Child Care Licensing
Handbook Revision, June 1, 2015
This revision of the Licensing Policy and Procedures Handbook was published on June 1, 2015. Summaries of new or revised items are provided below.
Scanning Photos Using iPhone App
Licensing Responsibilities Related to a CPA Internal Investigation
Conducting Surveillance During Corrective Action
Amending a Citation as a Result of an Administrative Review
Holding Administrative Reviews for Controlling Persons
Following Up on Automatic Revocations
Scanning Photos Using iPhone App (PATS 7872)
The items below are revised to accommodate DFPS's allowance of the use of an app on staff's mobile phones which makes PDFs from scanned documents. Revised policy will allow staff to use this tool to capture violations of minimum standards, includes a deadline to download and store evidence gathered during inspections and non-abuse/neglect investigations, and removes the requirement of using paper forms to document photos.
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1400 Digital Photographs, Video, and Scanned Information
1420 Using Photographs, Video, and Scanned Information as a Regulatory Tool
1421 Using Audio as a Regulatory Tool
1422 Photographs and Video of Children
1424 Inappropriate Use of Photographs or Video
1430 Documenting and Storing Digital Photographs, Video, Scanned Information, and Audio From Inspections or Non-Abuse or Neglect Investigations
1431 Documenting Photographs, Video, and Scanned Information from Inspections or Non-Abuse or Neglect Investigations
1432 CD Storage of Digital Photographs, Video, and Scanned Information For Inspections or Non-Abuse or Neglect Investigations
1433 Documenting and Storing Printed Photographs Received From an Outside Source
1440 Documenting and Storage of Digital Photographs, Video, and Scanned Information for Abuse or Neglect Investigations
1441 Storage of Digital Photographs, Video, and Scanned Information for Abuse or Neglect Investigations
1442 Documenting Photographs, Video, and Scanned Information From Abuse or Neglect Investigations
1443 IMPACT Storage of Digital Photographs From Abuse or Neglect Investigations
Inspection Requirements (PATS 8057)
The items below are revised to:
• indicate that only background checks for individuals involved in the investigation are evaluated during an investigation inspection;
• provide clarification on walk-through inspections; and
• provide direction on evaluating compliance with:
• controlling person requirements,
• conditions or restrictions relating to the permit,
• waiver or variance, and
• risk evaluation.
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4150 Conducting Inspections
4150.4 Additional Requirements for Investigation Inspections
4151 Operation Walk-Throughs
4151.1 Exceptions for an Investigation Inspection
4151.2 Exceptions for a Follow-Up Inspection
4152 Reviewing Restrictions and Conditions
4152.1 When an Operation Repeatedly Fails to Meet Restrictions or Conditions
4153.2 Reviewing Background Check Records During Inspections
4153.3 Reviewing Information on Controlling Persons
4153.4 Reviewing Records at a Central Administrative Location
4161.2 Documenting Inspection Results on CLASS Form 2936
4161.21 Documentation of the Findings Evaluated From the Inspection
4161.22 Limits to Documenting Names of Children
4161.23 Limits to Documenting Names of Operation Employees
5380 Determining Compliance With Background Check Requirements
Clarification for LPPH 6280 (PATS 8067)
The items below are revised to clarify that a child living in a verified foster home of a relative or fictive kin is considered "in the care of an operation."
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6280 Referring a Report of Abuse or Neglect for Investigation When New Allegations Are Received During an Investigation
6533 Agencies Responsible for Investigations in CPA and CPS Homes
Licensing Responsibilities Related to a CPA Internal Investigation (PATS 7547)
LPPH 6000 is being revised to provide clarity and consistency with regard to handling CPA internal investigations.
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6532.3 Licensing Responsibilities
Conducting Surveillance During Corrective Action (PATS 8017)
The items below are revised to clarify that surveillance may be conducted during corrective action.
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Items affected:
7436 Inspecting an Operation During an Evaluation and Probation
7437 Conducting Surveillance During Evaluation and Probation
7438 7437 Recommending Early Removal From Evaluation or Probation
7439 7438 Ending Evaluation and Probation
7439.1 7438.1 When Compliance Has Been Established
7439.2 7438.2 When Compliance Has Not Been Established for an Operation on Evaluation
7439.3 7438.3 When Compliance Has Not Been Established for an Operation on Probation
7439.4 7438.4 Continuing Evaluation or Probation
Amending a Citation as a Result of an Administrative Review (PATS 8072)
This policy update clarifies that forms/letters should be updated to reflect the outcome of an administrative review if the decision is made to amend a decision or action taken by Licensing.
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7716.3 Amending an Action or Decision as the Result of an Administrative Review
7717.1 Notifying an Operation of the Outcome of the Administrative Review
Holding Administrative Reviews for Controlling Persons (PATS 8077)
This policy change clarifies the order of 1) an administrative review for the revocation of an operation and 2) an administrative review decision to designate a person as a controlling person. When held separately, the review of the operation must come first before the review of each controlling person.
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7772 Process of Providing an Administrative Review of the Designation as a Controlling Person
7772.4 Decision to Designate a Controlling Person Is Upheld
Following Up on Automatic Revocations (PATS 7587)
The items below are revised to:
• include a time frame for inspecting an operation after automatic revocation;
• add the requirement of a follow up inspection after automatic suspension;
• remove the use of DFPS Automated forms for automatic revocations; and
• clarify what types of inspection will be conducted after sending the automatic suspension and revocations letters.
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7800 Automatic Actions
7810 Automatic Suspensions
7811 Auto-Suspension Letters
7811 When to Process an Automatic Suspension
7812 How to Process an Automatic Suspension
7813 Conducting Follow Up to Automatic Suspension
7813.1 The Operation or Home is Caring for Children
7813.2 If the Operation or Home has Stopped Providing Care or is No Longer Operating
7814 7812 Ending the an Automatic Suspension
7820 Automatic Revocations
7821 Auto-Revocation Letters
7821 Conducting Follow-Up to an Automatic Revocation
7821.1 The Operation or Home is Caring for Children
7821.2 Closing an Operation or Home Due To Auto-Revocation
7822 Closing an Operation After an Automatic Revocation