Page 91

RCCL
Residential Child Care Licensing Overview

The Texas Department of Family and Protective Services is granted its authority to
regulate child care facilities and child placing agencies (CPS) by the Texas Legislature in
Chapter 42 of the Texas Human Resources Code.

The purpose of regulation is to protect a group or class of children by establishing and enforcing statewide minimum standards.

Total Average Filled Full Time Equivalent (FTE) Staff*

Investigators
64.0
Monitors
54.1
Supervisors
21.8
Other Staff
32.3
Total RCCL Staff
172.2

Worker Demographics

Demographic Subcategory Number or Percent
Turnover Rate
n/a
16.1%
Agency Tenure
Less than 1 Year
14.4%
1-3 Years
20.3%
Greater than 3 Years
65.3%
Entry Salary (INV)*
n/a
$36,976
Entry Salary (Non INV)*
n/a
$32,976
Average Age
n/a
38.6
Race/Ethnicity
Anglo
36.4%
African American
33.9%
Hispanic
27.1%
Other
2.5%

Supervisor Demographics

Demographic Subcategory Number or Percent
Turnover Rate
n/a
12.9%
Tenure as Supervisor
Less than 1 Year
18.2%
1-3 Years
36.4%
Greater than 3 Years
45.5%
Entry Salary*
n/a
$48,278
Average Age
n/a
41.8
Race/Ethnicity
African American
40.9%
Anglo
27.3%
Hispanic
27.3%
Other
4.5%

RCCL Expenditures*

RCCL Staff
$10,053,338

*Source: DFPS Office of Finance and FY 2016 Operating Budget (plus benefit replacement pay).

Description of the Monitoring/Investigation Process

Step 1: Application/Permit Issuance
  • Orientation
  • Inspection
  • Background Check
  • Technical Assistance
  • Initial License
  • Fees
  • Initial Permit
  • Non-expiring Permit
Step 2: Conduct Monitoring/Investigation
  • Routine Action: Continue to Monitoring
  • Complaint Based Action: Continue to Investigation
Step 2a: Monitoring
  • Assess Risk
  • Unannounced Inspections
  • Biennial Background Checks
  • Random Sampling of CPA Foster Homes
  • Technical assistance
Step 2b: Investigation
  • Assess Risk
  • Abuse, Neglect, or exploitation
  • Minimum Standards violations, including serious incidents
Step 3: Deficiencies Found? Reports Validated?
Step 4: Due Process
Step 5: Enforcement/Remedial Action
Types of Enforcement
  • Share results with operation and the public via CLASS application database
  • Require correction to reduce risk
  • Verify compliance
  • Adjust monitoring frequency as necessary
Types of Remedial Action
  • Corrective Action
    • Probation/Evaluation
  • Adverse Action
    • Denials
    • Suspension
    • Revocation
Step 6: Due Process

Note: The described process is for reference only and does not necessarily represent the flow of a case.

RCCL Statistics FY 2015

  • 24-Hour Care Facilities (on Aug 31): 10,495
  • Capacity of Facilities (on Aug 31): 41,073
  • Abuse/Neglect Investigations: 1,898
  • Non-Abuse/Neglect Investigations: 4,308
  • Inspections: 4,448
  • Adverse Actions: 1

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Page 92

Legal Responsibility for Child-Care Licensing

Statutory References

Day Care and Residential Care: Statutory References
Social Security Act
Human Resources Code, Chapters 40, 42, and 43
Texas Family Code, Title 5
Texas Government Code
Texas Health and Safety Code, Chapter 249
Texas Administrative Code, Title 40

Major Provisions

  • Develop minimum standards to promote the health, safety, and well-being of children in out-of-home care.
  • Inspect child-care operations to ensure they maintain compliance with minimum standards.
  • Investigate allegations of abuse/neglect, investigate violations of standards or the law and ensure appropriate enforcement actions are taken.
  • Conduct criminal background checks and DFPS Central Registry checks on all adult staff or caregivers, other adults and youth ages 14 to 18 who will be in regular or frequent contact with children in child-care operations.
  • Take corrective and adverse actions when necessary.
  • Offer consultation to potential applicants and permit holders about meeting and maintaining compliance with licensing standards.
  • Educate the general public about choosing regulated child-care and inform them of the child-care  options in Texas through media campaigns and
  • by maintaining an online database of child-care providers, including information regarding each operation's compliance history.
  • Enforce regulatory requirements for all child-care providers, including illegally operating child-care providers.
  • Conduct inspections of a random sample of agency foster homes.
  • Conduct annual enforcement team conferences to thoroughly review operations.

