(36) Inflatable--An amusement ride or device, consisting
of air-filled structures designed for use by children, as specified
by the manufacturer, which may include bouncing, climbing, sliding,
or interactive play. They are made of flexible fabric, kept inflated
by continuous air flow by one or more blowers, and rely upon air pressure
to maintain their shape.
(37) Instructor-led training--Training characterized
by the communication and interaction that takes place between the
student and the instructor. The training must include an opportunity
for the student to interact with the instructor to obtain clarifications
and information beyond the scope of the training materials. For such
an opportunity to exist, the instructor must communicate with the
student in a timely fashion, including answering questions, providing
feedback on skills practice, providing guidance or information on
additional resources, and proactively interacting with students. Examples
of this type of training include, classroom training, web-based on-line
facilitated learning, video-conferencing, or other group learning
experiences.
(38) Janitorial duties--Those duties that involve the
cleaning and maintenance of the child-care home, building, rooms,
furniture, etc. Cleaning and maintenance include such duties as cleansing
carpets, washing cots, and sweeping, vacuuming, or mopping a restroom
or a classroom. Sweeping up after an activity or mopping up a spill
in a classroom that is immediately necessary for the children's safety
is not considered a janitorial duty.
(39) Natural environment--Settings that are natural
or typical for all children of the same age without regard to ability
or disability. For example, a natural environment for learning social
skills is a play group of peers.
(40) Permit is no longer valid--For purposes of this
chapter, a permit remains valid through the renewal process. A permit
only becomes invalid when your:
(A) Home voluntarily closes;
(B) Home must close because of an enforcement action
in Chapter 745, Subchapter L of this title (relating to Enforcement
Actions);
(C) Permit expires according to §745.481 of this
title (relating to When does my permit expire?); or
(D) Home must close because its permit is automatically
revoked according to the Human Resources Code §§42.048(e),
42.052(i), or 42.054(f).
(41) Physical activity (moderate)--Levels of activity
for a child that are at intensities faster than a slow walk, but still
allow the child to talk easily. Moderate physical activity increases
the child's heart rate and breathing rate.
(42) Physical activity (vigorous)--Rhythmic, repetitive
physical movement for a child that uses large muscle groups, causing
the child to breathe rapidly and only enabling the child to speak
in short phrases. Typically, the child's heart rate is substantially
increased, and the child is likely to be sweating while engaging in
vigorous physical activity.
(43) Pre-kindergarten age child--A child who is three
or four years of age before the beginning of the current school year.
(44) Premises--See the term "grounds" and its definition
in this section.
(45) Regular--On a recurring, scheduled basis. Note:
For the definition of "regularly or frequently present at an operation"
(child-care home) as it applies to background checks, see §745.601
of this title.
(46) Restrictive device--Equipment that places the
body of a child in a position that may restrict airflow or cause strangulation;
usually, the child is placed in a semi-seated position. Examples of
restrictive devices are car seats, swings, bouncy seats, and high
chairs.
(47) Safety belt--A lap belt and any shoulder straps
included as original equipment on or added to a vehicle.
(48) Sanitize--The use of a disinfecting product that
provides instructions specific for sanitizing and is registered by
the Environmental Protection Agency (EPA) to substantially reduce
germs on inanimate objects to levels considered safe by public health
requirements. Many bleach and hydrogen peroxide products are EPA-registered.
You must follow the product's labelling instructions for sanitizing
or disinfecting, depending on the surface (paying particular attention
to any instructions regarding contact time and toxicity on surfaces
likely to be mouthed by children, such as toys and crib rails). If
you use bleach instead of an approved disinfecting product, you must
follow these steps in order:
(A) Washing with water and soap;
(B) Rinsing with clear water;
(C) Soaking in or spraying on a bleach solution for
at least two minutes;
(D) Rinsing with cool water only those items that children
are likely to place in their mouths; and
(E) Allowing the surface or item to air-dry.
(49) School-age child--A child who is five years of
age and older and is enrolled in or has completed kindergarten.
(50) Screen time activity--An activity during which
a child views media content on a cell or mobile phone, tablet, computer,
television, video, film, or DVD. Screen time activities do not include
video chatting with a child's family or assistive and adaptive computer
technology used by a child with special care needs on a consistent
basis.
(51) Self-instructional training--Training designed
to be used by one individual working alone and at the individual's
own pace to complete lessons or modules. Lessons or modules commonly
include questions with clear right and wrong answers. An example of
this type of training is web-based training. Self-study training is
also a type of self-instructional training.
(52) Self-study training--Non-standardized training
where an individual reads written materials, watches a training video,
or listens to a recording to obtain certain knowledge that is required
for annual training. Self-study training is limited to three hours
of annual training per year.
(53) Special care needs--A child with special care
needs is a child who has:
(A) A chronic physical, developmental, behavioral,
or emotional condition or a disability 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 the
movement of large or small muscles, learning, talking, communicating,
comprehension, emotional regulation, self-help, social skills, emotional
well-being, seeing, hearing, and breathing; or
(B) A limitation due to an injury, illness or allergy.
(54) State or local fire authority--A fire official
who is authorized to conduct fire safety inspections on behalf of
the city, county, or state government, including certified fire inspectors.
Also referred to as "fire marshal" in this chapter.
(55) Toddler--A child from 18 months through 35 months.
(56) Universal precautions--An approach to infection
control where all human blood and certain human bodily fluids are
treated as if known to be infectious for HIV, HBV, and other blood-borne
pathogens.
(57) Water activities--Related to the use of swimming
pools, splashing pools, wading pools, sprinkler play, or other bodies
of water.
(58) Weather permitting--Weather conditions that do
not pose any concerns for health and safety such as significant risk
of frostbite or heat-related illness. This includes adverse weather
conditions in which children may still play safely outdoors for shorter
periods with appropriate adjustments to clothing and any necessary
access to water, shade, or shelter.
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Source Note: The provisions of this §747.123 adopted to be effective April 15, 2017, 42 TexReg 1906; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909; amended to be effective March 10, 2021, 46 TexReg 1488; amended to be effective December 21, 2022, 47 TexReg 8114; amended to be effective March 1, 2023, 48 TexReg 950 |