30) Garbage -- Waste food or items that when deteriorating cause offensive odors and attract rodents, insects, and other pests.
(31) Group activities -- Activities that allow children to interact with others in large or small groups. Group activities include, but are not limited to, storytelling, finger plays, show and tell, organized games, and singing.
(32) Health-care professional -- A licensed physician, licensed or registered nurse, or other licensed medical personnel providing comprehensive preventive, diagnostic, or therapeutic medical care to the child. This does not include medical doctors or medical personnel where immunizations and contraindications to immunizations are outside the scope of the licensed practice, such as chiropractors, homeopaths, podiatrists; or medical practitioners not licensed to practice in the United States.
(33) Individual activities -- Opportunities for the child to work independently or to be away from the group, but supervised.
(34) Infant -- A child from birth through 17 months.
(35) Janitorial duties -- Those services that involve cleaning and maintenance above that which is required for the continuation of the child-care program. Cleaning and maintenance include such duties as cleansing carpets, washing cots, sweeping, vacuuming, or mopping an area while children are in care.
(36) Natural environment -- Settings that are natural or normal for all children of an age group without regard to ability or disability. For example, the primary natural group setting for a toddler with a disability would be a play group or child-care home or whatever setting exists for toddlers without disabilities.
(37) Pre-service training -- Training given to a person who has no previous experience in professional child care and no relevant training in specified topics.
(38) Propped bottle -- A bottle supported by something other than the child or adult's hand because the child is too young to hold it.
(39) Regularly -- On a recurring, scheduled basis.
(40) Safety belt -- A lap belt and any shoulder straps included as original equipment on or added to a vehicle.
(41) School-age child -- A child who is five years of age and older, and who will attend school at or away from the child-care home in August or September of that year.
(42) Single-use area -- Area not routinely used for children's activities, such as a bathroom, hallway, storage room, cooking area of a kitchen, swimming pool, and storage building.
(43) Special care needs -- A child with special care needs is a child who has a chronic physical, developmental, behavioral, or emotional condition and who also requires assistance beyond that required by a child generally to perform tasks that are within the typical chronological range of development, including but not limited to, movement of large and/or small muscles, learning, talking, communicating, self-help, social, emotional, seeing, hearing, and breathing.
(44) State or local fire marshal -- A fire official designated by the city, county, or state government.
(45) State or local sanitation official -- A sanitation official designated by the city, county, or state government.
(46) Toddler -- A child from 18 months through 35 months.
(47) Universal precautions -- An approach to infection control where all human blood and certain human body fluids are treated as if known to be infectious for HIV, HBV, and other blood-borne pathogens.
(48) Water activities -- Related to the use of splashing pools, wading pools, swimming pools, or other similar bodies of water.
Additional definitions may be found in Appendix I, 40 TAC, Chapter 745, Subchapter A Precedence and Definitions.
§747.107 What types of operations do these minimum standards apply to?
Subchapter A, Purpose and Definitions
09/01/03
(a) The minimum standards in this chapter apply to all:
(1) Child-care homes registered or licensed by us to care for 12 or fewer children in the caregiver's own home for less than 24 hours per day; and
(2) Family homes registered by us before September 1, 2003.
(b) A group day-care home licensed before September 1, 2003, will have a one-time opportunity to elect to be treated either as a child-care home, subject to the minimum standards in this chapter, or as a child-care center, subject to the minimum standards in Chapter 746 of this title (relating to Minimum Standards for Child-Care Centers).
(c) To be considered operating in one's own home, the location where care is being provided must be at the same address as the permit holder's residence.
§747.109 What is a registered child-care home?
Subchapter A, Purpose and Definitions
09/01/03
In a registered child-care home, the registered primary caregiver provides care in the caregiver's own residence for not more than six children from birth through 13 years, and may provide care after-school hours for not more than six additional elementary school children. The total number of children in care at any given time, including the children related to the caregiver, must not exceed 12.
§747.111 What is a licensed child-care home?
Subchapter A, Purpose and Definitions
09/01/03
In a licensed child-care home, the licensed 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.
§747.113 Who is responsible for complying with the minimum standards?
Subchapter A, Purpose and Definitions
09/01/03
(a) A registered primary caregiver must ensure compliance with all minimum standards in this chapter, with the exception of any minimum standard requirements specified for licensed child-care homes.
(b) A licensed primary caregiver must ensure compliance with all minimum standards in this chapter, with the exception of any minimum standard requirements specified only for registered child-care homes.
(c) A registered or licensed primary caregiver is not required to comply with minimum standards identified for specific types of child-care programs or activities the child-care home does not offer, such as transportation or swimming activities.
Primary Caregiver
§747.201 Who is a primary caregiver?
Subchapter B, Administration and Communication
Division 1, Primary Caregiver
09/01/03
A licensed or registered primary caregiver is the person with ultimate authority and responsibility for the child-care home's overall operation and compliance with these minimum standards and the licensing laws. The primary caregiver must be the permit holder for the licensed or registered child-care home, and must live in the home where care is provided.
§747.203 As the primary caregiver, may I leave someone else in charge if I cannot be home during all hours of operation?
Subchapter B, Administration and Communication
Division 1, Primary Caregiver
09/01/03
Yes. When you are absent from the child-care home, you must designate a substitute caregiver to be in charge of the child-care home. Substitutes must:
(1) Know they are in charge and for how long;
(2) Know their responsibilities while in charge;
(3) Have access to all essential information to communicate with parents and state and local authorities as needed; and
(4) Have the authority to run the child-care home in compliance with minimum standards.
§747.205 Must I be present at my child-care home during all hours of operation?
Subchapter B, Administration and Communication
Division 1, Primary Caregiver
09/01/03
As the primary caregiver, you must routinely be present in your child-care home during its hours of operation; however, you may be temporarily absent for limited periods of time for vacations, short-term family emergencies or family business, illness, hospitalization or doctor appointments, jury duty, to attend training, or to attend to child-care business.
§747.207 What are my responsibilities as the primary caregiver?
Subchapter B, Administration and Communication
Division 1, Primary Caregiver
09/01/03
You are responsible for the following:
(1) Developing and implementing your child-care home's operational policies, which comply with or exceed the minimum standards;
(2) Complying with all minimum standards that apply to your licensed or registered child-care home, as specified in this chapter;
(3) Ensuring all substitute and assistant caregivers comply with the minimum standards for caregivers, as specified in this chapter, and are provided assignments that match their skills, abilities, and training;
(4) Ensuring all household members comply with the minimum standards that apply to household members, as specified in this chapter;
(5) Reporting suspected abuse, neglect, and exploitation as required by the Texas Family Code, §261.401;
(6) Ensuring parents have the opportunity to visit your child-care home any time during all hours of operation to observe their child, the home's operation, and program activities, without having to secure prior approval;
(7) Initiating background checks within two days of obtaining a new assistant or substitute caregiver, the addition of a household member, or a household member turning 14 years, who will regularly or frequently be present at your operation while children are in care as specified in Subchapter F of Chapter 745 of this title (relating to Background Checks);
(8) Complying with the child-care licensing law, found in Chapter 42 of the Human Resources Code, and all other applicable rules in the Texas Administrative Code, including the minimum standards in this chapter.
Children are at risk when adults responsible for them do not clearly understand their roles and responsibilities.
The primary caregiver may accompany any parent who is visiting their child during the child-care home's hours of operation to and from her child's group, or may limit the amount of time a parent spends at the home, if the primary caregiver believes this is necessary to protect the children in care.
§747.209 Must I maintain liability insurance?
Subchapter B, Administration and Communication
Division 1, Primary Caregiver
09/01/03
No. We do not require you to have liability insurance.
Required Notifications
§747.301 What changes regarding my child-care home must I notify Licensing about before making the change?
Subchapter B, Administration and Communication
Division 2, Required Notifications
09/01/03
You must notify us in writing before:
(1) Changing location;
(2) Adding to or reducing indoor or outdoor space;
(3) Adding a swimming pool or other permanent body of water;
(4) Changing the age range of children to be cared for;
(5) Changing the hours, days, or months of operation;
(6) Offering new services relating to minimum standards found in this chapter, such as transportation or field trips;
(7) Closing temporarily; or
(8) Going out of business.
As events occur or changes are made to the child-care home, health and safety conditions may change. Licensing may need to verify that minimum standard rules related to the changes are in compliance to ensure the continuing safety of children in care.
A license or certificate of registration cannot be bought, sold or transferred and is only valid for the location/address noted on the permit.
§747.303 What other situations require notification to Licensing?
