TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

CHAPTER 700. CHILD PROTECTIVE SERVICES

SUBCHAPTER E. INTAKE, INVESTIGATION, AND ASSESSMENT

DIVISION 1. INVESTIGATIONS

40 TAC §700.516

The Texas Health and Human Services Commission, on behalf of the Department of Family and Protective Services (DFPS), proposes to amend §700.516 in Title 40, Texas Administrative Code (TAC), Chapter 700, Subchapter E, relating to Child Protective Services Intake, Investigation, and Assessment.

BACKGROUND AND PURPOSE

The purpose of the amendment is to clarify that if a designated perpetrator submits a written request for an administrative review of investigation findings (ARIF), the individual must respond to attempts made by a DFPS' resolution specialist to schedule the review. If the resolution specialist is unable to make contact with the individual and the individual does not respond to the attempts to make contact within 30 days of the initial contact attempt, DFPS will not proceed with the review and the individual waives his or her right to an ARIF. However, if the individual subsequently contacts DFPS after the specified timeframe, the resolution specialist may reschedule the review if the resolutions specialist determines good reason existed for exceeding the timeframe. Currently, if a designated perpetrator submits a written request for an ARIF but fails to respond to attempts by the resolution specialist to schedule the ARIF, the case may either remain open indefinitely or the resolution specialist proceeds with the ARIF without input from the designated perpetrator. This proposed update will ensure that ARIFs are not conducted without any input from the designated perpetrator if the resolution specialist is unable to make contact and will also ensure that the ARIF does not remain open indefinitely. Further, by permitting the resolution specialist to reschedule an ARIF if the designated perpetrator subsequently contacts DFPS and provides good reason for failing to respond to the resolution specialist's attempts to schedule the initial ARIF, the rule effectively balances the due process rights of the designated perpetrator with the statutory requirements to conduct an ARIF within 45 days of the request.

In addition, the edits update the procedure for conducting an ARIF as well as the procedure and timeframes that apply when an ARIF is postponed due to a court case or ongoing criminal investigation to ensure consistency with current policy and procedure. Finally, the edits clarify that DFPS only reviews and issues a written decision on findings pertaining to the requestor and does not alter dispositions of "Ruled Out" and "Unable to Determine."

SECTION-BY-SECTION SUMMARY

The amendments to §700.516 are as follows: (1) specifies that if a requestor does not respond to DFPS's attempts to schedule an ARIF within 30 days of the initial contact attempt, DFPS will not proceed with the review and the requestor waives his or her right to an ARIF unless the requestor subsequently contacts DFPS and provides good reason for exceeding the timeframe; (2) clarifies that the requestor has the right to bring a legal representative and a support person to the review but the support person may not participate in the review; (3) clarifies that if the designated perpetrator is a minor, a parent or guardian may speak on his or her behalf at the review; (4) clarifies that the review does not include formal witness testimony and any witnesses for the requestor must submit statements in writing; (5) specifies that DFPS only reviews and issues a written decision on findings pertaining to the requestor and does not alter dispositions of "Ruled Out" and "Unable to Determine;" (6) clarifies that if an ARIF is postponed due to a court case or ongoing criminal investigation, the resolution specialist will notify the requestor in writing within 45 days of receipt of the request with either the specific length of time of the delay or with a request to notify TDFPS when the case or criminal investigation is completed at which time the resolution specialist will review ARIF eligibility; and (7) changes "reviewer" to "resolution specialist" and "TDPRS" to "TDFPS" to reflect current terminology.

FISCAL NOTE

Lisa Subia, Chief Financial Officer of DFPS, has determined that for the first five-year period the proposed amendment will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amendment.

SMALL BUSINESS AND MICRO-BUSINESS IMPACT ANALYSIS

There will be no effect on small or micro-businesses because the proposed changes do not impose new requirements on any business and do not require the purchase of any new equipment or any increased staff time in order to comply. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

PUBLIC BENEFIT AND COST

Ms. Subia also has determined that for each year of the first five years the amendment is in effect the public benefit anticipated is that the public will gain a better understanding and be on notice of the required timeframes for scheduling an ARIF and making contact with the resolution specialist as well as the applicable procedures for conducting an ARIF.

TAKINGS IMPACT ASSESSMENT

Ms. Subia has determined that the proposed amendment does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, do not constitute a taking under §2007.043, Government Code.

PUBLIC COMMENT

Questions about the content of the proposal may be directed to Elena Perez at, (512) 929-6434 in DFPS's Child Protective Services Investigations Division. Electronic comments may be submitted to Elena.Perez@dfps.state.tx.us. Written comments on the proposal may be submitted to Texas Register Liaison, Legal Services-563, Department of Family and Protective Services E-611, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register.

STATUTORY AUTHORITY

The amendment is proposed 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 Texas Family Code §261.309.

§700.516.Administrative Review of Investigation Findings.

(a) - (c) (No change.)

(d) Except as provided in subsection (f) [(e)] of this section, Department of Family and Protective Services (DFPS) [TDPRS] must within 45 days after the date on which a request for an ARIF is received:

(1) - (2) (No change.)

(e) After a designated perpetrator submits a written request for an ARIF, a resolution specialist will contact the requestor to schedule the review. If the resolution specialist is unable to make contact with the requestor and the requestor does not respond to the attempts to make contact within 30 days of the initial attempt, DFPS will not proceed with the review and the requestor waives his or her right to an ARIF. If the requestor subsequently contacts DFPS after the above-specified timeframe, the resolution specialist may reschedule the review if the resolution specialist determines good reason existed for exceeding the timeframe.

(f) [(e)] DFPS [TDPRS ] may postpone [the conduct of] an ARIF when there is a pending civil or criminal suit or an ongoing criminal investigation relating to the same acts or omissions involved in DFPS's [TDPRS's] finding of abuse or neglect. If DFPS decides to postpone the ARIF, the resolution specialist will notify the requester in writing within 45 days after the request for an ARIF was received. The notification will indicate the length of time of the delay or specify that the requester may notify DFPS when the court case has been completed or the criminal investigation has been closed, as appropriate. The resolution specialist will review the requester's eligibility for an ARIF after the delay. If the requester is determined eligible for an ARIF, it [An ARIF that is postponed for this reason] must be conducted within 45 days from notification of the completion of the suit or criminal investigation that caused the postponement.

(g) [(f)] The ARIF is conducted by a DFPS [TDPRS] employee (the "resolution specialist [reviewer]") who was not involved in the investigation and did not directly supervise the investigation. The ARIF is an informal review in which the participants [requestor, investigation worker, and investigation supervisor] may appear, make statements, provide relevant written materials, and ask questions. The requestor has the right to bring a legal representative and a support person to the review. The support person may not participate in the review. If the designated perpetrator is a minor, the parent or guardian may also speak on the minor's behalf during the review. Any witnesses for the requestor must submit their statements in writing to the resolution specialist. [be represented by another individual] [Other interested individuals may participate or provide information at the sole discretion of the reviewer]

(h) [(g)] The resolution specialist [reviewer] may review the investigation case record, ask questions, and gather other relevant information. The formal rules of evidence do not apply and the review does not include formal witness testimony. The resolution specialist [reviewer] may consider all allegations relating to the investigation, including allegations that were "reason-to-believe," "unable-to-determine," or "ruled-out" at the conclusion of the investigation, and the evidence gathered during the investigation and the ARIF process. The resolution specialist [reviewer] must confirm that decisions of "reason-to-believe" are supported by a preponderance of the evidence.

(i) [(h)] After completing the ARIF, the resolution specialist [reviewer] must timely issue a written decision that upholds, reverses, or alters the original investigation findings. The resolution specialist only reviews and issues a written decision on findings pertaining to the requestor. An original finding of "reason-to-believe" for abuse or neglect may be upheld, or may be reversed to a finding of either "unable-to-determine" or "ruled-out." A finding may be altered with respect to the type of abuse or neglect found to have occurred. For example, an original finding of "reason-to-believe" for "physical abuse" of a child may be altered to a finding of "reason-to-believe" for "neglectful supervision" of the child. [A "reason-to-believe" finding may be altered as to the type of abuse or neglect even when the original finding with respect to that same type of abuse or neglect had been "ruled-out" or "unable-to-determine."]

(j) [(i)] If the resolution specialist's [reviewer's] decision reverses or alters any of the original investigation findings, DFPS [TDPRS] must change its records regarding the outcome of the investigation to reflect the resolution specialist's [reviewer's] decision.

(k) [(j)] Notwithstanding anything in this section, if an individual is entitled to an administrative hearing before the State Office of Administrative Hearings (SOAH), DFPS [TDPRS] may, at its sole discretion, waive the conduct of an ARIF and proceed directly to the SOAH hearing.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 9, 2016.

TRD-201606415

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

For further information, please call: (512) 929-6434


CHAPTER 747. MINIMUM STANDARDS FOR CHILD-CARE HOMES

The Health and Human Services Commission proposes, 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.

BACKGROUND AND PURPOSE

The Child Care Licensing (CCL) Division proposes to amend 40 TAC, Chapter 747, Minimum Standards for Child-Care Homes. Texas Human Resources Code (HRC) §42.042(b) requires CCL to conduct a comprehensive review of all rules and minimum standards every six years. The proposed changes are a result of the comprehensive review of all minimum standards located 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.

In response to the comments received, DFPS is recommending amending/repealing/adding over 165 minimum standards in Chapter 747. In addition to responding to comments, three other primary goals of this comprehensive review were to: (1) make the language of the rules consistent throughout this chapter and consistent with the language of sister rules in Chapters 744 and 746, as much as possible; (2) delete minimum standards or portions of minimum standards that are duplicative or redundant or not necessary; and (3) combine minimum standards when appropriate. The last two goals resulted in the net deletion of approximately 25 minimum standards. Below is a broad overview of some of the different areas and types of changes that DFPS is recommending:

(1) Repealing, adding, moving, and modifying definitions. One example is the repeal of §747.3205 and §747.3207 which defined "sanitizing" and "disinfecting solution" and combining, modifying, and updating these definitions into one definition for "sanitize" and adding it to the new §747.123(41);

(2) Reorganizing Subchapter A by creating three new Divisions: Purpose, Scope, and Definitions. The focus of the reorganization is to provide better clarity and continuity;

(3) Updating or deleting outdated rules or language in the rules, including: (a) Deleting outdated grandfather clauses (§§747.4015, 747.4107, and 747.4311) and outdated wording ("coin operated pay phone" at §747.4307); (b) Updating the immunization minimum standards to be consistent with the current Department of State Health Services rules (§§747.613, 747.615, 747.617, 747.619, 747.621 and 747.623); and (c) Deleting the use of rectal thermometers and allowing the use of tympanic (ear) thermometers (§747.3401);

(4) Clarifying confusing concepts by: (a) Modifying the rules regarding the safety requirements for cribs, including adding a new rule specifying the safety requirements for "play yards" - which includes mesh cribs (§747.2309 and §747.2311); (b) Adding a new rule that a sick child may return to care when the child is free of symptoms for 24 hours or there is a written doctor's statement that the child no longer has an excludable condition (§747.3406); and (c) Deleting the term "critical illness/injury" and replacing it with the actual meaning - an illness or injury that requires the immediate attention of a health-care professional (§747.3407);

(5) Strengthening the minimum standards when it is necessary for the safety of children, for example: (a) Adding required operational policies for safe sleep for infants 12 months and younger (§747.501); (b) Not allowing infants to sleep in restrictive devices (§747.2326); and (c) Banning the use of e-cigarettes and any type of vapors (§747.3503); and

(6) Allowing more discretion by providers while still ensuring the safety of children, for example: (A) Allowing first aid (but not CPR) to be obtained through self-instructional training (§747.1313); (B) Only requiring cribs for non-walking infants less than 12 months of age (§747.2305); and (C) Further allowing the use of hand sanitizers (§747.3216).

None of the changes are anticipated to be controversial or high-profile. However, with the high number of rule changes noted in this agenda item, there may be comments that are not anticipated. CCL will respond to the comments accordingly.

The recommended changes to Chapter 747 (and the recommended changes to Chapters 744 and 746) were 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. Several child-care home providers were invited to the workgroup, but none of those providers were able to attend these meetings.

SECTION-BY-SECTION SUMMARY

Subchapter A is being renamed "Purpose, Scope, and Definitions" for clarity and better continuity.

New Division 1 is being added for clarity and better continuity. The only rule in this Division is current §747.101.

Section 747.103 is being repealed and the content, regarding pronouns, is being incorporated verbatim into new §747.121.

Section 747.105 is being repealed and the content, regarding definitions, is being incorporated into new §747.123. Many substantive changes are being made to the content, including the deletion, addition, and modification of definitions.

Section 747.107 is being repealed and the content, regarding the types of operations the minimum standards in this chapter apply to, is being incorporated into new §747.111. However: (1) the family home language is being deleted, because these homes are now all registered; and (2) the exception information regarding licensed child-care homes that don't have to be in the primary caregiver's own address is being deleted, because this exception is being incorporated into new §747.115(b).

Section 747.109 is being repealed and the content, regarding registered child-care homes, is being incorporated verbatim into new §747.113.

Section 747.111 is being repealed and the content, regarding licensed child-care homes, is being incorporated verbatim into new §747.115.

Section 747.113 is being repealed and the content, regarding who must comply with the minimum standards in this chapter, is being incorporated with non-substantive changes into new §747.117.

New Division 2, Scope, is being added for clarity and better continuity.

New §747.111 includes portions of the content from §747.107, which is being deleted, and adds language to clarify that the minimum standards in this chapter also apply to any unlicensed child-care home that requires a registration or a license per Human Resources Code (HRC), Chapter 42, because the home is providing child-care services.

New §747.113 includes the content regarding a registered child-care home from: (1) §747.109, which is being deleted; and (2) a portion of the definition of child-care home to clarify that a registered child-care home includes the program, building, grounds, furnishings, and equipment.

New §747.115 includes the content regarding a licensed child-care home from: (1) §747.111, which is being deleted; and (2) a portion of the definition of child-care home to clarify that a licensed child-care home includes the program, building, grounds, furnishings, and equipment.

New §747.117 includes the modified content from §747.113, which is being deleted, with an addition that the home's owner, other person overseeing the home, or controlling person who has the ability to influence or direct the home's management, expenditures, or policies must ensure compliance with the minimum standards in this chapter.

New Division 3, Definitions, is being added for clarity and better continuity.

New §747.121 includes the content regarding the meaning of pronouns from §747.103, which is being deleted.

New §747.123 includes the following addition of new terms and modifications, movement to other rules, and deletion of terms currently in §747.105, which is being deleted: (1) the definitions to several terms are being modified, including "caregiver" (this definition has been substantively changed), "Certified Child-Care Professional Credential", "Child Development Associate Credential", "inflatable", "instructor-led training", "janitorial duties", "self-instructional training", "special care needs", and "water activities"; (2) several terms from §747.105 are not being incorporated into new §747.123 because the content of the terms are being incorporated into the only rule where the term is used in this chapter, including "baby doorway (bungee) jumpers", "baby walkers", "caregiver-initiated activities", "child-initiated activities", and "single-use area"; (3) several terms are being deleted because these words are not used in this chapter, are already defined in some other section, or are not needed, including "alternate care program", "child-care location", "child passenger safety-seat system", "creative activities", "critical illness", "pre-service training", and "state or local sanitation official"; (4) several terms are being deleted from other rules and are being incorporated into this definition rule, including "CEUs", "clock hours"(with modifications), "high-school equivalent" (with modifications, including the addition of a home-school that adequately addresses basic competencies), "instructor-led training", "sanitize" (with substantive changes), and "self-instructional training"; and (5) new terms are being added, including "child", "employee", "restrictive device", and "self-study training".

