TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

CHAPTER 747. MINIMUM STANDARDS FOR CHILD-CARE HOMES

The Health and Human Services Commission adopts, on behalf of the Department of Family and Protective Services (DFPS), the repeal of §§747.103, 747.105, 747.107, 747.109, 747.111, 747.113, 747.209, 747.615, 747.617, 747.619, 747.621, 747.623, 747.625, 747.703, 747.907, 747.1009, 747.1123, 747.1125, 747.1127, 747.1133, 747.1135, 747.1205, 747.1215, 747.1217, 747.1219, 747.1303, 747.1323, 747.2311, 747.2701, 747.2711, 747.2715, 747.2907, 747.3205, 747.3207, 747.4107, and 747.4311; new sections §§747.111, 747.113, 747.115, 747.117, 747.121, 747.123, 747.615, 747.623, 747.1123, 747.1303, 747.2311, 747.2326, 747.3216, and 747.3406; and amendments to §§747.207, 747.301, 747.401, 747.403, 747.501, 747.503, 747.505, 747.603, 747.605, 747.613, 747.705, 747.801, 747.803, 747.909, 747.1007, 747.1107, 747.1113, 747.1129, 747.1131, 747.1137, 747.1145, 747.1147, 747.1149, 747.1153, 747.1207, 747.1209, 747.1211, 747.1305, 747.1309, 747.1311, 747.1313, 747.1314, 747.1315, 747.1317, 747.1321, 747.1401, 747.1501, 747.2103, 747.2301, 747.2305, 747.2307, 747.2309, 747.2313, 747.2315, 747.2317, 747.2319, 747.2321, 747.2323, 747.2325, 747.2327, 747.2328, 747.2331, 747.2401, 747.2405, 747.2407, 747.2507, 747.2605, 747.2607, 747.2703, 747.2705, 747.2801, 747.2803, 747.2805, 747.2807, 747.2811, 747.3003, 747.3101, 747.3109, 747.3117, 747.3203, 747.3211, 747.3215, 747.3217, 747.3301, 747.3303, 747.3307, 747.3401, 747.3403, 747.3407, 747.3411, 747.3503, 747.3505, 747.3507, 747.3601, 747.3619, 747.3701, 747.3903, 747.4011, 747.4015, 747.4113, 747.4203, 747.4301, 747.4303, 747.4305, 747.4307, 747.4309, 747.4401, 747.4407, 747.4751, 747.4803, 747.4807, 747.4809, 747.4815, 747.5013, 747.5101, 747.5103, 747.5105, 747.5107, 747.5109, 747.5115, 747.5117, 747.5401, 747.5405, 747.5407, 747.5409, 747.5411, 747.5417, 747.5419, and 747.5421 in Chapter 747, concerning Minimum Standards for Child-Care Homes.

The new sections §§747.123, 747.623, 747.2326, 747.3216, and 747.3406; and amendments to §§747.501, 747.603, 747.909, 747.1113, 747.1131, 747.1149, 747.1211, 747.1321, 747.2327, 747.2328, 747.3301, 747.3303, 747.3407, 747.3503, 747.3507, 747.5105, 747.5107, 747.5115, and 747.5417 are adopted with changes to the proposed text published in the December 23, 2016, issue of the Texas Register (41 TexReg 10096).

The repeal of §§747.103, 747.105, 747.107, 747.109, 747.111, 747.113, 747.209, 747.615, 747.617, 747.619, 747.621, 747.623, 747.625, 747.703, 747.907, 747.1009, 747.1123, 747.1125, 747.1127, 747.1133, 747.1135, 747.1205, 747.1215, 747.1217, 747.1219, 747.1303, 747.1323, 747.2311, 747.2701, 747.2711, 747.2715, 747.2907, 747.3205, 747.3207, 747.4107, and 747.4311; new sections §§747.111, 747.113, 747.115, 747.117, 747.121, 747.615, 747.1123, 747.1303, and 747.2311; and amendments to §§747.207, 747.301, 747.401, 747.403, 747.503, 747.505, 747.605, 747.613, 747.705, 747.801, 747.803, 747.1007, 747.1107, 747.1129, 747.1137, 747.1145, 747.1147, 747.1153, 747.1207, 747.1209, 747.1305, 747.1309, 747.1311, 747.1313, 747.1314, 747.1315, 747.1317, 747.1401, 747.1501, 747.2103, 747.2301, 747.2305, 747.2307, 747.2309, 747.2313, 747.2315, 747.2317, 747.2319, 747.2321, 747.2323, 747.2325, 747.2331, 747.2401, 747.2405, 747.2407, 747.2507, 747.2605, 747.2607, 747.2703, 747.2705, 747.2801, 747.2803, 747.2805, 747.2807, 747.2811, 747.3003, 747.3101, 747.3109, 747.3117, 747.3203, 747.3211, 747.3215, 747.3217, 747.3307, 747.3401, 747.3403, 747.3411, 747.3505, 747.3601, 747.3619, 747.3701, 747.3903, 747.4011, 747.4015, 747.4113, 747.4203, 747.4301, 747.4303, 747.4305, 747.4307, 747.4309, 747.4401, 747.4407, 747.4751, 747.4803, 747.4807, 747.4809, 747.4815, 747.5013, 747.5101, 747.5103, 747.5109, 747.5117, 747.5401, 747.5405, 747.5407, 747.5409, 747.5411, 747.5419, and 747.5421 are adopted without changes to the proposed text published in the December 23, 2016, issue of the Texas Register (41 TexReg 10096) and will not be republished.

BACKGROUND AND JUSTIFICATION

The justification for the repeals, new sections and amendments is to implement Texas Human Resources Code (HRC) §42.042(b), which requires Child Care Licensing (CCL) to conduct a comprehensive review of all rules and minimum standards every six years. The adopted changes are a result of the comprehensive review of all minimum standards in Chapter 747.

During this review of standards, CCL's goal was to review the concerns of child advocacy groups, child-care homes, children, and parents and to formulate standards that balance children's health and safety with affordability and availability of care.

In preparation for the review of minimum standards, CCL conducted a web-based survey open to permit holders, caregivers, advocates, parents, CCL staff, and anyone in the general public interested in commenting on the standards. The survey was available for public input from late August through December 2014. The next step in the review was to hold a series of 31 stakeholder forums throughout the state between September and November 2015 to solicit additional input from the public about proposed changes to the minimum standards.

