The following words and terms, when used in this chapter, have
the following meanings unless the context clearly indicates otherwise:
(1) Abuse--As defined in the Texas Family Code, §261.001(1)
(relating to Definitions) and Texas Administrative Code, Title 40,
Chapter 707, Subchapter C, Division 5 (relating to Abuse, Neglect,
and Exploitation).
(2) Affinity--Related by marriage as set forth in Texas
Government Code, §573.024 (relating to Determination of Affinity).
(3) Business entity--May be an association, corporation,
nonprofit association, nonprofit corporation, nonprofit association
with religious affiliation, nonprofit corporation with religious affiliation,
or limited liability company.
(4) Capacity--The maximum number of children that a
permit holder may care for at one time.
(5) Caregiver--A person who is counted in the child
to caregiver ratio, whose duties include the supervision, guidance,
and protection of a child.
(6) Child--A person under 18 years old.
(7) Child-care facility--An establishment subject to
regulation by Licensing that provides assessment, care, training,
education, custody, treatment, or supervision for a child who is not
related by blood, marriage, or adoption to the owner or operator of
the facility, for all or part of the 24-hour day, whether or not the
establishment operates for profit or charges for its services. A child-care
facility includes the people, administration, governing body, activities
on or off the premises, operations, buildings, grounds, equipment,
furnishings, and materials. A child-care facility does not include
child-placing agencies, listed family homes, employer-based child
care operations, or shelter care operations.
(8) Child day care--As defined in §745.33 of this
chapter (relating to What is child day care?).
(9) Child-placing agency (CPA)--A person, including
a sole proprietor, partnership, or business or governmental entity,
other than the parents of a child, who plans for the placement of
or places a child in a child care operation or adoptive home.
(10) Children related to the caregiver--Children who
are the children, grandchildren, siblings, great-grandchildren, first
cousins, nieces, or nephews of the caregiver, whether by affinity
or consanguinity or as the result of a relationship created by court
decree.
(11) Consanguinity--Two individuals are related to
each other by consanguinity if one is a descendant of the other; or
they share a common ancestor. An adopted child is related by consanguinity
for this purpose. Consanguinity is defined in Texas Government Code, §573.022
(relating to Determination of Consanguinity).
(12) Contiguous operations--Two or more operations
that touch at a point on a common border are located in the same building.
(13) Controlling person--As defined in §745.901
of this chapter (relating to Who is a controlling person at a child-care
operation?).
(14) Deficiency--Any failure to comply with a minimum
standard, rule, statute, specific term of your permit, or condition
of your probation.
(15) Designated perpetrator--As defined in §745.731
of this chapter (relating to What are designated perpetrators and
sustained perpetrators of child abuse or neglect?).
(16) Designee--The person named on the application
as the designated representative of the operation who is officially
authorized by the owner to speak for and act on the operations' behalf.
(17) Employee--Any person employed by or that contracts
with the permit holder, including caregivers, drivers, kitchen personnel,
maintenance and administrative personnel, and the center or program
director.
(18) Endanger--To expose a child to a situation where
physical or mental injury to a child is likely to occur.
(19) Exploitation--As defined in Texas Family Code, §261.001(3)
and Texas Administrative Code, Title 40, Chapter 707, Subchapter C,
Division 5.
(20) Finding--The conclusion of a Licensing investigation
or inspection indicating compliance or deficiency with one or more
minimum standards, rules, or statutes.
(21) Full license--The type of full permit that is
issued to an operation that requires a license. See also §745.341
of this chapter (relating to What type of permit does Licensing issue?)
and §745.343 of this chapter (relating to What is the difference
between an initial license and a full license?).
(22) Full permit--A full permit includes a listing,
registration, compliance certificate, or a full license. See also §745.341
and §745.343 of this chapter.
(23) Governing body--A group of persons or officers
of a business or governmental entity that has ultimate control over
the entity.
(24) Governmental entity--A political subdivision or
state agency of Texas.
(25) Household member--An individual, other than the
caregivers, who resides in an operation.
(26) Initial license--A time-limited license that we
issue to certain applicants for a full license in situations described
in §745.345 of this chapter (relating to When does Licensing
issue an initial license?).