Other Programmatic Information:

Challenges:

  • Consistently enforcing adherence to minimum standards across the state.
  • Developing cooperative, professional, and effective relationships with operations resulting in increased compliance and stronger protection for children.
  • Providing technical assistance to all child care operations, especially focusing on those struggling to maintain compliance with standards.
  • Providing thorough, efficient and timely background check results to over a quarter of a million people each year seeking to work in child care, provide foster care or adopt a child.
  • Maximizing technology resources to improve the efficiency and effectiveness of regulatory practices and allow licensing staff to become an increasingly mobile workforce.
  • Creating standards that protect the health and safety of children in care without impacting the affordability and availability of that care.

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Page 93

Texas Child Population Ages Birth through 17 Years
Fiscal Year 2015

Region Child Population
Ages Birth - 17 Years
1 Lubbock
233,103
2 Abilene
131,651
3 Arlington
1,984,298
4 Tyler
278,160
5 Beaumont
189,027
6 Houston
1,804,107
7 Austin
831,086
8 San Antonio
739,175
9 Midland
159,694
10 El Paso
254,926
11 Edinburg
706,696
Statewide
7,311,923

Population Data Source:  Population Estimates and Projections Program, Texas State Data Center, Office of the State Demographer and the Institute for Demographic and Socioeconomic Research, The University of Texas at San Antonio. Current Population Estimates and Projections Data as of December 2015.

Page 94

Residential Child Care Licensing Operations* in Texas on August 31 by Fiscal Year

Operation Type 2011 2012 2013 2014 2015
Child Placing
Agencies (CPA)**
350
362
370
381
391
Homes
Verified by CPAs
10,167
9,849
9,676
9,692
9,866
General Residential Operations
160
157
161
156
161
Residential Treatment Centers
85
80
74
75
74
Independent Foster Family and Group Homes
4
5
4
3
3
Maternity Homes***
8
6
0
0
0
Total 
10,774
10,459
10,285
10,307
10,495

*Excludes applicants.

**Includes Branch Offices

***For more information,refer to the Child Care Licensing Definitions section.

Residential Child Care Licensing Operations in Texas on August 31 by Fiscal Year

Child Placing Agencies*

Child Placing Agencies* 2014
Count
2014 Capacity 2015
Count
2015 Capacity
Main Offices
221
NA
222
NA
Branch Offices**
160
NA
169
NA
Subtotal
381
NA
391
NA

Homes Verified by Child Placing Agencies

Homes Verified by Child Placing Agencies* 2014
Count
2014 Capacity 2015
Count
2015 Capacity
Agency Foster Homes ***
7,243
20,826
7,598
21,346
Agency Group Homes ***
649
4,181
629
4,011
CPS Foster Family Homes
1,181
3,363
1,098
3,140
CPS Foster Group Homes
12
73
7
38
CPS Adoptive Homes 
607
NA
534
NA
Subtotal
9,692
28,443
9,866
28,535

Licensed Residential Operations

Licensed Residential Operations 2014
Count
2014 Capacity 2015
Count
2015 Capacity
General Residential Operations
156
8,533
161
9,026
Residential Treatment Centers ****
75
3,520
74
3,483
Independent Foster Family Homes
0
0
0
0
Independent Foster Group Homes
3
29
3
29
Subtotal
234
12,082
238
12,538

Total Residential Child Care Licensing Operations

RCCL Operation in Texas as of Aug 31 2014
Count
2014 Capacity 2015
Count
2015 Capacity
Total Residential Child Care Licensing Operations
10,307
40,525
10,495
41,073

* Includes 11 DFPS Regional Child Placing Agencies

** Branch Offices operate under the license authority of the main office.

*** Adoptive only homes are not included in the number of private agency homes.

**** Residential Treatment Centers (RTC) are a care type of General Residential Operations (GRO). To determine the total number for the GROs, add the counts for RTCs to the counts for GROs.

