Child Care Licensing
Handbook Revision, December 2015
This revision of the Licensing Policy and Procedures Handbook was published on December 1, 2015. Summaries of new or revised items are provided below.
Documenting Follow-Up With an Operation
Sex Offender Proximity Matches
Documenting Observations Made During the Inspection
Investigations Involving Allegations of Abuse or Neglect
Administrative Penalty Updates
General Revisions to LPPH 3000 and 4000
Policy Updates Related to Sex Offender Proximity Matches
Distribution of the Preliminary and Final Child Death Report
Unannounced Inspections for P3 Investigations
Documenting Follow-Up With an Operation (PATS 7847)
This item is being revised to clarify documentation requirements in CLASS relating to follow-up inspections.
Display of Revisions with Changes Highlighted (Word Document)
See:
4311.1 Documenting Follow-Up Inspections
4312 When a Follow-Up Inspection Is Not Required
4312.1 Documenting Follow-Ups When an Inspection Is Not Required
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4321 Granting Staff Additional Time to Complete a Follow-Up With an Operation
4322 Granting an Operation Additional Time to Comply With a Requirement Cited as a Deficiency
Sex Offender Proximity Matches (PATS 8562)
Licensing is no longer required, when receiving reports of sex offender proximity matches, to:
• initiate an investigation; or
• send notification letters to providers.
The items below have been revised to remove this policy.
See:
6222.3 Classifying an Intake Report as a Priority 3 Investigation
6222.6 Choosing the Priority of an Intake Report in CLASS
6232.1 Selecting Allegations of Violations in CLASS
6413.2 Initiation Methods for Priority 3 Investigations That Require Supervisory Approval
6431.2 Inspection Time Frame for Priority 3 Investigations
6540 Investigations of Matches to the Database of Sex Offenders
Documenting Observations Made During the Inspection (PATS 8567)
The item below is revised to correct a conflict between a recently published policy and an older policy in another section of the handbook. The older policy requires an investigator to document that all background rules were evaluated for persons present during the inspection and those involved in the investigation. The recent policy revision only requires that they review background check compliance for individuals involved in the investigation. The older policy is updated to reflect the recent change.
See:
6432 Documenting the Observations Made During the Inspection
Investigations Involving Allegations of Abuse or Neglect (PATS 8632)
The item below is revised to remove the requirement to include a photo log in the external documentation file. This revision is consistent with an LPPH 4000 revision published in June 2015.
See:
6752 Investigations Involving Allegations of Abuse or Neglect
Adverse Actions Notifications (PATS 8642)
This update brings policy and procedures in compliance with statutory requirements that prohibit an operation to care for children pending the outcome of a denial. Field staff have also requested clarification on which documents should be included with each adverse action letter.
Display of Revisions with Changes Highlighted (Word Document)
See:
7600 Adverse Actions
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7631 Notice of Intent to Deny, Revoke, or Suspend
7631.1 When Immediate Intervention Is Warranted at an Operation
7631.2 Creating the Notification of Intent Letter
7631.21 Requirements if the Action Taken is Denial
7631.22 Requirements When the Operation Has Been on Corrective Action or Suspension
7631.23 Requirements if the Action Taken is Revocation or Suspension and There is Risk to the Health or Safety of Children
7631.24 Notifying an Operation About the Requirements For Informing the Public About an Adverse Action
7631.25 Notifying an Operation About the Right to Request an Administrative Review
7631.26 Notifying an Operation About the Restrictions on Reapplying for a Permit
7631.27 Notifying an Operation About Restrictions on Controlling Persons
7631.3 Authorizing and Delivering the Intent to Impose Adverse Action Letter
7631.31 When The Operation Is Required to Close Immediately
7631.1 Content of the Notification of Intent Letter
7631.2 Notifying an Operation About an Adverse Action When the Operation Has Been on Probation or Suspension
7631.3 Notifying an Operation About an Adverse Action When There Is Risk to the Health or Safety of Children
7631.4 The Operation’s Requirements for Notifying the Public About an Adverse Action
7631.5 Notifying an Operation About the Right to Request an Administrative Review
7631.6 Notifying an Operation About the Restrictions on Reapplying for a Permit
7631.7 Notifying an Operation About Restrictions on Controlling Persons
7631.8 Authorizing and Delivering a Notification Letter (CLASS Form 2880)
7631.9 When Immediate Intervention Is Warranted at an Operation
7632 The Process of Administrative Review for Adverse Action
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7633 Notice of Decision to Deny, Revoke, Deny, or Suspend an Application or Permit
7633.1 Creating the Decision to Impose Adverse Action Letter
7633.11 7633.1 Requirements if There is Immediate Risk to Children
7633.12 7633.2 Right to Appeal
7633.13 7633.3 Notifying an Applicant Who Is Denied or Revoked About the Restrictions on Reapplying
7633.14 7633.4 Notifying an Operation About a Controlling Person’s Right to Request a Hearing
7633.15 7633.5 Failure to Close the Operation
7633.16 7633.6 Posting Requirements
7633.7 Rule and Statutory Attachments
7633.2 7633.8 Notifying Notifications to DFPS Entities and Other State Agencies
7633.3 7633.9 Updating the Operation’s Status in CLASS Update Operating Status
Administrative Penalty Updates (PATS 8712)
This update changes two existing procedures to match CLASS Functionality. Specifically:
(1) who can update the Administrative Penalty Details page after the recommendation has been sent to the supervisor for approval; and
(2) the CLASS procedures for sending the order to pay the penalty if the provider or controlling person fails to request due process and does not send written notice accepting the penalty.
