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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 744MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS
SUBCHAPTER BADMINISTRATION AND COMMUNICATION
DIVISION 1PERMIT HOLDER RESPONSIBILITIES
RULE §744.201What are my responsibilities as the permit holder?

You are responsible for:

  (1) Developing and implementing your 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 an operation director, program director, or site director, as applicable, who meets minimum standard qualifications as specified in Subchapter D of this chapter;

  (5) Reporting and ensuring your employees and volunteers report suspected abuse, neglect, or exploitation directly to the Texas Department of Family and Protective Services and may not delegate this responsibility, as required by 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 can visit the operation any time during your hours of operation to observe their child, program activities, the building, the premises, and the equipment without having to secure prior approval;

  (8) Complying with the liability insurance requirements in this division;

  (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 Licensing 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 operation or away from the operation, such as during a field trip, never exceeds the licensed capacity of the operation.


Source Note: The provisions of this §744.201 adopted to be effective September 1, 2010, 35 TexReg 7469; amended to be effective March 1, 2012, 37 TexReg 916; amended to be effective April 15, 2017, 42 TexReg 1779; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909; amended to be effective April 25, 2021, 46 TexReg 2435

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