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Page 95

Residential Child Care Operations on August 31, by Region and Fiscal Year

Child Placing Agencies

Region Main Offices 2014 Main Offices 2015 Branch Offices 2014 Branch Offices 2015 Total CPAs 2014 Total CPAs 2015
1 Lubbock
11
11
11
12
22
23
2 Abilene
7
7
12
12
19
19
3 Arlington
67
68
26
27
93
95
4 Tyler
6
7
11
9
17
16
5 Beaumont
4
4
6
6
10
10
6 Houston
44
44
25
27
69
71
7 Austin
38
37
17
16
55
53
8 San Antonio
32
32
15
14
47
46
9 Midland
4
4
5
6
9
10
10 El Paso
3
3
6
6
9
9
11 Edinburg
5
5
26
34
31
39
Statewide
221
222
160
169
381
391

Homes Verified by Child Placing Agencies (CPAs)

Region Agency Foster Homes 2014 Agency Foster Homes 2015 Agency Group Homes 2014 Agency Group Homess 2015 CPS Foster Homes 2014 CPS Foster Homes 2015
1 Lubbock
337
332
28
31
110
106
2 Abilene
247
272
18
27
15
5
3 Arlington
1,814
1,956
157
166
220
162
4 Tyler
290
297
19
26
105
101
5 Beaumont
166
176
20
18
120
112
6 Houston
1,643
1,677
116
99
181
144
7 Austin
950
987
74
66
139
145
8 San Antonio
1,003
1,039
131
111
101
106
9 Midland
155
189
14
11
1
0
10 El Paso
135
126
6
6
33
30
11 Edinburg
491
543
65
68
37
58
Unknown/Out of State
12
4
1
0
119
129
Statewide
7,243
7,598
649
629
1,181
1,098

Homes Verified by Child Placing Agencies (CPAs)

Region CPS Foster Group Homes 2014 CPS Foster Group Homes 2015 CPS Adoptive Homes 2014 CPS Adoptive Homes 2015 Subtotal - Homes Verified by CPAs 2014 Subtotal - Homes Verified by CPAs 2015
1 Lubbock
2
1
15
18
492
488
2 Abilene
0
0
6
4
286
308
3 Arlington
3
2
66
44
2,260
2,330
4 Tyler
0
0
35
31
449
455
5 Beaumont
2
2
22
13
330
321
6 Houston
0
0
95
84
2,035
2,004
7 Austin
2
2
106
100
1,271
1,300
8 San Antonio
1
0
203
187
1,439
1,443
9 Midland
0
0
14
9
184
209
10 El Paso
0
0
11
11
185
173
11 Edinburg
2
0
25
23
620
692
Unknown/Out of State
0
0
9
10
141
143
Statewide
12
7
607
534
9,692
9,866

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Page 96

Residential Child Care Operations, by Region and Fiscal Year

Licensed Residential Operations

Region General Residential Operations 2014 General Residential Operations 2015 Residential Treatment Centers 2014 Residential Treatment Centers 2015 Independent Foster Family Homes 2014 Independent Foster Family Homes 2015
1 Lubbock
10
10
3
3
0
0
2 Abilene
6
6
0
0
0
0
3 Arlington
18
18
7
7
0
0
4 Tyler
6
6
4
3
0
0
5 Beaumont
5
5
1
1
0
0
6 Houston
31
32
32
32
0
0
7 Austin
23
25
13
13
0
0
8 San Antonio
28
29
13
13
0
0
9 Midland
4
3
0
0
0
0
10 El Paso
6
6
1
1
0
0
11 Edinburg
19
21
1
1
0
0
Statewide
156
161
75
74
0
0
Region Independent Foster Group Homes 2014 Independent Foster Group Homes 2015 Subtotal - Licensed Residential Operations 2014 Subtotal - Licensed Residential Operations 2015 Total Residential Child Care Licensing Operations 2014 Total Residential Child Care Licensing Operations 2015
1 Lubbock
0
0
13
13
527
524
2 Abilene
0
0
6
6
311
333
3 Arlington
0
0
25
25
2,378
2,450
4 Tyler
0
0
10
9
476
480
5 Beaumont
0
0
6
6
346
337
6 Houston
3
3
66
67
2,170
2,142
7 Austin
0
0
36
38
1,362
1,391
8 San Antonio
0
0
41
42
1,527
1,531
9 Midland
0
0
4
3
197
222
10 El Paso
0
0
7
7
201
189
11 Edinburg
0
0
20
22
671
753
Unknown
141
143
Statewide
3
3
234
238
10,307
10,495

