8000 Day Care Investigations (DCI) and HHS Day Care Regulation (DCR)
SWI Policy and Procedures July 2024
This section focuses on the following divisions:
- DFPS Day Care Investigations (DCI)
- Health and Human Services Commission (HHSC) Day Care Regulation (DCR)
For information regarding residential child care operations, see 9000 Child Care Investigations (RCCI) and HHSC Child Care Regulation (CCR).
See Program Names and Acronyms on the DFPS intranet.
Intake specialists assess two types of reports related to children in day care facilities:
- Abuse, neglect, and exploitation.
- Standards compliance.
DFPS Day Care Investigations (DCI)
DCI is a division of Child Protective Investigations that investigates allegations of abuse, neglect, or exploitation of children within operations that provide care for children under the age of 14 for less than 24 hours at a time. The intake specialist completes these reports as intakes.
40 Texas Administrative Code §707.711
40 Texas Administrative Code §707.713
40 Texas Administrative Code §707.715
40 Texas Administrative Code §707.717
HHSC Day Care Regulation (DCR)
DCR is the department within the Regulatory Services Division of HHSC that regulates child day care operations. DCR was formerly known as Day Care Licensing (DCL), a term that is still used in IMPACT.
DCR handles reports that are related to the licensure or standards compliance within a child care operation but do not include any allegations of abuse, neglect, or exploitation. The intake specialist completes these reports as an I&R DCL Standards Compliance.
Texas Human Resources Code, Chapter 42
26 Texas Administrative Code §745
40 Texas Administrative Code §745
Definitions
Blatant Disregard
Real and significant harm to the child because of an act or omission by an employee, volunteer, or other person working under the auspices of a facility or program. The definition requires that both of the following are true:
- The harm is obvious to a reasonable caregiver or a reasonable member of the person’s profession in the same situation.
- The reasonable caregiver or reasonable member of the profession knows to take precautionary measures to protect the child from the impending harm.
Caregiver
A person whose duties include the supervision, guidance, and protection of a child or children.
Child
A person under 18 years of age.
Child Care Center
A day care operation that is licensed to care for seven or more children for less than 24 hours per day at a location other than the permit holder’s home.
Child in Care
Any child who is cared for in a child care operation regulated by DCR. The term is not only for children in DFPS conservatorship who are in licensed placements.
Immediate Danger
The act or omission by an employee, volunteer, or other person working under the auspices of a facility or program which placed the child in a situation that resulted in or could have resulted in substantial emotional harm or substantial physical injury to the child.
License
A type of permit issued by DCR stating that an operation has met applicable statutes, administrative rules, and minimum standards and may operate. DCR issues licenses to all operations except listed family homes, registered child care homes, and certified operations.
Licensed Child Care Home
A child day care operation that is licensed and meets the following requirements:
- The primary caregiver provides care in the caregiver’s own residence for children from birth through 13 years old.
- The total number of children in care varies with the ages of the children, but the total number of children in care at any given time, including the children related to the caregiver, does not exceed 12.
26 Texas Administrative Code §747.111.
Listed Family Home
A child day care operation that receives a listing permit and meets the following requirements:
- The caregiver is at least 18 years old.
- The caregiver provides care for compensation in the caregiver’s own home.
- The operation includes three or fewer children unrelated to the caregiver, birth through 13 years old.
- Care is provided for at least four hours a day, three or more days a week, and for more than three consecutive weeks.
- The total number of children in care, including children related to the caregiver, may not exceed 12.
Minimum Standards
The minimum requirements for child care operations that are published in the chapters of the Texas Administrative Code devoted to specific types of operations. HHSC enforces these requirements to protect the health, safety, and well-being of children.
26 Texas Administrative Code §742
26 Texas Administrative Code §743
26 Texas Administrative Code §744
26 Texas Administrative Code §746
26 Texas Administrative Code §747
Night Care
Child care offered between the hours of 9 p.m. and 6 a.m. This is regulated as child day care, not residential child care, when the children are not in care for 24 hours a day.
