Licensing considers the following factors when determining
if a person, including the subject of a background check, or an operation
is an immediate threat to the health or safety of children:
(1) The severity of the deficiency, including abuse
or neglect;
(2) The circumstances surrounding the deficiency, including
abuse or neglect;
(3) The seriousness of any injuries to children;
(4) The length of time since the deficiency, including
abuse or neglect, occurred;
(5) Whether the deficiency has been repeated;
(6) The compliance history of the operation;
(7) The current regulatory status of the operation;
(8) How quickly corrections to the deficiency can be
made;
(9) If any corrections have already been made;
(10) The role of the person in the abuse or neglect;
(11) The current position, role, and responsibilities
of the person; and
(12) The degree and immediacy of the threat or danger.
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| Source Note: The provisions of this §745.751 adopted to be effective January 13, 2019, 43 TexReg 8142; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963 |