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Page 97

Licensing of Residential Child Care Operations by Region
Fiscal Year 2015

Child Placing Agencies*

Region Applications Accepted Initial Permits Issued Full Permits Issued
1 Lubbock
0
0
1
2 Abilene
0
0
0
3 Arlington
9
12
2
4 Tyler
0
0
0
5 Beaumont
0
0
0
6 Houston
6
4
4
7 Austin
0
1
1
8 San Antonio
2
2
2
9 Midland
0
0
0
10 El Paso
0
0
0
11 Edinburg
0
0
0
Statewide
17
19
10

General Residential Operations**

Region Applications Accepted Initial Permits Issued Full Permits Issued
1 Lubbock
0
0
1
2 Abilene
0
0
0
3 Arlington
1
1
0
4 Tyler
0
0
0
5 Beaumont
0
0
0
6 Houston
3
2
1
7 Austin
1
2
1
8 San Antonio
2
2
2
9 Midland
0
0
0
10 El Paso
0
0
0
11 Edinburg
1
3
2
Statewide
8
10
7

*Excludes homes verified by Child Placing Agencies

**Excluding Residential Treatment Centers.

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Page 98

Licensing of Residential Child Care Operations by Region
Fiscal Year 2015

Residential Treatment Centers*

Region Applications Accepted Initial Permits Issued Full Permits Issued
1 Lubbock
0
0
0
2 Abilene
1
1
0
3 Arlington
1
1
0
4 Tyler
1
1
0
5 Beaumont
1
0
0
6 Houston
1
1
0
7 Austin
0
0
0
8 San Antonio
0
0
0
9 Midland
0
0
0
10 El Paso
0
0
0
11 Edinburg
0
0
0
Statewide
5
4
0

Independent Foster/Group Homes

Region Applications Accepted Initial Permits Issued Full Permits Issued
1 Lubbock
0
0
0
2 Abilene
0
0
0
3 Arlington
1
0
0
4 Tyler
0
0
0
5 Beaumont
0
0
0
6 Houston
0
0
0
7 Austin
0
0
0
8 San Antonio
0
0
0
9 Midland
0
0
0
10 El Paso
0
0
0
11 Edinburg
0
0
0
Statewide
1
0
0

*Residential Treatment Centers are a subset of General Residential Operations.

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Page 99

Inspections in Residential Care Operations by Operation Type and Fiscal Year

Operation Type 2014 Operations 2014 Inspections* 2014 Percentage of Inspections Total 2015 Operations 2015 Inspections* 2015 Percentage of Inspections Total
CPA Foster Family & Group Home**
10,258
2,062
45.4%
10,675
2,183
49.1%
Child Placing Agency & Branches
434
1,266
27.9%
436
1,127
25.3%
General Residential Operation***
178
482
10.6%
175
475
10.7%
Residential Treatment Center
83
454
10.0%
85
419
9.4%
CPS Foster Family & Grp & Adoptive Home**
3,949
270
5.9%
3,626
238
5.4%
Independent Foster/Foster Group Home
5
5
0.1%
3
6
0.1%
Illegal Operation
60
4
0.1%
37
0
0.0%
Exemption Request****
8
0
0.0%
4
0
0.0%
Totals*****
14,975
4,543
100.0%
15,041
4,448
100.0%
Unduplicated Operations
14,953
n/a

*Excludes inspections conducted as part of an investigation.

**An inspection may be conducted at an agency foster home to determine whether the Child Placing Agency managing the foster home is compliant in its verification, monitoring and management of the foster home and the children in care.

***Excludes Residential Treatment Centers, which are counted separately.

****An inspection may be conducted to determine if a program is exempt from regulation.

*****Operations that change from an Illegal Operation or Exemption Request to a permitted operation type would be included in counts for both operation types. Inspections conducted as part of an investigation are excluded.