The amendment to §747.207: (1) clarifies that the primary caregiver is responsible for ensuring that the number of children in care never exceeds the capacity of the home as specified on the license or registration, even when the children are away from the home (e.g. field trip). This is currently required at §747.1605; and (2) updates the language for clarity, including deleting and moving a paragraph.

Section 747.209 is being repealed and the content, that a child-care home does not have to have liability insurance, is being added to a Helpful Information box located on the DFPS public website version of the minimum standards immediately following §747.207.

The amendment to §747.301: (1) adds the content of the "child-care location" definition, which is being deleted; and (2) requires Licensing to be notified before a home offers nighttime care services.

The amendment to §747.401: (1) replaces the term "item" with "record" to clarify that the documents posted are child-care records that must be maintained according to §747.803; (2) deletes the cite to another chapter regarding the definition of "employee", because "employee" is being defined in §747.123 of this chapter; and (3) clarifies that household members that prepare or serve food must also be aware of each child's food allergies.

The amendment to §747.403: (1) deletes the requirement to post the address of the nearest Licensing office, because the workers are now mobile workers and not at a particular office; (2) deletes subsection (b) because the content regarding where to post the phone numbers is outdated, and clarifies in subsection (a) that phone numbers should be posted in a prominent place; and (3) clarifies the wording of the rule for accuracy.

The amendment to §747.501: (1) clarifies that the discipline and guidance policy must be consistent with Subchapter L, or Subchapter L may be used as the discipline and guidance policy. This change is being incorporated from §747.2711, which is being deleted; (2) adds a requirement for a new operational policy for the safe sleep of infants 12 months old and younger, including that the policy must be consistent with rules in Subchapter H that relate to sleep requirements and restrictions for infants; (3) clarifies that a home must show the parents how to access the minimum standards, but they do not have to provide the parents with a copy; and (4) clarifies the wording of the rule for better readability and ease of understanding.

The amendment to §747.503 clarifies the language of the rule, including that a parent's signature for the enrollment agreement and the operational policies may be a signature on one document or several documents.

The amendment to §747.505 clarifies: (1) that caregivers must be notified of any changes to the operational policies and the enrollment agreement; (2) that household members must be notified of any changes to the discipline and guidance policy (this came from §747.2715, which is being deleted); and (3) the language of the rule for better readability and ease of understanding.

The amendment to §747.603 clarifies several paragraphs by stating: (1) admission information is that information required in §747.605; (2) TB screening is only needed if required by DSHS or a local health authority; and (3) documentation from a health-care professional that allows for a deviation from a minimum standard must be maintained in the child's record.

The amendment to §747.605 clarifies that permission for transportation includes authorization for pick-up and drop-off locations. This change is being incorporated from a vague version of this requirement, which is being deleted from §747.5401.

The amendment to §747.613 clarifies: (1) that current immunization records must be maintained, including records of any exemptions or exceptions; and (2) the situations where immunizations are not required by the date of admission, including exemptions, exceptions, and provisional enrollment for up to 30 days for homeless children or children in foster care.

Section 747.615 is being repealed and new §747.615 incorporates the language from the repealed rule and explains in greater detail the immunization exemptions and exceptions that are allowed by the DSHS rules.

Section 747.617 is being repealed and the content, regarding where to find more information on immunizations, is being added to and expounded upon in a Helpful Information box located on the DFPS public website version of the minimum standards immediately following §747.613.

Section 747.619 is being repealed and the content, regarding the completion of immunizations by the date of admission, is being incorporated into §747.613(c).

Section 747.621 is being repealed and the content, regarding provisional admittance, is being incorporated into §747.613(c)(2).

Section 747.623 is being repealed and new §747.623: (1) incorporates the counted from this rule; (2) reorganizes the structure of the rule to be more consistent with its sister rules in Chapters 744 and 746; (3) adds the language that a parent may sign a statement documenting that a child's immunization record is on file at a pre-kindergarten program or school that the child attends from §747.625, which is being deleted; (4) clarifies the documentation requirements that are acceptable for an immunization record, including: (a) what is acceptable as a signature for a health-care professional; and (b) the signature of the health-care professional is not required for an official immunization record generated from a state or local health authority or a school.

Section 747.625 is being repealed and the content, regarding a parent documenting that a child's immunization record is on file at a pre-kindergarten program or school that the child attends, is being incorporated into §747.623(a).

Section 747.703 is being repealed and the content, regarding where to find a copy of Licensing's Incident/Illness Report form, is being added to a Helpful Information box located on the DFPS public website version of the minimum standards immediately following §747.701.

The amendment to §747.705 clarifies the wording of the rule for better readability and ease of understanding.

The amendment to §747.801 corrects some cites and deletes two paragraphs regarding what records must be kept at the home, including the paragraphs regarding: (1) proof of background checks, because it is already required to be in a caregiver's personnel record at §747.901(6); and (2) the most recent Licensing inspection report because the report is already required to be posted at §747.401(2).

The amendment to §747.803 clarifies that a posted record must be kept for at least three months from the date the record was created.

Section 747.907 is being repealed and the content, regarding where to find a copy of Licensing's Affidavit for Applicants for Employment form, is being added to a Helpful Information box located on the DFPS public website version of the minimum standards immediately following §747.901.

The amendment to §747.909 deletes the requirement to maintain an Affidavit for Applicants for Employment for a permit holder (who is also the primary caregiver), because this form is only required for applicants for employment, not a permit holder.

The amendment to §747.1007 clarifies the qualifications of a primary caregiver of a registered child-care home by: (1) adding the background check requirement; and (2) updating the language regarding a TB examination.

Section 747.1009 is being repealed because the content, regarding a grandfather clause exempting a primary caregiver of a registered child-care home from the qualifications for orientation and a high school diploma, is outdated and orientation is not required for a primary caregiver.

The amendment to §747.1107 clarifies the qualifications of a primary caregiver of a licensed child-care home by: (1) adding the background check requirement; (2) updating the language regarding a TB examination; (3) changing the "business management credit hours" to "management credit hours", which is more consistent with descriptions of current college courses; and (4) deleting subsection (b) and adding its content regarding the education options that need periodic renewal to a Helpful Information box located on the DFPS public website version of the minimum standards immediately following this rule.

The amendment to §747.1113 substantially modifies the wording of the rule regarding what constitutes experience for better readability and ease of understanding, without changing the substance of the rule.

Section 747.1123 is being repealed and the content, regarding "clock hours," is being incorporated into the definitions rule at §747.123 with some modifications for clarity and accuracy.

New §747.1123, regarding the documentation requirements for child development and management education qualifications: (1) incorporates §747.1133, which is being deleted; (2) reorganizes the placement of the rule for a better flow of the rules; and (3) clarifies the wording for better readability and ease of understanding.

Section 747.1125 is being repealed because the content is not accurate, since §747.1315 does provide criteria for trainers.

Section 747.1127 is being repealed and the content, regarding "CEUs," is being incorporated into the definitions rule at §747.123.

The amendment to §747.1129 incorporates the content regarding the documentation of clock hours and CEUs from §747.1135, which is being deleted; and clarifies the wording of the question and the answer for better readability and ease of understanding.

The amendment to §747.1131 clarifies that a primary caregiver must meet the qualifications noted in this rule in addition to the primary caregiver qualifications.

Section 747.1133 is being repealed and the content, regarding the documentation requirements for the child development and management education qualifications, is being incorporated into new §747.1123.

Section 747.1135 is being repealed and the content, regarding the documentation of clock hours and CEUs, is being incorporated into §747.1129(c).

The amendment to §747.1137, regarding education received outside of the U.S., makes the rule more consistent with the wording of §747.1213.

The amendments to §747.1145 and §747.1147 update cite references.

The amendment to §747.1149 clarifies when a credential expires.

The amendment to §747.1153 clarifies the wording and organization of the rule for better readability and ease of understanding.

Section 747.1205 is being repealed and the content, regarding the different qualifications for assistant and substitute caregivers, is being added with non-substantive modifications to a Helpful Information box located on the DFPS public website version of the minimum standards immediately following §747.1209.

The amendment to §747.1207, regarding the minimum qualifications of an assistant caregiver: (1) deletes the phrase "counted in the child-caregiver ratio" after assistant caregiver, because by definition an assistant caregiver is counted in the child-caregiver ratio; and (2) updates the language of the TB examination qualification to be consistent with the rest of this chapter and Chapters 744 and 746.

The amendment to §747.1209, regarding the minimum qualifications of a substitute caregiver, updates the language of the question and the answer to be more consistent with the wording of §747.1207 and for better readability and ease of understanding.

The amendment to §747.1211, regarding employing a person under the age of 18 with or without a high school diploma, clarifies: (1) that the person must never have sole responsibility for a group of children; (2) that child-care-related career programs may also be approved by: (a) charter schools; (b) the Texas Private School Accreditation Commission; or (c) a home-school, if the person completes eight hours of annual training before being placed in a room with children; and (3) the language of the rule for better readability and ease of understanding.

Section 747.1215 is being repealed because the content, regarding a grandfather clause that exempts an assistant caregiver from qualifications, is outdated and no longer necessary.

Section 747.1217 is being repealed because the content, regarding a grandfather clause that exempts a substitute caregiver from qualifications, is outdated and no longer necessary.

Section 747.1219 is being repealed and the content, regarding "high school equivalent," is being incorporated into the definitions rule at §747.123 with some modifications for clarity and accuracy.

Section 747.1303 is being repealed and the content, regarding the training caregivers need, is being incorporated into this new rule that includes a table and modified wording for better readability and ease of understanding.

The amendment to §747.1305 clarifies that while 80% of the annual training hours for caregivers may come from self-instructional training, no more than three of those self-instructional hours may come from self-study training.

The amendment to §747.1309 clarifies that while 80% of the annual training hours for a primary caregiver may come self-instructional training, no more than three of those self-instructional hours may come from self-study training.

The amendment to §747.1311 is being clarified for better readability and ease of understanding; and the last sentence in subsection (a) is being deleted because it is redundant with subsection (c).

The amendment to §747.1313 clarifies that first aid training can now be obtained through self-instructional training.

The amendment to §747.1314 clarifies that the training for transportation applies to a caregiver, which is also consistent with the answer.

The amendment to §747.1315 regarding criteria for training: (1) updates the title of the training registry; (2) changes the term "director" to "primary caregiver"; (3) clarifies the language of the rule for better readability and ease of understanding; (4) clarifies that a Child Development Associate credential must be current; (4) deletes subsection (c) because this information is already noted in §747.1313(d); and (5) clarifies that new subsection (c) applies to both instructor-led and self-instructional training (as stated in §747.1323(c), which is being deleted), but does not apply to self-study training.

The amendment to §747.1317 clarifies the language of the rule for better readability and ease of understanding; and clarifies that while Licensing does not approve training resources, training must comply with the: (1) criteria specified in §747.1315; (2) required training topics; and (3) documentation requirements.

The amendment to §747.1321: (1) updates the wording for better readability and ease of understanding, and to be consistent with the wording in the sister rules in Chapters 744 and 746; and (2) simplifies and streamlines the requirement for counting training received by caregivers from another day-care operation by deleting the requirement to adjust the annual training year for those caregivers.

Section 747.1323 is being repealed and the content, regarding the definitions for "self-instructional training" and "instructor-led training", is being incorporated into the definitions rule at §747.123 with some modifications for clarity and accuracy; and the content for subsection (c) is being incorporated into §747.1315(c).

The amendment to §747.1401, regarding qualifications for household members: (1) updates the language of the TB examination qualification to be consistent with the rest of this chapter and Chapters 744 and 746; (2) clarifies the background check requirements; and (3) clarifies that household members that are not regularly or frequently present at the home must not be left alone with a child unless the household member meets the caregiver qualifications requirements in this chapter.

The amendment to §747.1501, regarding the responsibilities of caregivers, clarifies the wording for better readability, including: (1) correcting a typographical error, (2) deleting a redundancy; and (3) deleting and moving the adjectives regarding "janitorial duties" to the definition of the term at §747.123.

The amendment to §747.2103, regarding what must be included in an activity plan, include: (1) incorporates the definitions for the following terms that are being deleted from the definitions rule: (a) "creative activities"; (b) "child-initiated activities"; and (c) "caregiver-initiated activities"; and (2) adds a cite to a subchapter for clarification.

The amendment to §747.2301 clarifies the rule by replacing the term "child/ren" with "infant/s".

The amendment to §747.2305 clarifies that cribs are to sleep in and are only required for non-walking infants younger than 12 months of age; and replaces the term "children" with "infants".

The amendment to §747.2307 rewrites the rule to clarify that if a manufacturer requires safety straps on equipment, then the safety straps must be fastened whenever a child is using the equipment.

The amendment to §747.2309, regarding safety requirements for cribs: (1) incorporates information regarding "port-a-cribs" (which are "non-full-size" cribs as defined by CPSC) from §747.2311, which is being deleted, by clarifying that this rule applies to all full-size and non-full-size cribs; (2) requires that only mattresses designed specifically for use with a crib model number may be used; and (3) replaces the term "child" with "infant".

Section 747.2311 is being repealed because the terms are somewhat outdated and the content with modifications is being incorporated into other rules as follows: (1) the content for "port-a-cribs" (which are now called "non-full-size" cribs) is incorporated into §747.2309, because these cribs must meet all of the requirements in §747.2309; and (2) the content for "mesh cribs" (which is now a subset of "play yards") is incorporated into new §747.2311.

New §747.2311 incorporates the content related to mesh cribs/play yards from §747.2311; and it clarifies: (1) the term "play yard", which are mesh or fabric sided cribs; (2) play yards must be used according to the manufacturer's instructions, including the cleaning of the play yard, (3) play yards must have a firm, flat mattress that snugly fits the sides of the play yard; the mattresses must be designed by the manufacturer specifically for the play yard model number that is being used; and mattresses must not be supplemented with additional foam material or pads; and (4) additional play yard requirements.

The amendment to §747.2313 clarifies that stacking wall cribs are allowed only for an infant who cannot stand or is able to stand without hitting the infant's head on either the top of the crib or the ceiling above the top crib; replaces the term "child" with "infant"; and clarifies the wording of the rule for better readability and ease of understanding.

The amendment to §747.2315, regarding prohibited equipment for use with infants: (1) incorporates the content of the definitions for "baby walkers" and "baby doorway jumpers" from the definition rule, because this is the only rule in which these two terms are used; (2) replaces the term "baby bungee jumpers" with "baby doorway jumpers", which is the equipment that is actually prohibited; (3) establishes that the safest course for a sleeping infant is a bare crib, except for a tight fitting sheet and/or a mattress cover used to protect against wetness (if the mattress cover is designed specifically for the crib and crib mattress, tight fitting, thin, and not designed to make the sleep surface softer); (4) modifies the wording of the rule for better readability and ease of understanding; and (5) replaces the term "children" with "infants".

The amendment to §747.2317 clarifies that when an infant explores outside of the crib, the infant must also be free of restrictive devices; and deletes "confining equipment" because that term is subsumed by "restrictive devices".

The amendment to §747.2319 clarifies that propped bottles are not allowed; and replaces the term "child/ren" with "infant/s".

The amendment to §747.2321: (1) deletes the option for a home to participate in the Child and Adult Care Food Program (CACFP) pertaining to the feeding instructions for an infant, because this option is misplaced and the CACFP does not have a different option regarding the feeding instructions for an infant; (2) clarifies the question of the rule for better readability and ease of understanding; and (3) replaces the terms "child/ren" with "infant/s" and "physician" with "health-care professional".

