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Minimum Standard Rules for Licensed Child-Care Centers
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 day care centers, kindergarten and nursery schools, schools: grade kindergarten and above, group day care homes and drop-in child care centers into one set of standards for center-based care, which are effective September 1, 2003.
While the five types of standards have 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 providers to focus on meeting the needs of children in care.
Questions and Answers
These standards for Licensed Child-Care Centers 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 operator or governing body of the child-care center who is referred to as "you," and variations such as "I" or "my." The operator is asking the questions. PRS or Licensing is referred to as "we," and variations such as "our" or "us." PRS is responding to the operator'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 locate topics in the publication quickly. This feature is especially helpful in the electronic version of our document which can be found on our website at www.tdprs.state.tx.us/child care You may share this document with parents and others by referring them to our website or providing them with a photocopy.
Appendices
Appendices have been added to the end of the document, which provide supporting information referred to in the document 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, which exceeds the minimum standard, 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 Center
It is essential that you and your employees 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 the person you designate in charge 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 the person in charge 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 the person in charge 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.
Administration
§746.101 What is the purpose of this chapter?
Subchapter A, Purpose and Definitions09/01/03
The purpose of this chapter is to set forth the minimum standards that apply to child-care centers.
§746.103 What do certain pronouns mean as used in this chapter?
Subchapter A, Purpose and Definitions09/01/03
The following words have the following meanings when used in this chapter:
(1) I, my, you, and your - An applicant or permit holder, unless otherwise stated.
(2) We, us, our, and Licensing - The Licensing Division of the Texas Department of Protective and Regulatory Services (PRS).
§746.105 What do certain words and terms mean when used in this chapter?
Subchapter A, Purpose and Definitions09/01/03
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 center. The date of admission is the first day the child is physically present in the center.
(4) Adult - A person 18 years old and older.
(5) After-school care program - A program that provides care for school-age children during 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 center's program on any given day or at any given time, as distinct from the child's enrollment in the child-care center.
(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 center - A child-care facility that is licensed to care for seven or more children for less than 24 hours per day, at a location other than the permit holder's home, except as otherwise provided in §746.107 of this title (relating to What types of operations do these minimum standards apply to?).
(16) Child-care location - The street address of the child-care center and the lot or lots on which the building or buildings are located.
(17) Child-care program - The services and activities provided by a child-care center.
(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 center for any given period of time; the number of children enrolled in a child-care center 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 center.
(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 a classroom.
(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 center 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 center 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.
§746.107 What types of operations do these minimum standards apply to?
Subchapter A, Purpose and Definitions09/01/03
(a) The minimum standards in this chapter apply to the following types of child-care facilities:
(1) All child-care centers licensed on or after September 1, 2003, to care for seven or more children for less than 24 hours per day at a location other than the permit holder's home; and
(2) All child-care facilities licensed before September 1, 2003, as a day-care center, kindergarten and nursery school, school: grades kindergarten and above, or drop-in care center, regardless of whether the facility operates in the permit holder's home.
(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 center, subject to the minimum standards in this chapter, or as a child-care home, subject to the minimum standards in Chapter 747 of this title (relating to Minimum Standards for Child-Care Homes).
(c) To be considered as 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.
(d) On or after September 1, 2003, no child-care center will be issued a new license to care for 13 or more children for less than 24 hours per day in the permit holder's home.
§746.109 Who is responsible for complying with these minimum standards?
Subchapter A, Purpose and Definitions09/01/03
You, the permit holder, must ensure compliance with all minimum standards in this chapter at all times, with the exception of those minimum standards identified for specific types of child-care programs or activities that your child-care center does not offer. For example, if we license you to offer only toddler and pre-kindergarten care programs, you do not have to comply with minimum standards that apply only to infant care, school-age care, get-well care, or nighttime-care programs; however, you must comply with all other minimum standards.
Permit Holder Responsibilities
§746.201. What are my responsibilities as the permit holder?
Subchapter B, Administration and CommunicationDivision 1, Permit Holder Responsibilities
09/01/03
You are responsible for the following:
(1) Developing and implementing your child-care center's operational policies, which must comply with or exceed the minimum standards specified in this subchapter;
(2) Developing written personnel policies, including job descriptions, job responsibilities, and requirements; and making provisions for training;
(3) Designating a child-care center director who meets minimum standard qualifications and has daily, on-site responsibility for the operation of the child-care center;
(4) Reporting or ensuring your employees report suspected abuse, neglect, or exploitation as required by the Texas Family Code, §261.401;
(5) Ensuring parents have the opportunity to visit the child-care center any time during the child-care center's hours of operation to observe their child, the child-care center's operation, and program activities, without having to secure prior approval;
(6) Maintaining liability insurance as required by the Human Resources Code, §42.049, if we license you to care for 13 or more children; and
(7) Complying with the child-care licensing law found in Chapter 42 of the Human Resources Code, the applicable minimum standards, and other applicable rules in the Texas Administrative Code.
Children are at risk when adults responsible for them do not have clearly delineated roles and responsibilities, which can be identified in job descriptions and job responsibilities.
The director may accompany any parent who is visiting their child during the child-care center's hours of operation to and from her child's group, or may limit the amount of time a parent spends at the center, if the director believes this is necessary to protect the children in care.
Required Notifications
§746.301 What changes regarding my child-care center must I notify Licensing about before making the change?
Subchapter B, Administration and CommunicationDivision 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) Reducing the number of toilets or sinks;
(4) Adding a swimming pool or other permanent body of water;
(5) Changing the age range of children to be cared for;
(6) Changing the hours, days, or months of operation;
(7) Offering new services, relating to minimum standards found in this chapter, such as transportation or field trips;
(8) Closing temporarily; or
(9) Going out of business.
As events occur or changes are made to the center, 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.
§746.303 Must I notify Licensing of changes I make regarding the governing body or director of my child-care center?
Subchapter B, Administration and CommunicationDivision 2, Required Notifications
09/01/03
Yes. You must notify us in writing, no later than five days after a change is made, regarding:
(1) Sale or transfer of the child-care center ownership (including but not limited to incorporation of an existing operation);
(2) The governing body designee;
(3) The board chair for a corporate facility or other executive officer of the governing body;
(4) The address of the governing body or its designee; and
(5) The center director.
A license cannot be bought, sold or transferred and is only valid for the location/address noted on the license. Governing body changes affect Licensing's ability to communicate in a timely manner with those who have ultimate responsibility for the child-care center.
It is important that PRS know, in a timely manner, who has been designated as director in order to ensure that qualifications are met and the operation of a center is not at risk.
§746.305 What other situations require notification to Licensing?