Between the web-based survey and the stakeholder forums, CCL received more than 1,200 comments relating to Chapters 744 (Minimum Standards for School-Age and Before- or After-School Programs), 745 (Licensing), 746 (Minimum Standards for Child-Care Centers), and 747 from stakeholders for consideration in the review. These comments, along with a line-by-line review of all minimum standards conducted by both regional and State Office Licensing staff, formed the basis of the first round of recommendations that were then presented to a temporary workgroup. The temporary workgroup was comprised of approximately 15 participants, including providers from child-care centers, a provider from a school-age and before- and after-school program, a parent, representatives from Licensing, and a representative from the Texas Workforce Commission. The workgroup had an introductory meeting on March 22, 2016, and subsequently met twice on April 5, 2016 and May 16, 2016 to review and provide comments regarding the recommended changes to Chapters 747, as well as Chapters 744 and 746.

The repeals, amendments and new rules will function to (1) clarify the Minimum Standards for Child-Care Homes; (2) place DFPS in compliance with HRC §42.042(b); and (3) reduce the risk to children.

COMMENTS

The 36-day comment period ended January 28, 2017. During this period, DFPS received comments regarding eleven different rules from four commenters, including the Coalition of Nurses in Advanced Practice and Texans Care for Children.

Comment concerning §747.123(28), relating to the definition of a health-care professional: The commenter recommends that the definition of "health-care professional" for an advance practice registered nurse be consistent with newer terminology used in the Texas Nursing Practice Act and throughout the other states, and that it be clarified that this definition does not apply to nurses not licensed to practice in the United States.

Response: DFPS agrees with the commenter and adopts this paragraph with the appropriate changes.

Comment concerning §747.123(43) and (44), relating to the definitions of self-instructional training and self-study training: The commenter recommends that caregivers be allowed to obtain all annual training hours through self-instructional training and not limit self-instructional training to three hours. The commenter stated that requiring so much instructor-led training takes away from family time.

Response: DFPS adopts these two paragraphs without changes. Section 747.1305(g) and 747.1309(j) state that 80% of annual training may be obtained from self-instructional training. The definition for "self-study training", which is "non-standardized training where an individual reads written materials, watches a training video, or listens to a recording to obtain certain knowledge that is required for annual training", only limits self-study training to three hours. Other annual training can be obtained through self-instructional training, up to 80% of the annual training hours. For example, if 15 hours of annual training is required, 12 hours (80% X 15) may be obtained through self-instructional training. Of those 12 hours, only 3 hours may be obtained through self-study training.

Comment concerning §747.207, relating to the responsibilities of the primary caregiver: The commenter recommends increasing the number of children allowed in a licensed child-care home to 15 based on the home size and number of caregivers. The current limit of 12 children restricts home providers from meeting the growing need for child care in the communities. The commenter stated that in-home child care is the best care for infants and the most affordable.

Response: DFPS adopts this rule without changes. The rule the commenter cited does not relate to the number of children allowed in licensed child-care homes. There are other rules that do limit the number of children allowed in child-care homes to 12, including §745.37(2)(C)) and many rules in Subchapter E, Child-Caregiver Ratios and Group Sizes. These rules were not proposed for public comment; therefore, these comments are outside the scope of the proposed rulemaking.

Comment concerning §747.909, relating to what records must be maintained: The commenter recommending changing "health card or a physician's statement" to "health card or a health-care professional's statement" to be consistent with the changes made earlier this year to §747.1401.

Response: DFPS agrees with the commenter and adopts this rule with the appropriate changes.

Comment concerning §747.1305, relating to the topics for annual training: The commenter appears to be recommending that child health, nutrition, and physical activity should be added as a training option for the annual training requirements for caregivers.

Response: DFPS adopts this rule without changes. A caregiver in a registered child-care home must receive 15 hours of annual training per year. A caregiver in a licensed child-care home must receive 24 hours of annual training per year. §747.1305 lists the mandated topics caregivers must receive training on. A caregiver will usually need to complete additional annual training hours after completing the mandated training. §747.1305(f) requires that the remaining training hours be in certain topics, including "child health (for example, nutrition and physical activity)". This optional requirement already appears to meet the intent of the commenter's recommendation.

Comments concerning §747.2103, relating to activity plans: The commenter recommends (1) two or more structured (caregiver-led) activities that promote movement; (2) outdoor active play two or three times daily, weather permitting; (3) 60 - 120 minutes outdoor play/physical activity based on a child's age, and prorated for part-time programs; and (4) written policies to promote physical activity. The commenter stated that these recommendations are in line with evidence-based standards for early child care and are supported by the American Academy of Pediatrics.

Response: DFPS adopts this rule without changes. The current rule was written with less specificity than the center rules, because it is a home environment. In any event, the commenter's recommended changes were not proposed and published for public comment. For such changes, it would not be prudent to make the changes to the rule without first proposing the changes to allow homes and parents an opportunity to comment. Even so, DFPS will need to conduct additional research regarding these issues before such proposed changes would be contemplated.

Comments concerning §747.2105, relating to the use of media viewing (TV, computer, and video games) as activities for children: The commenter recommends (1) no media viewing during meal or snack times; and (2) no more than 30 minutes of media viewing once a week and only for educational purposes.

Response: This rule was not proposed for public comment; therefore, the comments are outside the scope of the proposed rulemaking. However, §747.2105 currently: (1) requires that media viewing must be related to planned activities. This rule would not allow children just to watch television or a movie while eating; and (2) limits media viewing to two hours per day. For such a major change (from two hours a day to 30 minutes a week), it would not be prudent to make the change to the rule without first proposing the change to allow homes and parents an opportunity to comment. Even so, DFPS will need to conduct additional research regarding these issues before such proposed changes would be contemplated. There are currently some proponents for more frequent computer usage for educational purposes and in response to caregiver directed use.

Comment concerning §747.3105, relating to a child's daily food needs: The commenter recommends that the food charts in §747.3105 be deleted and replaced with the easy to read infant and child meal patterns of the Child and Adult Care Food Program (CACFP).