The amendment to §747.2323 clarifies the rule for better readability and ease of understanding; and corrects a typographical error".

The amendment to §747.2325 clarifies this rule, which allows an infant to remain in a crib for up to 30 minutes after the infant wakes up, by deleting the phrase "other confining equipment". The deletion of the phrase clarifies that an infant must be sleeping in a crib and not be sleeping in confining equipment, also known as a restrictive devices.

New §747.2326 clarifies that infants are not allowed to sleep in restrictive devices. If the infant falls asleep in a restrictive device, then the infant must be removed from the device and placed in a crib as soon as possible. Note: "Restrictive Device" has been defined in the new definitions rule in §747.123.

The amendment to §747.2327 clarifies (1) that infants not yet able to turn over must be placed in a face-up sleeping position in their own cribs; (2) an exception if there is a written statement from a health-care professional stating a different sleeping position is medically necessary; and (3) replaces term "child" with "infant".

The amendment to §747.2328 clarifies that swaddling is only allowed if there is a written statement from a health-care professional stating that swaddling a specific child for sleeping purposes is medically necessary.

The amendment to §747.2331, regarding daily reports for parents, clarifies the rule by replacing the term "child" with "infant".

The amendment to §747.2401, regarding basic care requirements for toddlers, clarifies the rule by replacing the term "child" with "toddler".

The amendment to §747.2405, regarding furnishings and equipment for toddlers: (1) clarifies that toddlers should never be allowed to sleep with or walk around with bottles or training cups; (2) clarifies the wording of the rule for better readability and ease of understanding; and (3) replaces the term "child" with "toddler".

The amendment to §747.2407 deletes the required toddler activities of regular meal and snack times and supervised naptime because these activities are redundant as they are already required by §747.2801 and §747.3101, respectively.

The amendment to §747.2507 deletes the required pre-kindergarten age activities of regular meal and snack times and supervised naptime because these activities are redundant as they are already required by §747.2801 and §747.3101, respectively.

The amendment to §747.2605 clarifies the rule for better readability and ease of understanding.

The amendment to §747.2607 deletes the required school-age activities of regular meal and snack times and supervised naptime because these activities are redundant as they are already required by §747.2801 and §747.3101, respectively.

Section 747.2701is being repealed and the content, regarding what discipline is appropriate, is being incorporated into §747.2703.

The amendment to §747.2703 incorporates the content from §747.2701, which is being deleted; and clarifies the rule for better readability and ease of understanding.

The amendment to §747.2705 clarifies that prohibited discipline includes: (1) placing a child in a dark room, whether the door is closed or not; and (2) requiring a child to remain in a restrictive device.

Section 747.2711 is being repealed and the content, regarding whether a discipline and guidance policy is needed, is being incorporated into §747.501(5).

Section 747.2715 is being repealed because the content, regarding updating the discipline and guidance policy, is either already required in §747.505 or is being incorporated into §747.505.

The amendments to §747.2801 and §747.2803, regarding nap time and a rest period, modify the wording in these two rules to be consistent with the wording of the rules throughout this division.

The amendment to §747.2805 clarifies that children must not be confined in a restrictive device in an attempt to make the child rest or sleep.

The amendment to §747.2807, regarding children that cannot sleep, makes the wording in the rule consistent with the wording of other rules in this division.

The amendment to §747.2811 clarifies that lowering the lighting in a room requires enough lighting that a person's eyes do not need to adjust for the person to be able to see upon entering the room.

Section 747.2907 is being repealed and the content, regarding the referral to Subchapter E for information relating to child/caregiver ratios and group sizes, is being added to a Helpful Information box located on the DFPS public website version of the minimum standards immediately following §747.2901.

The amendment to §747.3003 deletes the statement that a home needs a residential child-care license to exceed the nighttime care limits because this chapter only relates to child-care homes, not residential licensing.

The amendment to §747.3101 corrects and inadvertent change to the meaning of this rule that occurred when this rule was previously amended in response to the Child Care Development Block Grant of 2014. The correction clarifies that new paragraph (3), regarding the option for a home to meet the requirements of the Child and Adult Care Food Program, only applies to subsection (a). The subsections have also been renumbered.

The amendment to §747.3109: (1) deletes "meals" from subsection (d) because parents must not be providing meals for other children; and (2) clarifies that snacks that are shared must meet the needs of children who require special diets.

The amendments to §747.3117 and §747.3203 clarify the rules for better readability and ease of understanding.

Section 747.3205 is being repealed and the content, regarding the definition for "sanitizing," is being incorporated into the new definition for "sanitize" at §747.123 with modifications.

Section 747.3207 is being repealed and the content, regarding the definition for "disinfecting solution," is being incorporated into the new definition for "sanitize" at §747.123 with modifications.

The amendment to §747.3211 clarifies: (1) that caregivers must wash their hands after removing gloves; and (2) the wording of the rule for better readability and ease of understanding.

The amendment to §747.3215 deletes the portion of the rule regarding hand sanitizers and incorporates it into new §747.3216.

New §747.3216 clarifies that hand sanitizer may be used as a substitute for washing hands under certain conditions: (1) not used for visibly dirty hands; (2) only used on children 24 months and older; (3) stored out of the reach of children; (4) labelling instructions are followed; and (5) used only with adult supervision.

The amendment to §747.3217 replaces the term "child" with "infant".

The amendment to §747.3301 clarifies the rule for better readability and ease of understanding.

The amendment to §747.3303 clarifies that to prevent a child from falling from a diaper changing surface that is above the floor level the caregiver's hand must remain on the child "or the caregiver must be facing the child" at all times.

The amendment to §747.3307 clarifies the rule for better readability and ease of understanding, including deleting one outdated cite and replacing another cite with the actual relevant wording.

The amendment to §747.3401 updates the language of the rule by deleting the use of rectal temperatures and adding the use of tympanic (ear) temperatures; and clarifies the rule for better readability and ease of understanding.

The amendment to §747.3403 deletes the portion of the rule that describes where to access the DSHS communicable disease information and adds the content with additional information to the Helpful Information box located on the DFPS public website version of the minimum standards immediately following this rule.

New §747.3406 clarifies that an ill child may return to the child-care home when: (1) the child is free of illness symptoms for 24 hours; or (2) there is a health-care professional's written statement that the child no longer has the excludable disease or condition.

The amendment to §747.3407: (1) deletes the term "critical illness/injury" and simplifies the rule by including the actual definition, which is an illness or injury that requires the immediate attention of a health-care professional. This is the only rule that discusses a "critical illness/injury"; (2) substitutes the term "health-care professional" for "physician"; (3) reorganizes the order of the caregiver's response to an illness or injury that requires the immediate attention of a health-care professional; and (4) clarifies that even if a child must be taken to an emergency room, the caregiver must first ensure the supervision of the other children.

The amendment to §747.3411 clarifies that only licensed child-care homes that are NOT located in the primary caregiver's own residence must have a vaccine-preventable disease policy.

The amendment to §747.3503: (1) clarifies that people whose behavior and/or health status "poses an immediate threat or danger" to the health or safety of children must not be present when children are in care; and (2) bans the use of e-cigarettes and any type of vapors.

The amendment to §747.3505: (1) substitutes the term "peace officer", which is defined at §2.12, Code of Criminal Procedure, for the colloquial term of "law enforcement official"; and (2) adds commissioned security officers as persons who may carry a firearm in a child-care home.

The amendment to §747.3507: (1) clarifies the language of the rule for better readability and ease of understanding; and (2) applies the limitation on toys that explode or shoot to both the home and on field trips.

The amendment to §747.3601 clarifies that a non-prescription topical ointment, such as insect repellant, is not a medication.

The amendment to §747.3619 clarifies the language of the rule for better readability and ease of understanding; and makes the rule consistent with sister rules in Chapters 744 and 746.

The amendment to §747.3701 clarifies that the requirements for animals in a home while children are in care also apply to field trips.

The amendment to §747.3903 highlights that caregivers must be the individuals responsible for overseeing the release of children; and clarifies the language of the rule for better readability and ease of understanding.

The amendment to §747.4011 deletes the cite for the "single-us area" definition, and incorporates the actual definition because it is not used in any other rule in this chapter; and clarifies the language of the rule for better readability and ease of understanding.

The amendment to §747.4015 deletes an outdated grandfather clause.

Section 747.4107 is being repealed because the grandfather clause is outdated and irrelevant.

The amendment to §747.4113, regarding the criteria to approve outdoor activity space not connected to the home, makes the language of the rule consistent with the language throughout the division; adds "neighborhood circumstances" as a criteria to be considered; and makes paragraph (5) consistent with sister rules in Chapters 744 and 746.

The amendment to §747.4203 deletes the portion of the that describes where to find information on hand washing and adds the content to the Helpful Information box located on the DFPS public website version of the minimum standards immediately following this rule.

The amendment to §747.4301 clarifies that if the manufacturer requires safety straps on a chair, then the safety straps must be fastened whenever a child is using the chair.

The amendment to §747.4303: (1) clarifies that a home may require a parent to provide the cot or mat for the child; (2) deletes the individual crib requirement because it is already required in §747.2305; (3) deletes the nap and rest requirements because they are already required at §747.2801; and (4) clarifies the wording of the rule for better readability and ease of understanding.

The amendment to §747.4305 deletes a masculine pronoun.

The amendment to §747.4307 deletes an outdated reference to a coin operated pay phone.

The amendment to §747.4309, regarding the safety standards for indoor lofts: (1) makes the language of the rule: (a) consistent with the language throughout the division; (b) consistent with the language in sister rules in Chapters 744 and 746; and (c) clarifies the wording of the rule for better readability and ease of understanding; and (2) adds a reminder that lofts must also comply with §747.4015 (state and local fire marshal's approval for caring for children above ground).

Section 747.4311 is being repealed because the grandfather clause is outdated an irrelevant.

The amendment to §747.4401 clarifies that active play equipment must be used according to the manufacturer's instructions.

The amendment to §747.4407 clarifies that active play equipment, in addition to active play space, must be inspected daily before children go out to play.

The amendment to §747.4751 clarifies: (1) the language of the rule for better readability and ease of understanding; and (2) that inflatables must be used according to manufacturer's instructions.

The amendment to §747.4803 deletes the word "built" from the question, because child-care home swimming pools must be maintained according to DSHS standards, not built according to DSHS standards.

The amendment to §747.4807, regarding fences around a swimming pool at a child-care home: (1) clarifies the question of the rule so the answer is more responsive to the question and for better readability and ease of understanding; and (2) makes the rule consistent with sister rules in Chapters 744 and 746.

The amendment to §747.4809, regarding whether a fence relieves a caregiver of supervision duties, clarifies: (1) the question of the rule for better readability and ease of understanding; (2) the wording of the rule to be more consistent with §747.1501 (c)(4) - "supervise children at all times".

The amendment to §747.4815 clarifies: (1) the language of the rule for better readability and ease of understanding; (2) that children must not be left alone with sprinkler equipment; and (3) that the splash pad/sprinkler play area must be maintained according to manufacturer's instructions.

The amendment to §747.5013 clarifies the rule for better readability and ease of understanding.

The amendment to §747.5101 clarifies the title for a "state or local fire marshal", which is defined at §747.123.

The amendment to §747.5103: (1) deletes an outdated grandfather clause; (2) clarifies the rule for better readability and ease of understanding; and (3) clarifies the title for a "state or local fire marshal", which is defined at §747.123.

The amendment to §747.5105 clarifies: (1) the order of the sentences in the rule to be consistent with the sister rules in Chapters 744 and 746; and (2) that the manufacturer's instructions for mounting a fire extinguisher must be followed.

The amendment to §747.5107 clarifies the rule for better readability and ease of understanding.

The amendment to §747.5109 clarifies the: (1) title for a "state or local fire marshal", which is defined at §747.123; and (2) rule for better readability and ease of understanding.

The amendment to §747.5115: (1) clarifies the rule for better readability and ease of understanding; and (2) adds a documentation requirement for the date of installation of new batteries.

The amendment to §747.5117 clarifies the rule for better readability and ease of understanding.

The amendment to §747.5401: (1) clarifies the rule for better readability and ease of understanding; and (2) deletes the issue of parental authorization for drop-offs and incorporates it and adds parental authorization for pick-ups into §747.605(8).

The amendment to §747.5405 clarifies the rule for better readability and ease of understanding.

The amendment to §747.5407 clarifies the term "child passenger safety seat system"; and restructures the rule for better readability and ease of understanding.

The amendment to §747.5409 clarifies the rule for better readability and the ease of understanding; and makes the rule consistent with sister rules in Chapters 744 and 746.

The amendment to §747.5411 clarifies the rule for better readability and the ease of understanding, and makes the rule consistent with a sister rule in Chapter 744.

The amendment to §747.5417: (1) clarifies the rule for better readability and ease of understanding; and (2) adds a requirement that the driver must carry a current driver's license.

The amendment to §747.5419 clarifies the rule for better readability and ease of understanding; and makes the rule consistent with a sister rule in Chapter 744.

The amendment to §747.5421 requires a cell phone or two-way radio in a transportation vehicle in case of an emergency.

FISCAL NOTE

Lisa Subia, Chief Financial Officer of DFPS, has determined that for each year of the first five years the proposed new, amended and repealed rules are in effect, there will no costs or revenues to state or local government as a result of enforcing or administering these rules.

There is no anticipated impact to costs and revenues of local governments.

SMALL BUSINESS AND MICRO-BUSINESS IMPACT ANALYSIS

DFPS has determined that there will be an anticipated adverse impact on small or micro businesses as a result of the proposed rule changes to §747.501 and §747.5421. These two proposed changes may impact Registered and Licensed Child-Care Homes that meet the definition of a small and micro-business.

Chapter 2006 of the Government Code defines a small business as one that is for-profit, independently owned, and has fewer than 100 employees or less than six million dollars in annual gross receipts. A small business that has no more than 20 employees is also defined as a micro-business.

According to the DFPS FY 2015 Annual Report and Data Book as of August 31, 2015 there were 4,678 Registered Child-Care Homes and 1,720 Licensed Child-Care Homes in Texas. CCL is assuming all Registered and Licensed Child-Care Homes meet the definitions of a small and micro-business.

Licensing staff developed the methodologies used to calculate the fiscal impact of these rules. The impacts were calculated using cost research conducted by staff and assumptions regarding child-care practices. The key assumptions and methodologies are described in detail below, as these underlie the individual impact calculations for the rules that are projected to have a fiscal impact.

For both Registered and Licensed Child-Care Homes, the staff time required to comply with the standards will impact Primary Caregivers. For use in this impact analysis, DFPS will use the following mean wages that were obtained from the Texas Workforce Commission's website for Occupational Wages based on 2015 estimates: For all Primary Caregivers, DFPS is using a $25.57 per hour mean wage from the Occupational Title of Education Administrator, Preschool and Childcare Center.

Fiscal Impact for Proposed §747.501: This section adds a new operational policy that must be developed for "safe sleep for infants 12 months and younger". The fiscal impact to these homes results from staff time to develop policy regarding this topic. It is anticipated, after discussing this issue with the temporary workgroup, that a Primary Caregiver, or curriculum developer that is similarly paid, will spend an average of one to two hours developing this operational policy. Therefore, the approximate one-time cost for the development of this safe sleep policy is between $25.57 (1 hour X $25.57) and $51.14 (2 hours X $25.57) per affected home.