Subchapter B, Administration and CommunicationDivision 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 center 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 an employee or child in your 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 Diseases);
(4) A county or district attorney accepts an indictment or information regarding an official complaint against an employee 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, which places a child at risk, such as forgetting a child in a center vehicle or on the playground or not preventing a child from wandering away from the child-care center unsupervised.
(b) You must notify us immediately if a child dies while in your care.
Examples of occurrences that may render a child-care center 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.
§746.307 What emergency or medical situations must I notify parents about?
Subchapter B, Administration and CommunicationDivision 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 center as specified 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, a caregiver forgetting a child in a center vehicle or not preventing a child from wandering away from the child-care center unsupervised; or
(4) Has been involved in any situation that renders the child-care center unsafe, such as a fire, flood, or damage to the child-care center as a result of severe weather.
(b) You must notify the parent of less serious injuries when the parent picks the child up from the child-care center. Less serious injuries include, but are not limited to, minor cuts, scratches, and bites from other children requiring first-aid treatment by employees.
(c) You must notify all parents of children in the child-care center in writing and within 48 hours of becoming aware that a child in your care or an employee has contracted a communicable disease that the law requires you to report to the Texas Department of Health as specified in 25 TAC 97, Subchapter A (relating to Control of Communicable Diseases).
(d) You must provide written notice within 48 hours to the parents of all children in a group when there is an outbreak of lice or other infestation in the group. You must either post this notice in a prominent and publicly accessible place where parents can easily view it or send an individual note to each parent.
Communication between caregivers and parents is essential to both the safe and healthy operation of the center and to the parent's ability to assess the care their children are receiving.
Required Postings
§746.401 What items must I post at my child-care center at all times?
Subchapter B, Administration and CommunicationDivision 3, Required Postings
09/01/03
You must post the following items:
(1) The child-care center's license;
(2) The letter or form from the most recent Licensing inspection or investigation;
(3) The Licensing notice Keeping Children Safe;
(4) Emergency and evacuation relocation plans;
(5) The activity plan for each group of children in the child-care center;
(6) The daily menu, including all snacks and meals served by the child-care center;
(7) Licensing Notice of Availability for Review of:
(A) The most recent fire inspection report;
(B) The most recent sanitation inspection report;
(C) The most recent gas inspection report, if applicable; and
(D) The Licensing minimum standards applicable for child-care centers;
(8) Telephone numbers specified in §746.405 of this title (relating to What telephone numbers must I post and where must I post them?); and
(9) Any other Licensing notices with specific instructions to post the notice.
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.
§746.403 When and where must these items be posted?
Subchapter B, Administration and CommunicationDivision 3, Required Postings
09/01/03
(a) Unless otherwise specified, the items specified in §746.401 of this title (relating to What items must I post at my child-care center at all times?) must be posted at all times, in a prominent and publicly accessible place where employees, parents, and others may easily view them.
(b) Emergency and evacuation relocation plans must be posted in each room used by children.
§746.405 What telephone numbers must I post and where must I post them?
Subchapter B, Administration and CommunicationDivision 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) The child-care center name, address, and telephone number.
(b) You must post the telephone numbers next to each telephone in the child-care center. If the child-care center uses cordless or cellular phones, these same numbers must be posted in a prominent place on the wall near the doorway in each room of the child-care center, or on the phone handset.
Readily available phone numbers help to ensure prompt response/action in an emergency.
Operational Policies
§746.501 Must I have written operational policies?
Subchapter B, Administration and CommunicationDivision 4, Operational Policies
09/01/03
Yes. You must develop written policies, which at a minimum address each of the following:
(1) Hours, days, and months of operation;
(2) Procedures for release of children;
(3) Illness and exclusion criteria;
(4) Procedures for dispensing medications, or a statement that medication is not given;
(5) Procedures for handling medical emergencies;
(6) Procedures for parental notifications;
(7) Discipline and guidance practices;
(8) Meals and food service practices;
(9) Immunization requirements;
(10) Tuberculin testing requirements;
(11) Hearing and vision screening requirements;
(12) Enrollment procedures, including how and when parents will be notified of policy changes;
(13) Transportation, if applicable;
(14) Water activities, if applicable;
(15) Field trips, if applicable;
(16) Animals, if applicable;
(17) The procedures for parents to review and discuss with the child-care center director any questions or concerns about the policies and procedures of the child-care center;
(18) The procedures for parents to visit the child-care center at any time during the child-care center's hours of operation to observe their child, the child-care center's operation, and program activities, without having to secure prior approval;
(19) The procedures for parents to participate in the child-care center's operation and activities;
(20) The procedures for parents to review a copy of the minimum standards and the child-care center's most recent Licensing inspection report; and
(21) Instructions on how a parent may contact the local Licensing office, PRS child abuse hotline, and PRS website.
§746.503 Must I provide parents with a copy of my operational policies?
Subchapter B, Administration and CommunicationDivision 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 on or before the date of admission. You must keep 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 center'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.
§746.505 What must I do when I change an operational policy or an item in the child-care enrollment agreement?
Subchapter B, Administration and CommunicationDivision 4, Operational Policies
09/01/03
You must notify parents in writing of any changes to your operational policies and enrollment agreement. At least one copy of the updated operational policies must be signed and dated for each family. You must keep the updated information in the child's record.
§746.507 Must I provide a copy of my operational policies to my employees?
Subchapter B, Administration and CommunicationDivision 4, Operational Policies
09/01/03
Yes. You must share a copy of your operational policies with all employees as specified in Subchapter C of this chapter (relating to Record Keeping).
Record Keeping
Records of Children
§746.601 Who has the right to access children's records?
Subchapter C, Record KeepingDivision 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 parent conference with the caregiver or child-care center director.
(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.
§746.603 What records must I have for children in my care and how long must I keep them?
Subchapter C, Record KeepingDivision 1, Records of Children
09/01/03
(a) You must maintain the following records for each child enrolled in your child-care center:
(1) Child-care enrollment agreement specified in §746.503 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;
(7) Licensing Incident/Illness Report form; and
(8) Sign-in and sign-out logs.
(b) These records must be kept at the child-care center and must be available during hours of operation 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.
§746.605 What admission information must I obtain for each child?
Subchapter C, Record KeepingDivision 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 center;
(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 that a school-age child attends, unless the after-school care is also provided at the school; 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 under 18 years old, if applicable.
§746.607 Must the child's parent sign the admission information?
Subchapter C, Record KeepingDivision 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.
§746.609 Must I update the admission information?
Subchapter C, Record KeepingDivision 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 center 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 child-care center. It also ensures that accurate information is available during an emergency so that the child's needs can be met.