Response: This rule was not proposed for public comment; therefore, the comment is outside the scope of the proposed rulemaking. Note: When DFPS began the Comprehensive Review for Chapters 744, 746, and 747, the CACFP nutrition guidelines were being updated. The updates to the CACFP guidelines have now been finalized. DFPS does plan on working with the Texas Department of Agriculture, advocates, parents, and providers to determine which nutrition rules need to be updated.

Comment concerning §747.3109, relating to parents providing meals and snacks: The commenter recommends a change to this rule for those homes that ask parents to supply a child's lunches and/or snacks. The commenter stated that given the importance of nutrition in a child's first few years and the absence of other channels for effectively communicating with parents, the state should leverage the child care provider's relationship with parents to require homes to give information to parents regarding healthy child lunches, sample menus, food allergies, and choking hazards.

Response: DFPS adopts this rule without changes. DFPS agrees that nutrition for young children is important and currently has information in the Technical Assistance Library on the DFPS website regarding age-appropriate nutrition, food allergies, and choking hazards (but not sample menus). DFPS currently encourages providers to communicate with parents about nutrition, food allergies, and choking hazards. However, in some instances parents may already be getting this information through other programs (for example, parents currently receiving benefits through the CACFP or Women, Infants, and Children (WIC)). DFPS does not believe a mandatory rule is necessary at this time. In any event, it would not be prudent to make this change to the rule without first proposing the change to allow homes and parents an opportunity to comment on the change. DFPS will add information to the current Helpful Information box immediately following the rule that is located on the DFPS public website version of the minimum standards to further encourage communication with the parents regarding nutrition, food allergies, and choking hazards.

Comment concerning §747.3407, relating to how a caregiver should respond to an illness or injury that requires the immediate attention of a health-care professional: To be consistent with other changes made to the rules, when there is an illness or injury that requires the immediate attention of a health-care professional, the commenter recommends also contacting the physician "or health-care professional" identified in the child's record, because it may not be a physician.

Response: DFPS agrees with the commenter and adopts this rule with the appropriate changes.

Comment concerning §747.3503, relating to ensuring the safety of children from other persons: The commenter is in favor of banning e-cigarettes, but is concerned that the banning of vapors will by definition also ban oil diffusers. The commenter is concerned that the cool mist that is diffused will be considered a vapor. The commenter believes that vapors from oil diffusers are therapeutic and are not harmful to children.

Response: DFPS adopts this rule with changes to make it clear that the smoking of any e-cigarette, vaporizer, or tobacco product or otherwise use of any tobacco product is not allowed at the home. This clarifies that the use of an oil diffuser would be allowable. This change also makes the rule consistent with corresponding rules in Chapters 744 and 746.

Also included below are changes to rules with no comments with an explanation of why additional clarification of the rule was needed.

There were no comments concerning §747.123, relating to definitions, with the exception of the comments above concerning §747.123(28), (43), and (44). However, DFPS is adopting this rule with changes to (1) correctly alphabetize a couple of definitions; (2) clarify the definition of "high school equivalent" in relation to the confirmation of home-schooling that adequately addressed basic competencies; (3) add a clarification that lessons or modules in "self-instructional training" commonly include questions with clear right and wrong answers; (4) make minor clarifications in the wording of the rule to improve readability and ease of understanding; (5) renumber the definitions; and (6) make the language of the definitions consistent with the definitions in Chapters 744 and 746.

No comments concerning §747.501, relating to a home's operational policies. However, DFPS is adopting this rule with changes to the policy to clarify in paragraph (8) that parents may observe the home, the premises, and equipment.

No comments concerning §747.603, relating to a child's record that must be kept. However, DFPS is adopting this rule with changes to clarify that written recommendations from a health-care professional must be kept in the child's record.

No comments concerning §747.623, relating to documentation requirements for an immunization record. However, DFPS is adopting this rule with changes to clarify the rule by including additional examples in paragraphs (2) and (3), to clarify the wording of the rule to improve readability and ease of understanding, and to make the rule consistent with corresponding rules in Chapters 744, 746, 748, and 749.

No comments concerning §747.1113, relating to what records must be kept on the permit holder. However, DFPS is adopting this rule with changes to clarify the wording of the rule to improve readability and ease of understanding and to make the rule consistent with corresponding rules in Chapters 744 and 746.

No comments concerning §747.1131, relating to additional documentation requirements to qualify as a primary caregiver. However, DFPS is adopting this rule with changes to clarify that a Child-Care Director's Certificate form or original letters of training may also be used to verify educational requirements.

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.

SUBCHAPTER A. PURPOSE AND DEFINITIONS

40 TAC §§747.103, 747.105, 747.107, 747.109, 747.111, 747.113

STATUTORY AUTHORITY

The repeals 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 repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701238

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 2. SCOPE

40 TAC §§747.111, 747.113, 747.115, 747.117

The new sections 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 new sections implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701239

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 3. DEFINITIONS

40 TAC §747.121, §747.123

The new sections 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 new sections implement HRC §42.042.

§747.123.What do certain words and terms mean when used in this chapter?

The words and terms used in this chapter have the meanings assigned to them under §745.21 of this title (relating to What do the following words and terms mean when used in this chapter?), unless another meaning is assigned in this section or another subchapter or unless the context clearly indicates otherwise. In addition, the following words and terms used in this chapter have the following meanings unless the context clearly indicates otherwise:

(1) Activity space--An area or room used for children's activities.

(2) Administrative and clerical duties--Duties that involve the operation of a child-care home, such as bookkeeping, enrolling children, answering the telephone, and collecting fees.

(3) Admission--The process of enrolling a child in a child-care home. The date of admission is the first day the child is physically present in the home.

(4) Adult--A person 18 years old and older.

(5) After-school hours--Hours before and after school, and days when school is not in session, such as school holidays, summer vacations, and teacher in-service days.

(6) Age-appropriate--Activities, equipment, materials, curriculum, and environment that are developmentally consistent with the chronological age of the child being served.

(7) Attendance--When referring to a child's attendance, the physical presence of a child at the child-care home on any given day or at any given time, as distinct from the child's enrollment in the child-care home.

(8) Bouncer seat--A stationary seat designed to provide gentle rocking or bouncing motion by an infant's movement, or by battery-operated movement. This type of equipment is designed for an infant's use from birth until the child can sit up unassisted.