The maximum overall statewide impact for the combined affected homes (assuming no homes have an operational policy regarding safe sleep) under proposed §747.501 is between $163,597 and $327,194 ($25.57 X (4,678 + 1,720) = $163,597 and $51.14 X (4,678 + 1,720) = $327,194, respectively).

Fiscal Impact for Proposed §747.5421: In case of an emergency, this section requires a communications device, like a cellular phone, to be carried in a transportation vehicle when transporting children, which was not previously required. It is anticipated that this change will only affect a small number of homes. This section only applies to those homes that provide transportation services. Of the 4,678 Registered Child-Care Homes, 767 of those homes are noted in CLASS as providing transportation services. Of the 1,720 Licensed Child-Care Homes, 410 of those homes are noted in CLASS as providing transportation services. In addition, a 2015 study from the Pew Research Center indicated that 68% of all adults have cell phones, and that number is higher for 30 - 49 year olds (83%) and 18 - 29 year olds (86%). However, for those homes or individuals that do not currently have a cellular phone and are providing transportation, the costs will be minimal. A very basic cell phone can be bought for $10 to $20 with another $10 to $20 to buy minutes. If this phone is only used in transportation emergencies, this should be a one-time cost of $20 to $40 per affected home.

The overall statewide impact for the combined affected homes under proposed §747.5421 may be as little as $0 under the assumption that all individuals transporting children already have personal or business cell phones, or between $16,007 and $32,014 ((767 + 410) X $20 X 68% = $16,007 and (767 + 410) X $40 X 68% = $32,014, respectively).

The other recommended rule changes should not affect the cost of doing business; does not impose new requirements on any business; and does not require the purchase of any new equipment or any increased staff time in order to comply.

Regulatory Flexibility Analysis: As previously noted, of the 4,678 Registered Child-Care Homes and 1,720 Licensed Child-Care Homes in Texas CCL is estimating that all of them are small and micro-businesses. The projected fiscal impact on small and micro-businesses for §747.501 and §747.5421 is addressed in the foregoing section. CCL did consider not requiring the new safe sleep operational policy and not requiring a cellular phone during transportation, but ultimately decided that the one-time cost for both rules are appropriately small and merited the changes. In addition, these two changes will ensure the health and safety of children while sleeping and during the transportation of children in the event of an emergency.

PUBLIC BENEFIT AND COST

Ms. Subia has determined that for each year of the first five years the proposed new, amended and repealed rules are in effect, the public benefit anticipated as a result of the rule change will be that: (1) there will be clarification of the Minimum Standards for Child-Care Homes resulting in more compliance; (2) DFPS will be in compliance with HRC §42.042(b); and (3) there will be reduced risk to children.

TAKINGS IMPACT ASSESSMENT

Ms. Subia has determined that the proposed amendments do not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, do not constitute a taking under §2007.043, Government Code.

PUBLIC COMMENT

Questions about the content of the proposal may be directed to Gerry Williams at, (512) 438-5559 in DFPS's Child Care Licensing Division. Electronic comments may be submitted to CCLRules@dfps.state.tx.us. Written comments on the proposal may be submitted to Texas Register Liaison, Legal Services-564, Department of Family and Protective Services E-611, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register.

SUBCHAPTER A. PURPOSE AND DEFINITIONS

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

STATUTORY AUTHORITY (DFPS)

These repealed rules are proposed 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 proposed repeals implement HRC §42.042.

§747.103.What do certain pronouns mean when used in this chapter?

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

§747.107.What types of operations do these minimum standards apply to?

§747.109.What is a registered child-care home?

§747.111.What is a licensed child-care home?

§747.113.Who is responsible for complying with the minimum standards?

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606463

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


SUBCHAPTER A. PURPOSE, SCOPE, AND DEFINITIONS

DIVISION 2. SCOPE

40 TAC §§747.111, 747.113, 747.115, 747.117

These new rules are proposed 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 proposed new sections implement HRC §42.042.

§747.111.What types of operations do these minimum standards apply to?

The minimum standards in this chapter apply to:

(1) Child-care homes registered or licensed by us to care for 12 or fewer children in the caregiver's own home for less than 24 hours per day; and

(2) Any unlicensed child-care home that requires a registration or license per the Human Resources Code, Chapter 42, because the home is providing child-care services.

§747.113.What is a registered child-care home?

(a) In a registered child-care home, the registered primary caregiver provides care in the caregiver's own residence for not more than six children from birth through 13 years, and may provide care after-school hours for not more than six additional elementary school children. The total number of children in care at any given time, including the children related to the caregiver, must not exceed 12.

(b) A registered child-care home includes the program, building, grounds, furnishings, and equipment.

§747.115.What is a licensed child-care home?

(a) In a licensed child-care home, the licensed primary caregiver provides care in the caregiver's own residence for children from birth through 13 years, unless the operation was licensed as a group day care home prior to September 1, 2003.

(b) A child-care home licensed as a group day care home prior to September 1, 2003, may provide care at a location other than the primary caregiver's own residence, until the permit is no longer valid. A location, other than the primary caregiver's own residence, is subject to the minimum standards in this chapter and, if applicable, the conditions specified in §745.373 of this title (relating to May I have more than one licensed child-care home?).

(c) The total number of children in care varies with the ages of the children, but the total number of children in care in a licensed child-care home at any given time, including the children related to the caregiver, must not exceed 12.

(d) A licensed child-care home includes the program, building, grounds, furnishings, and equipment.

§747.117.Who is responsible for complying with these minimum standards?

(a) For a registered child-care home, the permit holder must ensure compliance with all minimum standards in this chapter at all times, with the exception of any minimum standard identified:

(1) Only for licensed child-care homes; or

(2) For specific types of child-care programs or activities the child-care home does not offer, such as transportation or swimming activities.

(b) For a licensed child-care home, the permit holder must ensure compliance with all minimum standards in this chapter at all times, with the exception of any minimum standard identified:

(1) Only for registered child-care homes; or

(2) For specific types of child-care programs or activities the child-care home does not offer, such as transportation or swimming activities.

(c) For a child-care home that is subject to Licensing's regulation under this chapter but does not have the appropriate registration or license, the owner, other person overseeing the child-care services, or controlling person who has the ability to influence or direct the home's management, expenditures, or policies must ensure compliance with all minimum standards in this chapter as described in (a) and (b) of this section.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606464

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


DIVISION 3. DEFINITIONS

40 TAC §747.121, §747.123

These new rules are proposed 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 proposed new sections implement HRC §42.042.

§747.121.What do certain pronouns mean when used in this chapter?

The following words have the following meanings when used in this chapter:

(1) I, my, you, and your--A permit holder who is the primary caregiver in a licensed or registered child-care home, unless otherwise stated.

(2) We, us, our, and Licensing--The Licensing Division of the Texas Department of Family and Protective Services (DFPS).

§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, toddler, pre-kindergarten age child, or 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 hours--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 entrap 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 others in large or small groups. Group activities include storytelling, finger plays, show and tell, organized games, and singing.

(28) 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.

(29) Health-care professional--A licensed physician, licensed registered nurse with appropriate advanced practice authorization from the Texas Board of Nurse Examiners, a licensed vocational nurse (LVN), 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 or medical personnel not licensed to practice in the United States.

(30) High school equivalent--Documentation:

(A) 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) That verifies home-schooling that adequately addresses basic competencies that would have been necessary for the person to obtain a high-school diploma or GED, including basic reading, writing, and math skills.

(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. 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, see §747.1305(j) 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 proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606467

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


SUBCHAPTER B. ADMINISTRATION AND COMMUNICATION

DIVISION 1. PRIMARY CAREGIVER RESPONSIBILITIES

40 TAC §747.207

These amended rules are proposed 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 proposed amendment implements HRC §42.042.

§747.207.What are my responsibilities as the primary caregiver?

You are responsible for the following:

(1) Developing and implementing your child-care home's operational policies, which comply with or exceed Division 4 of this subchapter (relating to Operational Policies) [the minimum standards];

[(2) Complying with all minimum standards that apply to your licensed or registered child-care home, as specified in this chapter;]

(2) [(3)] Ensuring all [substitute and] assistant caregivers and substitute caregivers comply with the relevant minimum standards for those caregivers, as specified in this chapter, and are provided assignments that match their skills, abilities, and training;

(3) [(4)] Ensuring all household members comply with the minimum standards that apply to household members, as specified in this chapter;

(4) [(5)] Reporting suspected abuse, neglect, and exploitation as required by the Texas Family Code, §261.401;

(5) [(6)] Ensuring parents have the opportunity to visit your child-care home any time during all hours of operation to observe their child, program activities, the home, the grounds, and the equipment, without having to secure prior approval;

(6) [(7)] Initiating background checks as specified in Chapter 745, Subchapter F of this title (relating to Background Checks);

(7) [(8)] Ensuring all information related to background checks is kept confidential as required by the Human Resources Code, §40.005(d) and (e); [and]

(8) [(9)] Complying with:

(A) The [the] child-care licensing law, found in Chapter 42 of the Human Resources Code;[, and]

(B) All the minimum standards that apply to your licensed or registered child-care home, as specified in this chapter; and

(C) All [all] other applicable laws and rules in the Texas Administrative Code; and[, including the minimum standards in this chapter.]

(9) Ensuring the total number of children in care at the home or away from the home, such as during a field trip, never exceeds the capacity of the home as specified on the license or registration.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606468

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


DIVISION 1. PRIMARY CAREGIVER

40 TAC §747.209

These repealed rules are proposed 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 proposed repeal implements HRC §42.042.

§747.209.Must I maintain liability insurance?

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606469

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


DIVISION 2. REQUIRED NOTIFICATIONS

40 TAC §747.301

These amended rules are proposed 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 proposed amendment implements HRC §42.042.

§747.301.What changes regarding my child-care home must I notify Licensing about before making the change?

You must notify us in writing before:

(1) Changing the address or location of the child-care home;

(2) - (5) (No change.)

(6) Offering new services relating to minimum standards found in this chapter, such as nighttime care, transportation, or field trips;

(7) Planned closure of five consecutive days or more, during designated hours of operation when the home [operation ] is not caring for children, with the exception of nationally recognized holidays; or

(8) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606470

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


DIVISION 3. REQUIRED POSTINGS

40 TAC §747.401, §747.403

These amended rules are proposed 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 proposed amendments implement HRC §42.042.

§747.401.What records [items] must I post at my child-care home during hours of operation?

(a) You must post the following in a prominent and publicly accessible place where parents and others may easily view them during all hours of operation:

(1) - (4) (No change.)

(5) A list of your employees, which [as defined in §745.21 of this title (relating to What do the following word and terms mean when used in this chapter?). The list] must be printed on paper at least 8 1/2 inches by 11 inches in size and must include each employee's first and last name; and

(6) (No change.)

(b) For food allergies that require an emergency plan, you must either:

(1) (No change.)

(2) Ensure that all caregivers, [and] employees, and household members who prepare and serve food are aware of each child's food allergies.

§747.403.What telephone numbers must I post and where must I post them?

[(a)] You must post in a prominent place the following telephone numbers:

(1) 911 or, if 911 is not available in your area, you must post the telephone numbers for:

(A) - (C) (No change.)

(2) (No change.)

(3) The Texas Abuse and Neglect Hotline (1-800-252-5400) [DFPS child abuse hotline];

(4) The local [Nearest] Licensing office telephone number [and address]; and

(5) Your telephone number, name, and home address[, and telephone number].

[(b) You must post the telephone numbers next to each telephone in the child-care home. If you use a cordless or cellular phone, you must post these same numbers in a prominent place on the wall near the base of the phone or on the handset.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606471

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


DIVISION 4. OPERATIONAL POLICIES

40 TAC §§747.501, 747.503, 747.505

These amended rules are proposed 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 proposed 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) (No change.)

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

(4) (No change.)

(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 [practices];

(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) [(6)] Animals, if applicable;

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

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

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

(11) [(10)] Your emergency preparedness plan;

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

(13) [(12)] Vaccine-preventable diseases for employees if your licensed child-care home is not located in your own residence [home]. 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?).

§747.503.Must I provide parents with a copy of my operational polices?

Yes. On or before the date of the child's admission, the parents [Parents] must sign an [a child-care] enrollment agreement or other similar documents, which must include [document that includes] at least the operational policies listed in this division[, before the date of the child's admission]. You must keep the [a copy of this] signed document in the child's record or at least one for each family, if siblings are enrolled at the same time.

§747.505.What must I do when I change an operational policy or an item in the enrollment agreement?

When you change an operational policy or your enrollment agreement, you [You] must notify:

(1) Your caregivers of any changes:

(2) The parents in writing of any changes [to your policies and enrollment agreement]. Parents must sign and date the updated information. You must keep the updated information in the child's record or at least one for each family; and[, if siblings are enrolled at the same time.]

(3) Your household members of any changes to the discipline and guidance policy, which must be documented.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606472

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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

These amendments and new rules are proposed 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 proposed 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) (No change.)

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

(3) - (4) (No change.)

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

(6) Vision and hearing [Hearing and vision] 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.

(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) - (3) (No change.)

§747.605.What admission information must I obtain for [on] each child?

You must obtain at least the following information before admitting a child to the child-care home [care]:

(1) - (7) (No change.)

(8) Permission for transportation, if provided, including any authorized pick-up and drop-off locations;

(9) - (16) (No change.)

§747.613.What immunizations must a child [are children] in my care [required to] have?

(a) Each child enrolled or admitted to a child-care home must meet and continue to meet applicable immunization requirements specified by the Texas Department of State Health Services (DSHS) [in 25 TAC Chapter 97, Subchapter B (relating to Immunization Requirements in Texas Elementary and Secondary Schools and Institutions of Higher Education)]. This requirement applies to all children in the child-care home from birth through 14 years.

(b) You must maintain current immunization records for each child in your care, including any immunization exemptions or exceptions.

(c) All immunizations required for the child's age must be completed by the date of admission, unless:

(1) The child is exempt or excepted from an immunization, and you verify the exemption or exception by the date of admission; or

(2) The child is homeless or a child in foster care and is provisionally admitted for up to 30 days if evidence of immunization is not available. You should immediately refer the child to an appropriate health-care professional to obtain the required immunizations. The DSHS rule at 25 TAC §97.66 (relating to Provisional Enrollment for Students) establishes the guidelines for a provisional enrollment.

§747.615.What exemptions or exceptions are there concerning immunization requirements?

(a) A child may be exempt from immunization requirements for a medical reason or reason of conscience, including a religious belief. To claim an exemption, the person applying for the child's admission must meet criteria specified by the Department of State Health Services (DSHS) rule at 25 TAC §97.62 (relating to Exclusions from Compliance).

(b) For some diseases, a child who previously had a disease and is accordingly naturally immune from it may qualify for an exception to the immunization requirements for the disease. To claim this exception, the person applying for the child's admission must meet the criteria specified by the DSHS rule at 25 TAC §97.65 (relating to Exceptions to Immunization Requirements).

§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 program or school that the child attends. The statement must be dated and include the name, address, and telephone number of the pre-kindergarten program 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 registry, a copy of the current immunization record that is on file at the pre-kindergarten program or school, or the health passport for a child in the conservatorship of DFPS, so long as the record includes:

(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, such as from a doctor's office, that includes:

(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 proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606474

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


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

These repealed rules are proposed 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 proposed repeals implement HRC §42.042.

§747.615.Are there exemptions for these immunization requirements?

§747.617.Where can I find more information on immunizations?

§747.619.When must I have the child's immunization record on file?

§747.621.May I admit a child who is not current on immunizations?

§747.623.What documentation is acceptable for immunization records?