Subchapter B, Administration and Communication
Division 2, Required Notifications
09/01/03
(a) You must notify us as soon as possible, but no later than two days after:
(1) Any occurrence that renders all or part of your child-care home unsafe or unsanitary for a child;
(2) Injury to a child in your care that requires treatment by a health-care professional;
(3) You become aware that a household member, caregiver, or child in care contracts an illness that the law requires you to report to the Texas Department of Health (TDH) as specified in 25 TAC 97, Subchapter A (relating to Control of Communicable Disease);
(4) A county or district attorney accepts an indictment or information regarding an official complaint against a household member or caregiver alleging commission of any crime noted in §745.651 of this title (relating to What types of criminal convictions may preclude a person from being present in an operation?); and
(5) The occurrence of any other situation that places a child at risk, such as forgetting a child in a vehicle or not preventing a child from wandering away from your child-care home unsupervised.
(b) You must notify us immediately if a child dies while in your care.
Examples of occurrences that may render a child-care home unsafe or unhealthy are the lack of running water, sewer backups, and flood, fire or storm damage. Notifying parents enables them to protect their children from high-risk situations.
§747.305 What emergency and medical situations must I notify parents about?
Subchapter B, Administration and Communication
Division 2, Required Notifications
09/01/03
(a) After you ensure the safety of the child, you must notify the parent immediately after a child:
(1) Is injured and the injury requires medical attention by a health-care professional;
(2) Has a sign or symptom requiring exclusion from the child-care home as listed in Subchapter R of this chapter (relating to Health Practices);
(3) Has been involved in any situation that placed the child at risk. For example, forgetting a child in a vehicle or not preventing a child from wandering away from your child-care home unsupervised; or
(4) Has been involved in any situation that renders the child-care home unsafe, such as a fire, flood, or damage to the child-care home as a result of severe weather.
(b) You must notify the parent of less serious injuries when the parent picks the child up from your child-care home. Less serious injuries include, but are not limited to, minor cuts, scratches, and bites from other children requiring first-aid treatment by caregivers.
(c) You must notify all parents of children in the child-care home within 48 hours when any child in your care, a caregiver, or a household member has contracted a communicable disease that is required to be reported to the Texas Department of Health as specified in 25 TAC 97, Subchapter A (relating to Control of Communicable Disease).
(d) You must notify parents within 48 hours when there is an outbreak of lice or other infestation in the child-care home.
Communication between the caregiver and parents is essential to both the safe and healthy operation of the child-care home and to the parent's ability to assess the care their children are receiving.
Required Postings
§747.401 What items must I post at my child-care home during hours of operation?
Subchapter B, Administration and Communication
Division 3, Required Postings
09/01/03
You must post the following in a prominent and publicly accessible place where parents and others may easily view them during all hours of operation:
(1) The child-care home's license or registration certificate;
(2) The letter or form from the most recent Licensing inspection or investigation;
(3) The Licensing notice Keeping Children Safe;
(4) Telephone numbers specified in this division; and
(5) Any other Licensing notices requiring posting.
Posting this information is an important part of communication with parents. It provides parents the opportunity to monitor the care they have selected for their child and to make informed decisions as consumers of child care.
§747.403 What telephone numbers must I post and where must I post them?
Subchapter B, Administration and Communication
Division 3, Required Postings
09/01/03
(a) You must post the following telephone numbers:
(1) 911 or, if 911 is not available in your area, you must post the numbers for:
(A) Emergency medical services;
(B) Law enforcement; and
(C) Fire department;
(2) Poison control;
(3) PRS child abuse hotline;
(4) Nearest Licensing office telephone number and address; and
(5) Your name, home address, and telephone number.
(b) You must post the telephone numbers next to each telephone in the child-care home. If you use a cordless or cellular phone, you must post these same numbers in a prominent place on the wall near the base of the phone or on the handset.
Readily available phone numbers help to ensure prompt response/action in an emergency.
Operational Policies
§747.501 Must I have written operational policies?
Subchapter B, Administration and Communication
Division 4, Operational Policies
09/01/03
Yes. You must develop written policies on at least the following:
(1) Procedure for release of children;
(2) Illness and exclusion criteria;
(3) Procedures for dispensing medications, or a statement that medication is not given;
(4) Procedures for handling medical emergencies;
(5) Discipline and guidance practices;
(6) Animals, if applicable;
(7) The procedures for parents to visit the child-care home any time during your hours of operation to observe their child or the child-care home's operation and program activities, without having to secure prior approval;
(8) The procedures for parents to review a copy of the minimum standards and the child-care home's most recent Licensing inspection report; and
(9) Instructions on how a parent may contact the local Licensing office, PRS child abuse hotline, and PRS website.
§747.503 Must I provide parents with a copy of my operational polices?
Subchapter B, Administration and Communication
Division 4, Operational Policies
09/01/03
Yes. Parents must sign a child-care enrollment agreement or other similar document that includes at least the operational policies listed in this division, before the date of the child's admission. You must keep a copy of this signed document in the child's record or at least one for each family, if siblings are enrolled at the same time.
Sharing clearly written policies about your child-care home's day- to-day operation will help parents understand what type of service their children will receive, and may help to avoid later misunderstandings and complaints. Operational policies may go beyond minimum standards, but may not conflict.
§747.505 What must I do when I change an operational policy or an item in the enrollment agreement?
Subchapter B, Administration and Communication
Division 4, Operational Policies
09/01/03
You must notify parents in writing of any changes to your policies and enrollment agreement. Parents must sign and date the updated information. You must keep the updated information in the child's record or at least one for each family, if siblings are enrolled at the same time.
Record Keeping
Records of Children
§747.601 Who has the right to access children's records?
Subchapter C, Record Keeping
Division 1, Records of Children
09/01/03
(a) All children's records must be immediately accessible to caregivers during hours of operation for use in an emergency.
(b) Parents have the right to access their own child's record during a scheduled parent conference with the primary caregiver.
(c) All children's records are subject to review and/or reproduction by Licensing upon request during hours of operation.
During the time children are being cared for, events may occur that require access to information about a child in order to protect the child and/or others in care.
§747.603 What records must I have for the children in my care and how long must I keep them?
Subchapter C, Record Keeping
Division 1, Records of Children
09/01/03
(a) You must maintain the following records for each child enrolled in your child-care home:
(1) Child-care enrollment agreement specified in §747.503 of this title (relating to Must I provide parents with a copy of my operational policies?);
(2) Admission information;
(3) Statement of the child's health from a health-care professional;
(4) Immunization records;
(5) Tuberculin testing information, if applicable;
(6) Hearing and vision screening results, if applicable; and
(7) Licensing Incident/Illness Report form.
(b) These records must be kept at the child-care home and available for review during operating hours and for at least three months after the child's last day in care.
Information on children no longer in care may be needed to support compliance with minimum standards or health and safety issues.
§747.605 What admission information must I obtain on each child?
Subchapter C, Record Keeping
Division 1, Records of Children
09/01/03
You must obtain at least the following information before admitting a child to care:
(1) The child's name and birth date;
(2) The child's home address and telephone number;
(3) Date of the child's admission to the child-care home;
(4) Name and address of parent(s);
(5) Telephone numbers at which parent(s) can be reached while the child is in care;
(6) Name, address, and telephone number of another responsible individual (friend or relative) who should be contacted in an emergency when the parent cannot be reached;
(7) Names and telephone numbers of persons other than a parent to whom the child may be released;
(8) Permission for transportation, if provided;
(9) Permission for field trips, if provided;
(10) Permission for participation in water activities, if provided;
(11) Name, address, and telephone number of the child's physician or an emergency-care facility;
(12) Authorization to obtain emergency medical care and to transport the child for emergency medical treatment;
(13) A statement of the child's special problems or special care needs. This includes, but is not limited to, allergies, existing illness, previous serious illness and injuries, hospitalizations during the past 12 months, and any medications prescribed for continuous, long-term use;
(14) The name and telephone number of the school a school-age child attends; and
(15) Permission for a school-age child to ride a bus or walk to or from school or home, or to be released to the care of a sibling younger than 18 years, if applicable.
§747.607 Must the child's parent sign the admission information?
Subchapter C, Record Keeping
Division 1, Records of Children
09/01/03
Yes. The parent must sign the admission information before you admit the child to your care. If admission information is on several forms, a parent must sign each form
§747.609 Must I update the admission information?
Subchapter C, Record Keeping
Division 1, Records of Children
09/01/03
(a) Yes. You must develop a procedure for regularly updating the admission information, including information on special care needs.
(b) The parent must sign and date the updated information. You may use a new form or have the parent initial and date amendments to a previously signed form. You must keep the updated information in the child's record.
The child-care home needs to know where to contact parents and needs to be aware of any changes in care required by the child. Routine updating of records facilitates communication between the parent and the primary caregiver. It also ensures that accurate information is available during an emergency so that the child's needs can be met.