Operation
A person or entity offering a program that may be subject to regulation by HHSC. An operation includes the following:
- Building and grounds where the program is offered.
- Any person involved in providing the program.
- Any equipment used in providing the program.
An operation can be a child care facility or listed family home.
26 Texas Administrative Code §745.21(30)
Program
Activities and services provided by an operation.
Registered Child Care Home
A home for which the following are true:
- The registered primary caregiver provides care in the caregiver’s own residence for no more than six children from birth through 13 years.
- The caregiver may provide care during after-school hours for no more than six additional elementary schoolchildren.
- Total number of children in care at any given time, including the children related to the caregiver, must not exceed 12.
The term does not include a home that provides care exclusively for any number of children related to the caregiver.
Regular Care
Care provided for at least four hours a day, three or more days a week, for three or more consecutive weeks or for four hours a day for 40 or more days in a period of 12 months.
Regulation
The enforcement of statutes and the development and enforcement of rules, including minimum standards. Regulation includes the licensing, certification, registering, and listing of an operation or child care administrator.
Unregulated Operation
An operation that provides child care that is subject to regulation but does not have a permit and is not in the process of applying for a permit. Sometimes these operations are referred to as an “illegal operation.”
See the HHSC Child Care Regulation Handbook, Definitions of Terms.
8100 Types of Day Care Operations
8110 Day Care Operations Regulated by DCR
SWI Policy and Procedures July 2024
HHSC Day Care Regulation regulates the following types of day care operations:
- Listed family homes
- Registered child care homes
- Licensed child care homes
- Licensed child care centers
- Before- or after-school programs
- School-age programs
- Temporary-shelter day care operations
- Small employer-based child care operations
See the Child Care Investigations Handbook, 1141 Types of Child Day Care Operations.
8120 Operations Exempt from Regulation by DCR
SWI Policy and Procedures July 2024
Child care operations may be exempt from regulations by statute or because they are regulated by another agency. Intake specialists are not responsible for determining whether an operation is subject to regulation or is exempt. Day Care Regulation staff members make an exemption determination, which requires an extensive collection of information. When a report is made regarding any of these operations, the intake specialist assesses the information as either a Day Care Investigations intake or I&R DCL Standards Compliance.
8130 Unregulated Day Care Operations
SWI Policy and Procedures July 2024
An intake specialist assesses a report regarding a day care program that might be operating without required Day Care Regulation (DCR) permit the same as any other day care operation. The intake specialist completes a Day Care Investigations intake if there are allegations of abuse or neglect. If all that is known is that the operation is not regulated by DCR, the intake specialist completes an I&R DCL Standards Compliance, even when no allegations are made about the following:
- Violation of minimum standard rules.
- Indications of abuse, neglect, or exploitation.
8200 DCI Person List
SWI Policy and Procedures July 2024
The person list of a Day Care Investigations intake includes the following:
- Alleged victims.
- Alleged perpetrators.
- Other staff of the facility who might have additional information.
- Parents or guardians of the victims.
The intake specialist does not need to obtain identifying information for children or staff who were not involved in the reported incident and do not have additional information.
8210 Types
SWI Policy and Procedures July 2024
The intake specialist identifies each person on the person list with an appropriate person type. A person can be a principal or collateral. The intake specialist must obtain identifying information for all principals and at least one relevant collateral.
See 2240 Types.
8211 Principal (PRN)
SWI Policy and Procedures July 2024
Day Care Investigations defines a principal as an alleged victim or an alleged perpetrator.
See 2241 Principal (PRN).
8212 Collateral (COL)
SWI Policy and Procedures July 2024
Day Care Investigations defines a collateral (COL) as a witness or other person with additional information about the situation. A COL cannot be an alleged perpetrator or an alleged victim. Parents of the victim are always documented as collaterals.
Collaterals are always assigned the role of No Role (NO).
