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
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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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.
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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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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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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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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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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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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.
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.
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 |
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.
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.
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 |
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.