§747.611 Must I have a health statement for children in my care?
Subchapter C, Record Keeping
Division 1, Records of Children
09/01/03
(a) A health statement is:
(1) A written statement, from a licensed health-care professional who has examined the child within the past year, indicating the child is able to take part in the child-care home's program;
(2) A signed affidavit from the parent stating that medical diagnosis and treatment conflict with the tenets and practices of a recognized religious organization of which the parent is an adherent or a member; or
(3) A signed statement from the parent giving the name and address of a health-care professional who has examined the child within the past year stating that the child is able to participate in the program. This must be followed by a signed statement from a health-care professional as specified in paragraph (1) of this subsection within 12 months of the date of admission.
(b) You must have a health statement at your child-care home, within one week after the date of admission, for each child who does not attend pre-kindergarten or school away from the child-care home.
Health status information is critical to ensuring that the individual needs of children are met, while protecting the health and safety of all children in care.
§747.613 What immunizations are children in my care required to have?
Subchapter C, Record Keeping
Division 1, Records of Children
09/01/03
Each child enrolled or admitted to a child-care home must meet applicable immunization requirements specified by the Texas Department of Health Immunization Requirements in Texas Elementary and Secondary Schools and Institutions of Higher Education. This requirement applies to all children in the child-care home from birth through 17 years.
According to the American Academy of Pediatrics (AAP), children require frequent boosters and immunizations in early childhood. Although they may be current with required immunizations when they enroll, they can miss future required immunizations. Since the risk of vaccine preventable disease is increased in group-settings, ensuring appropriate immunization is an essential responsibility in child care.
§747.615 Are there exemptions for these immunization requirements?
Subchapter C, Record Keeping
Division 1, Records of Children
09/01/03
Yes; however, exemptions for immunization must meet criteria specified by the Texas Department of Health rules in 25 TAC §97.62 (relating to Exclusions from Compliance).
§747.617 Where can I find more information on immunizations?
Subchapter C, Record Keeping
Division 1, Records of Children
09/01/03
You can find this information in the Texas Department of Health's rules at 25 TAC Chapter 97, Subchapter B (relating to Immunization Requirements in Texas Elementary and Secondary Schools and Institutions of Higher Education). You can access it on the Texas Department of Health Internet website at: www.tdh.state.tx.us/immunize, or you may obtain a copy from Licensing or your local or state health department.
§747.619 When must I have the child's immunization record on file?
Subchapter C, Record Keeping
Division 1, Records of Children
09/01/03
Except as otherwise provided in this division, you must have a copy of the child's completed immunization record on the date of admission.
§747.621 May I admit a child who is not current on immunizations?
Subchapter C, Record Keeping
Division 1, Records of Children
09/01/03
You may enroll a child provisionally and allow the child to attend the child-care home for up to 30 days if the parent can provide written documentation from a health-care professional that the child has received at least one immunization in each series, required for that age child, and a statement of when the remaining required immunizations will be completed.
§747.623 What documentation is acceptable for immunization records?
Subchapter C, Record Keeping
Division 1, Records of Children
09/01/03
(a) Documentation acceptable for immunization records must have been validated by a physician or other health-care professional with a signature or rubber stamp and include:
(1) The child's name and birth date;
(2) The number of doses and vaccine type; and
(3) The month, day, and year the child received each vaccination.
(b) Documentation may be the original record, a photocopy, or a handwritten copy that you have signed and dated.
§747.625 If a child's immunization record is already on file at a pre-kindergarten program or school away from my child-care home, must I also have a copy of the child's immunization record in my files?
Subchapter C, Record Keeping
Division 1, Records of Children
09/01/03
For each child attending a pre-kindergarten program or school, you must have either:
(1) A copy of the current immunization record that is on file at the pre-kindergarten program or school the child attends; or
(2) A signed statement from the child's parent that the child's immunization record is current and on file at the pre-kindergarten program or school that the child attends. The statement must be dated and include the name, address, and telephone number of the pre-kindergarten program or school listed in the statement.
§747.627 Must I maintain immunization and health records on children in my care that are related to me?
Subchapter C, Record Keeping
Division 1, Records of Children
09/01/03
Yes. Any child in care during hours of operation, whether the child is related to you or not, must have these records at your child-care home.
§747.629 Must children in my care have a tuberculosis (TB) examination?
Subchapter C, Record Keeping
Division 1, Records of Children
09/01/03
Requirements for tuberculosis screening and testing vary across the state. If your regional Texas Department of Health (TDH) or local health authority requires tuberculosis testing for children in your area, then you must have documentation to indicate that each child in your care is free of active tuberculosis. Documentation of a TB screening is not required to be on file. If you are unsure of the requirements for your area, contact the TB program manager at the TDH regional office nearest you.
§747.631 Must children in my registered child-care home have vision and hearing screening?
Subchapter C, Record Keeping
Division 1, Records of Children
09/01/03
No. The Special Senses and Communication Disorders Act, Texas Health and Safety Code, Chapter 36, does not require a screening or a professional examination for possible vision and hearing problems for a child enrolled in a child-care home that we register.
§747.633 Must children in my licensed child-care home have vision and hearing screening?
Subchapter C, Record Keeping
Division 1, Records of Children
09/01/03
(a) The Special Senses and Communication Disorders Act, Texas Health and Safety Code, Chapter 36, requires a screening or a professional examination for possible vision and hearing problems for the following children who are enrolled in a licensed child-care home:
(1) First time enrollees who are four years of age and older and all children enrolled in programs who are four years of age by September 1 of each year will be screened for possible vision and hearing problems prior to completion of the first semester of enrollment or within 120 calendar days of enrollment, whichever is longest, or present evidence of screening conducted one year prior to enrollment; and
(2) Each child who is in the first, third, fifth, or seventh-grade must complete a screening or examination within the school year.
(b) A licensed or certified screener or a health-care professional must conduct the screening. Refer to Texas Health and Safety Code, §36.011, for specifics on vision and hearing screening. This information may be accessed on the Internet at: www.tdh.state.tx.us/vhs/.
(c) You must keep one of the following at the child-care home for each child required to be screened:
(1) The individual vision and hearing screening; or
(2) A signed statement from the child's parent that the child's screening records are current and on file at the pre-kindergarten program or school the child attends away from the child-care home. The statement must be dated and include the name, address, and telephone number of the pre-kindergarten program or school.
§747.635 Must I keep attendance records or a sign-in and sign-out log for children in my care?
Subchapter C, Record Keeping
Division 1, Records of Children
09/01/03
(a) Yes. You must maintain a record of attendance for each child in your care. You may use a sign-in and sign-out log or other attendance chart.
(b) You must keep attendance records for the previous three months and make them available to Licensing for review upon request.
Records of Accidents and Incidents
§747.701 Must I keep a written record of accidents and injuries that occur at my child-care home?
Subchapter C, Record Keeping
Division 2, Records of Accidents and Incidents
09/01/03
Yes. You must use a Licensing Incident/Illness Report form, or other form containing at least the same information, to record information regarding:
(1) Injuries that required medical attention by a health-care professional; and
(2) Any other situation that placed a child at risk, such as forgetting a child in a vehicle or not preventing a child from wandering away from the child-care home.
§747.703 Where can I get a copy of Licensing's Incident/Illness Report form?
Subchapter C, Record Keeping
Division 2, Records of Accidents and Incidents
09/01/03
You may obtain a copy of the form from Licensing staff or the PRS website at: www.tdprs.state.tx.us/child_care.
§747.705 Must someone from my child-care home sign the Incident/Illness Report form?
Subchapter C, Record Keeping
Division 2, Records of Accidents and Incidents
09/01/03
Yes. You or your substitute caregiver must sign and date the completed report.
§747.707 Must I share a copy of the Incident/Illness Report form with the child's parent?
Subchapter C, Record Keeping
Division 2, Records of Accidents and Incidents
09/01/03
Yes. You must share a copy of the report with the child's parent and obtain the parent's signature on the report indicating the parent has reviewed it or received a copy of the report within 48 hours of when the incident occurred.
Requiring a parent to sign the report verifies the parent was informed of serious situations, which affect the health or safety of their child.
§747.709 Where must I file the Incident/Illness Report form and how long must I keep it?
Subchapter C, Record Keeping
Division 2, Records of Accidents and Incidents
09/01/03
You must keep the form with the child's record at the child-care home while the child is in care and for at least three months after the child's last day in care.
Records that Must be Kept on File at the Child-Care Home
§747.801 What records must I keep at my child-care home?