§746.611 Must I have a health statement for children in my care?
Subchapter C, Record KeepingDivision 1, Records of Children
09/01/03
(a) A health statement is:
(1) A written statement, from a health-care professional who has examined the child within the past year, indicating the child is physically able to take part in the child-care 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 on file at the center, within one week after the date of admission, for each child who does not attend pre-kindergarten or school away from the child-care center.
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.
§746.613 What immunizations are children in my care required to have?
Subchapter C, Record KeepingDivision 1, Records of Children
09/01/03
(a) Each child enrolled or admitted to child-care centers 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 care from birth through 17 years of age.
(b) Except as otherwise provided in this division, all immunizations required for the child's age must be completed by the date of admission.
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.
§746.615 Are there exemptions for immunization requirements?
Subchapter C, Record KeepingDivision 1, Records of Children
09/01/03
Yes; however, exemptions for immunization requirements must meet criteria specified by the Texas Department of Health rules in 25 TAC §97.62 (relating to Exclusions from Compliance).
§746.617 Where can I find more information on immunizations?
Subchapter C, Record KeepingDivision 1, Records of Children
09/01/03
You can find more 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.
§746.619 When must I have the child's immunization record on file?
Subchapter C, Record KeepingDivision 1, Records of Children
09/01/03
(a) Except as otherwise provided in this division, you must have a copy of the child's completed immunization record by the date of admission.
(b) If you provide only an alternate-care program, you must have the immunization record for each child who has attended your child-care center five or more times within a three-month period.
§746.621 May I admit a child who is not current on immunizations?
Subchapter C, Record KeepingDivision 1, Records of Children
09/01/03
You may enroll a child provisionally and allow the child to attend 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.
§746.623 What documentation is acceptable for immunization records?
Subchapter C, Record KeepingDivision 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 on file at the child-care center may be the original record, a photocopy, or a handwritten copy that the child-care center director has signed.
§746.625 If a child's immunization record is already on file at a pre-kindergarten program or school away from the child-care center, must I also have a copy of the child's immunization record in my files?
Subchapter C, Record KeepingDivision 1, Records of Children
09/01/03
For each child attending a pre-kindergarten program or school away from the child-care center, 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.
§746.627 Must children in my care have a tuberculosis (TB) examination?
Subchapter C, Record KeepingDivision 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 child-care center, 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 manager at the TDH regional office nearest you.
§746.629 Must children in my care have vision and hearing screening?
Subchapter C, Record KeepingDivision 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 child-care center:
(1) First-time enrollees who are four years of age or 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 center 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 center. The statement must be dated and include the name, address, and telephone number of the pre-kindergarten program or school.
§746.631 Must I keep a sign-in and sign-out log for children in my care?
Subchapter C, Record KeepingDivision 1, Records of Children
09/01/03
(a) Yes. You must maintain a sign-in and sign-out log for each child coming and going from your child-care center throughout the day. This log must include the name of each child, the date, time of arrival and time of departure, and employee or parent's initials.
(b) You may keep the log at the entrance of the child-care center or in each classroom.
(c) All caregivers must have access to the sign-in and sign-out log to determine which children are in care during their work shift, changes in caregivers, and emergency evacuations.
(d) You must keep sign-in and sign-out logs for the previous three months and make them available to Licensing for review upon request.
An automated system may be used for sign-in and sign-out logs, if parents are assigned a unique password or number.
Records of Accidents and Incidents
§746.701 Must I keep a written record of accidents and incidents that occur at my child-care center?
Subchapter C, Record KeepingDivision 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 center vehicle or not preventing a child from wandering away from the child-care center unsupervised.
§746.703 Where can I get a copy of Licensing's Incident/Illness Report form?
Subchapter C, Record KeepingDivision 2, Records of Accidents and Incidents
09/01/03
You may obtain a copy of the form from Licensing staff or on the PRS website at: www.tdprs.state.tx.us/Child_Care.
§746.705 Must someone from my child-care center sign the Incident/Illness Report form?
Subchapter C, Record KeepingDivision 2, Records of Accidents and Incidents
09/01/03
Yes. The director of the child-care center or the person in charge must sign and date the completed report.
§746.707 Must I share a copy of the Incident/Illness Report form with the child's parent?
Subchapter C, Record KeepingDivision 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.
§746.709 Where must I file the Incident/Illness Report form and how long must I keep it?
Subchapter C, Record KeepingDivision 2, Records of Accidents and Incidents
09/01/03
You must keep the Incident/Illness Report form with the child's record at the child-care center 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 Center
§746.801 What records must I keep at my child-care center?
Subchapter C, Record KeepingDivision 3, Records That Must be kept on File at the Child-Care Center
09/01/03
You must maintain and make the following records available for our review upon request, during hours of operation. Paragraphs (18), (19), and (20) are optional, but if provided, allows Licensing to avoid duplicating the evaluation of standards, which have been evaluated by other state agencies 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, if applicable;
(3) Personnel and training records, unless on file at a central administrative location;
(4) Licensing Child-Care Center Director's Certificate;
(5) Attendance records for employees;
(6) Children's program activity plans for each age group;
(7) Verification of liability insurance or notice of unavailability, if applicable;
(8) Proof of request for PRS background checks;
(9) Daily menus;
(10) Medication records;
(11) Playground maintenance checklists;
(12) Pet vaccination records, if applicable;
(13) Fire safety documentation for emergency drills, fire extinguishers, and smoke detectors;
(14) Most recent Licensing inspection report, letter, or notice requiring posting;
(15) Most recent fire inspection report;
(16) Most recent sanitation inspection report;
(17) Most recent gas inspection report, if applicable;
(18) Most recent Texas Department of Health immunization compliance review form, if applicable;
(19) Most recent Texas Department of Human Services Child and Adult Care Food Program (CACFP) report, if applicable;
(20) Most recent local workforce board Child-Care Services Contractor inspection report, if applicable;
(21) Record of pest extermination, if applicable; and
(22) Written approval from the fire marshal to provide care above or below ground level, if applicable.
§746.803 How long must I keep these records at my child-care center?
Subchapter C, Record KeepingDivision 3, Records That Must be kept on File at the Child-Care Center
09/01/03
(a) You must keep records at the child-care center for at least three months from the date the record was created, unless otherwise stated in this chapter.
(b) You must keep training records for the current director and caregivers for at least the current and last full training year.
Personnel Records
§746.901 What information must I maintain in my personnel records?