(9) Caregiver--A person who is counted in the child/caregiver ratio, whose duties include the supervision, guidance, and protection of a child. As used in this chapter, a caregiver must meet the minimum education, work experience, and training qualifications required under Subchapter D of this chapter (relating to Personnel).

(10) Certified Child-Care Professional Credential--A credential given by the National Early Childhood Program Accreditation to a person working directly with children. The credential is based on assessed competency in several areas of child care and child development.

(11) Certified lifeguard--A person who has been trained in life saving and water safety by a qualified instructor, from a recognized organization which awards a certificate upon successful completion of the training. The certificate is not required to use the term "lifeguard," but you must be able to document that the certificate represents the type of training described.

(12) CEUs (continuing education units)--A standard unit of measure for adult education and training activities. One CEU equals ten clock hours of participation in an organized, continuing-education experience, under responsible, qualified direction and instruction. Although a person may obtain a CEU in many of the same settings as clock hours, the CEU provider must meet the criteria established by the International Association for Continuing Education and Training to be able to offer the CEU.

(13) Child--An infant, a toddler, a pre-kindergarten age child, or a school-age child.

(14) Child-care home--A registered or licensed child-care home, as specified in §747.113 of this title (relating to What is a registered child-care home?) or §747.115 of this title (relating to What is a licensed child-care home?). This term includes the program, home, grounds, furnishings, and equipment.

(15) Child-care program--The services and activities provided by a child-care home.

(16) Child Development Associate Credential--A credential given by the Council for Professional Recognition to a person working directly with children. The credential is based on assessed competency in several areas of child care and child development.

(17) Clock hour--An actual hour of documented:

(A) Attendance at instructor-led training, such as seminars, workshops, conferences, early childhood classes, and other planned learning opportunities, provided by an individual/s as specified in §747.1315(a) of this title (relating to Must child-care training meet certain criteria?); or

(B) Self-instructional training that was created by an individual/s, as specified in §747.1315(a) and (b), or self-study training.

(18) Corporal punishment--The infliction of physical pain on a child as a means of controlling behavior. This includes spanking, hitting, slapping, or thumping a child.

(19) Days--Calendar days, unless otherwise stated.

(20) Employee--An assistant caregiver, substitute caregiver, or any other person a child-care home employs full-time or part-time to work for wages, salary, or other compensation, including kitchen staff, office staff, maintenance staff, or anyone hired to transport a child.

(21) Enrollment--The list of names or number of children who have been admitted to attend a child-care home for any given period of time; the number of children enrolled in a child-care home may vary from the number of children in attendance on any given day.

(22) Entrap--A component or group of components on equipment that forms angles or openings may trap a child's head by being too small to allow the child's body to pass through, or large enough for the child's body to pass through but too small to allow the child's head to pass through.

(23) Field trips--Activities conducted away from the child-care home.

(24) Food service--The preparation or serving of meals or snacks.

(25) Frequent--More than two times in a 30-day period. Note: For the definition of "regularly or frequently present at an operation" (child-care home) as it applies to background checks, see §745.601 of this title (relating to What words must I know to understand this subchapter?).

(26) Garbage--Waste food or items that when deteriorating cause offensive odors and attract rodents, insects, and other pests.

(27) Group activities--Activities that allow children to interact with other children in large or small groups. Group activities include storytelling, finger plays, show and tell, organized games, and singing.

(28) Health-care professional--A licensed physician, a licensed advanced practice registered nurse (APRN), a licensed vocational nurse (LVN), a licensed registered nurse (RN), or other licensed medical personnel providing health care to the child within the scope of the license. This does not include medical doctors, nurses, or medical personnel not licensed to practice in the United States.

(29) Health check--A visual or physical assessment of a child to identify potential concerns about a child's health, including signs or symptoms of illness and injury, in response to changes in the child's behavior since the last date of attendance.

(30) High school equivalent:

(A) Documentation of a program recognized by the Texas Education Agency (TEA) or other public educational entity in another state, which offers similar training on reading, writing, and math skills taught at the high school level, such as a General Educational Development (GED) certificate; or

(B) Confirmation that the person received home-schooling that adequately addressed basic competencies such as basic reading, writing, and math skills, which would otherwise have been documented by a high school diploma.

(31) Individual activities--Opportunities for the child to work independently or to be away from the group, but supervised.

(32) Infant--A child from birth through 17 months.

(33) Inflatable--An amusement ride or device, consisting of air-filled structures designed for use by children, as specified by the manufacturer, which may include bouncing, climbing, sliding, or interactive play. They are made of flexible fabric, kept inflated by continuous air flow by one or more blowers, and rely upon air pressure to maintain their shape.

(34) Instructor-led training--Training characterized by the communication and interaction that takes place between the student and the instructor. The training must include an opportunity for the student to interact with the instructor to obtain clarifications and information beyond the scope of the training materials. For such an opportunity to exist, the instructor must communicate with the student in a timely fashion, including answering questions, providing feedback on skills practice, providing guidance or information on additional resources, and proactively interacting with students. Examples of this type of training include, classroom training, web-based on-line facilitated learning, video-conferencing, or other group learning experiences.

(35) Janitorial duties--Those duties that involve the cleaning and maintenance of the child-care home, building, rooms, furniture, etc. Cleaning and maintenance include such duties as cleansing carpets, washing cots, and sweeping, vacuuming, or mopping a restroom or a classroom. Sweeping up after an activity or mopping up a spill in a classroom that is immediately necessary for the children's safety is not considered a janitorial duty.

(36) Natural environment--Settings that are natural or normal for all children of an age group without regard to ability or disability. For example, the primary natural group setting for a toddler with a disability would be a play group or whatever setting exists for toddlers without disabilities.

(37) Permit is no longer valid--For purposes of this chapter, a permit remains valid through the renewal process. A permit only becomes invalid when your:

(A) Home voluntarily closes;

(B) Home must close because of an enforcement action in Subchapter L of Chapter 745 (relating to Enforcement Actions);

(C) Permit expires according to §745.481 of this title (relating to When does my permit expire?); or

(D) Home must close because its permit is automatically revoked according to the Human Resources Code §§42.048(e), 42.052(i), or 42.054(f).

