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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:

  (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 the Texas Department of Family and Protective Services without delegating 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 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) 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 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; amended to be effective April 25, 2021, 46 TexReg 2447

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