Subchapter C, Record Keeping
Division 3, Records that Must be Kept on File at the Child-Care Home
09/01/03
You must maintain and make the following records available for our review upon request during hours of operation. Paragraphs (10), (11), and (12) are optional, but if provided, will allow Licensing to avoid duplicating the evaluation of standards which have been evaluated by another state agency within the past year:
(1) Children's records, as specified in Division 1 of this subchapter (relating to Records of Children);
(2) Infant feeding instructions, as required in §747.2321 of this title (relating to Must I obtain written feeding instructions for children not ready for table food?), if applicable;
(3) Personnel and training records, as required in §747.901 of this title (relating to What information must I maintain in my personnel records?), and in §747.1327 of this title (relating to What documentation must I provide to Licensing to verify that training requirements have been met?);
(4) Proof of request for PRS background checks, as required in §747.901 of this title;
(5) Menus, as required in §747.3113 of this title (relating to Must I post and maintain daily menus?);
(6) Medication records, as required in §747.3605 of this title (relating to What records must I keep when I administer medication to a child in my care?);
(7) Pet vaccination records, as required in §747.3703 of this title (relating to Must I keep documentation of vaccinations for the animals?), if applicable;
(8) Fire safety documentation for emergency drills, fire extinguishers, smoke detectors and emergency evacuation and relocation diagram, as required in §747.5005 of this title (relating to How often must I practice my emergency evacuation and relocation plans?), §747.5007 of this title (relating to Must I have an emergency evacuation and relation diagram?), §747.5107 of this title (relating to How often must I inspect and service the fire extinguisher?), §747.5115 of this title (relating to How often must the smoke detectors at my child-care home be tested?), and §747.5117 of this title (relating to How often must I have an electronic smoke alarm system tested?);
(9) Most recent Licensing inspection report, letter, or notice;
(10) Most recent Texas Department of Health immunization compliance review form, if applicable;
(11) Most recent Texas Department of Human Services Child and Adult Care Food Program (CACFP) report, if applicable;
(12) Most recent local workforce board Child-Care Services Contractor inspection report, if applicable; and
(13) Written approval from the fire marshal to provide care above or below ground level, if applicable.
§747.803 How long must I keep these records at my child-care home?
Subchapter C, Record Keeping
Division 3, Records that Must be Kept on File at the Child-Care Home
09/01/03
(a) You must keep these records at your child-care home for at least three months from the date the record was created, unless otherwise stated in these minimum standards.
(b) You must keep training records for at least the current and last full training year.
Records on Caregivers and Household Members
§747.901 What information must I maintain in my personnel records?
Subchapter C, Record Keeping
Division 4, Records on Caregivers and Household Members
09/01/03
You must keep at least the following at the child-care home for each assistant caregiver and substitute, as specified in this chapter:
(1) Documentation showing the dates of the first and last day on the job;
(2) Documentation showing how the caregiver meets the minimum age and education qualifications, if applicable;
(3) A copy of a health card or physician's statement verifying the caregiver is free of active tuberculosis, if required by the regional Texas Department of Health TB program or local health authority;
(4) A notarized Licensing Affidavit for Applicants for Employment form as specified in Human Resources Code, §42.059;
(5) A record of training hours;
(6) Proof of request for PRS Background Check; and
(7) A copy of a current driver's license if the caregiver transports children.
§747.903 Must I keep records for my household members who are counted in the child/caregiver ratio?
Subchapter C, Record Keeping
Division 4, Records on Caregivers and Household Members
09/01/03
Yes. You must keep the same personnel records specified in §747.901 of this title (relating to What information must I maintain in my personnel records?) for all household members who are used as assistant or substitute caregivers as defined in Subchapter D, Division 3 of this chapter (relating to Assistant and Substitute Caregivers), whether they are paid or unpaid.
§747.905 What records must I keep for my household members who are not counted in the child/caregiver ratio?
Subchapter C, Record Keeping
Division 4, Records on Caregivers and Household Members
09/01/03
You must keep at least the following at the child-care home for each household member who is 14 years old or older, and who is regularly or frequently present while children are in care:
(1) A copy of a health card or physician's statement verifying the household member is free of active tuberculosis, if required by the regional Texas Department of Health TB program or local health authority;
(2) Documentation verifying orientation to the child-care home was completed; and
(3) Proof of request for a PRS Background Check.
§747.907 Where can I obtain a copy of the Licensing Affidavit for Applicants for Employment form?
Subchapter C, Record Keeping
Division 4, Records on Caregivers and Household Members
09/01/03
You may request a copy from us or you may obtain a copy from our PRS website at: www.tdprs.state.tx.us/Child_Care
§747.909 What records must I maintain on myself?
Subchapter C, Record Keeping
Division 4, Records on Caregivers and Household Members
09/01/03
You must have the following records available for review during hours of operation:
(1) A notarized Licensing Affidavit for Applicants for Employment form, as specified in Human Resources Code, §42.059;
(2) A copy of a health card or physician's statement verifying you are free of active tuberculosis, if required by the regional Texas Department of Health TB program or local health authority;
(3) A record of your training hours; and
(4) A copy of a current driver's license if you transport children.
§747.911 Must I maintain attendance records or time sheets on caregivers that assist me?
Subchapter C, Record Keeping
Division 4, Records on Caregivers and Household Members
09/01/03
We do not require you to maintain attendance records or time sheets for yourself or any other person you count in the child/caregiver ratio.
§747.913 How long must I keep the required records on caregivers and household members?
Subchapter C, Record Keeping
Division 4, Records on Caregivers and Household Members
09/01/03
You must keep records for at least three months after a caregiver's last day on the job or after the household member is no longer living in your home.
§747.915 May Licensing access my records?
Subchapter C, Record Keeping
Division 4, Records on Caregivers and Household Members
09/01/03
All records required to be maintained under this division are subject to our immediate review and reproduction, upon our request, during all hours of operation.
Personnel
Primary Caregiver of a Registered Child-Care Home
§747.1001 Who is required to meet the qualifications specified in this division?
Subchapter D, Personnel
Division 1, Primary Caregiver of a Registered Child-Care Home
09/01/03
The primary caregiver of a registered child-care home, as defined in §747.201 of this title (relating to Who is a primary caregiver?) must meet the qualifications specified in this division.
§747.1003 When must I meet qualifications to be a primary caregiver?
Subchapter D, Personnel
Division 1, Primary Caregiver of a Registered Child-Care Home
09/01/03
You must meet the qualifications before we register your child-care home.
§747.1005 May I have more than one primary caregiver for my child-care home?
Subchapter D, Personnel
Division 1, Primary Caregiver of a Registered Child-Care Home
09/01/03
No. A registered child-care home may have only one primary caregiver.
§747.1007 What qualifications must I meet to be the primary caregiver of a registered child-care home?
Subchapter D, Personnel
Division 1, Primary Caregiver of a Registered Child-Care Home
09/01/03
Except as otherwise provided in this division, you must:
(1) Be at least 21 years old;
(2) Have a:
(A) High school diploma; or
(B) High school equivalent;
(3) Have a certificate of completion of the Licensing orientation within one year prior to your application date;
(4) Have current certification in CPR and first aid with rescue breathing and choking; and
(5) Be free of active tuberculosis, if required by the regional Texas Department of Health TB program or local health authority.
§747.1009 Are there exemptions to any of the qualifications specified in this division?
Subchapter D, Personnel
Division 1, Primary Caregiver of a Registered Child-Care Home
09/01/03
A primary caregiver who registered before July 1,1990, and who was still registered on September 1, 2003, is not required to obtain a high school diploma or its equivalent or to attend Licensing orientation.
§747.1013 What if I am younger than 21 years old but I want to be registered?
Subchapter D, Personnel
Division 1, Primary Caregiver of a Registered Child-Care Home
09/01/03
You may be a registered caregiver if you are 18 through 20 years old, have a high school diploma or its equivalent, and one of the following:
(1) A Child Development Associate or Certified Child-Care Professional credential;
(2) An associate's of applied science degree in child care;
(3) A community college certificate in child care;
(4) A day-care administrator's credential approved by Licensing; or
(5) Six college credit hours in child development and nine months' experience in a licensed child-care center or in a licensed or registered child-care home, as specified in §747.1113 of this title (relating to What constitutes experience in a licensed child-care center, or in a licensed or registered child-care home?).
§747.1015 Does education received outside of the United States count toward primary caregiver qualifications?
Subchapter D, Personnel
Division 1, Primary Caregiver of a Registered Child-Care Home
09/01/03
Yes, however you must provide supporting information such as a copy of the diploma or letter from the school district to indicate that the education is equivalent to a high school diploma program in the United States. Documentation written in a foreign language must be translated into English.
Primary Caregiver of a Licensed Child-Care Home
§747.1101 Who is required to meet the qualifications specified in this division?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
The primary caregiver of a licensed child-care home, as defined in §747.201 of this title (relating to Who is a primary caregiver?) must meet the qualifications specified in this division.