(38) Regular--On a recurring, scheduled basis. Note: For the definition of "regularly or frequently present at an operation" (child-care home) as it applies to background checks, see §745.601 of this title (relating to What words must I know to understand this subchapter?).

(39) Restrictive device--Equipment that places the body of a child in a position that may restrict airflow or cause strangulation; usually, the child is placed in a semi-seated position. Examples of restrictive devices are car seats, swings, bouncy seats, and high chairs.

(40) Safety belt--A lap belt and any shoulder straps included as original equipment on or added to a vehicle.

(41) Sanitize--The use of a product (usually a disinfecting solution) that is registered by the Environmental Protection Agency (EPA) which substantially reduces germs on inanimate objects to levels considered safe by public health requirements. Many bleach and hydrogen peroxide products are EPA-registered. You must follow the product's labelling instructions for sanitizing (paying particular attention to any instructions regarding contact time and toxicity on surfaces likely to be mouthed by children, such as toys and crib rails). For an EPA-registered sanitizing product or disinfecting solution that does not include labelling instructions for sanitizing (a bleach product, for example), you must follow these steps in order:

(A) Washing with water and soap;

(B) Rinsing with clear water;

(C) Soaking in or spraying on a disinfecting solution for at least two minutes. Rinsing with cool water only those items that children are likely to place in their mouths; and

(D) Allowing the surface or item to air-dry.

(42) School-age child--A child who is five years of age and older, and who will attend school at or away from the child-care home beginning in August or September of that year.

(43) Self-instructional training--Training designed to be used by one individual working alone and at the individual's own pace to complete lessons or modules. Lessons or modules commonly include questions with clear right and wrong answers. An example of this type of training is web-based training. Self-study training is also a type of self-instructional training.

(44) Self-study training--Non-standardized training where an individual reads written materials, watches a training video, or listens to a recording to obtain certain knowledge that is required for annual training. Self-study training is limited to three hours of annual training per year, see §747.1305(g) and §747.1309(j) of this title (relating to What topics must annual training for caregivers include? and What topics must my annual training include?), respectively.

(45) Special care needs--A child with special care needs is a child who has a chronic physical, developmental, behavioral, or emotional condition and who also requires assistance beyond that required by a child generally to perform tasks that are within the typical chronological range of development, including the movement of large and/or small muscles, learning, talking, communicating, self-help, social skills, emotional well-being, seeing, hearing, and breathing.

(46) State or local fire marshal--A fire official designated by the city, county, or state government.

(47) Toddler--A child from 18 months through 35 months.

(48) Universal precautions--An approach to infection control where all human blood and certain human bodily fluids are treated as if known to be infectious for HIV, HBV, and other blood-borne pathogens.

(49) Water activities--Related to the use of swimming pools, splashing/wading pools, sprinkler play, or other bodies of water.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701240

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER B. ADMINISTRATION AND COMMUNICATION

DIVISION 1. PRIMARY CAREGIVER RESPONSIBILITIES

40 TAC §747.207

The amendment is 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 amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701241

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


40 TAC §747.209

The repeal is 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 repeal implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701242

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 2. REQUIRED NOTIFICATIONS

40 TAC §747.301

The amendment is 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 amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701243

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 3. REQUIRED POSTINGS

40 TAC §747.401, §747.403

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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701244

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 4. OPERATIONAL POLICIES

40 TAC §§747.501, 747.503, 747.505

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.

§747.501.What written operational policies must I have?

You must develop written operational policies and procedures that at a minimum address each of the following:

(1) Procedure for the release of children;

(2) Illness and exclusion criteria;

(3) Procedures for dispensing medication, or a statement that medication is not dispensed;

(4) Procedures for handling medical emergencies;

(5) Discipline and guidance policy that is consistent with Subchapter L of this title (relating to Discipline and Guidance). A copy of Subchapter L may be used for your discipline and guidance policy;

(6) Safe sleep for infants 12 months old or younger that is consistent with the rules in subchapter H of this chapter (relating to Basic Requirements for Infants) that relate to sleep requirements and restrictions, including sleep positioning, and crib requirements and restrictions, including mattresses, bedding, blankets, toys, and restrictive devices;

(7) Animals, if applicable;

(8) The procedures for parents to visit the child-care home any time during your hours of operation to observe their child, program activities, the home, the premises, and equipment without having to secure prior approval;

(9) The procedures for parents to review a copy of the child-care home's most recent Licensing inspection report and how the parent may access the minimum standards online;

(10) Instructions on how a parent may contact the local Licensing office, access the Texas Abuse and Neglect Hotline, and access the DFPS website;

(11) Your emergency preparedness plan;

(12) Procedures for conducting health checks, if applicable; and

(13) Vaccine-preventable diseases for employees if your licensed child-care home is not located in your own residence. The policy must address the requirements outlined in §747.3411 of this title (relating to What must a policy for protecting children from vaccine-preventable diseases include?).

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701245

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER C. RECORD KEEPING

DIVISION 1. RECORDS OF CHILDREN

40 TAC §§747.603, 747.605, 747.613, 747.615, 747.623

The amendments and new sections 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 and new sections implement HRC §42.042.

§747.603.What records must I have for the children in my care and how long must I keep them?

(a) You must maintain the following records for each child enrolled in your child-care home:

(1) Child-care enrollment agreement specified in §747.503 of this title (relating to Must I provide parents with a copy of my operational policies?);

(2) Admission information specified in §747.605 of this title (relating to What admission information must I obtain for each child?);

(3) Statement of the child's health from a health-care professional;

(4) Immunization records;

(5) Tuberculosis screening and testing information, if required by your regional Texas Department of State Health Services or local health authority;

(6) Vision and hearing screening results, if applicable;

(7) Licensing Incident/Illness Report form, if applicable;

(8) Medication administration records, if applicable; and

(9) A copy of any health-care professional recommendations or orders for providing specialized medical assistance to the child. In some instances, minimum standards allow for a deviation from a minimum standard with written documentation from a health-care professional. You must also maintain this written documentation in the child's record.

(b) These records must at a minimum be kept at the child-care home and must be available for review during operating hours, and for the following periods of time:

(1) Medication administration records for three months after administering the medication;

(2) Health-care professional recommendations or orders for three months after the health-care professional has indicated that the specialized medical assistance is no longer needed; and

(3) All other records noted above for three months after the child's last day in care.