§747.625.If a child's immunization record is already on file at a pre-kindergarten program or school away from my child-care home, must I also have a copy of the child's immunization record in my files?

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606475

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


DIVISION 2. RECORDS OF ACCIDENTS AND INCIDENTS

40 TAC §747.703

This repealed rule is proposed 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 proposed repeal implements HRC §42.042.

§747.703.Where can I get a copy of Licensing's Incident/Illness Report form?

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606479

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


40 TAC §747.705

This amendment is proposed 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 proposed amendment implements HRC §42.042.

§747.705.Must someone from my child-care home sign the Incident/Illness Report form?

Yes. You or your substitute caregiver must complete, sign, and date the form [completed report].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606485

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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

These amendments are proposed 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 proposed amendments implement HRC §42.042.

§747.801.What records must I keep at my child-care home?

You must maintain and make the following records available for our review upon request during hours of operation. Paragraphs (8), (9), and (10)[, (11), and (12)] are optional, but if provided, will allow Licensing to avoid duplicating the evaluation of standards that have been evaluated by another state agency within the past year:

(1) - (3) (No change.)

[(4) Proof of request for all background checks required by Chapter 745, Subchapter F of this title (relating to Background Checks);]

(4) [(5)] Menus, as required in §747.3113 of this title (relating to Must I post and maintain daily menus?);

(5) [(6)] Medication records, as required in §747.3605 of this title (relating to How must I administer medication to a child in my care?) if applicable;

(6) [(7)] Pet vaccination records, as required in §747.3703 of this title (relating to Must I keep documentation of vaccinations for the animals?), if applicable;

(7) [(8)] Safety [Fire safety] documentation for emergency drills, fire extinguishers, smoke detectors and emergency evacuation and relocation diagram, as required in §747.5005 of this title (relating to Must I practice my emergency preparedness plan [plans]?), §747.5007 of this title (relating to Must I have an emergency evacuation and relocation [relation] diagram?), §747.5107 of this title (relating to How often must I inspect and service the fire extinguisher?), §747.5115 of this title (relating to How often must the smoke detectors at my child-care home be tested?), and §747.5117 of this title (relating to How often must I have an electronic smoke alarm system tested?);

[(9) Most recent Licensing inspection report, letter, or notice;]

(8) [(10)] Most recent Texas Department of State Health Services' [Services] immunization compliance review form, if applicable;

(9) [(11)] Most recent Texas Department of Agriculture Child and Adult Care Food Program (CACFP) report, if applicable;

(10) [(12)] Most recent local workforce board Child-Care Services Contractor inspection report, if applicable;

(11) [(13)] Written approval from the fire marshal to provide care above or below ground level, if applicable;

(12) [(14)] Most recent DFPS form certifying that you have reviewed each of the bulletins and notices issued by the United States Consumer Product Safety Commission regarding unsafe children's products and that there are no unsafe children's products in use or accessible to children in the home; and

(13) [(15)] Documentation for cribs as specified in §747.2309(a)(9) of this title (relating to What specific safety requirements must my cribs meet?), if applicable.

§747.803.How long must I keep [these] records at my child-care home?

(a) Unless otherwise stated in this chapter:

(1) You must keep at the child-care home each record that your home is required to post or keep; and

(2) These records must be kept for at least three months from the date the record was created. [these records at your child-care home for at least three months from the date the record was created, unless otherwise stated in these minimum standards.]

(b) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606487

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


DIVISION 4. RECORDS ON CAREGIVERS AND HOUSEHOLD MEMBERS

40 TAC §747.907

This repealed rule is proposed 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 proposed repeal implements HRC §42.042.

§747.907.Where can I obtain a copy of the Licensing Affidavit for Applicants for Employment form?

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606489

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


40 TAC §747.909

This amendment is proposed 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 proposed 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 notarized Licensing Affidavit for Applicants for Employment form, as specified in Human Resources Code, §42.059;]

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

(2) [(3)] A record of your training hours; and

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

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606492

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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

This amendment is proposed 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 proposed amendment implements HRC §42.042.

§747.1007.What qualifications must I meet to be the primary caregiver of a registered child-care home?

Except as otherwise provided in this division, you must:

(1) (No change.)

(2) Have a:

(A) High [high] school diploma; or

(B) High school equivalent;

(3) (No change.)

(4) Meet the requirements in Subchapter F of Chapter 745 of this title (relating to Background Checks);

(5) [(4)] Have current certification in CPR and first aid with rescue breathing and choking;

(6) [(5)] Have a current record of a [Be free of active] tuberculosis (TB) examination showing you are free of contagious TB, if required by the [regional] Texas Department of State Health Services or local health authority; and

(7) [(6)] Have proof of training in the following:

(A) Recognizing and preventing shaken baby syndrome and abusive head trauma;

(B) Understanding and using safe sleep practices and preventing sudden infant death syndrome (SIDS);

(C) Understanding early childhood brain development;

(D) Emergency preparedness;

(E) Preventing and controlling the spread of communicable diseases, including immunizations;

(F) Administering medication, if applicable, including compliance with §747.3603 of this title (relating to What authorization must I obtain before administering a medication to a child in my care?);

(G) Preventing and responding to emergencies due to food or an [and] allergic reaction;

(H) Understanding building and physical premises safety, including identification and protection from hazards that can cause bodily injury such as electric hazards, bodies of water, and vehicular traffic;

(I) Handling, storing, and disposing of hazardous materials including compliance with §747.3221 of this title (relating to Must caregivers wear gloves when handling blood or bodily fluids containing blood?); and

(J) Precautions in transporting children if your child-care home plans to transport a child whose chronological or developmental age is younger than nine years old.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606494

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

For further information, please call: (5120 438-3854


DIVISION 1. PRIMARY CAREGIVER OF A REGISTERED CHILD-CARE HOME

40 TAC §747.1009

This repealed rule is proposed 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 proposed repeal implements HRC §42.042.

§747.1009.Are there exemptions to any of the qualifications specified in this division?

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606496

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


DIVISION 2. PRIMARY CAREGIVER QUALIFICATIONS OF 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

These amendments and new rules are proposed 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 proposed amendments and new rules implements HRC §42.042.

§747.1107.What qualifications must I meet to be the primary caregiver of a licensed child-care home?

[(a)] Except as otherwise provided in this division, a primary caregiver for a licensed child-care home must:

(1) Be at least 21 years of age;

(2) Have a:

(A) High [high] school diploma; or

(B) High school [its] equivalent;

(3) Have a certificate of completion of the Licensing pre-application course within one year prior to your application date;

(4) Meet the requirements in Subchapter F of Chapter 745 of this title (relating to Background Checks);

(5) [(4)] Have current certification in CPR and first aid with rescue breathing and choking;

(6) Have a current record of a tuberculosis (TB) examination showing you are free of contagious TB, if required by the Texas Department of State Health Services or local health authority;

(7) [(5)] Have proof of training in the following:

(A) Recognizing and preventing shaken baby syndrome and abusive head trauma;

(B) Understanding and using safe sleep practices and preventing sudden infant death syndrome (SIDS);

(C) Understanding early childhood brain development;

(D) Emergency preparedness;

(E) Preventing the spread of communicable diseases, including immunizations;

(F) Administering medication, if applicable, including compliance with §747.3603 of this title (relating to What authorization must I obtain before administering a medication to a child in my care?);

(G) Preventing and responding to emergencies due to food or an [and] allergic reaction;

(H) Understanding building and physical premises safety, including identification and protection from hazards that can cause bodily injury such as electric hazards, bodies of water, and vehicular traffic;

(I) Handling, storing, and disposing of hazardous materials including compliance with §747.3221 of this title (relating to Must caregivers wear gloves when handling blood or bodily fluids containing blood?); and

(J) Precautions in transporting children if your child-care home plans to transport a child whose chronological or developmental age is younger than nine years old; and

(8) [(6)] Have one of the following combinations of education and experience in a licensed child-care center, or in a licensed or registered child-care home, as defined in §747.1113 of this title (relating to What constitutes experience in a licensed child-care center, or in a licensed or registered child-care home?):

Figure: 40 TAC §747.1107(8) (.pdf)

[Figure: 40 TAC §747.1107(6)]

[(b) Options (D) and (F) of subsection (a)(6) of this section require periodic renewal.]

§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[, obtained] in a [any] DFPS licensed or certified child-care center (or similar type of day care center that was formerly licensed, certified, or accredited by DFPS)[, whether paid or unpaid]; and

[(2) Experience as a director, assistant director or caregiver working directly with children, whether paid or unpaid, in a DFPS licensed day-care center, group day-care home, kindergarten and nursery school, school: grades kindergarten and above, drop-in care center, or in a DFPS alternatively accredited program; and]

(2) [(3)] 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 [the following types of] experience as an assistant caregiver, substitute caregiver, or primary caregiver working directly with children in a DFPS registered or licensed child-care home (or in a group day-care home that was formerly licensed by DFPS) may be counted as experience in a licensed or registered child-care home.[:]

[(1) Experience as a primary caregiver or assistant caregiver working directly with children, whether paid or unpaid, in a DFPS licensed or registered child-care home;]

[(2) Experience as a director, assistant director, or caregiver working directly with children, whether paid or unpaid in a DFPS licensed group day-care home; or]

[(3) Experience as a primary caregiver of a DFPS registered family 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.

§747.1123.What documentation must I provide to show that I meet the child development and management education qualifications for a primary caregiver?

If requested by Licensing, you must provide original transcripts and supporting documentation, such as a credit course catalog description or a course syllabus or outline, to determine whether the course is recognized as child development or management.

§747.1129.May I substitute clock hours or CEUs for any of the educational requirements [in any of the options] in this division?

(a) Clock [You may only substitute clock] hours or CEUs may only be substituted for the required college credit hours in child development and [business] management.

(b) [You may substitute] 50 clock hours or five CEUs may be substituted for every [each] three college credit hours required in child development and [business] management.

(c) The documentation to verify the clock hours or CEUs must be 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?).

§747.1131.What additional [kind of] 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 [You] must submit the following to Licensing staff:

(1) - (3) (No change.)

(b) (No change.)

§747.1137.Does education received outside of the United States substitute for primary caregiver qualifications?

Yes, but you must provide supporting information, such as a copy of the diploma, transcript, or letter from the school to indicate that the education is equivalent to a program in the United States. [provided you submit to us information that we can use to interpret and evaluate educational qualifications.] Documentation written in a foreign language must be translated into English.

§747.1145.Will the Child-Care Director's Certificate expire?

The Licensing Child-Care Director's Certificate will have an expiration date if you qualified under paragraph (8), [subsection (a),] options (D) or (F) in §747.1107 of this title (relating to What qualifications must I meet to be the primary caregiver of a licensed child-care home?). Otherwise, the certificate will not expire.

§747.1147.How often must an expiring Child-Care Director's Certificate be renewed?

If you qualified [qualify] under paragraph (8), [subsection (a),] options (D) or (F) in [of] §747.1107 of this title (relating to What qualifications must I meet to be the primary caregiver of a licensed child-care home?), you must maintain your credential according to the organization's requirements. You must submit to us a copy of a letter or other documentation confirming the credential is current before we can renew your Child-Care Director's Certificate. §747.1149.What happens if my credential expires [I do not submit the documentation confirming the credential is current]?

We will give you a deadline to submit the required documentation. If you allow the credential [certificate] to expire without submitting the required documentation, then your home will [and you] no longer meet the minimum standards related to primary caregiver qualifications[, you violate minimum standards].

§747.1153.Can I get a replacement Child-Care Director's Certificate?

Yes. We will issue a replacement Child-Care Director's Certificate, if you submit your request to us in writing, specifying:

(1) Your [your] name and address;[,]

(2) The [the] date [when] we issued the original certificate;[,] and

(3) The [the] reason a replacement certificate is needed.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606498

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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

These repealed rules are proposed 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 proposed repeals implement HRC §42.042.

§747.1123.What are clock hours?

§747.1125.Must the trainer or provider of clock hours meet specific criteria?

§747.1127.What are CEUs?

§747.1133.What documentation must I provide to Licensing to show I have acceptable child development and business management education?

§747.1135.What documentation must I have to prove that I received the clock hours or CEUs?

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606500

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


DIVISION 3. ASSISTANT AND SUBSTITUTE CAREGIVERS

40 TAC §§747.1205, 747.1215, 747.1217, 747.1219

These repealed rules are proposed 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 proposed repeals implement HRC §42.042.

§747.1205.Are there different qualifications for assistant and substitute caregivers?

§747.1215.Do the qualifications specified in this division apply to an assistant caregiver that was employed before May 1, 1985?

§747.1217.Do the qualifications specified in this division apply to a substitute caregiver that I employed before May 1, 1985?

§747.1219.What does Licensing mean by the term "high school equivalent"?

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606503

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


40 TAC §§747.1207, 747.1209, 747.1211

These amendments are proposed 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 proposed amendments implement HRC §42.042.

§747.1207.What minimum qualifications must an assistant caregiver meet?

Except as otherwise provided in this division, an assistant caregiver [counted in the child/caregiver ratio] must:

(1) - (4) (No change.)

(5) Have a current record of a [Be free of active] tuberculosis (TB) examination showing the caregiver is free of contagious TB, if required by the Texas Department of State Health Services or local health authority; and

(6) (No change.)

§747.1209.What minimum qualifications must a substitute caregiver meet?

A substitute caregiver must comply with all of the minimum qualifications [standards] for an assistant caregiver [caregivers] and must also have current certification in CPR and first aid with rescue breathing and choking.

§747.1211.Are there circumstances when I may 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 [and count the person in the child/caregiver ratio], 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 [You don't leave the person alone with or responsible for a child or] as the substitute caregiver in your absence;

(2) (No change.)

(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 [the Texas Education Agency or another state or federal agency approves].

(b) You may employ a 16,17, or 18 year old who attends high school but has not graduated as an assistant caregiver [and count the person in the child/caregiver ratio], 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 [You don't leave the person alone with or responsible for a child or] as the substitute caregiver in your absence;

(2) (No change.)

(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; [the Texas Education Agency or another state or federal agency approves;] and

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

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606504

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


DIVISION 4. PROFESSIONAL DEVELOPMENT

40 TAC §747.1303, §747.1323

These repealed rules are proposed 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 proposed repeals implement HRC §42.042.

§747.1303.What training must I ensure that my caregivers have?

§747.1323.What is self-instructional and instructor-led training?

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606509

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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

These amendments and new rules are proposed 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 proposed amendments and new rules implement HRC §42.042.

§747.1303.What training must I ensure that my caregivers have?

You must make sure that each caregiver has the training required in the following chart:

Figure: 40 TAC §747.1303 (.pdf)

§747.1305.What topics must the annual training for caregivers include?

(a) - (f) (No change.)

(g) No more than 80% of the required annual training hours may come [be obtained] from self-instructional training. No more than three of those self-instructional hours may come from self-study training.

§747.1309.What topics must my annual training include?

(a) - (i) (No change.)

(j) No more than 80% of the required annual training hours may come [be obtained] from self-instructional training. No more than three of those self-instructional hours may come from self-study training.

§747.1311.When must the annual training be obtained?

(a) The [Your] annual training for a primary caregiver must be obtained within 12 months from the date you are registered or licensed with us and during each subsequent 12-month period. [If you obtain more than the minimum number of annual training clock hours required, you may not carry the additional hours over to the next year.]

(b) The annual [Annual] training for each assistant caregiver and substitute caregiver must be obtained within 12 months from the date of the caregiver's employment and during each subsequent 12-month period.