§747.1103 When must I meet qualifications to be a primary caregiver?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
You must meet the qualifications before we license your child-care home.
§747.1105 May I have more than one primary caregiver for my licensed child-care home?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
No. A licensed child-care home may have only one primary caregiver.
§747.1107 What qualifications must I meet to be the primary caregiver of a licensed child-care home?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
(a) Except as otherwise provided in this division, a primary caregiver for a licensed child-care home must:
(1) Be at least 21 years of age;
(2) Have a high school diploma or its equivalent;
(3) Have a certificate of completion of the Licensing orientation within one year prior to your application date;
(4) Have current certification in CPR and first aid with rescue breathing and choking; and
(5) Have one of the following combinations of education and experience in a licensed child-care center, or in a licensed or registered child-care home, as defined in §747.1113 of this title (relating to What constitutes experience in a licensed child-care center, or in a licensed or registered child-care home?):
Education
Experience
(A) A bachelor's degree with 12 college credit hours in child development and three college credit hours in business management,
and at least one year of experience in a licensed child-care center, or in a licensed or registered child-care home;
(B) An associate's of applied science degree in child development or a closely related field with six college credit hours in child development and three college credit hours in business management. A "closely related field" is any educational instruction pertaining to the growth, development, physical or mental care, or education of children ages birth through 13 years,
and at least one year of experience in a licensed child-care center, or in a licensed or registered child-care home;
(C) Sixty college credit hours with six college credit hours in child development and three college credit hours in business management,
and at least one year of experience in a licensed child-care center, or in a licensed or registered child-care home;
(D) A Child Development Associate credential or Certified Child-Care Professional credential with three college credit hours in business management,
and at least one year of experience in a licensed child-care center, or in a licensed or registered child-care home;
(E) A child-care administrator's certificate from a community college with at least 15 college credit hours in child development and three college credit hours in business management,
and at least two years of experience in a licensed child-care center, or in a licensed or registered child-care home;
(F) A day-care administrator's credential issued by a professional organization or an educational institution and approved by Licensing based on criteria specified in Subchapter P of Chapter 745 of this title (relating to Day-Care Administrator's Credential Program),
and at least two years of experience in a licensed child-care center, or in a licensed or registered child-care home; or
(G) Seventy-two clock hours of training in child development and 30 clock hours in business management,
and at least three years of experience in a licensed child-care center, or in a licensed or registered child-care home.
(b) Options (D) and (F) of subsection (a) of this section require periodic renewal.
A primary caregiver caring for more than six children and employing one or more assistants functions as a "facility director." She plays a crucial role in ensuring the smooth day-to-day operation of the child-care home and serves two important functions: To balance business concerns with what's good for children and to provide leadership and direction to the assistant/substitute caregivers responsible for providing safe and healthy care for the children.
§747.1109 Are there exemptions from the qualifications listed in this division?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
(a) A primary caregiver who was director of a licensed group day-care home before May 1, 1985, is exempt from the requirements specified in this division.
(b) The primary caregiver or director of a child-care home licensed after May 1, 1985, but before September 1, 2003, has three years from September 1, 2003, to comply if the caregiver remains in the same position.
§747.1113 What constitutes experience in a licensed child-care center, or in a licensed or registered child-care home?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
(a) Only the following types of experience may be counted as experience in a licensed child-care center:
(1) Experience as a director, assistant director, or as a caregiver working directly with children, obtained in any PRS licensed child-care center, whether paid or unpaid;
(2) Experience as a director, assistant director or caregiver working directly with children, whether paid or unpaid, in a PRS licensed day-care center, group day-care home, kindergarten and nursery school, school: grades kindergarten and above, drop-in care center, or in a PRS alternatively accredited program; and
(3) Experience as a director, assistant director, or caregiver working directly with children in a licensed or certified child-care center in another state.
(b) Only the following types of experience may be counted as experience in a licensed or registered child-care home:
(1) Experience as a primary caregiver or assistant caregiver working directly with children, whether paid or unpaid, in a PRS licensed or registered child-care home;
(2) Experience as a director, assistant director, or caregiver working directly with children, whether paid or unpaid in a PRS licensed group day-care home; or
(3) Experience as a primary caregiver of a PRS registered family home.
(c) You must have obtained all work experience in a full-time capacity or its equivalent in a part-time capacity. Full-time is defined as 40 hours per week.
§747.1115 May other types of experience be substituted for the required experience in a licensed child-care center, or in a licensed or registered child-care home?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
The following types of experience may be substituted for one year of the required experience:
(1) One year of full-time classroom teaching in a public or private accredited school setting in grades kindergarten through third, during a customary school year;
(2) Substitute or part-time classroom teaching in a public or private accredited school setting in grades kindergarten through third, if the total length of time adds up to one year of full-time teaching during a customary school year; and
(3) One-year of postgraduate study in child development, early childhood education, or a related field.
§747.1117 Can Licensing verify whether someone has sufficient experience in a licensed child-care center, or in a licensed or registered child-care home?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
Yes. To determine whether a person has sufficient experience to qualify as a primary caregiver, we may, at our own discretion, verify child-care experience and substitute child-care experience via the Internet, telephone, or mail contact with previous employer(s), or through our records.
§747.1119 What credit courses does Licensing recognize as child development?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
Due to a large variation in credit course titles and content, it is impossible to list all courses that may be counted toward the child development requirement. Courses in early childhood education, child growth and development, psychology, sociology, classroom management, child psychology, health and safety, elementary education related to kindergarten through third grade, and other similar courses may be counted if they are related to child development. Abnormal psychology and secondary education courses are not recognized as child development.
§747.1121 What credit courses does Licensing recognize as business management?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
Due to a large variation in credit course titles and content, it is impossible to list all courses that may be counted toward the business management requirement. Business management courses may include administration of a child-care facility, accounting, goal and objective setting, performance planning and evaluation, risk management and other administrative, management, or supervisory-related courses. Courses in office machines or computer training are not recognized as business management.
§747.1123 What are clock hours?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
Clock hours may consist of documented attendance at:
(1) Seminars, workshops, conferences, and early childhood classes;
(2) Self-instructional programs; or
(3) Planned learning opportunities provided by consultants, a qualified director or primary caregiver, or by a child-care association.
§747.1125 Must the trainer or provider of clock hours meet specific criteria?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
We do not have any specific criteria for whether someone may be a trainer or provider of child-care training.
§747.1127 What are CEUs?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
CEUs (continuing education units) provide a standard unit of measure for adult education and training activities. One CEU equals ten clock hours of participation in an organized, continuing-education experience, under responsible, qualified direction and instruction. Although you may obtain a CEU in many of the same settings as clock hours, the CEU provider must meet the criteria established by the International Association for Continuing Education and Training to be able to offer the CEU.
§747.1129 May I substitute clock hours or CEUs for any of the educational requirements in any of the options in this division?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
You may only substitute clock hours or CEUs for required college credit hours in child development and business management. You may substitute 50 clock hours or five CEUs for each three college credit hours required in child development and business management.
§747.1131 What kind of documentation must I submit to show I am qualified to be a primary caregiver of a licensed child-care home?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
(a) You must submit the following to Licensing staff:
(1) A completed Licensing Personal History Statement form specifying your education and experience;
(2) An original college transcript or original training certificates which verify the educational requirements; and
(3) Complete dates, names, addresses, and telephone numbers which support the required experience.
(b) You must submit the information to us as a part of a new application for a permit.
§747.1133 What documentation must I provide to Licensing to show I have acceptable child development and business management education?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
If requested by Licensing, you must provide original transcripts, supporting documentation such as credit course catalog descriptions, or a course syllabus or outline to determine whether the course is recognized as child development or business management.
§747.1135 What documentation must I have to prove that I received the clock hours or CEUs?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
You must have documentation specified in §747.1327 of this title (relating to What documentation must I provide to Licensing to verify that training requirements have been met?).
§747.1137 Does education received outside of the United States substitute for primary caregiver qualifications?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
Yes, provided you submit to us information that we can use to interpret and evaluate educational qualifications. Documentation written in a foreign language must be translated into English.
§747.1139 Will Licensing keep the original training certificates and college transcripts I submit to obtain a Licensing Child-Care Director's Certificate?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
No. After we evaluate this information and issue a Child-Care Director's Certificate, we will return the original documents to you along with the certificate or if a certificate is not issued, along with a letter notifying you of the decision.
§747.1141 What if Licensing determines I do not meet minimum standard qualifications?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
We will notify you that you do not meet minimum standard qualifications. We will give you a deadline to submit additional paperwork, or ask you to withdraw your application and re-apply after you have obtained the necessary training and experience.