Subchapter C, Record KeepingDivision 4, Personnel Records
09/01/03
You must have the following records at the child-care center and available for review during hours of operation for each employee, caregiver, substitute, and volunteer as specified in this chapter:
(1) Documentation showing the dates of the first and last day on the job;
(2) Documentation showing how the employee meets the minimum age and education qualifications, if applicable;
(3) A copy of a health card or physician's statement verifying the employee 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) A statement signed and dated by the employee showing he has received a copy of the child-care center's:
(A) Operational policies; and
(B) Personnel policies;
(7) Proof of request for PRS background checks; and
(8) A copy of a current driver's license for each person who transports a child in care.
§746.903 What additional personnel records must I maintain for my child-care center director?
Subchapter C, Record KeepingDivision 4, Personnel Records
09/01/03
In addition to the personnel records that must be maintained for all child-care center personnel, you must have the original Licensing Child-Care Center Director's Certificate for your child-care center director. If the child-care center director is also the permit holder, a statement showing the director has received a copy of the operational policies and personnel policies is not required.
§746.905 Must I maintain attendance records or time sheets on my employees?
Subchapter C, Record KeepingDivision 4, Personnel Records
09/01/03
Yes. You must maintain a record of attendance or time sheets listing all days and hours worked for each employee, caregiver, substitute, and volunteer who is regularly or frequently at the child-care center during hours of operation.
§746.907 How long and where must I keep the required personnel records?
Subchapter C, Record KeepingDivision 4, Personnel Records
09/01/03
(a) You must keep all records for at least three months after an employee's last day on the job, with the exception of annual training records.
(b) You must maintain annual training records for current personnel for the last full training year and current training year.
(c) You must keep personnel records at the child-care center or in a central administrative location provided they are immediately available for review during hours of operation.
§746.909 May Licensing access my personnel records?
Subchapter C, Record KeepingDivision 4, Personnel Records
09/01/03
Yes. Licensing staff must be given immediate access to all personnel records that document compliance with minimum standards. You must allow Licensing to photocopy these records if requested.
Personnel
Child-Care Center Director
§746.1001 Who is the child-care center director?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
The child-care center director is the adult you designate to have the daily, on-site responsibility for the operation of the child-care center, including maintaining compliance with the minimum standards and Licensing laws.
The director of a child-care center plays a crucial role in ensuring the smooth day-to-day operation of the child-care center. A director serves two important functions: To balance business concerns with what's good for children and to provide leadership and direction to the caregivers responsible for providing safe and healthy care for the children.
§746.1003 What are the director's responsibilities while at the child-care center?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
Your child-care center director must ensure:
(1) The child-care center's daily operation is administered in compliance with the minimum standards specified in this chapter;
(2) All employees comply with the minimum standards;
(3) All employees have assignments that match their skills, abilities, and training;
(4) All employees are supervised. Supervision includes, but is not limited to, knowing what the employees are doing and ensuring that they fulfill their assignments and responsibilities;
(5) Caregivers are not regularly scheduled for more than ten hours of direct child care during a 24-hour period; and
(6) Qualified substitutes are called as necessary to meet minimum standards.
Working with children is physically and emotionally demanding work requiring patience and energy. After long hours, caregivers are less likely to be understanding of children's behaviors and may be more likely to physically and verbally abuse or neglect them. A ten-hour limit on caregivers working directly with children will help prevent the problems that arise when exhausted caregivers attempt to cope with groups of children.
Employee absences cannot be predicted. Substitutes are difficult to find, especially at the last minute. A director can be prepared for these times by having substitute caregivers available to ensure minimum child/caregiver ratios and adequate supervision are maintained.
§746.1005 If I operate after-school care programs at multiple locations, must I designate a director for each child-care center?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
You must have:
(1) One child-care center director to direct five or fewer child-care centers. The director must appoint a caregiver to be in charge of each center in the director's absence who meets the qualifications in §746.1105 of this title (relating to What minimum qualifications must each of my child-care center employees meet?) and §746.1107 of this title (relating to What additional minimum qualifications must each of my caregivers meet?); or
(2) One child-care center director to direct more than five after school care programs as long as the director is able to fulfill the responsibilities of a child-care center director. The director must designate a caregiver to be in charge of each center in the director's absence that meets the director qualifications specified in §746.1017 of this title (relating to What qualifications must the director of my child-care center licensed for 12 or fewer children meet?).
§746.1007 May I be the director of my own child-care center?
Subchapter D, Personnel
Division 1, Child-Care Center Director
09/01/03
Yes. You may be both the director and permit holder of a child-care center if you meet all of the required qualifications and are able to fulfill the responsibilities of a child-care center director.
§746.1009 May I have more than one director for my child-care center?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
Yes. You may designate more than one director for your child-care center; however, each director must meet the qualifications specified in this division and receive a written job description that includes job responsibilities.
§746.1011 Must my director be at my child-care center during all hours of operation?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
(a) No; however, your director must routinely be present during hours of operation to ensure the child-care center complies with all minimum standards.
(b) If a director is designated to direct more than one child-care center, the director must ensure that each child-care center complies with the minimum standards.
The accessibility of the director is fundamental to a well-run child-care center. According to the American Academy of Pediatrics (AAP), the well-being of the children, the confidence of the parents of children in care, and the support, guidance and professional growth of the employees depends largely upon the knowledge, skills and dependable presence of a director.
§746.1013 Must someone else be designated to be in charge of my child-care center in my director's absence?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
(a) Yes. Anytime your director is away from the child-care center during hours of operation, you or your director must designate a qualified caregiver or director to be in charge of the child-care center. Designated individuals 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 direct the child-care center in compliance with minimum standards.
(b) If the director must be absent for an extended period of time for any reason, you must name someone who meets director qualifications to serve during the director's absence and you must report the name of the temporary director to Licensing.
(c) You or your director must ensure that all other employees know who is in charge in the director's absence.
§746.1015 What qualifications must the director of my child-care center licensed for 13 or more children meet?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
(a) Except as otherwise provided in this division, the director of a child-care center licensed for 13 or more children must be at least 21 years of age, have a high school diploma or its equivalent, and meet one of the following combinations of education and experience, as defined in §746.1021 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
(1) A bachelor's degree with 12 college credit hours in child development and six college credit hours in business management,
and at least one year of experience in a licensed child-care center;
(2) An associate's of applied science degree in child development or a closely related field with six college credit hours in child development and six 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 two years of experience in a licensed child-care center;
(3) Sixty college credit hours with nine college credit hours in child development and six college credit hours in business management,
and at least two years of experience in a licensed child-care center;
(4) 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;
(5) A Child Development Associate credential or Certified Child-Care Professional credential with six college credit hours in business management,
and at least two years of experience in a licensed child-care center;
(6) A day-care administrator's credential issued by a professional organization or 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
(7) Nine college credit hours in child development and nine college credit hours in business management,
and at least three years of experience in a licensed child-care center.(b) Options (5) and (6) in subsection (a) of this section require periodic renewal to remain qualified.