(c) If a caregiver obtains more than the minimum number of annual training clock hours required, the [this] caregiver may not carry the additional hours over to the next year.

§747.1313.Who must have first-aid and CPR training?

(a) - (c) (No change.)

(d) CPR [and first-aid] training must not be obtained through self-instructional training.

§747.1314.What additional training must a caregiver [person] have in order to transport a child in care?

(a) A caregiver must complete two hours of annual training on transportation safety in order to transport a child whose chronological or developmental [development] age is younger than nine years old. This training is in addition to other required training hours.

(b) (No change.)

§747.1315.Must child-care training meet certain criteria?

(a) Training may include clock hours or CEUs provided by:

(1) A training provider registered with the Texas Early Childhood Professional [Care and Education Career] Development System Training [System's Texas Trainer] Registry, maintained by the Texas Head Start State Collaboration Office;

(2) - (5) (No change.)

(6) The primary caregiver [A director at your licensed child-care home or a registered family home provider] who has demonstrated core knowledge in child development and caregiving; and[, if]:

(A) The primary caregiver only provides training to the caregivers at your home; [Providing training to his own staff;] and

(B) Your home [operation] has not been on probation, suspension, emergency suspension, or revocation in the two years preceding the training or been assessed an administrative penalty in the two years preceding the training; or

(7) A person who has at least two years of experience working in child development, a child development program, early childhood education, a childhood education program, or a Head Start or Early Head Start program and:

(A) Has a current [been awarded a] Child Development Associate (CDA) credential; or

(B) (No change.)

(b) (No change.)

[(c) Self-instructional training may not be used for CPR or first-aid certification.]

(c) [(d)] [All training] Instructor-led and self-instructional training, but not self-study training, must include:

(1) Specifically stated learning objectives;

(2) A curriculum, which includes experiential or applied activities;

(3) An evaluation/assessment tool to determine whether the person has obtained the information necessary to meet the stated objectives; and

(4) A certificate of successful completion from the training source.

§747.1317.Does Licensing approve training resources or trainers for training [clock] hours?

No. We do not approve or endorse training resources or trainers for training [clock] hours. But you must [You should, however,] ensure you and your caregivers receive [relevant ] training that:

(1) Meets the criteria specified in §747.1315 of this title (relating to Must child-care training meet certain criteria?);

(2) Is relevant to the [from reliable resources, in] topics specified in this division;[,] and

(3) The [that] participants receive original documentation of completion, as specified in this division.

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

If the caregiver provides [can provide] 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?) and that was obtained from another child day-care operation that we regulate within two months before coming to work at your child-care home, this training may apply toward the annual training requirement. [If you apply this training to the annual requirement, you must adjust the annual training due dates accordingly.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606513

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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 proposed 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 proposed amendment implements HRC §42.042.

§747.1401.Must members of my household meet specific qualifications?

(a) For each household member that is 14 years of age or older [you are required to request a background check on, as specified in Subchapter F of Chapter 745 of this title (relating to Background Checks)], the member must:

(1) Have a current record of a tuberculosis (TB) examination showing the caregiver is free of contagious TB, [Provide a copy of a health card or health-care professional's statement verifying they are free of active tuberculosis] if required by the [regional ] Texas Department of State Health Services or local health authority; and

(2) (No change.)

(b) - (c) (No change.)

(d) A household member who is 14 years of age [old] or older, but is not regularly or frequently present [staying or working] at the child-care home while children are in care, [is not required to meet the qualifications or training requirements for caregivers specified in this subchapter, but] must never be left alone with a child in care, unless the household member meets the qualifications requirements for caregivers specified in this chapter.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606514

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


DIVISION 6. GENERAL RESPONSIBILITIES FOR CAREGIVERS AND HOUSEHOLD MEMBERS

40 TAC §747.1501

The amendment is proposed 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 proposed amendment implements HRC §42.042.

§747.1501.What general responsibilities do caregivers have in my child-care home?

(a) - (b) (No change.)

(c) You and all other caregivers must also:

(1) - (5) (No change.)

(6) Be free from other activities not directly involving the teaching, care, and supervision of children, such as:

(A) Administrative and clerical duties that take the caregiver's attention [caregiver] away from the children [except for brief periods, such as for necessary phone calls, as long as appropriate supervision is maintained];

(B) Janitorial duties[, such as mopping, vacuuming, and cleansing bathrooms. Sweeping up after an activity or mopping up spills may be necessary for the children's safety and are not considered janitorial duties]; and

(C) Personal use of electronic devices, such as cell phones, MP3 players, and video games[, and cell phones]. Cell phones may be briefly used for necessary phone calls, as long as appropriate supervision is maintained; and

(7) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606515

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


SUBCHAPTER F. DEVELOPMENTAL ACTIVITIES AND ACTIVITY PLAN

40 TAC §747.2103

These amended rules are proposed 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 proposed amendment implements HRC §42.042.

§747.2103.What must [should] the activity plan include?

(a) Your activity plan must include at least the following:

(1) A variety of creative activities that encourages the use of a child's imagination. Creative activities include dramatic play, block building, stories and books, science and nature activities, and music and art activities;

(2) - (3) (No change.)

(4) Regular meal and snack times as specified in Subchapter Q of this Chapter (relating to Nutrition and Food Service);

(5) Supervised naptimes, or a period of rest for those children too old to nap;

(6) A variety of:

(A) Child-initiated activities, which are those activities that the child chooses on the child's own initiative, and that foster the child's independence. Child initiated activities require equipment, materials, and supplies to be within the reach of a child; [child-initiated] and

(B) Caregiver-initiated [caregiver-initiated ] activities, which are those activities that are directed or chosen by the caregiver;

(7) - (8) (No change.)

(b) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606516

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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

These amendments and new rules are proposed 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 proposed amendments and new rules implement HRC §42.042.

§747.2301. What are the basic care requirements for infants?

Basic care for infants must include:

(1) Individual attention given to each infant [child] including playing, talking, cuddling, and holding;

(2) Holding and comforting an infant [a child] who is upset;

(3) (No change.)

(4) Talking to infants [children] as they are fed, changed, and held, such as naming objects, singing, or saying rhymes; and

(5) Ensuring objects less than 1 and 1/4 inches in diameter are kept out of the reach of infants or toddlers [children younger than three years].

§747.2305. What furnishings and equipment must I have available for [the] infants?

Furnishings and equipment for infants must include at least the following:

(1) An individual crib to sleep in for each non-walking infant younger than 12 months of age;

(2) An individual crib, cot, bed, or mat that is waterproof or washable for each walking infant; and

(3) A sufficient number of toys to keep the infants [the children] engaged in activities.

§747.2307. Must the equipment I use for infants be equipped with safety straps?

If the manufacturer requires safety straps on a chair, swing, stroller, infant carrier, bouncer seat, or similar type of equipment, then the safety straps must be fastened whenever a child is using the equipment [you use high chairs, swings, strollers, infant carriers, rockers, and bouncer seats, or similar types of equipment, they must be equipped with safety straps that must be fastened whenever a child is using the equipment].

§747.2309. What specific safety requirements must my cribs meet?

(a) All full-size and non-full-size cribs must have:

(1) A firm, flat mattress that snugly fits the sides of the crib and that is specifically designed for use with the crib model number. The mattress must not be supplemented with additional foam material or pads;

(2) - (6) (No change.)

(7) No cutout areas in the headboard or footboard that would entrap an infant's [a child's] head or body;

(8) - (9) (No change.)

(b) You must sanitize each crib when soiled and before another infant [child] uses the crib.

(c) You must never leave an infant [a child] in a crib with the drop gate down.

§747.2311. Are play yards allowed?

You may use a play yard, which is a mesh or fabric sided crib, if it meets the following safety requirements:

(1) The play yards must be used according to the manufacturer's instructions, including the cleaning of the play yard;

(2) Play yards must have:

(A) A firm, flat mattress that snugly fits the sides of the play yard and that is designed by the manufacturer specifically for the play yard model number. The mattress must not be supplemented with additional foam material or pads;

(B) Sheets that fit snugly and do not present an entanglement hazard;

(C) A mattress that is waterproof or washable;

(D) Secure mattress support hangers, and no loose hardware or improperly installed or damaged parts;

(E) A minimum height of 22 inches from the top of the railing to the mattress support at its lowest level;

(F) Folded sides that securely latch in place when raised;

(G) For play yards that have mesh sides, mesh openings that are 1/4 inch or less; and

(H) Mesh or fabric that is securely attached to the top rail, side rail, and floor plate; and

(3) You must never leave an infant in a play yard with a side folded down.

§747.2313. Are stacking wall cribs allowed?

You may use a stacking [Yes. Stacking] wall crib that meets the [cribs must meet the] requirements specified in § 747.2309 of this title (relating to What specific safety requirements must my cribs meet?), and you:

(1) Do not stack more than [Are limited to] two [stacked] cribs;

(2) Only use a stacked crib for an infant who cannot stand or is able to stand without hitting the infant's head on either the top crib or the ceiling above the top crib;

(3) [(2)] Use the crib [Must be used] according to manufacturer's directions; and

(4) [(3)] Securely latch the crib's doors/gates [Doors/gates must be securely latched] anytime an infant [a child] is in the crib.

§747.2315. What [Are] specific types of equipment am I prohibited from using [for use] with infants?

(a) You may not use the [Yes. The] following [list of] equipment for infants, which has been identified as unsafe for infants by the Consumer Product Safety Commission and the American Academy of Pediatrics[, must not be used in your child-care home]:

(1) Baby walkers, which are devices that allow an infant to sit inside a walker equipped with rollers or wheels and move across the floor;

(2) Baby doorway [bungee] jumpers, which are devices that allow an infant to bounce while supported in a seat by an elastic "bungee cord" suspended from a doorway;

(3) Accordion Safety gates; and

(4) Bean bags, waterbeds, and foam pads used as sleeping equipment.[; and]

(b) [(5)] Except for a tight fitting sheet and as provided in subsection (c), the crib must be bare for an infant younger than twelve months of age. [Soft or loose bedding, such as blankets, sleep positioning devices, stuffed toys, quilts, pillows, bumper pads, and comforters, must not be used in cribs for children younger than 12 months of age.]

(c) A crib mattress cover may also be used to protect against wetness, but the cover must:

(1) Be designed specifically for the size and type of crib and crib mattress that it is being used with;

(2) Be tight fitting and thin; and

(3) Not be designed to make the sleep surface softer.

§747.2317. What activities must I provide for infants?

Activities for infants must include at least the following:

(1) (No change.)

(2) Multiple opportunities [Opportunities] to explore each day that are outside of the crib and any restrictive device [or other confining equipment multiple times during each day];

(3) - (8) (No change.)

§747.2319. Are there specific requirements for feeding infants?

Yes. You must:

(1) (No change.)

(2) Not prop or support bottles with some object. The infant [child] or an adult must hold the bottle;

(3) (No change.)

(4) Ensure infants [children] no longer being held for feeding are fed in a safe manner;

(5) Label, color-code or otherwise distinguish among bottles and training cups used by different infants [children];

(6) Never [Not] allow infants [children] to walk around with or sleep with a bottle or training cup;

(7) Never [Not] use the bathroom sink or diaper-changing surface for food preparation, or for washing food service/preparation equipment, bottles, pacifiers, or toys; and

(8) (No change.)

§747.2321. What [Must I obtain] written, feeding instructions must I obtain for an infant [children] not ready for table food?

(a) [Yes.] For an infant who is [children] not ready for table food, you must obtain and follow written feeding instructions that are signed and dated by the infant's [child's] parent or health-care professional [physician].

(b) You must review and update the feeding instructions with the parent every 30 days until the infant [child] is able to eat table food.

[(c) If your child-care home is participating in the Child and Adult Care Food Program administered by the Texas Department of Agriculture, you may elect to meet those requirements rather than those specified in this section.]

§747.2323. Must I provide a regularly scheduled naptime for infants?

Yes. Each infant must have a nap period that:

(1) (No change.)

(2) Is supervised by [Allows] the caregiver [to supervise the infant] according to §747.1503 of this title (relating to What does Licensing mean by [be ] "supervise children at all times"?).

§747.2325. How long are infants allowed to remain in their cribs after awakening?

An infant may remain in the crib [or other confining equipment ] for up to 30 minutes after awakening, as long as the infant is content and responsive.

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

[No.] 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.

§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 written statement [the child's parent presents written documentation] from a health-care professional stating that a different sleeping position is medically necessary [allowed or will not harm the infant].

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

[No.] You may not lay a swaddled infant down to sleep or rest on any surface at any time, unless you have a written statement from a health-care professional stating that swaddling a specific child for sleeping purposes is medically necessary.

§747.2331. Must I share a daily report with parents for each infant in my care?

No, you are not required to provide a daily written report to the infant's [child's] parent.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606517

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


40 TAC §747.2311

These repealed rules are proposed 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 proposed repeal implements HRC §42.042.

§747.2311.Are mesh cribs or port-a-cribs allowed?

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606519

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


SUBCHAPTER I. BASIC CARE REQUIREMENTS FOR TODDLERS

40 TAC §§747.2401, 747.2405, 747.2407

These amendments are proposed 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 proposed amendments implement HRC §42.042.

§747.2401.What are the basic care requirements for toddlers?

Basic care for toddlers must include:

(1) (No change.)

(2) Individual attention given to each toddler [child] including playing, talking, and cuddling;

(3) Holding and comforting a toddler who [child that] is upset; and

(4) Ensuring objects less than 1 and 1/4 inches in diameter are [be] kept out of the reach of infants or toddlers [children younger than three years].

§747.2405.What furnishings and equipment must I provide for toddlers?

Furnishings and equipment for toddlers must include at least the following:

(1) - (2) (No change.)

(3) Containers or low shelving that are accessible to toddlers, so toddlers [items children] can safely obtain the items [use] without adult intervention [direct supervision are accessible to children during the activity]; and

(4) Bottles and training [Training] cups if used, must be [that are]:

(A) Labeled with the toddler's [child's] first name and initial of last name or otherwise individually assigned to each toddler [child]; [and/or]

(B) Cleaned and sanitized between each use; and

(C) Used for drinking and feeding, and you must never allow toddlers to sleep with or walk around with a bottle or training cup.

§747.2407.What activities must I provide for toddlers?

Activities for toddlers must include at least the following:

(1) - (6) (No change.)

(7) Opportunities for social/emotional development. Examples of age-appropriate equipment or activities include dress up clothes and accessories, housekeeping equipment, unbreakable mirrors, washable dolls with accessories, items for practicing buttoning, zipping, lacing, and snapping, and baskets, tubs, and tote bags (not plastic bags) [, and baskets] for carrying and toting; and

(8) Opportunities to develop self-help skills such as toileting, hand washing, and feeding themselves.[;]

[(9) Regular meal and snack times; and]

[(10) Naptimes, during which children should be supervised according to §747.1503 of this title (relating to What does Licensing mean by "supervise children at all times"?).]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606520

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


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

40 TAC §747.2507

These amendments are proposed 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 proposed amendment implements HRC §42.042.

§747.2507.What activities must I provide for pre-kindergarten age children?

Activities for pre-kindergarten age children must include at least the following:

(1) - (6) (No change.)