§747.1143 Will I receive a certificate verifying that I meet qualifications?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
Yes. After we determine that you meet minimum standard qualifications for a licensed primary caregiver we will issue a Licensing Child-Care Director's Certificate. The certificate verifies only that you meet minimum standard qualifications specified in §747.1107 of this title (relating to What qualifications must I meet to be the primary caregiver of a licensed child-care home?).
§747.1145 Will the Child-Care Director's Certificate expire?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
The Licensing Child-Care Director's Certificate will have an expiration date if you qualified under subsection (a), options (D) or (F) in §747.1107 of this title (relating to What qualifications must I meet to be the primary caregiver of a licensed child-care home?). Otherwise, the certificate will not expire.
§747.1147 How often must an expiring Child-Care Director's Certificate be renewed?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
If you qualify under subsection (a), options (D) or (F) of §747.1107 of this title (relating to What qualifications must I meet to be the primary caregiver of a licensed child-care home?), you must maintain your credential according to the organization's requirements. You must submit to us a copy of a letter or other documentation confirming the credential is current before we can renew your Child-Care Director's Certificate.
§747.1149 What happens if I do not submit the documentation confirming the credential is current?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
We will give you a deadline to submit the required documentation. If you allow the certificate to expire without submitting the required documentation, and you no longer meet primary caregiver qualifications, you violate minimum standards.
§747.1151 Does Licensing charge a fee for issuing the director's certificate?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
No. We do not charge a fee for processing a Licensing Child-Care Director's Certificate.
§747.1153 Can I get a replacement Child-Care Director's Certificate?
Subchapter D, Personnel
Division 2, Primary Caregiver of a Licensed Child-Care Home
09/01/03
Yes. We will issue a replacement Child-Care Director's Certificate if you submit your request to us in writing, specifying your name and address, the date when we issued the original certificate, and the reason a replacement certificate is needed.
Assistant and Substitute Caregivers
§747.1201 What types of caregivers may I use in my child-care home?
Subchapter D, Personnel
Division 3, Assistant and Substitute Caregivers
09/01/03
There are two kinds of caregivers: assistant caregivers and substitute caregivers.
§747.1203 What is the difference between an assistant caregiver and a substitute caregiver?
Subchapter D, Personnel
Division 3, Assistant and Substitute Caregivers
09/01/03
(a) An assistant caregiver is counted in the child/caregiver ratio and assists in the care and supervision of children. An assistant caregiver may not be left to supervise and care for children without the primary caregiver or a substitute caregiver being present in the child-care home at the same time.
(b) A substitute caregiver is the caregiver you leave in charge of your child-care home in your absence. You must give the substitute caregiver the authority to administer your child-care home in compliance with the minimum standards and the Licensing law in your absence. Your substitute caregiver may also be counted in the child/caregiver ratio.
§747.1205 Are there different qualifications for assistant and substitute caregivers?
Subchapter D, Personnel
Division 3, Assistant and Substitute Caregivers
09/01/03
Yes. Caregiver qualifications are different for assistant and substitute caregivers. The qualifications for assistant and substitute caregivers are outlined in the following chart:
A substitute caregiver is...
An assistant caregiver is...
18 years old;
18 years old;
Qualified as a caregiver withA high school diploma; or
A high school equivalent;
Qualified as a caregiver withA high school diploma; or
A high school equivalent;
Required to complete orientation to your home;
Required to complete orientation to your home;
Required to meet the requirements in Subchapter F of Chapter 745 of this title (relating to Background Checks);
Required to meet the requirements in Subchapter F of Chapter 745 of this title (relating to Background Checks);
Required to be free of active tuberculosis;
Required to be free of active tuberculosis; and
Required to complete a notarized Licensing Affidavit for Applicants for Employment form as specified in Human Resources Code, §42.059; and
Required to complete a notarized Licensing Affidavit for Applicants for Employment form as specified in Human Resources Code, §42.059.
Trained in CPR and first aid with rescue breathing and choking.
§747.1207 What minimum qualifications must an assistant caregiver meet?
Subchapter D, Personnel
Division 3, Assistant and Substitute Caregivers
09/01/03
Except as otherwise provided in this division, an assistant caregiver counted in the child/caregiver ratio must:
(1) Be 18 years old;
(2) Have a:
(A) High school diploma; or
(B) High school equivalent;
(3) Have completed orientation to your child-care home;
(4) Meet the requirements in Subchapter F of Chapter 745 (relating to Background Checks);
(5) Be free of active tuberculosis; and
(6) Complete a notarized Licensing Affidavit for Applicants for Employment form as specified in Human Resources Code, §42.059.
Background checks ensure children are not cared for by persons with a history of criminal activity, abuse or neglect.
§747.1209 What qualifications must a substitute caregiver meet?
Subchapter D, Personnel
Division 3, Assistant and Substitute Caregivers
09/01/03
A substitute caregiver must comply with all minimum standards for assistant caregivers and must have current certification in CPR and first aid with rescue breathing and choking.
Substitute caregivers who are in charge of children during the primary caregiver's absence, must know basic information regarding PRS minimum standard rules, understand the principles of child development, growth, discipline, guidance, and emergency practices, including CPR and First Aid, in order to maintain a safe and healthy environment for children in care.
§747.1211 Are there circumstances when I may employ a person under the age of 18 or a person who does not have a high school diploma or equivalent as a caregiver?
Subchapter D, Personnel
Division 3, Assistant and Substitute Caregivers
09/01/03
(a) You may employ a 16 or 17 year old who has a high school diploma or its equivalent and count the person in the child/caregiver ratio, provided that:
(1) You don't leave the person alone with or responsible for a child or as the substitute caregiver in your absence;
(2) The person works close by and is supervised by you or a qualified caregiver; and
(3) The person has completed a child-care-related career program, which the Texas Education Agency or another state or federal agency approves.
(b) You may employ a 16,17, or 18 year old who attends high school but has not graduated and count the person in the child/caregiver ratio, provided that:
(1) You don't leave the person alone with or responsible for a child or as the substitute caregiver in your absence;
(2) The person works close by and is supervised by you or a qualified caregiver;
(3) The person is currently enrolled in or has completed a child-care-related career program which the Texas Education Agency or another state or federal agency approves; and
(4) The person is expected to obtain a high school diploma.
Age 18 is the minimal age a caregiver can be expected to make independent decisions and respond appropriately to the needs of children.
A high school diploma or its equivalency is a recognized indicator of basic literacy in our society.
§747.1213 Does education received outside of the United States count toward caregiver qualifications?
Subchapter D, Personnel
Division 3, Assistant and Substitute Caregivers
09/01/03
Yes, however, you must provide supporting information such as a copy of the diploma or letter from the school district to indicate that the education is equivalent to a high school diploma program in the United States. Documents written in a foreign language must be translated into English.
§747.1215 Do the qualifications specified in this division apply to an assistant caregiver that was employed before May 1, 1985?
Subchapter D, Personnel
Division 3, Assistant and Substitute Caregivers
09/01/03
An assistant caregiver who worked in a licensed child-care home before May 1, 1985, is exempt from the qualifications for assistant caregivers specified in this division.
§747.1217 Do the qualifications specified in this division apply to a substitute caregiver that I employed before May 1, 1985?
Subchapter D, Personnel
Division 3, Assistant and Substitute Caregivers
09/01/03
Yes. The substitute caregiver that has the authority to operate the child-care home in your absence must meet the current qualifications for a substitute caregiver.
§747.1219 What does Licensing mean by the term "high school equivalent"?
Subchapter D, Personnel
Division 3, Assistant and Substitute Caregivers
09/01/03
(a) A high school equivalent is a program recognized by the Texas Education Agency (TEA) or other educational entity outside of Texas, which offers training similar to reading, writing, and problem-solving skills taught at the high school level, such as a General Educational Development (GED) certificate.
(b) Original documentation must be provided to Licensing to verify completion of any high school equivalency program.
Professional Development
§747.1301 What training must I ensure that my caregivers have?
Subchapter D, Personnel
Division 4, Professional Development
09/01/03
You must make sure that each caregiver has the following training:
(1) Orientation to your child-care home as specified in §747.1305 of this title (relating to What should orientation to my child-care home include?);
(2) 15 clock hours of annual training as specified in §747.1307 of this title (relating to What topics must the 15 clock hours of annual training for caregivers include?); and
(3) CPR and first-aid training as specified in §747.1313 of this title (relating to Who must have first-aid and CPR training?).
§747.1303 What training must I have?
Subchapter D, Personnel
Division 4, Professional Development
09/01/03
You must have the following training:
(1) Licensing pre-application interview, before being issued a permit;
(2) 20 clock hours of annual training; and
(3) CPR and first-aid training.