Knowledge of good business practices, administration, and child development are essential for managing a child-care center. A director has an obligation to be prepared to hire and maintain employees, establish and maintain communication with parents, and ensure the health, safety and well-being of the children in her care.
§746.1017 What qualifications must the director of my child-care center licensed for 12 or fewer children meet?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
(a) Except as otherwise provided in this division, the director of a child-care center licensed for 12 or fewer children must be at least 21 years old, have a high school diploma or its equivalent, and meet one of the following combinations of education and experience, as defined in §746.1021 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
(1) 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 a licensed or registered child-care home;
(2) 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 a licensed or registered child-care home;
(3) 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 a licensed or registered child-care home;
(4) 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 a licensed or registered child-care home;
(5) 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 a licensed or registered child-care home;
(6) 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 licensed or registered child-care home; or
(7) 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 a licensed or registered child-care home.(b) Options (4) and (6) in subsection (a) of this section require periodic renewal.
§746.1019 Are any directors exempt from the qualifications?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
(a) A current director who was director of a PRS licensed group day-care home before May 1, 1985, is exempt from the requirements specified in §746.1017 of this title (relating to What qualifications must the director of my child-care center licensed for 12 or fewer children meet?).
(b) A current director who was director of a PRS licensed group day-care home after May 1, 1985, and before September 1, 2003, has three years from September 1, 2003, to comply with the qualifications.
(c) A current director who was director of a PRS licensed school: grades kindergarten and above, kindergarten and nursery school, or drop-in care center is exempt from the requirements specified in §746.1015 of this title (relating to What qualifications must the director of my child-care center licensed for 13 or more children meet?).
(d) If a current director under exemption changes jobs after September 1, 2003, this person must meet director qualifications specified in this subchapter before being designated a child-care center director in a new position.
Moving to a new position requires the director have the experience, skills and knowledge needed to manage an unfamiliar child-care program.
§746.1021 What constitutes experience in a licensed child-care center, or in a licensed or registered child-care home?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
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 or nursery school, schools: 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.
§746.1023 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, PersonnelDivision 1, Child-Care Center Director
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 in grades kindergarten through third, during a customary school year;
(2) Substitute or part-time classroom teaching in a public or private accredited school 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 post-graduate study in child development, early childhood education, or a closely related field.
§746.1025 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, PersonnelDivision 1, Child-Care Center Director
09/01/03
Yes. To determine whether a person has sufficient experience to qualify as a director, 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.
§746.1027 What credit courses does Licensing recognize as child development?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
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 of children, elementary education related to kindergarten through third grade, and other similar courses may be counted, provided the course content relates to child development. Abnormal psychology and secondary education courses are not recognized as child development.
§746.1029 What credit courses does Licensing recognize as business management?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
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.
§746.1031 What are clock hours?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
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 by a child-care association.
§746.1033 Must the trainer or provider of clock hours meet specific criteria?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
We do not have specific criteria established for someone to be a trainer or provider of clock hours.
§746.1035 What are CEUs?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
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.
§746.1037 May clock hours or continuing education units (CEUs) be substituted for educational requirements in any of the options specified in this division?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
You may only substitute clock hours or CEUs for required 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/or business management.
§746.1039 What kind of documentation must I submit to Licensing to show my child-care center director is qualified and when must I submit it?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
(a) You must submit the following for each director at your child-care center:
(1) A completed Licensing Personal History Statement form specifying the education and experience of your designated director;
(2) A completed Licensing Request for Criminal History and Central Registry Check form;
(3) A notarized Licensing Affidavit for Applicants for Employment form;
(4) A completed Licensing Governing Body/Director Designation form; and
(5) An original and current Licensing Child-Care Center Director's Certificate form; or an original college transcript or original training certificates which verify the educational requirements; and complete dates, names, addresses, and telephone numbers which support the required experience.
(b) You must submit the information to us:
(1) As part of a new application for a permit; and
(2) Within ten days of designating a new director.
§746.1041 What documentation must I have to prove that the person received the clock hours or CEUs?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
You must have documentation specified in §746.1329 of this title (relating to What documentation must I provide to Licensing to verify that training requirements have been met?).
§746.1043 What documentation must I provide to Licensing to show that my director has acceptable child development and business management education?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
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.
§746.1045 Does education received outside of the United States substitute for the education requirements for a child-care director?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
Yes, however you must provide supporting information such as a copy of the diploma or transcript or letter from the school to indicate that the education is equivalent to a program in the United States. Documents written in a foreign language must be translated into English.
§746.1047 Will Licensing keep the original training certificates and college transcripts I submit to obtain a Licensing director's certificate?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
No. After we evaluate this information and issue a director's certificate, we will return the original documents to you along with the certificate or if a certificate is not issued along with the letter notifying you of the decision.
§746.1049 What happens if Licensing determines that my child-care center director does not meet minimum standard qualifications?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
We will notify you that your director is in violation of minimum standards for failure to meet child-care center director qualifications as soon as possible but no later than ten days after a determination is made. We will give you a deadline to submit additional paperwork or to designate another director and submit new paperwork.
§746.1051 Will my director receive a certificate verifying that director qualifications have been met?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
Yes. After we determine that your director meets minimum standard qualifications, we will issue a Licensing Child-Care Center Director's Certificate. The certificate verifies only that the named person meets minimum standard qualifications specified in §746.1015 of this title (relating to What qualifications must the director of my child-care center licensed for 13 or more children meet?) or §746.1017 of this title (relating to What qualifications must the director of my child-care center licensed for 12 or fewer children meet?).
§746.1053 Will the director's certificate expire?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
The director's certificate will have an expiration date, if the director was qualified under subsection (a), options (5) or (6) in §746.1015 of this title (relating to What qualifications must the director of my child-care center licensed for 13 or more children meet?) or subsection (a), options (4) or (6) in §746.1017 of this title (relating to What qualifications must the director of my child-care center licensed for 12 or fewer children meet?). Otherwise the Licensing Child-Care Center Director's Certificate will not expire.
§746.1055 How often must an expiring certificate be renewed?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
If you qualify under subsection (a), options (5) or (6) in §746.1015 of this title (relating to What qualifications must the director of my child-care center licensed for 13 or more children meet?) or subsection (a), options (4) or (6) in §746.1017 of this title (relating to What qualifications must the director of my child-care center licensed for 12 or fewer children meet?), you must maintain your credential according to the issuing organization's or educational institution'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 Center Director's Certificate.