(7) Opportunities for social/emotional development. Examples of age-appropriate equipment or activities include dress up clothes and accessories, mirrors, dolls, simple props for different themes, puppets, transportation toys, toy animals, and table games; and

(8) Opportunities to develop self-help skills such as toileting, hand washing, returning equipment to storage areas [area] or containers, and serving and feeding themselves.[;]

[(9) Regular meal and snack times; and]

[(10) Naptimes, or a period of rest for those children too old to nap, during which children should be supervised according to §747.1503 of this title (relating to What does Licensing mean by "supervise children at all times"?).]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606521

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


SUBCHAPTER K. BASIC CARE REQUIREMENTS FOR SCHOOL-AGE CHILDREN

40 TAC §747.2605, §747.2607

These amended rules are proposed 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 proposed amendments implement HRC §42.042.

§747.2605.What furnishings and equipment must I provide for school-age children?

Furnishings and equipment for school-age children must include:

(1) (No change.)

(2) Age-appropriate nap or rest equipment; and

(3) Containers or shelving to make [so] items accessible to the children and the items can be used safely [use] without direct supervision [are accessible to children during the activity].

§747.2607.What activities must I provide for school-age children?

Activities for school-age children must include at least the following:

(1) - (5) (No change.)

(6) Opportunities for active play both indoors and outdoors. Examples of age-appropriate active play include active games such as tag and Simon says, dancing and creative movement to music and singing, simple games, and dramatic or imaginary play that encourages running, stretching, climbing, and walking; and

(7) Opportunities for social/emotional development. Examples of age-appropriate equipment or activities include dolls with detailed, realistic accessories; role-play materials, including real equipment for library, hospital, post office, costumes, makeup, and disguise materials; puppets and puppet show equipment; transportation toys, such as small vehicles or models; play and art materials; nature materials; and human and animal figurines.[;]

[(8) Regular meal and snack times; and]

[(9) Naptimes, or a period of rest for those children too old to nap, during which children should be supervised according to §747.1503 of this title (relating to What does Licensing mean by "supervise children at all times"?).]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606522

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


SUBCHAPTER L. DISCIPLINE

40 TAC §§747.2701, 747.2711, 747.2715

These repealed rules are proposed 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 proposed repeals implement HRC §42.042.

§747.2701.To what extent may I discipline the children in my care?

§747.2711.Must I have a written discipline and guidance policy?

§747.2715.How often must I update my written discipline and guidance policy?

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606523

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


40 TAC §747.2703, §747.2705

These amended rules are proposed 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 proposed amendments implement HRC §42.042.

§747.2703.What methods of discipline and guidance may I use?

Discipline must be:

(1) Individualized and consistent for each child;

(2) Appropriate to the child's level of understanding;

(3) Directed toward teaching the child acceptable behavior and self-control; and

(4) A [You may only use] positive method [methods] of discipline and guidance that encourages [encourage] self-esteem, self-control, and self-direction, including [and include at least] the following:

(A) [(1)] Using praise and encouragement of good behavior instead of focusing only upon unacceptable behavior;

(B) [(2)] Reminding a child [the children] of behavior expectations daily by using clear, positive statements;

(C) [(3)] Redirecting behavior using positive statements; and

(D) [(4)] Using brief supervised separation or time out from the group, when appropriate for the child's age and development, which is limited to no more than one minute per year of the child's age.

§747.2705.What types of discipline and guidance or punishment are prohibited?

There must be no harsh, cruel, or unusual treatment of any child. The following types of discipline and guidance are prohibited:

(1) - (7) (No change.)

(8) Placing a child in a locked or dark room, bathroom, or closet [with the door closed]; and

(9) Requiring a child to remain silent or inactive for inappropriately long periods of time for the child's age, including requiring a child to remain in a restrictive device.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606524

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


SUBCHAPTER M. NAPTIME

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

These amended rules are proposed 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 proposed amendments implement HRC §42.042.

§747.2801. Must children have a naptime every day?

You must provide a supervised nap [sleep] or rest period for all children 18 months of age or older who are in care for five or more consecutive hours or[,] according to the child's individual physical needs. You may provide a supervised nap [sleep] or rest period for each child who attends the child-care home for fewer than five hours and whose individual physical needs call for a nap or rest period while the child is in care.

§747.2803. How long may the nap or [and] rest period [time] last each day?

The nap [planned sleep] or rest period must not exceed three hours.

§747.2805. Are children required to sleep during this time?

No. You must not:

(1) Force [force] a child to sleep, or put anything in or on a child's head or body to force the child to rest or sleep; or [.]

(2) Confine a child in a restrictive device in an attempt to make the child rest or sleep.

§747.2807.Must I provide an alternative activity for those children who cannot sleep?

(a) Yes. You must allow each child who is awake after napping or resting [or sleeping] for one hour to participate in an alternative, quiet activity until the nap/rest period [time] is over for the other children.

(b) You must take a toddler who naps [sleeps ] or rests in a crib out of the crib for other activities when he awakens.

§747.2811. May I lower the lighting in [darken] the room while children are sleeping?

Yes, you may lower the lighting [lights], provided there is adequate lighting to allow visual supervision of all children in the group at all times. Lighting in a room is adequate if a person's eyes do not need to adjust for the person to be able to see upon entering the room.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606526

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


SUBCHAPTER N. FIELD TRIPS

40 TAC §747.2907

These repealed rules are proposed 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 proposed repeal implements HRC §42.042.

§747.2907.Must I have additional caregivers present to take children on a field trip?

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606527

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


SUBCHAPTER P. NIGHTTIME CARE

40 TAC §747.3003

These amended rules are proposed 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 proposed amendment implements HRC §42.042.

§747.3003. May I provide nighttime care to children at my child-care home?

(a) You [Yes, you] may care for children both during the day and night if we approve it. Even then, a child may only be in care for:

(1) - (2) (No change.)

(b) You cannot exceed these limits [without getting a license for a residential child-care operation].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606528

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


SUBCHAPTER Q. NUTRITION AND FOOD SERVICE

40 TAC §§747.3101, 747.3109, 747.3117

STATUTORY AUTHORITY (DFPS)

The amendments are proposed 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 proposed amendments implement HRC §42.042.

§747.3101.What are the basic requirements for snack and mealtimes?

(a) You must serve all children ready for table food regular meals and morning and afternoon snacks as specified in this subchapter; including:[.]

(1) [(b)] If breakfast is served, a morning snack is not required.

(2) [(c)] A child must not go more than three hours without a meal or snack being offered, unless the child is sleeping.

(3) [(d)] If your child-care home is participating in the Child and Adult Care Food Program (CACFP) administered by the Texas Department of Agriculture, you may elect to meet those requirements rather than those specified in this subsection [section].

(b) [(e)] You must ensure a supply of drinking water is always available to each child and is served at every snack, mealtime, and after active play in a safe and sanitary manner.

(c) [(f)] You must not serve beverages with added sugars, such as carbonated beverages, fruit punch, or sweetened milk except for a special occasion such as a holiday or birthday celebration.

(d) [(g)] You must not use food as a reward.

(e) [(h)] You must not serve a child a food identified on the child's food allergy emergency plan as specified in §747.3617 of this title (relating to What is a food allergy emergency plan?).

§747.3109.May parents provide meals and/or snacks for their children instead of my child-care home providing them?

(a) - (c) (No change.)

(d) Snacks [Meals and snacks] provided by a parent must not be shared with other children, unless:

(1) A [a] parent is providing baked goods for a celebration or party being held at the home; and [operation.]

(2) You ensure that the shared snacks meet the needs of children who require special diets.

§747.3117.What general requirements apply to food service and preparation?

All food and drinks must be of safe quality and stored, prepared, distributed, and served under sanitary and safe conditions, including [at least the following]:

(1) - (4) (No change.)

(5) You must serve children's food on plates, napkins, or other sanitary holders, such as a high chair tray, and you must not place food [them] on a bare table or eating surface, which includes the floor;

(6) - (8) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606529

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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

STATUTORY AUTHORITY (DFPS)

The new rule and amendments are proposed 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 proposed new rule and amendments implement HRC §42.042.

§747.3203.What steps must I take to ensure a healthy environment for children at my child-care home?

You must clean, repair, and maintain your child-care home, grounds, and equipment to protect the health of the children, including[. This includes, but is not limited to]:

(1) Setting aside toys and equipment that are placed in children's mouths or are otherwise contaminated by body secretion or excrement, to be sanitized daily or before handling by another child;

(2) Machine washing used cloth toys [, if used,] at least weekly and when contaminated;

(3) Machine washing used [all] linens at least weekly, and when soiled and before another child uses them;

(4) - (5) (No change.)

(6) Emptying water play tables and toys used in water play tables daily, [and] sanitizing, and ensuring children and caregivers wash their hands before using the water table;

(7) - (8) (No change.)

(9) Keeping all floors, ceilings, and walls in good repair and clean;[.]

(10) Ensuring paints [Paints] used at the child-care home are [must be] lead-free;

(11) [(10)] Keeping all parts of the child-care home used by children well heated, lighted, and ventilated;

(12) [(11)] Sanitizing table tops, furniture, and other similar equipment used by children when soiled or contaminated with matter such as food, body secretions, or excrement;

(13) [(12)] Clearly marking cleaning supplies and other toxic materials and keeping them separate from food and inaccessible to children; and

(14) [(13)] Using, storing, and disposing of hazardous materials as recommended by the manufacturer.

§747.3211.When must caregivers wash their hands?

Caregivers must wash their hands:

(1) - (6) (No change.)

(7) After handling or cleaning bodily [body ] fluids, such as after tending sores and wiping noses, mouths, or bottoms [, and tending sores];

(8) - (10) (No change.)

(11) After eating, drinking, or smoking; [and]

(12) After using any cleaners or toxic chemicals; and [.]

(13) After removing gloves.

§747.3215.How must children and caregivers wash their hands?

Children 18 months and older and caregivers must wash their hands with soap and running water. [An alcohol-based hand sanitizer may be used by caregivers on visibly clean hands when soap and running water are not readily accessible, except before handling food. You must follow label directions when using alcohol-based hand sanitizers.]

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

You may use hand sanitizers as a substitute for washing hands under the following conditions:

(1) 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;

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

(3) You store hand sanitizers out of the reach of children when not in use;

(4) 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; and

(5) Children have adult supervision when using hand sanitizers.

§747.3217.How must I wash an infant's hands?

(a) (No change.)

(b) Use soap and running water as specified in this division when infants are old enough to be raised to the faucet and reach for the water and any other time that the caregiver has reason to believe the infant [child] has come in contact with substances that could be harmful to the infant [child].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606530

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


40 TAC §747.3205, §747.3207

STATUTORY AUTHORITY (DFPS)

The repeals are proposed 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 proposed repeals implement HRC §42.042.

§747.3205.What does Licensing mean when it refers to "sanitizing"?

§747.3207.What is a disinfecting solution?

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606531

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


DIVISION 2. DIAPER CHANGING

40 TAC §§747.3301, 747.3303, 747.3307

STATUTORY AUTHORITY (DFPS)

The amendments are proposed 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 proposed amendments implement HRC §42.042.

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

Caregivers must:

(1) (No change.)

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

(3) (No change.)

(4) Not apply powders, creams, ointments, or lotions unless [without] the parent's written permission is obtained. If the parent supplies these items, permission is implicit and you do not need to obtain permission for each use;

(5) (No change.)

(6) Keep all diaper-changing supplies out of the reach of children [children's reach].

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

(a) - (b) (No change.)

(c) To prevent a child from falling, a diaper changing surface that is above the floor level:

(1) Must have a safety mechanism (such as [safety straps or] raised sides) that is used at all times when a child is on the surface; or

(2) The caregivers hand must remain on the child or the caregiver must be facing the child at all times when the child is on the surface.

§747.3307.What must I do to prevent the spread of germs when diapering children?

(a) - (b) (No change.)

(c) If you use disposable gloves, you must discard them after each diaper change and wash your hands with soap and running water [as specified in §747.3215 of this title].

[(d) You must cover containers used for soiled diapers or keep them in a sanitary manner, such as placing soiled diapers in sealed bags.]

(d) [(e)] You must sanitize the diapering-changing [diapering] surface after each use, [as specified in §747.3205 of this title (relating to What does Licensing mean when it refers to "sanitizing"?),] or use a clean, disposable covering on the diapering surface that must be changed after each use.

(e) You must cover containers used for soiled diapers or keep them in a sanitary manner, such as placing soiled diapers in a tied, sealed, or otherwise closed plastic bag.

(f) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606532

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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

STATUTORY AUTHORITY (DFPS)

The new rule and amendments are proposed 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 proposed new rule and amendments implement HRC §42.042.

§747.3401.What type of illness would prohibit a child from attending the child-care home [being admitted for care]?

You must not allow an ill child to attend your child-care home [admit an ill child for care] if one or more of the following exists:

(1) - (2) (No change.)

(3) The child has one of the following[,] (unless a medical evaluation by a health-care professional indicates that you can include the child in the child-care activities):

(A) An oral [Oral] temperature above 101 degrees that is [and] accompanied by behavior changes or other signs or symptoms of illness;

(B) A tympanic (ear) temperature above 100 degrees that is accompanied by behavior changes or other signs or symptoms of illness. Tympanic thermometers are not recommended for children under six months old [Rectal temperature above 102 degrees and accompanied by behavior changes or other signs or symptoms of illness];

(C) An axillary (armpit) [Armpit] temperature above 100 degrees that is [and] accompanied by behavior changes or other signs or symptoms of illness;

(D) Symptoms and signs of possible severe illness, such as lethargy, abnormal breathing, uncontrolled diarrhea, two or more vomiting episodes in 24 hours, rash with fever, mouth sores with drooling, [wheezing,] behavior changes, or other signs that the child may be severely ill; or [and]

(4) (No change.)

§747.3403.What communicable diseases would exclude a child from attending my child-care home?

You must follow the communicable disease exclusions required for schools as defined by the Texas Department of State Health Services (DSHS) in 25 TAC §97.7 (relating to Diseases Requiring Exclusion from Schools). [You can access this information from DSHS or Licensing staff.]

§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 [critical] illness or injury that requires the immediate attention of a health-care professional?

For an [If critical] illness or injury that requires the immediate attention of a health-care professional [physician], 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) (No change.)

(3) Contact the child's parent [physician identified in the child's record];

(4) Contact the physician identified in the child's record [the child's parent]; and

(5) (No change.)

§747.3411.What must a policy for protecting children from vaccine-preventable diseases include?

A licensed child-care home that is not located in the primary caregiver's own residence must have a policy for protecting the children in your care from vaccine-preventable diseases. The policy must:

(1) - (8) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606533

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


SUBCHAPTER S. SAFETY PRACTICES

DIVISION 1. SAFETY PRECAUTIONS

40 TAC §§747.3503, 747.3505, 747.3507

STATUTORY AUTHORITY (DFPS)

The amendments are proposed 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 proposed amendments implement HRC §42.042.

§747.3503.How can [may] 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 [appears to endanger] the health or safety of the children must not be present when children are in care.

(b) - (c) (No change.)

(d) People must not smoke or use tobacco products, e-cigarettes, or any type of vaporizers during operating hours in your child-care [the child- care] home, garage, on the playground, in transportation vehicles, or during field trips.

§747.3505.Are firearms or other weapons allowed at my child-care home?

(a) Firearms, hunting knives, bows and arrows, or other weapons kept on the premises of a child-care home must remain in a locked cabinet that is inaccessible to children during all hours of operation, with the exception of peace officers as listed in §2.12 of the Code of Criminal Procedure and security officers commissioned by the Texas Private Security Board [law enforcement officials] who are trained and certified to carry a firearm and ammunition.

(b) Ammunition must be kept [You must keep ammunition] in a separate locked cabinet that is [and] inaccessible to children during all hours of operation.