8213 Anonymous Reporters
SWI Policy and Procedures September 2023
A reporter may mention concerns about child abuse or neglect under CPI’s jurisdiction while making a report for DCI or DCR. A reporter can remain anonymous when making a report of abuse, neglect, or exploitation under the jurisdiction of any program except CPI. If the reporter chooses to remain anonymous, SWI cannot accept the report of child abuse or neglect under CPI’s jurisdiction.
8220 Roles
SWI Policy and Procedures July 2024
Day Care Investigations uses the following roles:
- Alleged victim (VC)
- Alleged perpetrator (AP)
- No Role (NO)
See 2250 Roles.
8221 Alleged Victim (VC)
SWI Policy and Procedures July 2024
Day Care Investigations defines an alleged victim as a child who experienced abuse, neglect, or exploitation while in care of a day care operation.
Only a child who is an actual victim in a reported incident of abuse, neglect, or exploitation is listed as a victim (VC). Each intake must have at least one alleged victim identified, even if the name or other demographics are not known.
8222 Alleged Perpetrator (AP)
SWI Policy and Procedures August 2024
DCI defines an alleged perpetrator (AP) as a person who meets both of the following criteria:
- Works under the auspices of a day care operation that DFPS has jurisdiction to investigate.
- Is alleged to have abused, neglected, or exploited a child in care.
This definition includes the following:
- Any employee or volunteer of the operation.
- Any person under contract with the operation.
- A director, owner, operator, or administrator of the operation.
- Anyone who has responsibility for the children in care.
- Anyone, including biological children of the owner who are 10 years old or older, who has unsupervised access to the children in care.
- Anyone who regularly or routinely lives at the operation, including biological children of the owner who are 10 years old or older.
- Any other person permitted by act or omission to have access to children in care.
The intake specialist creates an unknown person on the Person List when the identity of the alleged perpetrator is unknown or unclear at the time of intake.
8222.1 Child as Perpetrator
SWI Policy and Procedures July 2024
For Day Care Investigations (DCI), a child in care refers to any child who is cared for in a child care operation regulated by Day Care Regulation (DCR). A child in care is never assigned the role of alleged perpetrator in a DCI intake.
Reports Alleging Abuse or Neglect by Child in Care on Another Child in Care
When a reporter alleges that a child in care in a DCR operation is abusing or neglecting another child in care, the intake specialist does the following:
- Completes an intake for neglectful supervision.
- Lists the caregiver as the alleged perpetrator.
- Lists both the perpetrating child and the victim of the perpetrating child as victims of neglectful supervision (NSUP).
Reports Alleging Abuse or Neglect by Biological Child of the Caregiver
A caregiver’s biological child who abuses a child in care may be considered an alleged perpetrator in a DCI intake if the biological child is 10 years old or older. The intake specialist uses the child’s chronological age to determine eligibility as an AP at the intake level. The intake specialist documents all known special needs, including developmental level, in the narrative.
If a reporter alleges that a caregiver’s biological child abused or neglected a child in care, the caregiver is also listed as an alleged perpetrator of NSUP. The caregiver is ultimately responsible for the child who was abused or neglected.
8223 No Role (NO)
SWI Policy and Procedures July 2024
If the person is not involved as an alleged victim or alleged perpetrator, then the intake specialist designates the person’s role as No Role (NO). In Day Care Investigations intakes, only a collateral can be designated a role of NO.
See:
8230 Relationship or Interest (Rel/Int)
SWI Policy and Procedures July 2024
For the oldest alleged victim, the intake specialist designates the relationship or interest (Rel/Int) of oldest victim (OV). For all other people, the intake specialist designates the Rel/Int option that best describes that person’s relationship to the OV.
See 2260 Relationship or Interest (Rel/Int).
8300 DCI Allegations
SWI Policy and Procedures March 2023
Each report is assessed on a case-by-case basis. It is essential for the intake specialist to consult SWI policy, state statutes, applicable resources, and use his or her professional judgement to determine if one or more allegations are supported. If at least one allegation is supported, the intake specialist completes an intake.
