<<Exit

Texas Register Preamble


No comments concerning §747.1149, relating to what happens when a Child-Care Director's Certificate expires. However, DFPS is adopting this rule with changes by clarifying that in some instances a director's certificate will expire if the director does not submit the required documentation confirming that the director's credential is current.

No comments concerning §747.1211, relating to when persons under 18 may be employed. However, DFPS is adopting this rule with changes to clarify the question to improve the understanding of the rule and make the wording of the rule consistent with corresponding rules in Chapters 744 and 746.

No comments concerning §747.1321, relating to a caregiver obtaining training from another operation. However, DFPS is adopting this rule with changes to reorganize the rule and clarify the wording of the rule to improve readability and ease of understanding without impacting the content of the rule.

No comments concerning §§747.2326, 747.2327, and 747.2328, relating to infants sleeping in restrictive devices, sleeping on their backs, and swaddling, respectively. However, DFPS is adopting these three rules with changes to allow an exception in all of these instances if there is a completed Sleep Exception Form that includes a signed statement from a health-care professional stating that the exception is medically necessary.

No comments concerning §747.3216, relating to the use of hand sanitizer. However, DFPS is adopting this rule with changes partially in response to a comment on a corresponding rule in Chapter 746. DFPS is clarifying that hand sanitizers may only be used when all of the conditions in the rule are met, and is reorganizing the order of the conditions to improve the understanding of the rule. DFPS is also adding a Helpful Information box immediately following the rule that is located on the DFPS public website version of the minimum standards that states hand sanitizers should be used in moderation and should not be substituted for all hand washing.

No comments concerning §747.3301, relating to the steps for diaper changing. However, DFPS is adopting this rule with minor changes to improve readability and to be consistent with similar changes made in a corresponding rule in Chapter 746.

No comments concerning §747.3303, relating to equipment for diaper changing. However, DFPS is adopting this rule with changes partially in response to a comment on a corresponding rule in Chapter 746. For diaper changing tables/surfaces above the floor, DFPS is clarifying that if the caregiver is using the option of facing the child, then the caregiver must also be within an arm's length of the child at all times.

No comments concerning §747.3406, relating to when an ill child may return to the child-care home. However, DFPS is adopting this rule with a minor change to correct a typographical error.

No comments concerning §747.3507, relating to toys that explode or shoot. However, DFPS is adopting this rule with changes to clarify the wording of the rule to improve readability and ease of understanding without changing the content, and to be consistent with corresponding rules in Chapters 744 and 746.

No comments concerning §§747.5105 and 747.5107, relating to the mounting of fire extinguishers, and the inspection and servicing of fire extinguishers, respectively. However, DFPS is adopting these two rules with changes to correct the grammar, so the answers and the questions will be consistent.

No comments concerning §747.5115, relating to how often smoke detectors must be inspected. However, DFPS is adopting this rule with a change to add "home", which was inadvertently deleted during the proposal of the rule changes.

No comments concerning §747.5417, relating to the carrying of information in transportation vehicles. However, DFPS is adopting this rule with changes to clarify that drivers must have a current driver's license and carry it while transporting children.

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.



Next Page Previous Page

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