§747.623.What documentation is acceptable for an immunization record?

Acceptable documentation includes:

(1) A signed statement from the child's parent that the child's immunization record is current and on file at the pre-kindergarten or school that the child attends. The statement must be dated and include the name, address, and telephone number of the pre-kindergarten or school listed in the statement.

(2) An official immunization record generated from a state or local health authority, including a record from another state. Examples include a record from the Texas Immunization Registry, a copy of the current immunization record that is on file at the pre-kindergarten or school that the child attends, or the health passport for a child in the conservatorship of DFPS. The record must include:

(A) The child's name and date of birth;

(B) The type of vaccine and number of doses; and

(C) The month, day, and year the child received each vaccination; or

(3) An official immunization record or photocopy. An example includes a record from a doctor's office or a pharmacy. The record must include:

(A) The child's name and date of birth;

(B) The type of vaccine and number of doses;

(C) The month, day, and year the child received each vaccination;

(D) The signature (including a rubber stamp or electronic signature) of the health-care professional who administered the vaccine, or another health-care professional's documentation of the immunization as long as the name of the health-care professional that administered the vaccine is documented; and

(E) Clinic contact information, if the immunization record is generated from an electronic health record system.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701246

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


40 TAC §§747.615, 747.617, 747.619, 747.621, 747.623, 747.625

The repeals 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 ProtectiveServices.

The repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701247

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 2. RECORDS OF ACCIDENTS AND INCIDENTS

40 TAC §747.703

The repeal is 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 repeal implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701248

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


40 TAC §747.705

The amendment is 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 amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701249

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 3. RECORDS THAT MUST BE KEPT ON FILE AT THE CHILD-CARE HOME

40 TAC §747.801, §747.803

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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701250

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 4. RECORDS ON CAREGIVERS AND HOUSEHOLD MEMBERS

40 TAC §747.907

The repeal is 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 repeal implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701251

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


40 TAC §747.909

The amendment is 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 amendment implements HRC §42.042.

§747.909.What records must I maintain on myself?

You must have the following records available for review during hours of operation:

(1) A copy of a health card or health-care professional's statement verifying you are free of contagious tuberculosis, if required by the regional Texas Department of State Health Services TB program or local health authority;

(2) A record of your training hours; and

(3) A copy of a current driver's license or other photo identification.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701252

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER D. PERSONNEL

DIVISION 1. PRIMARY CAREGIVER QUALIFICATIONS FOR A REGISTERED CHILD-CARE HOME

40 TAC §747.1007

The amendment is 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 amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701253

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


40 TAC §747.1009

The repeal is 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 repeal implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701254

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 2. PRIMARY CAREGIVER QUALIFICATIONS FOR A LICENSED CHILD-CARE HOME

40 TAC §§747.1107, 747.1113, 747.1123, 747.1129, 747.1131, 747.1137, 747.1145, 747.1147, 747.1149, 747.1153

The amendments and new section 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 and new section implement HRC §42.042.

§747.1113.What constitutes experience in a licensed child-care center, or in a licensed or registered child-care home?

(a) Only the following types of experience may be counted as experience in a licensed child-care center:

(1) Experience as a director, assistant director, or as a caregiver working directly with children in a DFPS licensed or certified child-care center (or similar type of day care center that was formerly licensed, certified, or accredited by DFPS); and

(2) Experience as a director, assistant director, or caregiver working directly with children in a licensed or certified child-care center in another state or country.

(b) Only experience working directly with children in a DFPS licensed or registered child-care home (or in a group day-care home that was formerly licensed by DFPS) as an assistant caregiver, substitute caregiver, or primary caregiver may be counted as experience in a licensed or registered child-care home.

(c) You must have obtained all work experience in a full-time capacity or its equivalent in a part-time capacity. Full-time is defined as 30 hours per week. The work experience may be paid or unpaid.

§747.1131.What additional documentation must I submit to show I am qualified to be a primary caregiver of a licensed child-care home?

(a) In addition to showing that you meet the minimum qualifications for a primary caregiver, you must submit the following to Licensing staff:

(1) A completed Licensing Personal History Statement form specifying your education and experience;

(2) An original and current Licensing Child-Care Director's Certificate form, an original college transcript, or original training certificates which verify the educational requirements. Original letters may be substituted for training certificates, provided they include the same information as specified in §747.1327 of this title (relating to What documentation must I provide to Licensing to verify that training requirements have been met?); and

(3) Complete dates, names, addresses, and telephone numbers which support the required experience.

(b) You must submit the information to us as a part of a new application for a permit.

§747.1149.What happens if my Child-Care Director's Certificate expires?

We will give you a deadline to submit the required documentation. If you allow the Child-Care Director's Certificate to expire without submitting the required documentation confirming that your credential is current, then your home will no longer meet the minimum standards related to primary caregiver qualifications.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701255

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 2. PRIMARY CAREGIVER OF A LICENSED CHILD-CARE HOME

40 TAC §§747.1123, 747.1125, 747.1127, 747.1133, 747.1135

The repeals 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 repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701256

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 3. ASSISTANT AND SUBSITUTE CAREGIVERS

40 TAC §§747.1205, 747.1215, 747.1217, 747.1219

The repeals 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 repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701257

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


40 TAC §§747.1207, 747.1209, 747.1211

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.

§747.1211.When may I employ a person under the age of 18 or a person who does not have a high school diploma or equivalent as a caregiver?

(a) You may employ a 16 or 17 year old who has a high school diploma or its equivalent as an assistant caregiver, provided that:

(1) The person is never in charge of an individual child, never has sole responsibility for a group of children, and does not act as the substitute caregiver in your absence;

(2) The person works close by and is supervised by you or a qualified caregiver; and

(3) The person has completed a child-care-related career program, which:

(A) The Texas Education Agency (including a charter school), the Texas Private School Accreditation Commission, other similar educational entity in another state, or federal agency approves; or

(B) A home-school approves, and the person completes eight hours of annual training before being placed in a room with children.

