<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 746MINIMUM STANDARDS FOR CHILD-CARE CENTERS
SUBCHAPTER BADMINISTRATION AND COMMUNICATION
DIVISION 1PERMIT HOLDER RESPONSIBILITIES
RULE §746.201What are my responsibilities as the permit holder?

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;

  (3) Making provisions for training that comply with Division 4, Subchapter D of this chapter (relating to Professional Development);

  (4) 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;

  (5) Reporting and ensuring your employees and volunteers report suspected abuse, neglect, or exploitation directly to DFPS without delegating this responsibility, as required by the Texas Family Code, §261.101;

  (6) Ensuring all information related to background checks is kept confidential, as required by the Human Resources Code, §40.005(d) and (e);

  (7) 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, program activities, the building, the grounds, and the equipment without having to secure prior approval;

  (8) Maintaining liability insurance, as required by the Human Resources Code §42.049, if we license you to care for 13 or more children;

  (9) 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;

  (10) Reporting to DFPS any Department of Justice substantiated complaints related to Title III of the Americans with Disabilities Act, which applies to commercial public accommodations; and

  (11) Ensuring the total number of children in care at the center or away from the center, such as during a field trip, never exceeds the licensed capacity of the center.


Source Note: The provisions of this §746.201 adopted to be effective September 1, 2003, 28 TexReg 1402; amended to be effective March 1, 2008, 33 TexReg 1373; amended to be effective December 1, 2010, 35 TexReg 10238; amended to be effective March 1, 2012, 37 TexReg 928; amended to be effective April 15, 2017, 42 TexReg 1575; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page