8310 Abuse Allegations
SWI Policy and Procedures July 2024
Day Care Investigations investigates allegations of emotional, physical, and sexual abuse, which is defined as follows:
- An intentional, knowing, or reckless act or omission by an employee, volunteer, or other person working under the auspices of a facility or program.
- An above-described act that causes or may cause emotional harm or physical injury to, or the death of, a child served by the facility or program, as further described by rule or policy.
8311 Emotional Abuse (EMAB)
SWI Policy and Procedures July 2024
Emotional abuse is defined as any of the following:
- Mental or emotional injury to a child that results in an observable and material impairment in the child’s growth, development, or psychological functioning.
- Causing or allowing the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child’s growth, development, or psychological functioning.
- The current use of a controlled substance in a manner or to the extent that the use results in mental or emotional injury to a child.
40 Texas Administrative Code §707.787
Texas Health and Safety Code, Chapter 481
8312 Physical Abuse (PHAB)
SWI Policy and Procedures July 2024
Physical abuse is defined as any of the following:
- Physical injury that results in substantial harm to the child or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident.
- Failure to make a reasonable effort to prevent an action by another person that results in physical injury and substantial harm to the child.
- The current use of a controlled substance in a manner or to the extent that the use results in physical injury to a child.
- Causing, expressly allowing, or encouraging a child to use a controlled substance.
Minor incidents of physical discipline that do not result in physical injury are considered standards compliance issues (that is, violations of Day Care Regulation’s minimum standard rules in the Texas Administrative Code).
40 Texas Administrative Code §707.789
Texas Health and Safety Code, Chapter 481
8313 Sexual Abuse (SXAB)
SWI Policy and Procedures March 2023
Sexual abuse is defined as any of the following:
- Sexual conduct harmful to a child’s mental, emotional, or physical welfare, including conduct that constitutes any of the following offenses:
- Continuous sexual abuse of a young child or disabled individual under Texas Penal Code §21.02.
- Indecency with a child under Texas Penal Code §21.11.
- Sexual assault under Texas Penal Code §22.011.
- Aggravated sexual assault under Texas Penal Code §22.021.
- Failure to make a reasonable effort to prevent sexual conduct harmful to a child.
- Compelling or encouraging the child to engage in sexual conduct as defined by Texas Penal Code §43.01, including compelling or encouraging the child in a manner that constitutes an offense of trafficking people under Texas Penal Codes §20A.02(a)(7) or (8), solicitation of prostitution under Texas Penal Code §43.021, or compelling prostitution under Texas Penal Code §43.05(a)(2).
- Causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene as defined by Texas Penal Code §43.21, or pornographic.
- Causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child as defined by Texas Penal Code §43.25.
8320 Neglect Allegations
SWI Policy and Procedures March 2023
Neglect means an act or omission by a child’s caregiver who shows blatant disregard for consequences, and the act or omission harms or creates an immediate danger to the child’s physical health or safety.
Neglect is defined as a negligent act or omission for which the following is true:
- Is committed by an employee, volunteer, or other person working under the auspices of a facility or program.
- Causes or may cause substantial emotional harm or physical injury to, or the death of, a child served by the facility or program as further described by rule or policy.
- May include a failure to comply with an individual treatment plan, plan of care, or individualized service plan.
Texas Family Code §261.001(4)(A)(iv)
DCI investigates neglect allegations of:
- Medical neglect
- Neglectful supervision
- Physical neglect
8321 Medical Neglect (MDNG)
SWI Policy and Procedures July 2024
Medical neglect is defined as the failure to seek, obtain, or follow through with medical care for a child.
40 Texas Administrative Code §707.801
8322 Neglectful Supervision (NSUP)
SWI Policy and Procedures March 2023
Neglectful supervision is defined as an act or omission of any of the following:
- Placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child’s level of maturity, physical condition, or mental abilities, and that results in bodily injury or an immediate danger of harm to the child.
- Placing a child in or failing to remove the child from a situation in which the child would be exposed to an immediate danger of sexual conduct harmful to the child.