(b) You may employ a 16, 17, or 18 year old who attends high school but has not graduated as an assistant caregiver, provided that:

(1) The person is never in charge of an individual child, never has sole responsibility for a group of children, and does not act as the substitute caregiver in your absence;

(2) The person works close by and is supervised by you or a qualified caregiver;

(3) The person is currently enrolled in or has completed a child-care-related career program which:

(A) The Texas Education Agency (including a charter school), the Texas Private School Accreditation Commission, other similar educational entity in another state, or federal agency approves; or

(B) A home-school approves, and the person completes eight hours of annual training before being placed in a room with children; and

(4) The person is expected to obtain a high school diploma or equivalent.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701258

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 4. PROFESSIONAL DEVELOPMENT

40 TAC §747.1303, §747.1323

The repeals 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 repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701259

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


40 TAC §§747.1303, 747.1305, 747.1309, 747.1311, 747.1313 - 747.1315, 747.1317, 747.1321

The amendments and new section 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 and new section implement HRC §42.042.

§747.1321.If I hire a caregiver that received training at another operation, may these hours count towards the annual training requirement at my child-care home?

Training received at another operation can be applied towards the annual training requirement, if:

(1) The caregiver provides documentation of training, as specified in §747.1327 of this title (relating to What documentation must I provide to Licensing to verify that training requirements have been met?);

(2) The caregiver obtained the training from a child-care center, school-age or before or after-school program, or child-care home that we license or register; and

(3) The training was obtained within two months before coming to work for your child-care home.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701260

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 5. HOUSEHOLD MEMBERS, VOLUNTEERS, AND PEOPLE WHO OFFER CONTRACTED SERVICES

40 TAC §747.1401

The amendment is 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 amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701261

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 6. GENERAL RESPONSIBILITIES FOR CAREGIVERS AND HOUSEHOLD MEMBERS

40 TAC §747.1501

The amendment is 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 amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701262

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER F. DEVELOPMENTAL ACTIVITIES AND ACTIVITY PLAN

40 TAC §747.2103

The amendment is 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 amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701263

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER H. BASIC CARE REQUIREMENTS FOR INFANTS

40 TAC §§747.2301, 747.2305, 747.2307, 747.2309, 747.2311, 747.2313, 747.2315, 747.2317, 747.2319, 747.2321, 747.2323, 747.2325 - 747.2328, 747.2331

The amendments and new sections 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 and new sections implement HRC §42.042.

§747.2326.May I allow infants to sleep in a restrictive device?

You may not allow an infant to sleep in a restrictive device. If an infant falls asleep in a restrictive device, the infant must be removed from the device and placed in a crib as soon as possible. Infants may sleep in a restrictive device if you have a completed Sleep Exception Form that includes a signed statement from a health-care professional stating that the infant sleeping in a restrictive device is medically necessary.

§747.2327.Are infants required to sleep on their backs?

Infants not yet able to turn over on their own must be placed in a face-up sleeping position in the infant's own crib, unless you have a completed Sleep Exception Form that includes a signed statement from a health-care professional stating that a different sleeping position for the infant is medically necessary.

§747.2328.May I swaddle an infant to help the infant sleep?

You may not lay a swaddled infant down to sleep or rest on any surface at any time, unless you have a completed Sleep Exception Form that includes a signed statement from a health-care professional stating that swaddling the infant for sleeping purposes is medically necessary.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701264

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


40 TAC §747.2311

The repeal is 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 repeal implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701265

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER I. BASIC CARE REQUIREMENTS FOR TODDLERS

40 TAC §§747.2401, 747.2405, 747.2407

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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701266

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER J. BASIC CARE REQUIREMENTS FOR PRE-KINDERGARTEN AGE CHILDREN

40 TAC §747.2507

The amendment is 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 amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701267

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER K. BASIC CARE REQUIREMENTS FOR SCHOOL-AGE CHILDREN

40 TAC §747.2605, §747.2607

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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701268

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER L. DISCIPLINE

40 TAC §§747.2701, 747.2711, 747.2715

The repeals 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 repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701269

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


40 TAC §747.2703, §747.2705

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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701270

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER M. NAPTIME

40 TAC §§747.2801, 747.2803, 747.2805, 747.2807, 747.2811

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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701271

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER N. FIELD TRIPS

40 TAC §747.2907

The repeal is 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 repeal implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701272

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER P. NIGHTTIME CARE

40 TAC §747.3003

The amendment is 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 amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701273

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER Q. NUTRITION AND FOOD SERVICE

40 TAC §§747.3101, 747.3109, 747.3117

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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701274

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER R. HEALTH PRACTICES

DIVISION 1. ENVIRONMENTAL HEALTH

40 TAC §§747.3203, 747.3211, 747.3215 - 747.3217

The amendments and new section 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 and new section implement HRC §42.042.

§747.3216.May I use hand sanitizer as a substitute for washing hands?

You may use hand sanitizers as a substitute for washing hands if all of the following conditions are met:

(1) You only use hand sanitizers on children 24 months and older;

(2) You do not use hand sanitizers to wash hands that are visibly dirty or greasy or have chemicals on them, unless you are away from the activity space and soap and water are not available for hand washing;

(3) You follow the labelling instructions for the appropriate amount to be used and for how long the hand sanitizer needs to remain on the skin surface to be effective;

(4) Children have adult supervision when using hand sanitizers; and

(5) You store hand sanitizers out of the reach of children when not in use.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701275

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


40 TAC §747.3205, §747.3207

The repeals 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 repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701276

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 2. DIAPER CHANGING

40 TAC §§747.3301, 747.3303, 747.3307

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.

§747.3301.What steps must I follow for diaper changing?

Caregivers must:

(1) Promptly change soiled or wet diapers or clothing;

(2) Thoroughly cleanse the child with individual cloths or disposable towels. You must discard the disposable towels after use and launder any cloths before using them again;

(3) Ensure that the children are dry before placing a new diaper on the child. If the child must be dried, you must use a clean, individual cloth or disposable towel to dry the child. You must discard the disposable towel after use and launder any cloth before using it again;

(4) Not apply powders, creams, ointments, or lotions unless you obtain the parent's written permission. If the parent supplies these items, permission is implicit and you do not need to obtain permission for each use;

(5) Label powders, creams, ointments, or lotions with the individual child's name; and

(6) Keep all diaper changing supplies out of the reach of children.