§747.1305 What should orientation to my child-care home include?
Subchapter D, Personnel
Division 4, Professional Development
09/01/03
Orientation to your child-care home must include at least the following:
(1) An overview of the minimum standards found in this chapter;
(2) Your home's child-care policies including discipline, guidance, and the release of children;
(3) An overview of symptoms of child abuse, neglect, and sexual abuse and the responsibility for reporting these;
(4) The procedures to follow in handling emergencies. Emergencies include, but are not limited to, fire, explosion, tornado, toxic fumes, volatile individuals, and severe injury or illness of a child or adult; and
(5) The use and location of fire extinguishers and first-aid equipment.
Children are at risk when adults responsible for them don't know what they are doing, as a result of inadequate training, preparation or orientation. Orientation programs for assistant and substitute caregivers are specific to the child-care home as the layout of homes, emergency procedures, and the needs of children vary. Orientation, which addresses caregiver responsibilities, is different from training, which addresses issues general to the care of children.
§747.1307 What topics must the 15 clock hours of annual training for caregivers include?
Subchapter D, Personnel
Division 4, Professional Development
09/01/03
(a) Each caregiver counted in the child/caregiver ratio on more than ten separate occasions in one training year, as specified in §747.1311 of this title (relating to When must the annual training be obtained?) must obtain at least 15 clock hours of training annually. The 15 clock hours are exclusive of CPR, first aid, orientation, and any training received through a high school child-care work-study program;
(b) At least six clock hours of annual training must be in one or more of the following topics:
(1) Child growth and development;
(2) Guidance and discipline;
(3) Age-appropriate curriculum; and
(4) Teacher-child interaction;
(c) The remaining clock hours of annual training must be in one or more of the following topics:
(1) Care of children with special needs;
(2) Adult and child health;
(3) Safety;
(4) Risk management;
(5) Identification and care of ill children;
(6) Cultural diversity of children and families;
(7) Professional development (for example, effective communication, time and stress management);
(8) Preventing the spread of communicable diseases;
(9) Topics relevant to the particular ages of children in care (for example, caregivers working with infants or toddlers should receive training on biting and toilet training);
(10) Planning developmentally appropriate learning activities;
(11) Minimum standards and how they apply to the caregiver; and
(d) If the home provides care for a child younger than 24 months, one hour of annual training must cover the following topics:
(1) Recognizing and preventing shaken baby syndrome;
(2) Preventing sudden infant death syndrome; and
(3) Understanding early childhood brain development.
§747.1309 What training topics must be included in my annual training as the primary caregiver?
Subchapter D, Personnel
Division 4, Professional Development
09/01/03
(a) You must obtain at least 20 clock hours of training annually.
(1) The 20 clock hours of annual training are exclusive of the Licensing pre-application interview and CPR and first-aid training; and
(2) Training hours may not be earned for presenting training to others.
(b) At least six clock hours of annual training must be in one or more of the following topics:
(1) Child growth and development;
(2) Guidance and discipline;
(3) Age-appropriate curriculum; and
(4) Teacher-child interaction.
(c) A primary caregiver with five or fewer years of experience as a primary caregiver in a licensed or registered child-care home must complete at least six of the 20 clock hours in management techniques, leadership, or staff supervision.
(d) A primary caregiver with more than five years of experience as a primary caregiver in a licensed or registered child-care home must complete at least three of the 20 clock hours in management techniques, leadership, or staff supervision.
(e) If the home provides care for children younger than 24 months, one hour of annual training must cover the following topics:
(1) Recognizing and preventing shaken baby syndrome;
(2) Preventing sudden infant death syndrome; and
(3) Understanding early childhood brain development.
(f) The remainder of annual training hours must be selected from the training topics specified in §747.1307(c) of this title (relating to What topics must the 15 clock hours of annual training for caregivers include?).
Research has shown that caregivers who are better trained are better able to prevent, recognize, and correct health and safety problems. Promoting learning and development in children, whose needs and abilities change at a rapid rate, requires skill. Annual ongoing training provides caregivers an opportunity to learn the newest techniques for addressing children's behaviors, to discover the latest findings on what children need as they develop, and to refresh and re-energize their skills. Some re-training on previously studied topics is necessary to keep skills and knowledge up-to-date.
§747.1311 When must the annual training be obtained?
Subchapter D, Personnel
Division 4, Professional Development
09/01/03
(a) Your annual training must be obtained within 12 months from the date you are registered or licensed with us and during each subsequent 12-month period. If you obtain more than the minimum number of annual training clock hours required, you may not carry the additional hours over to the next year.
(b) Annual training for each caregiver must be obtained within 12 months from the date of the caregiver's employment and during each subsequent 12-month period. If a caregiver obtains more than the minimum number of annual training clock hours required, this caregiver may not carry the additional hours over to the next year.
§747.1313 Who must have first-aid and CPR training?
Subchapter D, Personnel
Division 4, Professional Development
09/01/03
(a) The primary caregiver and any substitute caregiver must have current training in first aid with rescue breathing and choking. Pediatric first aid is preferred, but not required.
(b) The primary caregiver and any substitute caregiver, and one assistant caregiver for each group of children in care away from the child-care home, must have current training in CPR for infants, children, and adults issued by the American Red Cross, American Heart Association or by a training program that has been approved by the local Emergency Medical Services Authority, or is offered through the local hospital.
(c) CPR and first-aid training must not be obtained through self-instructional training.
According to the AAP, knowledge of pediatric first aid, including management of a blocked airway and rescue breathing and the confidence to use these skills, are critically important to the outcome of an emergency situation. CPR and first-aid training obtained from the listed sources ensures that the techniques and information the caregiver receives is up to date.
§747.1315 Must child-care training meet certain criteria?
Subchapter D, Personnel
Division 4, Professional Development
09/01/03
(a) Training may include clock hours or CEUs obtained through:
(1) Workshops offered by local school districts, colleges or universities, or Licensing;
(2) Conferences on early childhood or early child development;
(3) Self-instructional materials, excluding CPR and first aid;
(4) Planned learning opportunities provided by child-care associations or Licensing; or
(5) Planned learning opportunities provided by community resources, professional consultants, or a primary caregiver who meets minimum standard qualifications.
(b) All training must include:
(1) Specifically stated learning objectives;
(2) A curriculum, which includes experiential or applied activities;
(3) An evaluation/assessment tool to determine whether the person has obtained the information necessary to meet the stated objectives; and
(4) A certificate of successful completion from the training source.
§747.1317 Does Licensing approve training resources or trainers for training clock hours?
Subchapter D, Personnel
Division 4, Professional Development
09/01/03
No. We do not approve or endorse training resources or trainers for training clock hours. You should, however, ensure you and your caregivers receive relevant training from reliable resources, in topics specified in this division, and that participants receive original documentation of completion, as specified in this division.
Recommendation: Since the Department does not approve training sources, it is very important that your training and the training for your assistant and substitute caregivers come from a reliable source that has experience in the topic that they are presenting. We recommend you ask the trainer to provide you with a résumé or vita showing relevant experience and education, or be certain you are obtaining training through reliable sources in the community who have verified the presenter's qualifications for you. Also, ask to see a copy of the certificate you will receive and to preview the materials, before entering into an agreement to purchase any training.
§747.1319 If I am attending, or I have a caregiver who is attending, a college or Child Development Associate/Certified Child-Care Professional credential program, may I count these clock hours toward the annual training requirement?
Subchapter D, Personnel
Division 4, Professional Development
09/01/03
Yes. If the training is in a topic specified in this division and you can provide documentation of completion as specified in this division, then you may count this training toward the annual training requirement.
§747.1321 If I hire a caregiver that received training at another child-care home or center, may these hours count towards the annual training requirement at my child-care home?
Subchapter D, Personnel
Division 4, Professional Development
09/01/03
If the caregiver can provide documentation of training obtained within two months before coming to work at your child-care home, this training may apply toward the annual training requirement. If you apply this training to the annual requirement, you must adjust the annual training due dates accordingly.
§747.1323 What is self-instructional training?
Subchapter D, Personnel
Division 4, Professional Development
09/01/03
Self-instructional material, such as on-line training, written, or video-based material is designed to be used by one individual and must include:
(1) Specifically stated objectives;
(2) A curriculum that includes experiential or applied activities;
(3) An evaluation/assessment tool to determine whether the person has obtained the information necessary to meet the stated objectives; and
(4) A certificate of successful completion from the training source, as specified in this subchapter.
§747.1325 How many annual training clock hours may be obtained from self-instructional materials?
Subchapter D, Personnel
Division 4, Professional Development
09/01/03
(a) An assistant or substitute caregiver may obtain no more than 12 of the required 15 clock hours of annual training from self-instructional materials.