NOTE: The methodology used for this chart was modified in FY15; therefore, the data captured within it may not match prior data books.

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Page 100

Inspections in Residential Child Care Licensing Operations by Type of Inspection
Fiscal Year 2015

Child Placing Agencies

Inspection Type Count Percent
Agency Home Sample Inspections
2,421
68.2%
Monitoring
685
19.3%
Follow-up
331
9.3%
Other
111
3.1%
Total
3,548
100%

General Residential Operations

Inspection Type Count Percent
Monitoring
287
60.4%
Follow-up
97
20.4%
Other
91
19.2%
Total 
475
100%

Residential Treatment Centers

Inspection Type Count Percent
Follow-up
168
40.1%
Monitoring
158
37.7%
Other
93
22.2%
Total 
419
60%

Independent Foster/Foster Group Home

Inspection Type Count Percent
Monitoring
5
83.3%
Other
1
16.7%
Follow-up
0
0.0%
Total 
6
100%

Note: RCCL inspects agency foster homes for two reasons (1) to conduct an investigation; or (2) to determine whether the CPA managing the foster homes is compliant in its verification, monitoring and management of the foster home and the children in care. Foster home inspections for the latter purpose are periodically selected at random from across the state from the DFPS database for inspection.

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Page 101

Non-Abuse/Neglect Investigations in Residential Child Care Licensing Operations
Fiscal Year 2015

Operation Type Operations Operations with a Non-Abuse/Neglact Investigation* Completed Non-Abuse/Neglect Investigations Non-Abuse/Neglect Investigations with at Least One Deficiency Cited*
Child Placing Agencies (CPA) & Branches
436
277
2,795
479
General Residential Operations (GRO)
175
136
745
176
Residential Treatment Centers (RTC)
85
65
760
144
Independent Foster/Foster Group Homes
3
0
0
0
Licensed RCC Operations Subtotals
699
478
4,300
799
Illegal Operations
37
8
8
0
Exemption Requests
4
0
0
0
Totals
740
486
4,308
799

*An operation may have multiple investigations.

**Only includes deficiencies that are related to the investigation allegations.

NOTE: CPAs, GROs, RTCs, and Independent Foster and Foster Group Homes are all Licensed Residential Child Care Operations. RTCs are a subset of GROs and are counted separately.

Non-Abuse/Neglect Investigations* in Residential Care Licensing by Operation Type and Region
Fiscal Year 2015

Region Totals Child Placing Agencies Residential Treatment Centers General Residential Operations Illegal Operations Independent Foster / Foster Group Homes Exemption Requests
1 Lubbock
259
167
41
51
0
0
0
2 Abilene
122
108
1
13
0
0
0
3 Arlington
819
761
25
33
0
0
0
4 Tyler
162
73
52
36
1
0
0
5 Beaumont
79
52
12
15
0
0
0
6 Houston
961
469
321
168
3
0
0
7 Austin
771
525
137
107
2
0
0
8 San Antonio
623
304
158
159
2
0
0
9 Midland
63
60
0
3
0
0
0
10 El Paso
65
42
2
21
0
0
0
11 Edinburg
384
234
11
139
0
0
0
Statewide
4,308
2,795
760
745
8
0
0

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Page 102

Closed Abuse/Neglect Investigations in Residential Child Care Licensing Operations
Fiscal Year 2015

Operation Type Operations Operations with Closed Abuse/Neglect Investigation Closed Abuse/Neglect Investigations Validated Abuse/Neglect Investigations % Validated Abuse/Neglect Investigations with at Least One Deficiency Cited*
Child Placing Agencies (CPA) & Branches
436
221
1,031
41
4.0%
321
General Residential Operations (GRO)**
175
96
268
11
4.1%
84
Residential Treatment Centers (RTC)
85
64
596
20
3.4%
154
Independent Foster/Foster Group Homes
3
0
0
0
0.0%
0
Licensed RCC Operations - Subtotal
699
381
1,895
72
3.8%
559
Illegal Operations
37
3
3
1
33.3%
0
Exemption Requests
4
0
0
0
0.0%
0
Totals 
740
384
1,898
73
3.8%
559

*Only includes deficiencies that are related to the investigation allegations.