§746.1057 What happens if I do not submit the documentation confirming the credential is current?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
We will give you a deadline to submit the required documentation or to designate another qualified director. If your director allows the certificate to expire without submitting the required documentation and no longer meets requirements for a child-care center director, you violate minimum standards.
§746.1059 If I hire someone who was qualified as a director at another licensed child-care center in Texas, must I resubmit all of the information to Licensing staff for review?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
(a) If you can provide an original and current Licensing director's certificate, you will not be required to resubmit the information establishing qualifications.
(b) If an original and current Licensing Child-Care Center Director's Certificate is not available, or Licensing cannot verify the director is qualified, you must resubmit the information to us to determine if your designated director meets minimum child-care center director qualifications.
§746.1061 Does Licensing charge a fee for issuing the director's certificate?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
No. We do not charge a fee for processing a director's certificate.
§746.1063 Can my director get a replacement Child-Care Center Director's Certificate?
Subchapter D, PersonnelDivision 1, Child-Care Center Director
09/01/03
Yes. We will issue a replacement Child-Care Center Director's Certificate, if you submit your request to us in writing, specifying:
(1) The name and address of your child-care center;
(2) The name of the director for whom the replacement certificate is needed;
(3) The date we issued the original certificate; and
(4) The reason a replacement certificate is needed.
Child-Care Center Employees and Caregivers
§746.1101 What is the difference between a child-care center employee and a child-care center caregiver?
Subchapter D, PersonnelDivision 2, Child-Care Center Employees and Caregivers
09/01/03
(a) An employee is any person employed by the child-care center, including caregivers; kitchen, office, or maintenance personnel; other child-care center personnel; and the child-care center director.
(b) A caregiver is an employee counted in the child/caregiver ratio, whose duties include direct care, supervision, guidance, and the protection of children in care.
§746.1103 Are there different personnel qualifications for employees and caregivers?
Subchapter D, PersonnelDivision 2, Child-Care Center Employees and Caregivers
09/01/03
Yes. Personnel requirements for employees apply to all employees and caregivers. Personnel requirements for caregivers apply only to those persons counted in child/caregiver ratio. The following chart outlines the personnel qualifications for employees and caregivers:
Employees not counted in child/caregiver ratio:
Caregivers counted in child/caregiver ratio:
PRS background check
PRS background check
Be free of active tuberculosis
Be free of active tuberculosis
Notarized Licensing Affidavit for Applicants for Employment form; and
Notarized Licensing Affidavit for Applicants for Employment form; and
Orientation to the child-care center
Orientation to the child-care center
18 years old or older
High school diploma or equivalent
Eight hours pre-service trainingCaregivers assigned responsibility for the care and supervision of a group of children require a different level of skill and knowledge than employees that may have contact with children, but are not responsible for their care.
§746.1105 What minimum qualifications must each of my child-care center employees meet?
Subchapter D, PersonnelDivision 2, Child-Care Center Employees and Caregivers
09/01/03
Each child-care center employee who is regularly or frequently present while children are in care must:
(1) Meet the requirements in Subchapter F of Chapter 745 of this title (relating to Background Checks);
(2) Have a current record of a tuberculosis examination, showing they are free of contagious TB, if required by the regional Texas Department of Health or local health authority;
(3) Complete a notarized Licensing Affidavit for Applicants for Employment form as specified in Human Resources Code, §42.059; and
(4) Complete orientation to your child-care center as specified in Division 4 of this subchapter (relating to Professional Development).
§746.1107 What additional minimum qualifications must each of my caregivers meet?
Subchapter D, PersonnelDivision 2, Child-Care Center Employees and Caregivers
09/01/03
Except as otherwise provided in this division, each employee counted in the child/caregiver ratio must comply with minimum standards for employees and must:
(1) Be at least 18 years of age;
(2) Have a:
(A) High school diploma; or
(B) High school equivalent; and
(3) Complete eight hours of pre-service training, as specified in Division 4 of this subchapter (relating to Professional Development) before being counted in the child/caregiver ratio.
Research clearly shows that the caregiver-child relationship is the single most important component of a child's experience in care, and that caregivers chosen for their knowledge of the developmental needs of the children in their care and for their ability to respond appropriately to these needs promotes a healthy and safe child-care environment.
§746.1109 Under what circumstances may I 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, PersonnelDivision 2, Child-Care Center Employees and 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 in charge of the child-care center or a group of children;
(2) The person works in the same room with and is supervised by a caregiver qualified under §746.1107 of this title (relating to What additional minimum qualifications must each of my caregivers meet?); 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 in charge of a group of children or the child-care center;
(2) The person works in the same room with and is supervised by a caregiver qualified under §746.1107 of this title (relating to What additional minimum qualifications must each of my caregivers meet?);
(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.
§746.1111 Does education received outside of the United States count toward caregiver qualifications?
Subchapter D, PersonnelDivision 2, Child-Care Center Employees and 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.
§746.1113 Do the caregiver qualifications specified in this division apply to a caregiver that was employed before May 1, 1985?
Subchapter D, PersonnelDivision 2, Child-Care Center Employees and Caregivers
09/01/03
A caregiver who worked in a licensed child-care center before May 1, 1985, must comply with all caregiver qualifications with the exception of the educational requirement specified in §746.1107(2) of this title (relating to What additional minimum qualifications must each of my caregivers meet?).
§746.1115 What does Licensing mean by the term "high school equivalent"?
Subchapter D, PersonnelDivision 2, Child-Care Center Employees and Caregivers
09/01/03
(a) A high school equivalent is a program recognized by the Texas Education Agency (TEA) or other public 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) You must provide original documentation to us to verify completion of any high school equivalency program.
General Responsibilities for Child-Care Center Personnel
§746.1201 What general responsibilities do my child-care center employees have?
Subchapter D, PersonnelDivision 3, General Responsibilities for Child-Care Center Personnel
09/01/03
All child-care center employees, including persons not counted in the child/caregiver ratio, must:
(1) Demonstrate competency, good judgment, and self-control in the presence of children and when performing assigned responsibilities;
(2) Relate to children with courtesy, respect, acceptance, and patience;
(3) Recognize and respect the uniqueness and potential of all children, their families, and their cultures;
(4) Not abuse, neglect, or exploit children; and
(5) Report suspected abuse, neglect, and exploitation to PRS or to law enforcement.
§746.1203 What additional responsibilities do my caregivers counted in the child/caregiver ratio have?