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

[No.] Toys or other types of equipment that explode or that shoot things, such as caps, BB guns, darts, or fireworks, are prohibited for children's use at the child-care home and on field trips, and must remain in a locked cabinet, inaccessible to children during all hours of operation.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606534

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


DIVISION 2. MEDICATION AND MEDICAL ASSISTANCE

40 TAC §747.3601, §747.3619

STATUTORY AUTHORITY (DFPS)

The amendments are proposed 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 proposed amendments implement HRC §42.042.

§747.3601.What does "medication" refer to in this division?

In this division, medication means:

(1) (No change.)

(2) A non-prescription medication, excluding topical ointments such as diaper ointment, insect repellant, or sunscreen.

§747.3619.When must I have a food allergy plan for a child [is this plan required]?

You must have a [A] food allergy emergency plan [is required] for each child with a known food allergy that has been diagnosed by a health-care professional. The child's health-care [health care] professional and parent must sign and date the plan. You must keep a copy of the plan in the child's file.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606535

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


DIVISION 3. ANIMALS AT MY CHILD-CARE HOME

40 TAC §747.3701

STATUTORY AUTHORITY (DFPS)

The amendment is proposed 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 proposed amendment implements HRC §42.042.

§747.3701.What steps must I take to have animals at my child-care home or on field trips?

If you choose to have animals on the premises of your child-care home while children are in care or on field trips, you must:

(1) - (4) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606537

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


DIVISION 5. RELEASE OF CHILDREN

40 TAC §747.3903

STATUTORY AUTHORITY (DFPS)

The amendment is proposed 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 proposed amendment implements HRC §42.042.

§747.3903.How does a caregiver [do I, or someone assisting me in my child-care home,] verify the identity of a parent or a person a parent has designated to pick up the child?

(a) You must develop policies for the release of children, including a plan to verify the identity of a person authorized to pick up a child, but whom the caregiver does not know. If your child-care home transports children, the plan must include verifying the identity of a person to whom you release a child from a child-care home transportation vehicle.

(b) Caregivers must be the individuals responsible for overseeing the release of children in care.

(c) [(b)] Your policies must include a reasonable means to record the identity of the individual, such as making a copy of a valid photo identification or instant photograph of the individual or recording the driver's license number or license plate number [car tag numbers, or making a copy of a valid photo identification or instant photograph of the individual]. You must retain this information in the child's record for at least three months.

(d) [(c)] You must instruct all caregivers and household members, who are 14 years of age [old] and older who are regularly or frequently present at the child-care home while children are in care, of [in] your policies for the release of children, including the verification plan. [Caregivers must handle the release of children in care.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606538

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


SUBCHAPTER T. PHYSICAL FACILITIES

DIVISION 1. INDOOR SPACE REQUIREMENTS

40 TAC §747.4011, §747.4015

These amended rules are proposed 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 proposed amendments implement HRC §42.042.

§747.4011.How does Licensing determine the indoor useable activity space?

(a) We determine the indoor useable activity space by:

(1) Measuring all indoor useable activity space from wall to wall on the inside at floor level;

(2) Rounding all measurements up to the nearest inch;

(3) Excluding single-use areas, which are areas not routinely used for children's activities, such as a bathroom, hallway, storage room, cooking area of a kitchen, swimming pool, and storage building[. See §747.105(44) of this title (relating to What do certain words and terms mean when used in this chapter?) for more information on single-use areas]; and

(4) (No change.)

(b) We use the sum of the measurements to calculate the indoor useable activity space and to determine the maximum number of children you may care for. §747.4015.May I care for children above or below ground level?

You must not care for children on any level above or below ground level without written approval from the state or local fire marshal. [If your child-care home was registered or licensed before September 1, 2003, you have one year from September 1, 2003, to obtain written approval or relocate all care to the ground level.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606539

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


DIVISION 2. OUTDOOR SPACE REQUIREMENTS

40 TAC §747.4107

These repealed rules are proposed 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 proposed repeal implements HRC §42.042.

§747.4107.Does the fence requirement apply to my home if it was registered or licensed before September 1, 2003?

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606540

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


40 TAC §747.4113

These amended rules are proposed 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 proposed amendments implement HRC §42.042.

§747.4113.Must the outdoor activity space area be connected to the child-care home?

We must approve a plan to use an outdoor activity space area that is not connected to your child-care home, such as a near-by park, schoolyard, or other alternative. All outdoor activity areas used by children must be accessible from the home by a safe route. We will consider the following criteria before approving the plan:

(1) - (4) (No change.)

(5) Neighborhood circumstances, [Safety] hazards, and risks, including [related to] the crime rate for the area;

(6) - (8) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606541

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


DIVISION 3. TOILETS AND SINKS

40 TAC §747.4203

These amended rules are proposed 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 proposed amendments implement HRC §42.042.

§747.4203.Where must the sink and toilet be located for children's use?

(a) - (b) (No change.)

(c) Children must be able to safely and independently access the sink for hand washing. [For further information on hand washing, refer to §747. 3215 of this title (relating to How must children and caregivers wash their hands?).]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606542

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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

These amended rules are proposed 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 proposed amendments implement HRC §42.042.

§747.4301.Must I use child-sized tables and chairs for children?

(a) No, but[; however,] you must ensure that any table or chair used by a child is safe, easy to clean, and of a height and size that the child can use it safely and easily.

(b) If the manufacturer requires safety straps on a chair, then the safety straps must be fastened whenever a child is using the chair.

§747.4303.Must I provide a cot or mat for each child to sleep or rest on?

(a) Yes. You must provide or have the parent provide [the following:]

[(1) An individual crib meeting requirements specified in Subchapter H of this chapter (relating to Basic Care Requirements for Infants) for each non-walking child younger than 18 months to sleep or rest in;]

[(2)] an [An] individual cot, bed, or mat that is waterproof or washable for each walking child through four years old to sleep or rest on.[;]

[(3) Individual arrangements for sleep or rest for children five years and older who are in care for more than five hours per day, or whose individual care needs require a nap or rest time.]

(b) Cots, beds, or mats must be labeled with the child's name. As an alternative, you may label [Labeling] cots, beds, or mats with a number and have a number/child [related to a number] assignment map available [may be used as an alternative].

(c) (No change.)

§747.4305.Must I have storage for each child's individual belongings?

Yes. You must have individual lockers, cubicles, baskets, separate hooks and shelves, or other adequate storage space for each child's personal belongings. You must clearly label the storage space with the child's name, a photograph of the child, or other symbol the child [he] recognizes [as his own].

§747.4307.Must I have a telephone at my child-care home?

Yes. You must have a working telephone or cellular phone at your child-care home with a listed telephone number. [The telephone must not be a coin-operated pay phone.]

§747.4309.May I have indoor lofts?

(a) You may have an indoor loft that is [Yes, as long as the lofts are] designed and used as an extension of the learning area, if [and] you comply with the following safety standards:

(1) (No change.)

(2) Stairs and steps, regardless of height, must have handrails the children can reach. Rung ladders do not require handrails;

(3) [(2)] Platforms over 20 inches in height must be equipped with protective barriers that prevent children from crawling over or falling through the barrier, or becoming entrapped; and

[(3) Stairs and steps, regardless of height, must have handrails the children can reach. Rung ladders do not require handrails.]

(4) Section 747.4015 of this title (relating to May I care for children above or below ground level?).

(b) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606543

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


40 TAC §747.4311

These repealed rules are proposed 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 proposed repeal implements HRC §42.042.

§747.4311.If my child-care home was registered or licensed before September 1, 2003, will I be given an opportunity to comply?

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606544

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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

These amended rules are proposed 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 proposed amendments implement HRC §42.042.

§747.4401.What minimum safety requirements must my active play equipment meet?

Indoor and outdoor active play equipment [and supplies] used both at and away from the child-care home must be safe for the children as follows:

(1) (No change.)

(2) The design, scale, and location of the equipment must be used according to the manufacturer's instructions [appropriate for the body size and ability of the children using the equipment];

(3) - (10) (No change.)

§747.4407.What special maintenance procedures must I follow for my active play space and equipment?

(a) You or someone you designate must inspect the indoor and outdoor active play space and equipment daily before children go out to play to ensure there are no hazards present.

(b) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606545

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


DIVISION 5. INFLATABLES

40 TAC §747.4751

These amended rules are proposed 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 proposed amendments implement HRC §42.042.

§747.4751.May I use inflatable active play equipment?

You [Yes, you] may use inflatable equipment both at and away from your child-care home if you follow these guidelines [as long as it meets the following]:

(1) You use enclosed [Enclosed] inflatables (such as bounce houses or moon bounces/walks) according to the manufacturer's instructions [must only be used by one child at a time];

(2) You use open [Open] inflatables (such as obstacle courses, slides, or games) [must be used] according to the manufacturer's label and instructions for the user; and

(3) Inflatables that include water activity [must] also comply with all applicable requirements in Subchapter V of this chapter (relating to Swimming Pools, [and] Wading/Splashing Pools, and Sprinkler Play).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606546

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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

These amended rules are proposed 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 proposed amendments implement HRC §42.042.

§747.4803.How should the swimming pool be [built and] maintained?

Swimming pools at the child-care home must be maintained according to the standards of the Texas Department of State Health Services for public pools, and any other state or local regulations.

§747.4807.Must I have a fence around [How must I prevent children's unsupervised access to] a swimming pool at my child-care home?

(a) - (d) (No change.)

§747.4809.Does having a fence affect my [relieve me of the] duty to supervise children's access to the pool?

No. Although a fence and locked access provides a layer of protection for a child who strays from supervision and may deter some children from entering the pool area, these do not replace the need to supervise children at all times [for constant adult supervision] and monitoring of safety features to protect children from unsupervised access to the pool.

§747.4815.Are there specific safety requirements for sprinkler play?

(a) You must ensure that no child uses [not allow] sprinkler equipment [to be used by children] on or near a hard, slippery surface, such as a concrete driveway, sidewalk, or patio.

(b) You must not leave a child alone with the sprinkler equipment.

(c) You must store sprinkler equipment and water hoses out of the reach of children when not in use [so that they do not present a hazard to children].

(d) You must maintain your splash pad/sprinkler play area according to manufacturer's instructions.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606547

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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


SUBCHAPTER W. FIRE SAFETY AND EMERGENCY PRACTICES

DIVISION 2. EMERGENCY PREPAREDNESS

40 TAC §747.5013

These amended rules are proposed 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 proposed amendments implement HRC §42.042.

§747.5013.May [I count] a window count as one of the designated exits for my child-care home?

[Yes.] You may count a window as an exit for your child-care home if all children in care and caregivers are physically able to get through the window to the ground outside [the child-care home] safely and quickly.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606548

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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

These amended rules are proposed 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 proposed amendments implement HRC §42.042.

§747.5101.Must my child-care home have a fire-extinguishing system?

Yes. Your child-care home must have a fire-extinguishing system. This may be a sprinkler system and/or fire extinguishers. The [local or] state or local fire marshal must approve a sprinkler system.

§747.5103.Am I required to have a [What type of] fire extinguisher [am I required to have]?

[(a)] Yes, you [You] must have at least one 3A-40BC dry chemical fire extinguisher, or a fire extinguisher [one] approved by a [local or] state or local fire marshal.

[(b) If you were registered or licensed before September 1, 2003, you may use at least one 40BC rated fire extinguisher until your fire extinguisher is due to be serviced or your permit to operate is no longer valid.]

§747.5105.Where must I mount the fire extinguisher?

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

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

(a) You must:

(1) Inspect [inspect] the fire extinguisher monthly;[.]

(2) Record [You must record] the date of the [fire extinguisher] inspection; and

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

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

§747.5109.How often must I inspect my sprinkler system?

If you use a sprinkler system:[,]

(1) The [the system] monitoring company or a [local or] state or local fire marshal must test the system at least annually;[.]

(2) You must document [Document ] the date of the inspection, and the name and telephone number of the inspector; and[.]

(3) You must keep [Keep] the most recent inspection report at your child-care home.

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

You must:

(1) Test [test] all smoke detectors monthly;[,]

(2) Record [record] the date of the test and date of the installation of new batteries; [inspection,] and

(3) Keep [keep] this record at your child-care [home for review by Licensing during hours of operation].

§747.5117.How often must I have an electronic smoke alarm system tested?

If you use an electronic smoke alarm system;[,]

(1) The [the] monitoring company[,] or state or local fire marshal must test the system at least annually;[.]

(2) You must document [keep documentation of] the date of the inspection and the [at the child-care home that indicates the date of the inspection and the inspector's] name and telephone number of the inspector; and[.]

(3) You must keep the most recent inspection report at your child-care home.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606549

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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

These amended rules are proposed 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 proposed amendments implement HRC §42.042.

§747.5401.What types of transportation does Licensing regulate?

We regulate all [any] transportation provided by or for the child-care home to children in care, including[, but not limited to,] transportation between the child's home and the school, the child's home and your home, your home and the school, your home or the school and field trip locations, and your home or the school and [or ] other drop-off locations [authorized by the parent].

§747.5405.What safety precautions must I take when loading and unloading children from the vehicle?

You must take the following precautions when loading and unloading children from any vehicle, including any type of bus:

(1) You must load and unload children at the curbside of the vehicle or in a protected parking area or driveway;[.]

(2) You must not allow a child to cross a street anytime [unless the child is accompanied by an adult anytime] before a child enters [entering] or exits [after leaving] a vehicle, unless the child is accompanied by an adult;[.]

(3) You must account for all children exiting the vehicle before leaving the vehicle unattended; and[.]

(4) You must never [not] leave a child unattended in a vehicle.

§747.5407.What child passenger safety seat [restraint] system must I use when I transport children?

(a) You must use a child passenger safety seat system to restrain a child when transporting the child. The restraint system must meet the federal standards for crash-tested systems as set by the National Highway Traffic Safety Administration and must be properly secured in the vehicle according to manufacturer's instructions.

(b) [(a)] You must secure each child in an infant safety seat, rear-facing convertible child safety seat, forward-facing child safety seat, child booster seat, safety vest, harness, or a safety belt, as appropriate to the child's age, height, and weight according to manufacturer's instructions for all vehicles specified in subsection (d) of this section, unless otherwise noted in this subchapter.

[(b) All child passenger safety restraint systems must meet federal standards for crash-tested restraint systems as set by the National Highway Traffic Safety Administration, and must be properly secured in the vehicle according to manufacturer's instructions.]

(c) - (d) (No change.)

§747.5409.Must caregivers and/or the driver wear a safety belt?

(a) The driver must be properly restrained by a safety belt before starting the vehicle and at [during] all times the vehicle is in motion.

(b) (No change.)

§747.5411.May parents provide the child passenger safety seat equipment required for their child?

[Yes.] Parents may provide the child passenger safety seat system for use in transporting their child, if the equipment is appropriate and can be properly secured in the vehicle. You must use the equipment according to manufacturer's instructions.

§747.5417.Must I carry specific information [equipment] in the vehicles used [vehicle I use] 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 carry a current driver's license.

§747.5419.What [Must I have a] plan must I have to handle transportation emergencies?

[Yes.] You must ensure the caregiver who is transporting a child has [driver/caregivers have] clear instructions for [on] handling emergency breakdowns and accidents, including vehicle evacuation procedures, supervision of the children, and contacting emergency help.

§747.5421.Must I have a communications device in a transportation [the] vehicle?

Yes, in case of an emergency you must have a communications device such as a cellular phone or two-way radio when transporting a child. [No, you are not required to have a communications device such as a cellular phone, message pager, or two-way radio in the vehicle unless you are on a field trip.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606550

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Earliest possible date of adoption: January 22, 2017

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