NOTE: CPAs, GROs, RTCs, and Independent Foster and Foster Group Homes are all Licensed Residential Child Care Operations. RTCs are a subset of GROs and are counted separately.

Closed Abuse/Neglect Investigations in Residential Care Operations Fiscal Year 2015

Region Totals Child Placing Agencies & Branches Residential Treatment Centers General Residential Operations Illegal Operations Independent Foster/Group Homes Exemption Requests
1 Lubbock
127
45
62
20
0
0
0
2 Abilene
44
36
1
7
0
0
0
3 Arlington
341
283
35
22
1
0
0
4 Tyler
64
28
26
10
0
0
0
5 Beaumont
30
17
7
6
0
0
0
6 Houston
491
202
226
62
1
0
0
7 Austin
266
115
105
46
0
0
0
8 San Antonio
340
159
124
56
1
0
0
9 Midland
21
19
0
2
0
0
0
10 El Paso
29
23
2
4
0
0
0
11 Edinburg
145
104
8
33
0
0
0
Statewide
1,898
1,031
596
268
3
0
0

Note: Reflects the opration type associated with the operation at the time the allegations were received.

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Page 103

Adverse and Corrective Actions in Residential Child Care Licensing Operations by Region
Fiscal Year 2013

Corrective Actions* in Residential Child Care Licensing Operations by Region

Region Total Corrective Actions Evaluation Probation
1 Lubbock
0
0
0
2 Abilene
0
0
0
3 Arlington
0
0
0
4 Tyler
2
2
0
5 Beaumont
0
0
0
6 Houston
1
1
0
7 Austin
5
4
1
8 San Antonio
0
0
0
9 Midland
0
0
0
10 El Paso
0
0
0
11 Edinburg
0
0
0
Unknown
0
0
0
Statewide
8
7
1

Adverse Actions** in Residential Child Care Licensing Operations by Region

Region Total Adverse Actions Permits Denied Permits Revoked Permits Suspended***
1 Lubbock
0
0
0
0
2 Abilene
0
0
0
0
3 Arlington
1
1
0
0
4 Tyler
0
0
0
0
5 Beaumont
0
0
0
0
6 Houston
0
0
0
0
7 Austin
0
0
0
0
8 San Antonio
0
0
0
0
9 Midland
0
0
0
0
10 El Paso
0
0
0
0
11 Edinburg
0
0
0
0
Unknown
0
0
0
0
State Total
1
1
0
0

* Only includes corrective actions for which the corrective action begin date is within the fiscal year.
** Only includes adverse actions for which the operation was notified of the decision to impose adverse action during the fiscal year. This occurs after the first phase of due process is completed and the decision to impose adverse action is upheld or waived.
*** Voluntary Suspensions are excluded from the count of suspensions.

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Page 104

Background Checks for Residential Child Care Licensing Operations
Fiscal Year 2015

Residential Child Care Licensing Operations Central Registry Checks Requested DPS Checks Requested FBI Checks Requested
CPAs, CPA Foster Agency Homes
59,607
59,604
51,128
General Residential Operations*
16,478
16,477
12,315
Residential Treatment Centers**
6,697
6,694
5,956
Independent Foster/Group Homes
675
674
631
Total
83,457
83,449
70,030

*GRO counts exclude Residential Treatment Centers.
**Residential Treatment Centers are a subset of General Residential Operations.

Child Care Administrator Credential Exam
Fiscal Year 2015

Licensed Child Care Administrators (LCCA) Count %
Passed
49
83.1%
Failed
10
16.9%
Total Exams
59
100.0%
Licensed Child Placing Agency Administrators (LCPA) Count %
Passed
49
89.1%
Failed
6
10.9%
Total Exams
55
100.0%

Total number of exams for both licenses for FY15 was 114.