Subchapter D, PersonnelDivision 3, General Responsibilities for Child-Care Center Personnel
09/01/03
In addition to the responsibilities for employees specified in this division, caregivers counted in the child/caregiver ratio must:
(1) Know and comply with the minimum standards for child-care centers;
(2) Know which children they are responsible for;
(3) Know each child's name and have information showing each 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 duties not directly involving the teaching, care, and supervision of children, such as:
(A) Administrative and clerical functions that take the caregiver's attention away from the children;
(B) Meal preparation, except when 12 or fewer children are in care; and
(C) Janitorial duties, such as mopping, vacuuming, and cleaning restrooms. Sweeping up after an activity or mopping up spills may be necessary for the children's safety and are not considered janitorial duties;
(7) Interact routinely with children in a positive manner;
(8) Foster developmentally appropriate independence in children through planned but flexible program activities;
(9) Foster a cooperative rather than a competitive atmosphere;
(10) Show appreciation of children's efforts and accomplishments; and
(11) Ensure continuity of care for children by sharing with incoming caregivers information about each child's activities during the previous shift and any verbal or written instructions given by the parent.
Research has shown children's physical, social, emotional and intellectual development and safety depend on consistent, caring interaction between children and their caregivers.
§746.1205 What does Licensing mean by "supervise children at all times"?
Subchapter D, PersonnelDivision 3, General Responsibilities for Child-Care Center Personnel
09/01/03
Supervising children at all times means that the assigned caregiver is 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) Indoor and outdoor layout of the child-care center; 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 who understand young children's behaviors are in the best position to safeguard their well-being.
Child-care centers can also establish an understanding with parents regarding who (when the parent and when the center) 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.
Professional Development
§746.1301 What training must I ensure that my employees have?
Subchapter D, PersonnelDivision 4, Professional Development
09/01/03
You must make sure that each employee has the following training:
(1) Orientation to the child-care center for all employees;
(2) Eight clock hours of pre-service training, or documentation of exemption, for caregivers;
(3) 15 clock hours of annual training for caregivers;
(4) 20 clock hours of annual training for the director; and
(5) CPR and first aid as specified in this division.
Employees, such as janitors and cooks, who do not have responsibility in caring for a group of children, do not have the same training needs as a caregiver who is responsible for the care and supervision of a group of children.
§746.1303 What should orientation to my child-care center include?
Subchapter D, PersonnelDivision 4, Professional Development
09/01/03
Your orientation for employees must include at least the following:
(1) An overview of the minimum standards found in this chapter;
(2) Your center's operational 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 may include, but are not limited to, fire, explosion, tornado, toxic fumes, volatile persons, 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 new employees are specific to the individual child-care center as facilities, procedures, and children vary. Orientation, which addresses employee responsibilities, is different from training, which addresses issues general to the care of children.
§746.1305 What must be covered in the eight clock hours of pre-service training for caregivers?
Subchapter D, PersonnelDivision 4, Professional Development
09/01/03
(a) Before a caregiver can be counted in the child/caregiver ratio, the caregiver must complete eight clock hours of pre-service training that covers the following areas:
(1) Developmental stages of children;
(2) Age-appropriate activities for children;
(3) Positive guidance and discipline of children;
(4) Fostering children's self-esteem;
(5) Supervision and safety practices in the care of children;
(6) Positive interaction with children; and
(7) Preventing the spread of communicable diseases.
(b) If a caregiver provides care for children younger than 24 months of age, one hour of that caregiver's pre-service 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.
Pre-service training should be viewed as a support to the caregiver who has taken on the responsibility of caring for children for the first time and as a benefit to the children in her care. Research indicates without some basic understanding of children and how to work with them, the health, safety and well-being of the children in care are at risk.
§746.1307 Are any caregivers exempt from the pre-service training?
Subchapter D, PersonnelDivision 4, Professional Development
09/01/03
Yes. Caregivers with at least six months prior experience in a regulated child-care center or with documentation of equivalent child-care training are exempt from the pre-service training requirements.
§746.1309 How many clock hours of annual training must be obtained by caregivers?
Subchapter D, PersonnelDivision 4, Professional Development
09/01/03
(a) Each caregiver must obtain at least 15 clock hours of training each year. The 15 clock hours of annual training are exclusive of orientation, pre-service training requirements, CPR and first aid, and high school child-care work-study classes.
(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 for 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 age group the caregiver is assigned (for example, caregivers assigned to an infant or toddler group should receive training on biting and toilet training);
(10) Planning developmentally appropriate learning activities; and
(11) Minimum standards and how they apply to the caregiver.
(d) If a caregiver provides care for children younger than 24 months of age, one hour of that caregiver's 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.
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.
§746.1311 How many clock hours of training must my child-care center director obtain each year?
Subchapter D, PersonnelDivision 4, Professional Development
09/01/03
(a) The child-care center director must obtain at least 20 clock hours of training each year. The 20 clock hours of annual training are exclusive of CPR and first aid, orientation, and pre-service training requirements.
(b) At least six clock hours of the 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 director with five or fewer years of experience as a qualified director of a child-care center must also complete at least six clock hours of the annual training in management techniques, leadership, or staff supervision.
(d) A director with more than five years of experience as a qualified director of a child-care center must complete at least three clock hours of the annual training in management techniques, leadership, or staff supervision.
(e) If the center provides care for children younger than 24 months of age, one hour of the 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 the 20 clock hours of annual training must be selected from the training topics specified in §746.1309(c) of this title (relating to How many clock hours of annual training must be obtained by caregivers?).
(g) The director may obtain clock hours or CEUs from the same sources as caregivers, with the following exceptions:
(1) Training hours may not be earned for presenting training to others; and
(2) No more than ten of the required 20 clock hours of annual training may be obtained through self-instructional training.
§746.1313 When must annual training for my caregivers and director be obtained?
Subchapter D, PersonnelDivision 4, Professional Development
09/01/03
Each caregiver and director must obtain their annual training within 12 months from the date of their employment and during each subsequent 12-month period. If they obtain more than the minimum number of annual training clock hours required, they may not carry the additional clock hours over to the next year.
§746.1315 Who must have first-aid and CPR training?
Subchapter D, PersonnelDivision 4, Professional Development
09/01/03
(a) One caregiver per group of children must have current training in first aid with rescue breathing and choking. Pediatric first aid is preferred, but not required.
(b) One caregiver or employee per child-care center, and one caregiver or employee for each group of children away from the child-care center, 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 a local hospital.
(c) CPR and first-aid training must not be obtained through self-instructional training.
According to the American Academy of Pediatrics, 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.
§746.1317 Must the training for my caregivers and the director meet certain criteria?