- Placing a child in or failing to remove the child from a situation in which the child would be exposed to acts or omissions that constitute abuse under Subdivision (1)(E), (F), (G), (H), or (K) committed against another child.
Texas Family Code §261.001(4)(A)(ii)(a)(d)(e)
Texas Family Code §261.001(1)(E), (F), (G), (H), or (K)
8323 Physical Neglect (PHNG)
SWI Policy and Procedures March 2023
Physical neglect is defined as the failure to provide a child with food, clothing, and shelter necessary to sustain the life or health of the child.
8330 Exploitation (EXPL)
SWI Policy and Procedures July 2024
Exploitation is defined as the illegal or improper use of a child or of the resources of a child for monetary or personal benefit, profit, or gain by an employee, volunteer, or other person working under the auspices of a facility or program, as further described by rule or policy.
40 Texas Administrative Code §707.799
8331 Labor (LBTR) and Sex Trafficking (SXTR) in DCI Reports
SWI Policy and Procedures March 2023
Labor trafficking is defined as any of the following:
- Knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under Texas Penal Code §20A.02(a)(5) or (6).
- Failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under Texas Penal Code §20A.02(a)(5) or (6).
In this section, “trafficked” means enticing, recruiting, harboring, transporting, enslaving, or providing to others or obtaining for oneself, a child for labor or services through force, fraud, coercion, or exploitation. It involves giving or receiving monetary or nonmonetary remuneration, including the child’s services, and a pervasive loss of freedom for the child. Labor trafficking does not require that the child actually engage in forced labor or services. The definition of labor trafficking is met as long as there is a substantial risk of the child engaging in forced labor or services.
Sex trafficking is defined as any of the following:
- Knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under Texas Penal Code §20A.02(a)(7) or (8).
- Failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under Texas Penal Code §20A.02(a)(7) or (8).
In this section, “trafficked” means enticing, luring, recruiting, harboring, transporting, enslaving, selling, or holding captive a child for sexual conduct specified in Texas Penal Code §20A.02(a)(7). It involves giving or receiving monetary or nonmonetary remuneration, including the child’s sexual services, and a pervasive loss of freedom for the child. Sex trafficking does not require force, fraud, or coercion. The definition of sex trafficking is met even if it appears that the child agrees with the conduct or does not consider herself or himself to be a victim of sex trafficking.
8400 DCI Priorities
SWI Policy and Procedures July 2024
The intake specialist assesses a Day Care Investigations intake with one of the following priorities:
- Priority 1 (P1)
- Priority 2 (P2)
8410 Priority 1 (P1)
SWI Policy and Procedures July 2024
The intake specialist completes a Priority 1 (P1) Day Care Investigations intake for either of the following scenarios:
- A child’s death, regardless of whether there are any allegations of abuse or neglect contributing to the death of the child.
- An immediate threat of serious physical or emotional harm or death of a child caused by abuse or neglect.
P1 intakes may also be appropriate when an alleged perpetrator continues to have access to children, even if the victim child was removed from the situation.
If a child in DFPS conservatorship dies while in a licensed placement, see 4632 Death of a Child in DFPS Conservatorship.
8420 Priority 2 (P2)
SWI Policy and Procedures July 2024
The intake specialist completes a Priority 2 (P2) Day Care Investigations intake when the alleged abuse or neglect does not indicate immediate risk of death or serious harm.
8500 Information and Referrals (I&Rs)
SWI Policy and Procedures July 2024
The following sections describe completing an Information & Referral (I&R) report for Day Care Regulation and Day Care Investigations (DCI).
Any report about a day care facility that does not meet the legal definition of abuse, neglect, or exploitation for DCI is either an I&R DCL Standards Compliance or an I&R to existing DCL case. The intake specialist assigns the I&R according to the Assignment Charts on the DFPS intranet. See 3000 Information & Referral (I&R) Reports.