Child Care Licensed Administrators on August 31, 2015

Admisitrator Type Active Inactive Total
Licensed Child Care Administrators
683
132
815
Licensed Child Placing Agency Administrators
530
42
572
Total
1,213
174
1,387

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Page 105-106

State's Top 10 Standards Deficiencies for Residential Child Care Operations

Child Placing Agencies

Rank Standard
Rule*
Description Deficiencies Percent of Total Deficiencies
1 749.607(1) Employee and caregiver responsibilities-Competency, prudent judgment, self-control in presence of children and when performing assigned tasks
93
0.0
2 749.1953(a) Corporal Punishment-May not use/threaten corporal punishment, such as hitting/spanking, forced exercise, holding physical position, unproductive work.
91
0.0
3 745.625(b) Renewal background checks submitted - No later than two years from the date of your most recently requested initial or renewal background check
75
0.0
4 745.626(b) Background check results - When FBI required, must receive FBI result prior to allowing unsupervised contact or direct access to children in care
48
0.0
5 749.2593(a)(3) Supervision-The caregiver is responsible for ensuring each child's safety and well being, including auditory and/or visual awareness of the child
47
0.0
6 749.1417(a) TB exam-Persons over 1 yr old who live, work, volunteer at operation have exam w/in 30 days, unless person had previous exam that meets requirements
44
0.0
7 749.1521(1) Medication Storage-Store medication in a locked container
39
0.0
8 749.3041(1) Physical Environment-Foster home must ensure that home is safe for children, kept clean, and in good repair
35
0.0
9 745.625(a)(6) Initial background check submitted - between 90 days before and 90 days after non-client resident becomes 14 years
31
0.0
10 749.1957(8) Other Prohibited Discipline-Humiliating, shaming, ridiculing, rejecting, or yelling at a child
30
0.0

General Residential Operations**

Rank Standard
Rule*
Description Deficiencies Percent of Total Deficiencies
1 748.507(1) Employee general responsibilities-Demonstrate competency, prudent judgment, self-control in presence of children and when performing assigned tasks
91
0.0
2 748.685(a)(4) Caregiver responsibility - providing the level of supervision necessary to ensure each child's safety and well-being
57
0.0
3 748.3301(a) Physical Site-Buildings must be structurally sound, clean, and in good repair. Paints must be lead-free
55
0.0
4 748.2003(b)(5) Administration of Medication-Ensure the child has taken the medication as prescribed
31
0.0
5 748.2307(9) Other Prohibited Punishments-subjecting a child to abusive or profane language
28
0.0
5 748.685(a)(3) Caregiver responsibility - being aware of and accountable for each child's on-going activity
28
0.0
6 748.3421(3) Poisons-Ensure poisonous or flammable materials are inaccessible to children unless child has been evaluated as capable & likely to use responsibly
23
0.0
7 748.1101(b)(4) Children's rights-Adhere to the child's rights to be free of abuse, neglect, and exploitation as defined in Texas Family Code 261.401
22
0.0
7 748.2307(8) Other Prohibited Punishments-humiliating, shaming, ridiculing, rejecting, or yelling at a child
22
0.0
8 748.2003(b)(3) Administration of Medication-Administer medications according to label instructions or a prescribing health-care professional's subsequent orders
19
0.0
9 748.2953(b) Evaluation-Operation's quarterly data on emergency behavior interventions must be reported to Licensing quarterly
18
0.0
10 748.1583(a) TB exam-Persons over 1 yr old who live, work, volunteer at facility have exam w/in 30 days, unless person had previous exam that meets requirements
17
0.0
10 748.3101(2) Fire Inspection-Must have fire inspection at least once every 12 months from date of last fire inspection
17
0.0
10 748.685(a)(5) Caregiver responsibility - being able to intervene when necessary to ensure child's safety
17
0.0