Display of Revisions with Changes Highlighted (Word Document)
See:
7533.1 Supervisor Agrees and Legal Agree With the Recommendation
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7542 Processing the Order to Pay the Administrative Penalty
General Revisions to LPPH 3000 and 4000 (PATS 8737)
Revisions to LPPH 3000 (Application and Issuance) and 4000 (Inspections) include:
• removing follow-up by phone procedures in LPPH 3313;
• deleting references to DSHS health inspections; including any hand delivery of an adverse action notice as an “other” inspection;
• clarifying that controlling person requirements are only reviewed during application, initial, and monitoring inspections;
• clarifying that the “items regarding risk to children” checkbox needs to be checked for all inspections except investigation inspections and “other” inspections that include investigation interviews;
• clarifying that staff must send the supplemental 2936 (inspection form) to the operation within 10 days of the inspection;
• correcting the mention of an “other” inspection as a monitoring inspection;
• adding a definition for a “monitoring and investigation” inspection;
• clarifying that only photos relating to citations need to be reviewed with the operation during the exit conference;
• allowing staff to email a copy of the 2936 (inspection form); and
• clarifying that if a fire or health inspection was completed as required by a political subdivision, Licensing needs to review any conditions or restrictions issued by the political subdivision so that those conditions or restrictions can be noted (as a condition) on the permit.
Display of Revisions with Changes Highlighted (Word Document)
See:
3313 Inspecting the Operation (Except Listed Homes)
3313.6 Confirming Fire and Health Inspections (Except for Listed Homes)
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4120 Types of Inspections
4124 Initial Inspections
4125 Investigation Inspections
4126 Monitoring Inspections
4127 Monitoring and Investigation Inspections
4128 4127 Other Types of Inspections
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4141 Preparing for All Application, Initial, and Monitoring Inspections Except Investigation Inspections
4141.1 Monitoring Inspections During an Investigation
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4157 Avoiding Duplication of Child Day-Care Inspections by State Agencies
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4161.2 Documenting Inspection Results on CLASS Form 2936
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4163 Final Determination of Findings Left Pending During an Inspection
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4170 Conducting the Exit Conference
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4172 Signing and Providing a Copy of Form 2936 Child Care Facility Inspection
Policy Updates Related to Sex Offender Proximity Matches (PATS 8742)
This item is revised to be consistent with the decision to discontinue investigating sex offender proximity matches.
Display of Revisions with Changes Highlighted (Word Document)
See:
3423 How to Prepare a Registration and Listing
Distribution of the Preliminary and Final Child Death Report (PATS 8757)
This item is revised to add the CCL division administrator for Investigations to the list of people who should receive the preliminary and final child death reports.
Display of Revisions with Changes Highlighted (Word Document)
See:
6521.7 Distributing the Preliminary Child Death Report (Form 2899e) in CLASS
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6525.2 Distributing the Confirmed Child Death Report
Unannounced Inspections for P3 Investigations (PATS 8802)
The items below are revised to require that all P3 investigation inspections be unannounced and to revise the description of the allegation examples.
Display of Revisions with Changes Highlighted (Word Document)
See:
6430 Conducting Inspections
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6312.1 Writing the Allegation