8510 I&R DCL Standards Compliance
SWI Policy and Procedures July 2024
Day Care Regulation (DCR) investigates reports of a home or facility that is subject to DCR licensure or regulation and is allegedly failing to comply with law or minimum standard rules.
When a report about a day care operation does not involve allegations of abuse, neglect, or exploitation, the intake specialist completes an I&R DCL Standards Compliance. However, the intake specialist does not complete this I&R type simply because the facility is mentioned during the report. The I&R DCL Standards Compliance is completed only when the report is about something that has occurred at the facility or under the supervision of the facility’s staff while away from the facility (such as during a field trip).
The intake specialist does not assess what is or is not a standards violation. All concerns about a day care operation are sent to the program for review.
See 3160 Standards Compliance.
The intake specialist completes an I&R DCL Standards Compliance when all the following are true:
- SWI receives new information.
- The new information does not meet the criteria for a new intake.
- If there is an open DCI case, the new information involves an incident different from the one being investigated in the open case.
If the intake specialist completes an I&R DCL Standards Compliance, it is not necessary to complete an additional I&R to the existing DCL case.
See 8520 I&R to Existing DCI Cases.
8520 I&R to Existing DCL Case
SWI Policy and Procedures July 2024
When a subsequent report provides information about an open Day Care Investigations (DCI) case and there are no new incidents of abuse, neglect, or exploitation that meet legal definitions, the intake specialist determines whether the information is relevant to the open stage of the existing DCI case.
The intake specialist completes an I&R to existing DCL case when all the following are true:
- SWI receives new information.
- The new information does not meet the criteria for a new intake.
- The new information is relevant to the open case, or it is unclear whether the information is relevant to the open case.
If the intake specialist completes an I&R to the existing DCL case, an additional I&R DCL Standards Compliance is not necessary.
See 3120 I&R to Existing Case.
8600 Processing DCI Intakes
SWI Policy and Procedures December 2022
This section contains only documentation details unique to DCI. For a more complete reference, see 2600 Processing.
8610 Resource Section
SWI Policy and Procedures December 2023
The intake specialist completes the Resource section when processing a DCI intake.
Licensed Child Day Care Operations
Licensed child day care centers and homes are listed in IMPACT resources. The intake specialist finds a resource by searching for the operation’s full or partial name, full or partial address, or phone number. Searching for the operation by the operation’s ZIP code is also a reliable way to determine whether it is listed in IMPACT.
Unregulated Child Day Care Operations
Only regulated operations are listed in IMPACT resources. If a day care operation is unregulated, it will not be in IMPACT resources. The intake specialist manually enters any known information in the Resource section in IMPACT:
- Name, if unknown enter “Unknown” in the Resource Name field
- Selects “Other Facility” as the Resource Type
- Address
- Phone
- Selects “Basic Child Care” as the Facility Type
8620 Case Name
SWI Policy and Procedures December 2023
If the operation is a facility, the case name is the name of the child day care facility.
If the operation is a child care home, the case name is the name of the child care provider.
If the name of the child day care operation is unknown, the intake specialist enters “Unknown” as the resource name in the Resource Name field and selects the corresponding “Unknown” option as the case name.
8630 County
SWI Policy and Procedures July 2024
The intake specialist assigns a Day Care Investigations intake to the county where the day care operation is located.
8640 Law Enforcement Notification
SWI Policy and Procedures July 2024
All Day Care Investigations intakes include a notification to the law enforcement agency with jurisdiction to investigate an incident of abuse or neglect where the incident occurred. This may be a different location if the child was participating in an activity away from the operation or facility when the incident occurred.
If a report alleges any human trafficking, the intake specialist chooses both the law enforcement agency with jurisdiction and the Texas Department of Public Safety’s Joint Crimes Information Center (JCIC) for notification.
See
2670 Law Enforcement Notification
2676 When the Abuse or Neglect Incident Involves Human Trafficking
8650 Assignment and Call Out
SWI Policy and Procedures July 2024
IMPACT auto-assigns some reports. If the Auto Assign checkbox is grayed out or not appropriate, the intake specialist manually assigns the report according to the Assignment Charts on the DFPS intranet.