Residential Treatment Centers

Rank Standard
Rule*
Description Deficiencies Percent of Total Deficiencies
1 748.507(1) Employee general responsibilities-Demonstrate competency, prudent judgment, self-control in presence of children and when performing assigned tasks
48
0.0
2 748.3301(a) Physical Site-Buildings must be structurally sound, clean, and in good repair. Paints must be lead-free
25
0.0
3 748.2307(9) Other Prohibited Punishments-subjecting a child to abusive or profane language
23
0.0
4 748.685(a)(4) Caregiver responsibility - providing the level of supervision necessary to ensure each child's safety and well-being
21
0.0
5 748.1101(b)(4) Children's rights-Adhere to the child's rights to be free of abuse, neglect, and exploitation as defined in Texas Family Code 261.401
15
0.0
5 748.685(a)(3) Caregiver responsibility - being aware of and accountable for each child's on-going activity
15
0.0
6 748.2003(b)(5) Administration of Medication-Ensure the child has taken the medication as prescribed
14
0.0
7 748.2307(8) Other Prohibited Punishments-humiliating, shaming, ridiculing, rejecting, or yelling at a child
12
0.0
8 748.2551(a) EBI Implementation-Must be an appropriate response to the behavior demonstrated, and de-escalation must have failed
11
0.0
8 748.2551(c)(1) EBI Implementation-Caregiver must minimize risk of physical discomfort, harm, or pain to the child
11
0.0
9 748.2151(b)(5) Medication Record-Must include date (day, month, year) & time each medication was administered
9
0.0
9 748.3421(3) Poisons-Ensure poisonous or flammable materials are inaccessible to children unless child has been evaluated as capable & likely to use responsibly
9
0.0
10 748.1003(a) Child/caregiver ratio-Caregiver may care for 5 children if any require tx svcs, 8 children if not; children under 5 yrs old count as 2 children
8
0.0
10 748.1531(a)(2) Medical care-A child in care must receive medical care as needed for injury, illness, and pain
8
0.0
10 748.1583(a) TB exam-Persons over 1 yr old who live, work, volunteer at facility have exam w/in 30 days, unless person had previous exam that meets requirements
8
0.0

Independent Foster/Group Homes

Rank Standard
Rule*
Description Deficiencies Percent of Total Deficiencies
1 750.701 /
749.1409(a)(4)
General dental requirements-Child must receive dental care as needed for ongoing maintenance of dental health
2
0.00
1 750.901 /
749.2383(b)
Evaluation-Operation's quarterly data on emergency behavior interventions must be reported to Licensing quarterly
2
0.00
2 745.4151(c)(4)(B) Mandatory Drug Testing-All Employees are Subject to Random, Unannounced Drug Testing
1
0.00
2 745.625(a)(6) Initial background check submitted - between 90 days before and 90 days after non-client resident becomes 14 years
1
0.00
2 750.201(3) /
749.553(6) 
Personnel records-Include notarized Licensing Affidavit for Applicants for Employment form as specified in Human Resources Code, 42.059 
1
0.00
2 750.237(2) Active child record-Includes known allergies and chronic conditions or "no known allergies" on exterior of record or in a clearly visible location
1
0.00
2 750.401(1) /
749.981(a)(2)
First-aid-CPR training-Caregiver must be certified in CPR for infants, children, and adults before he can be only caregiver responsible for a child
1
0.00
2 750.401(1) /
749.983
First-aid-CPR renewal-Each caregiver must complete first-aid training or CPR training as required to maintain a current certification
1
0.00
2 750.503 Admission Assessment-Must be developed by a person who meets one of the four minimum qualification options in the rule
1
0.00
2 750.601 /
749.1309(b)(1)(A)
Service Plan-Must include needs identified in the admission assessment
1
0.00
2 750.601 /
749.1309(b)(1)(A)(iii)
Service Plan-Must include needs related to intellectual functioning and plans for follow-up
1
0.00
2 750.601 /
749.1309(b)(1)(D)
Service Plan-Must include goals & strategies to meet child's needs, including instructions to caregivers
1
0.00
2 750.601 /
749.1309(b)(1)(E)
Service Plan-For children 13 years old or older, must include a plan for education in required areas
1
0.00
2 750.601 /
749.1309(b)(1)(F)
Service Plan-If child is 14 years old or older, include plans for experiential life skills training
1
0.00
2 750.601 /
749.1309(b)(1)(H)
Service Plan-For children who exhibit high risk behavior, must include specific information
1
0.00
2 750.801 /
749.1893(6)
Educational needs- Caregivers must request ARD, IEP, and ITP meetings if concerned with the child's educational program
1
0.00

* Includes inspection, investigation, and assessment deficiencies.

** Count excludes Residential Treatment Centers, which are a subset of General Residential Operations.

NOTE: The following items are evaluated during most inspections and therefore may be cited more frequently: supervision of children; child/caregiver ratio; swimming pools and transportation safety, if applicable; fire, safety, sanitation requirements; responsibilities of the director, administrator, staff, or caregivers, and background checks.

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