(27) Licensed administrator--As defined in §745.8905
of this chapter (relating to What is a licensed administrator?).
(28) Minimum standards-- Minimum requirements for permit
holders that are enforced by Licensing to protect the health, safety,
and well-being of children. The minimum standards consist of the rules
contained in:
(A) Chapter 742 of this title (relating to Minimum
Standards for Listed Family Homes;
(B) Chapter 743 of this title (relating to Minimum
Standards for Shelter Care);
(C) Chapter 744 of this title (relating to Minimum
Standards for School-Age and Before or After-School Programs);
(D) Chapter 746 of this title (relating to Minimum
Standards for Child-Care Centers);
(E) Chapter 747 of this title (relating to Minimum
Standards for Child-Care Homes);
(F) Chapter 748 of this title (relating to Minimum
Standards for General Residential Operations);
(G) Chapter 749 of this title (relating to Minimum
Standards for Child-Placing Agencies);
(H) Chapter 750 of this title (relating to Minimum
Standards for Independent Foster Homes); and
(I) Subchapter D, Division 11 of this chapter (relating
to Employer-Based Child Care).
(29) Neglect--As defined in the Texas Family Code, §261.001(4)
and Texas Administrative Code, Title 40, Chapter 707, Subchapter C,
Division 5.
(30) Operation (also known as a child care operation)--A
sole proprietor, partnership, or business or governmental entity offering
a program that is subject to Licensing's regulation, including day-care
operations and residential child care operations. An operation includes
the building and grounds where the program is offered, any person
involved in providing the program, and any equipment used in providing
the program. An operation includes a child-care facility, child-placing
agency, listed family home, employer-based child care operation, shelter
care operation, or any operation that requires a permit under Chapter
42, Texas Human Resources Code.
(31) Owner--The sole proprietor, partnership, or business
or governmental entity that owns an operation that is subject to regulation
by Licensing.
(32) Parent--A person who has legal responsibility
for or legal custody of a child, including the managing conservator
or legal guardian.
(33) Permit--A license, certification, registration,
listing, compliance certificate, or any other written authorization
granted by Licensing to operate a child care operation. This also
includes an administrator's license.
(34) Permit holder--The owner of the operation that
is granted the permit.
(35) Pre-kindergarten age child--A child who is three
or four years of age before the beginning of the current school year.
(36) Program--Activities and services provided by an
operation.
(37) Regulation--Includes the following:
(A) The development of rules, including minimum standards,
as provided by statutory authority; and
(B) The enforcement of requirements that are minimum
standards, rules, statutes, or any condition or restriction we have
placed on a permit. Anyone providing or seeking to provide care or
a service that is subject to regulation must comply with the applicable
requirements. This includes a permit holder, an applicant for a permit,
and anyone providing care or a service without the appropriate permit.
(38) Report--A communication to Licensing or the Department
of Family and Protective Services (DFPS), including the Statewide
Intake division of DFPS, of:
(A) An allegation of a deficiency in a minimum standard,
rule, or statute; or
(B) Any other possible risk to a child in the care
of an operation that is subject to regulation by Licensing.
(39) Residential child care--As defined in §745.35
of this chapter (relating to What is residential child care?).
(40) School-age child--A child who is five years of
age or older and is enrolled in or has completed kindergarten.
(41) State Office of Administrative Hearings (SOAH)--See §745.8831
of this chapter (relating to What is a due process hearing?).
(42) Sustained perpetrator--See §745.731 of this
chapter (relating to Who are designated perpetrators and sustained
perpetrators of child abuse or neglect?).
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| Source Note: The provisions of this §745.21 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 16, 2003, 28 TexReg 7999; amended to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367; amended to be effective March 1, 2012, 37 TexReg 921; amended to be effective December 1, 2012, 37 TexReg 9127; amended to be effective March 1, 2014, 38 TexReg 8249; amended to be effective March 1, 2016, 41 TexReg 1123; amended to be effective December 1, 2017, 41 TexReg 6082; transferred effective July 15, 2019, aspublished in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963; amended to be effective April 25, 2021, 46 TexReg 2437 |