§747.3303.What equipment must I have for diaper changing?

(a) You must have a diaper changing table or surface that is:

(1) Smooth, non-absorbent, and easy to clean; and

(2) Located so that the caregiver using the diapering surface can supervise children at all times, as specified in §747.1503 of this title (relating to What does Licensing mean by "supervise children at all times"?).

(b) You must not use areas for diaper changing that children come in close contact with during play or eating, such as dining tables, sofas, or floor play areas.

(c) If the diaper changing table or surface is above the floor level, then at all times when the child is on the table/surface:

(1) There must be a safety mechanism (such as raised sides) that is used;

(2) The caregivers hand must remain on the child; or (3) The caregiver must be facing the child and within an arm's length of the child.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701277

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 3. ILLNESS AND INJURY

40 TAC §§747.3401, 747.3403, 747.3406, 747.3407, 747.3411

The amendments and new section 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 and new section implement HRC §42.042.

§747.3406.When may a child who was ill return to my child-care home?

A child who was ill may return to your child-care home when:

(1) The child is free of symptoms of illness for 24 hours; or

(2) You have obtained a health-care professional's written statement that the child no longer has an excludable disease or condition.

§747.3407.How should I respond to an illness or injury that requires the immediate attention of a health-care professional?

For an illness or injury that requires the immediate attention of a health-care professional, you must:

(1) Contact emergency medical services (or take the child to the nearest emergency room after you have ensured the supervision of other children in the home);

(2) Give the child first-aid treatment or CPR when needed;

(3) Contact the child's parent;

(4) Contact the physician or other health-care professional identified in the child's record; and

(5) Ensure supervision of other children in the group.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701278

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER S. SAFETY PRACTICES

DIVISION 1. SAFETY PRECAUTIONS

40 TAC §§747.3503, 747.3505, 747.3507

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.

§747.3503.How can I ensure the safety of the children from other persons?

(a) People whose behavior and/or health status poses an immediate threat or danger to the health or safety of the children must not be present when children are in care.

(b) People must not consume alcohol or controlled substances without a prescription in the child-care home, during transportation, or on field trips.

(c) People must not be under the influence of or impaired by alcohol or controlled substances in the child-care home, during transportation, or on field trips.

(d) People must not smoke any e-cigarette, vaporizer, or tobacco product or otherwise use any tobacco product during operating hours in your child-care home, garage, on the playground, in transportation vehicles, or during field trips.

§747.3507.May I have toys or other types of equipment that explode or shoot things?

A child may not use any type of toy or equipment that explodes or that shoots things, such as caps, BB guns, darts, or fireworks at the child-care home or on field trips. These types of toys and equipment must remain in a locked cabinet inaccessible to children during your hours of operation.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701279

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 2. MEDICATION AND MEDICAL ASSISTANCE

40 TAC §747.3601, §747.3619

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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701280

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 3. ANIMALS AT MY CHILD-CARE HOME

40 TAC §747.3701

The amendment is 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 amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701282

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 5. RELEASE OF CHILDREN

40 TAC §747.3903

The amendment is 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 amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701284

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER T. PHYSICAL FACILITIES

DIVISION 1. INDOOR SPACE REQUIREMENTS

40 TAC §747.4011, §747.4015

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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701285

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 2. OUTDOOR SPACE REQUIREMENTS

40 TAC §747.4107

The repeal is 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 repeal implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701286

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


40 TAC §747.4113

The amendment is 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 amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701287

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 3. TOILETS AND SINKS

40 TAC §747.4203

The amendment is 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 amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701288

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 4. FURNITURE AND EQUIPMENT

40 TAC §§747.4301, 747.4303, 747.4305, 747.4307, 747.4309

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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701289

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


40 TAC §747.4311

The repeal is 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 repeal implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701290

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER U. INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT

DIVISION 1. MINIMUM SAFETY REQUIREMENTS

40 TAC §747.4401, §747.4407

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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701291

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 5. INFLATABLES

40 TAC §747.4751

The amendment is 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 amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701292

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER V. SWIMMING POOLS, WADING/SPLASHING POOLS, AND SPRINKLER PLAY

40 TAC §§747.4803, 747.4807, 747.4809, 747.4815

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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701293

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER W. FIRE SAFETY AND EMERGENCY PRACTICES

DIVISION 2. EMERGENCY PREPAREDNESS

40 TAC §747.5013

The amendment is 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 amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701294

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


DIVISION 3. FIRE EXTINGUISHING AND SMOKE DETECTION SYSTEMS

40 TAC §§747.5101, 747.5103, 747.5105, 747.5107, 747.5109, 747.5115, 747.5117

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.

§747.5105.Where must I mount fire extinguishers?

You must mount all fire extinguishers on the wall by a hanger or bracket. The top of all extinguishers must be no higher than five feet above the floor and the bottom at least four inches above the floor or any other surface. If a state or local fire marshal or the manufacturer's instructions has different mounting instructions, you must follow those instructions. All fire extinguishers must be readily available for immediate use by household members and caregivers.

§747.5107.How often must I inspect and service fire extinguishers?

(a) You must:

(1) Inspect all fire extinguishers monthly;

(2) Record the date of the inspection; and

(3) Keep this record at your child-care home.

(b) You must service fire extinguishers as needed and required by the manufacturer's instructions, or as required by the state or local fire marshal.

§747.5115.How often must the smoke detectors at my child-care home be tested?

You must:

(1) Test all smoke detectors monthly;

(2) Record the date of the test and date of the installation of new batteries; and

(3) Keep this record at your child-care home.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701295

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER X. TRANSPORTATION

40 TAC §§747.5401, 747.5405, 747.5407, 747.5409, 747.5411, 747.5417, 747.5419, 747.5421

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.

§747.5417.Must I carry specific information in the vehicles used to transport children in my care?

(a) You must have the following in each vehicle used to transport children:

(1) A list of the children being transported;

(2) Emergency medical transport and treatment authorization forms for each child being transported; and

(3) Parent's names and telephone numbers and emergency telephone numbers for each child being transported; and

(b) The driver must have a current driver's license and carry it while transporting children.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2017.

TRD-201701296

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: April 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 438-3854