(b) The primary caregiver may obtain no more than 16 of the required 20 clock hours of annual training from self-instructional materials.
(c) We may ask to review self-instructional materials to ensure training criteria are met.
Obtaining training in a group setting provides caregivers a break from the isolation of their work and promotes networking and support. It also provides an opportunity for caregivers to share knowledge about child-care practices and to gain exposure to different views and ideas about the best practices in child care.
§747.1327 What documentation must I provide to Licensing to verify that training requirements have been met?
Subchapter D, Personnel
Division 4, Professional Development
09/01/03
(a) You must maintain original certificates documenting training in each caregiver's personnel record at your child-care home. To be counted toward compliance with the minimum standards, the trainer or training source must provide the participant with an original certificate or letter showing:
(1) The participant's name;
(2) Date of the training;
(3) Title/subject of the training;
(4) The trainer's name, or the source of the training for self-instructional training;
(5) Length of the training specified in clock hours or CEUs; and
(6) The expiration date for CPR and first-aid training, as determined by the organization providing the training.
(b) You may obtain a signed statement stating the caregiver has received the orientation or you may use original certificates, as specified in this division.
Original certificates help to verify the person who actually received the training. A permit holder has the discretion to release training records to a caregiver upon leaving their employment.
Household Members, Volunteers, and People who Offer Contracted Services
§747.1401 Must members of my household meet specific qualifications?
Subchapter D, Personnel
Division 5, Household Members, Volunteers, and People who Offer Contracted Services
09/01/03
(a) All household members who are 14 years old or older, who will regularly or frequently be present at your operation while children are in care, must meet the requirements in Subchapter F of Chapter 745 of this title (relating to Background Checks).
(b) All household members who are 14 years old or older and who are regularly or frequently present while children are in care must also:
(1) Provide a copy of a health card or physician's statement verifying they are free of active tuberculosis if required by the regional Texas Department of Health TB program or local health authority; and
(2) Complete orientation to your child-care home.
(c) Any household member who is counted in the child/caregiver ratio on more than ten separate occasions in one training year, whether paid or unpaid, must meet the minimum qualifications and training requirements for assistant caregivers specified in this subchapter.
(d) Any household member who is left in charge of the child-care home in the absence of the primary caregiver, whether paid or unpaid, must meet minimum qualifications and training requirements for substitute caregivers specified in this subchapter.
(e) A household member who is 14 years old or older, but is not regularly or frequently at the child-care home while children are in care, is not required to meet the qualifications or training requirements for caregivers specified in this subchapter, but must never be left alone with a child in care.
Training prepares caregivers routinely counted in the child/caregiver ratio with the necessary skills and knowledge to ensure the health and safety of the children in their care.
§747.1403 What must orientation to my child-care home for household members include?
Subchapter D, Personnel
Division 5, Household Members, Volunteers, and People who Offer Contracted Services
09/01/03
The orientation must include the topics specified in §747.1305 of this title (relating to What should orientation to my child-care home include?).
§747.1405 What are the minimum qualifications and training requirements for volunteers and contractors?
Subchapter D, Personnel
Division 5, Household Members, Volunteers, and People who Offer Contracted Services
09/01/03
The minimum qualifications and training requirements for volunteers and contractors are the same as those specified in this division for household members.
Volunteers and/or parents who supplement the ratios for swimming, wading and field trip activities on an incremental or irregular basis do not require training.
General Responsibilities for Caregivers and Household Members
§747.1501 What general responsibilities do caregivers have in my child-care home?
Subchapter D, Personnel
Division 6, General Responsibilities for Caregivers and Household Members
09/01/03
(a) You and all other caregivers are responsible for seeing that children are:
(1) Treated with courtesy, respect, acceptance, and patience;
(2) Recognized and respected for their uniqueness as an individual;
(3) Not abused, neglected, or exploited; and
(4) Released only to a parent or a person designated by a parent.
(b) You and all other caregivers must report suspected abuse, neglect, or exploitation to PRS or law enforcement.
(c) You and all other caregivers must also:
(1) Demonstrate competency, good judgment, and self-control in the presence of children;
(2) Know and comply with the minimum standards specified in this chapter;
(3) Know each child's name and have information showing the child's age;
(4) Supervise children at all times, adjusting appropriately for different ages and abilities of children;
(5) Ensure the children are not out of control;
(6) Be free from other duties not directly involving the teaching, care, and supervision of children, such as:
(A) Administrative and clerical duties that take the caregiver away from the children except for brief periods, such as for necessary phone calls, as long as appropriate supervision is maintained; and
(B) Janitorial duties, such as mopping, vacuuming, and cleansing bathrooms. Sweeping up after an activity or mopping up spills may be necessary for the children's safety and are not considered janitorial duties; and
(7) Interact with children in a positive manner.
§747.1503 What does Licensing mean by "supervise children at all times"?
Subchapter D, Personnel
Division 6, General Responsibilities for Caregivers and Household Members
09/01/03
Supervising children at all times means the primary caregiver or substitute caregiver and assistant caregivers are accountable for each child's care. This includes responsibility for the ongoing activity of each child, appropriate visual and/or auditory awareness, physical proximity, and knowledge of activity requirements and each child's needs. The caregiver must intervene when necessary to ensure children's safety. In deciding how closely to supervise children, the caregiver must take into account:
(1) Ages of the children;
(2) Individual differences and abilities;
(3) Layout of the home and play area; and
(4) Neighborhood circumstances, hazards, and risks.
Supervision is basic to the prevention of harm. Parents have an understanding that caregivers will supervise their children in their absence. Adults who are attentive and understand young children's behaviors are in the best position to safeguard their well-being.
A primary caregiver can also establish an understanding with parents regarding who (when the parent and when the caregiver) is responsible for the child while the parent and the child are both on the premises. These understandings could be laid out in the enrollment agreement.
Child/Caregiver Ratios and Group Sizes
Determining Child/Caregiver Ratios and Group Sizes
§747.1601 What is child/caregiver ratio?
Subchapter E, Child/Caregiver Ratios and Group Sizes
Division 1, Determining Child/Caregiver Ratios and Group Sizes
09/01/03
The child/caregiver ratio is the maximum number of children one caregiver may be responsible for.
§747.1603 How do I determine child/caregiver ratio?
Subchapter E, Child/Caregiver Ratios and Group Sizes
Division 1, Determining Child/Caregiver Ratios and Group Sizes
09/01/03
In determining child/caregiver ratio, the following apply:
(1) The total number of children you may supervise is determined by the ages of the children in the child-care home.
(2) You may use the developmental or emotional age, rather than the chronological age, of a child with special care needs, if this is recommended by a health-care professional or a qualified professional and is documented in the child's record.
(3) All children present, including children related to you, assistant and substitute caregiver's children, and drop-in and part-time children must be counted in the child/caregiver ratio, by age of the child, regardless of the length of time they are present.
(4) You must also count neighborhood children visiting your child-care home, if you are responsible for their care and supervision in the absence of the parent.
Research has shown that when caregivers have fewer children to supervise and the group size is limited it reduces the likelihood of injuries and illness in children and increases opportunities for positive interaction with children. Excessive numbers of young children may also increase the danger of high caregiver stress and loss of control.
§747.1605 May I ever care for more than 12 children in my registered or licensed child-care home?
Subchapter E, Child/Caregiver Ratios and Group Sizes
Division 1, Determining Child/Caregiver Ratios and Group Sizes
09/01/03
No. The total number of children in care must never exceed 12, and may be fewer than 12 depending on the ages of the children in the child-care home. This number includes all children present in the child-care home and any children in your care away from the child-care home, such as those on a field trip or being transported.
§747.1607 May I reduce the number of caregivers supervising children during naptime?
Subchapter E, Child/Caregiver Ratios and Group Sizes
Division 1, Determining Child/Caregiver Ratios and Group Sizes
09/01/03
No. You may not reduce the number of caregivers while children are napping.
§747.1609 May I adjust the child/caregiver ratio when I am opening and closing my child-care home?
Subchapter E, Child/Caregiver Ratios and Group Sizes
Division 1, Determining Child/Caregiver Ratios and Group Sizes
09/01/03
No. You may not reduce the number of caregivers supervising the children during opening and closing times.
Regular Ratios and Group Sizes in the Registered Child-Care Home
§747.1701 How many children may I care for in my registered child-care home?
Subchapter E, Child/Caregiver Ratios and Group Sizes
Division 2, Regular Ratios and Group Sizes in the Registered Child-Care Home
09/01/03
There must not be more children in your registered child-care home at the same time than is shown in the following chart:
Number of Children One Caregiver May Care for in a Registered Child-Care Home
Number of children birth through 17 months old
Number of children 18 months and older
Number of c