Texas Administrative Code

Texas Administrative Code

TITLE 26	HEALTH AND HUMAN SERVICES
PART 1	HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 748	MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
SUBCHAPTER G	CHILD/CAREGIVER RATIOS
RULE §748.1003	For purposes of the child/caregiver ratio, how many children can a single caregiver care for during the children's waking hours?

(a) The number of children that a single caregiver may care for during waking hours depends on the ages and treatment service needs of the children in the group. A single caregiver may care for five children if at least one child in the group requires treatment services, or eight children if none of the children in the group require treatment services. Children younger than five years old count as two children.

(b) You may separate children into groups based on age and/or treatment services in order to vary the child/caregiver ratio required for each group, as long as:

(1) The groups remain easily distinguishable and separated, such as by cottage or unit; and

(2) The child/caregiver ratio is re-calculated any time groups intermingle, such as on a field trip or in the dining room.

(c) A cottage home may be out of ratio during waking hours for short periods to enable a normal home-like routine as long as the care and supervision needs of the children continue to be met. Staff or other caregivers must be on the premises and available to respond in an emergency. These additional staff or caregivers must be specifically addressed in the written professional staffing plan.

(d) A child does not count in the child/caregiver ratio while participating in an approved unsupervised childhood activity.

Source Note: The provisions of this §748.1003 adopted to be effective September 1, 2010, 35 TexReg 7497; amended to be effective January 1, 2017, 41 TexReg 10422; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909