8700 DCI Program or Agency Jurisdiction Special Topics
8710 Determining Whether Child Care Provided in the Caregiver’s Home is Subject to Regulation by DCR
SWI Policy and Procedures December 2023
A caregiver is subject to regulation by Day Care Regulation (DCR) if all the following are true:
- The care is provided in the caregiver’s home.
- The caregiver provides care to at least one unrelated child.
- The caregiver provides care at least four hours a day, three or more days per week, for three or more consecutive weeks, or four hours a day, for 40 or more days, in a period of 12 months.
Human Resources Code §42.002(17)
If the reporter cannot provide details about the time frame the caregiver provides care, the intake specialist assumes the caregiver is subject to regulation by DCR.
If the intake specialist can determine with certainty that the caregiver is not subject to regulation, the intake specialist does not complete a Day Care Investigations (DCI) intake or I&R Day Care Licensing (DCL) Standards Compliance. The intake specialist assesses whether a CPI intake or an I&R Non-FPS Criminal Matter Referred to Law is appropriate.
Examples of situations that do not fall under DCR:
- A neighbor watches a child for an hour after school each weekday (whether in the neighbor’s own home or in the child’s home).
- A teenage babysitter watches a child one evening a week while the child’s parents are bowling (whether in the babysitter’s home or in the child’s own home).
- A child spends the day with a family friend while the parents work.
- A caregiver, such as a nanny, provides care for a child in the child’s own home.
See 4740 Other Unrelated Caregivers.
Caregiver Provides Care for Both Related and Unrelated Children
If a caregiver provides care to children related to the caregiver, as well as children who are unrelated to the caregiver, the intake specialist does the following:
- Assesses whether the information involving the unrelated children meets criteria for DCR regulation and follows standard procedure for completing a DCI intake or I&R DCL Standards Compliance for the unrelated children. See 3160 Standards Compliance.
- Assesses whether the information involving the related children meets criteria for CPI and follows standard procedure for a CPI intake, Case-Related Special Request (CRSR), or I&R for the related children. See 3121.1 When to Send an I&R to Existing CPS Case.
See:
Human Resources Code §42.002(9), (16), (17)
Human Resources Code §42.052(c) (d)
8720 A Child's Death in a DCR Operation
SWI Policy and Procedures August 2024
The intake specialist completes a Priority 1 (P1) intake for any death of a child while under the care of an employee, volunteer, or someone working under the auspices of a DCR operation. This applies even if there is no indication that abuse, neglect, or exploitation by day care staff was a contributing factor in the death.
Examples include the following:
- A bee stings a child on a day care field trip, and the child dies of an allergic reaction to the bee sting. This applies regardless of whether the day care staff had previous knowledge of the child’s allergy to bees.
- A child dies in an automobile accident while riding in a vehicle approved by the day care. This applies regardless of whether the driver was a facility staff member.
- A child dies at day care, and the death was due to a medical condition unrelated to the care provided by the day care staff.
If there are no clear allegations of abuse, neglect, or exploitation, the intake specialist does the following:
- Chooses the allegation most applicable to the situation.
- Creates an unknown alleged perpetrator (AP) on the Person List.
- Documents the unknown AP on the Intake Actions page.
When an intake specialist completes a DCI intake about the death of a child in DFPS conservatorship, he or she also completes an I&R to Existing CPS Case and an I&R CVS Caseworker Notification.
If the child was in DFPS conservatorship at the time of death, see:
CCR Situations Involving a Child in DFPS Conservatorship (on the DFPS intranet)
3101 CVS Caseworker Notification
4561.1 Situations That Require an I&R to Existing CPS Case
4632.1 Program Jurisdiction for the Death of a Child in DFPS Conservatorship
8730 Administering Medications
SWI Policy and Procedures December 2022
The term “medication” refers to a drug that may be obtained with or without a prescription, excluding a topical ointment obtained without a prescription.