Subchapter D, PersonnelDivision 4, Professional Development
09/01/03
(a) Training may include clock hours or CEUs obtained through:
(1) Workshops or courses offered by local school districts, colleges or universities, or Licensing;
(2) Conferences;
(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 professional consultants or by a child-care center director or caregiver that 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.
§746.1319 Does Licensing approve training resources or trainers for training hours?
Subchapter D, PersonnelDivision 4, Professional Development
09/01/03
No. We do not approve or endorse training resources or trainers for training hours. You should, however, ensure you and your employees 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 training for your employees 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 your employees will receive and to preview the materials, before entering into an agreement to purchase any training.
§746.1321 If I have a caregiver who attends college or a Child Development Associate/Certified Child-Care Professional credential program, may I count these clock hours toward the annual training requirement?
Subchapter D, PersonnelDivision 4, Professional Development
09/01/03
Yes. If the training is in a topic specified in this division and the caregiver can provide documentation of completion as specified in this division, then you may count this training toward the annual training requirement.
§746.1323 If I hire a caregiver or a director that received training at another child-care center, may these hours count towards the annual training requirement at my center?
Subchapter D, PersonnelDivision 4, Professional Development
09/01/03
If the caregiver or director is able to provide documentation of training obtained within two months before coming to work for your child-care center, this training may apply toward the annual training requirement. If you apply this training to the annual training requirement, you must adjust the annual training year due dates for this person accordingly.
§746.1325 What is self-instructional training?
Subchapter D, PersonnelDivision 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, 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 or the director.
§746.1327 How many annual training clock hours may caregivers obtain from self-instructional materials?
Subchapter D, PersonnelDivision 4, Professional Development
09/01/03
A caregiver may obtain no more than one-half of the required 15 clock hours of annual training from self-instructional materials. We may ask to review self-instructional materials to ensure self-instructional training criteria are met.
Obtaining training in a group setting provides caregivers an opportunity to interact and share knowledge about child-care practices and to gain exposure to different views and ideas about the best practices in child care.
§746.1329 What documentation must I provide to Licensing to verify that training requirements have been met?
Subchapter D, PersonnelDivision 4, Professional Development
09/01/03
(a) You must maintain original certificates documenting CPR/first-aid and annual training in each employee's personnel record at the child-care center. 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 must obtain a signed and dated statement from the employee and the person providing the orientation and pre-service training stating the employee has received the orientation and pre-service training, or you may obtain documentation as specified in subsection (a) of this section.
Original certificates help to verify the person who actually received the training. A permit holder has the discretion to release training records to an employee upon leaving their employment.
Volunteers, Substitutes, and Contractors
§746.1401 What minimum standards must substitutes comply with?
Subchapter D, PersonnelDivision 5, Volunteers, Substitutes, and Contractors
09/01/03
(a) Substitutes counted in the child/caregiver ratio, whether paid or unpaid, are considered caregivers and must comply with minimum standards that apply to employees and caregivers, except as otherwise provided in this division.
(b) Substitutes not counted in the child/caregiver ratio, whether paid or unpaid, must comply with minimum standards that apply to employees, except as otherwise provided in this division.
Substitute caregivers, counted in the child/caregiver ratio, are required to meet the same qualifications as other caregivers who have responsibility for the direct care and supervision of children in order to protect the health, safety and well-being of children in care. The risk to children from an unqualified caregiver is the same whether the caregiver is a paid substitute or a volunteer.
§746.1403 What minimum standards must volunteers or contractors such as the dance, gymnastics, computer, or music teacher, comply with?
Subchapter D, PersonnelDivision 5, Volunteers, Substitutes, and Contractors
09/01/03
(a) Volunteers and contractors, whether paid or unpaid, who are regularly or frequently present at the child-care center but not counted in the child/caregiver ratio, must comply with minimum standards that apply to employees.
(b) Volunteers and contractors, whether paid or unpaid, who are regularly or frequently present at the child-care center and counted in the child/caregiver ratio, must comply with minimum standards that apply to employees and caregivers.
(c) Volunteers and contractors that do not meet caregiver qualifications, whether paid or unpaid, must never be left alone with children.
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.
Child/Caregiver Ratios and Group Sizes
Ratios and Group Sizes at the Child-Care Center
§746.1501 What is child/caregiver ratio?
Subchapter E, Child/Caregiver Ratios and Group SizesDivision 1, Ratios and Group Sizes at the Child-Care Center
09/01/03
(a) The child/caregiver ratio is the maximum number of children one caregiver can be responsible for.
(b) Each child must have a caregiver who is responsible for the child and who is aware of details of the child's habits, interests, and any special problems.
§746.1503 What is considered a group?
Subchapter E, Child/Caregiver Ratios and Group SizesDivision 1, Ratios and Group Sizes at the Child-Care Center
09/01/03
A group of children is defined by the number of children assigned to a specific caregiver or group of caregivers, occupying an individual classroom or well-defined physical space within a larger room. Each child in any group has two things in common with every other child in his group: the same caregiver(s) responsible for the child's basic needs and the same classroom or activity space. Generally, the group stays with the assigned caregiver(s) throughout the day and may move to different areas throughout the child-care center, indoors and out. The group may not mix freely with other children, unless specific criteria are met as specified in this subchapter. The number of children who may be in a group varies according to the age of the children and the number of caregivers as specified in this subchapter.
§746.1505 May I place more than one group of children in a large room?
Subchapter E, Child/Caregiver Ratios and Group SizesDivision 1, Ratios and Group Sizes at the Child-Care Center
09/01/03
Yes. More than one group of children may occupy a room, provided the following conditions are met:
(1) The room is divided so that groups are separated. For example, a group of 25 children and another group of ten children may be cared for in the same room if the placement of shelves, accordion doors, or low movable walls divide the area so that children in one group do not freely mix with children in another group;
(2) Groups may move from one activity area to another within the room during the day, but individual children may not freely mingle between groups; and
(3) The total number of children must not routinely exceed the room capacity based on activity space.
§746.1507 How do I determine the child/caregiver ratio?
Subchapter E, Child/Caregiver Ratios and Group SizesDivision 1, Ratios and Group Sizes at the Child-Care Center
09/01/03
In determining child/caregiver ratio, the following apply:
(1) Child/caregiver ratio is based on the specified age of the children in the caregiver's group or the age of the youngest child in the group, depending on the activity and the number of children at the child-care center.
(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 other qualified professional and is documented in the child's record.
(3) You must consider the skills of the caregiver and the needs of the individual children and the group when assigning a caregiver to a group of children. For example, if a group of toddlers is experiencing biting, consider