This section applies to all child day care operations and homes, regardless of whether the facility or program is licensed, registered, or listed.
A director, owner, operator, caretaker, employee, or volunteer of a child day care facility may administer a medication to a child only when all the following circumstances apply:
- The child’s parent or guardian authorizes the facility to administer the medication.
- The following are both true for the authorized medication:
- It is administered as stated on the label directions or as amended in writing by a practitioner.
- It is not expired.
If an operation employee administers any medication to a child under circumstances other than those described above, the intake specialist assesses an intake or an I&R DCL Standards Compliance. If the child suffered any serious negative effects from the medication (for example, seizures), the intake specialist assesses an intake for PHAB. If the child does not sustain any or has only minor effects (such as drowsiness), the intake specialist assesses an I&R DCL Standards Compliance.
8740 When a Victim Is 14 Years Old or Older
SWI Policy and Procedures September 2024
Day Care Investigations (DCI) does not have jurisdiction to investigate abuse, neglect, or exploitation of a victim who is 14 years or older at the time of the incident. The intake specialist completes an I&R DCL Standards Compliance and does as follows:
- Assesses for other DFPS, CCR, or PI programs.
- Completes an additional I&R Non-FPS Criminal Matter Referred to Law or an I&R of the most appropriate type, if DFPS, CCR, or PI does not have jurisdiction..
When a victim is under 14 years old at the time of the incident, the intake specialist assesses the report using standard procedures.
The intake specialist designates in IMPACT the oldest child who is a victim as the oldest victim (OV), even if the victim is 14 years old or older at the time of the report.
8750 Assessing Reports of an Alleged Sex Offender in a DCR Setting
SWI Policy and Procedures August 2024
The intake specialist uses the following table to determine the appropriate assessment and completes a report based on the following variables, whether or not the day care operation is regulated:
- Current or past presence of an alleged sex offender in the day care operation.
- Current or past presence of a child or children in the day care operation.
- An outcry of sexual abuse (SXAB).
| Sex Offender Currently in Operation |
Children Currently in Operation |
Sex Offender Previously in Operation |
Children Previously in Operation |
Outcry |
Assessment and Rationale |
|---|---|---|---|---|---|
No |
Either Yes or No |
Yes |
Either Yes or No |
No |
I&R DCL Standards Compliance. There is no current risk to children to support an intake. |
Yes |
No |
Either Yes or No |
Either Yes or No |
No |
I&R DCL Standards Compliance. There is no current risk to children to support an intake. |
No |
Either Yes or No |
Yes |
Yes |
Yes |
DCI intake for outcry of past SXAB. |
Yes |
Yes |
Either Yes or No |
Either Yes or No |
No |
DCI intake. There is current risk to children, but no outcry of SXAB. |
Yes |
Yes |
Either Yes or No |
Either Yes or No |
Yes |
DCI intake. There is an outcry of SXAB, and there is current risk to children. |
See 8751 Documenting Reports of an Alleged Sex Offender in a DCR Operation or Facility.
8751 Documenting Reports of an Alleged Sex Offender in a DCR Operation or Facility
SWI Policy and Procedures August 2024
When an alleged sex offender is currently working, or has worked in the past, under the auspices of an operation or facility regulated by DCR, the intake specialist completes either a DCI intake or an I&R DCL Standards Compliance.See 8750 Assessing Reports of an Alleged Sex Offender in a DCR Setting.
The intake specialist does the following when completing a DCI intake with a specific outcry:
- Assigns the caregiver, which may include the director or hiring authority, as an alleged perpetrator (AP) of neglectful supervision (NSUP) if the caregiver knowingly employed an alleged or registered sex offender.
- Assigns the alleged or registered sex offender as an AP of sexual abuse (SXAB).
- Designates the child who made the outcry as the oldest victim (OV).
The intake specialist does the following when completing a DCI intake without a specific outcry:
- Assesses an allegation of NSUP.
- Creates an unknown AP with the relationship of Day Care Facility/Provider (DC).
- Creates an unknown oldest victim.