26 Tex. Admin. Code § 745.21 - What do the following words and terms mean when used in this chapter?
The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise:
(1) Abuse--As defined in
the Texas Family Code, §
261.001(1)
(relating to Definitions) and Texas Administrative Code, Title 40, Chapter 707,
Subchapter C, Division 5 (relating to Abuse, Neglect, and
Exploitation).
(2)
Affinity--Related by marriage as set forth in Texas Government Code, §
573.024 (relating to
Determination of Affinity).
(3)
Business entity--May be an association, corporation, nonprofit association,
nonprofit corporation, nonprofit association with religious affiliation,
nonprofit corporation with religious affiliation, or limited liability company.
(4) Capacity--The maximum number
of children that a permit holder may care for at one time.
(5) Caregiver--A person who is counted in the
child to caregiver ratio, whose duties include the supervision, guidance, and
protection of a child.
(6) Child--A
person under 18 years old.
(7)
Child-care facility--An establishment subject to regulation by Licensing that
provides assessment, care, training, education, custody, treatment, or
supervision for a child who is not related by blood, marriage, or adoption to
the owner or operator of the facility, for all or part of the 24-hour day,
whether or not the establishment operates for profit or charges for its
services. A child-care facility includes the people, administration, governing
body, activities on or off the premises, operations, buildings, grounds,
equipment, furnishings, and materials. A child-care facility does not include
child-placing agencies, listed family homes, employer-based child care
operations, or shelter care operations.
(8) Child day care--As defined in §
745.33 of this chapter (relating
to What is child day care?).
(9)
Child-placing agency (CPA)--A person, including a sole proprietor, partnership,
or business or governmental entity, other than the parents of a child, who
plans for the placement of or places a child in a child care operation or
adoptive home.
(10) Children
related to the caregiver--Children who are the children, grandchildren,
siblings, great-grandchildren, first cousins, nieces, or nephews of the
caregiver, whether by affinity or consanguinity or as the result of a
relationship created by court decree.
(11) Consanguinity--Two individuals are
related to each other by consanguinity if one is a descendant of the other; or
they share a common ancestor. An adopted child is related by consanguinity for
this purpose. Consanguinity is defined in Texas Government Code, §
573.022 (relating to
Determination of Consanguinity).
(12) Contiguous operations--Two or more
operations that touch at a point on a common border or are located in the same
building.
(13) Controlling
person--As defined in §
745.901 of this chapter (relating
to Who is a controlling person at a child-care operation?).
(14) Deficiency--Any failure to comply with a
minimum standard, rule, statute, specific term of your permit, or condition of
your probation.
(15) Designated
perpetrator--As defined in §
745.731 of this chapter (relating
to What are designated perpetrators and sustained perpetrators of child abuse
or neglect?).
(16) Designee--The
person named on the application as the designated representative of the
operation who is officially authorized by the owner to speak for and act on the
operations' behalf.
(17)
Employee--Any person employed by or that contracts with the permit holder,
including caregivers, drivers, kitchen personnel, maintenance and
administrative personnel, and the center or program director.
(18) Endanger--To expose a child to a
situation where physical or mental injury to a child is likely to
occur.
(19) Exploitation--As
defined in Texas Family Code, §
261.001(3)
and Texas Administrative Code, Title 40, Chapter 707, Subchapter C, Division
5.
(20) Finding--The conclusion of
a Licensing investigation or inspection indicating compliance or deficiency
with one or more minimum standards, rules, or statutes.
(21) Full license--The type of full permit
that is issued to an operation that requires a license. See also §
745.341 of this chapter (relating
to What type of permit does Licensing issue?) and §
745.343 of this chapter (relating
to What is the difference between an initial license and a full
license?).
(22) Full permit--A full
permit includes a listing, registration, compliance certificate, or a full
license. See also §
745.341 and §
745.343 of this chapter.
(23) Governing body--A group of persons or
officers of a business or governmental entity that has ultimate control over
the entity.
(24) Governmental
entity--A political subdivision or state agency of Texas.
(25) Household member--An individual, other
than the caregivers, who resides in an operation.
(26) Initial license--A time-limited license
that we issue to certain applicants for a full license in situations described
in §
745.345 of this chapter (relating
to When does Licensing issue an initial license?).
(27) Licensed administrator--As defined in
§
745.8905 of this chapter (relating
to What is a licensed administrator?).
(28) Minimum standards--Minimum requirements
for permit holders that are enforced by Licensing to protect the health,
safety, and well-being of children. The minimum standards consist of the rules
contained in:
(A) Chapter 742 of this title
(relating to Minimum Standards for Listed Family Homes;
(B) Chapter 743 of this title (relating to
Minimum Standards for Shelter Care);
(C) Chapter 744 of this title (relating to
Minimum Standards for School-Age and Before or After-School
Programs);
(D) Chapter 746 of this
title (relating to Minimum Standards for Child-Care Centers);
(E) Chapter 747 of this title (relating to
Minimum Standards for Child-Care Homes);
(F) Chapter 748 of this title (relating to
Minimum Standards for General Residential Operations);
(G) Chapter 749 of this title (relating to
Minimum Standards for Child-Placing Agencies);
(H) Chapter 750 of this title (relating to
Minimum Standards for Independent Foster Homes); and
(I) Subchapter D, Division 11 of this chapter
(relating to Employer-Based Child Care).
(29) Neglect--As defined in the Texas Family
Code, §
261.001(4)
and Texas Administrative Code, Title 40, Chapter 707, Subchapter C, Division
5.
(30) Operation (also known as a
child care operation) --A sole proprietor, partnership, or business or
governmental entity offering a program that is subject to Licensing's
regulation, including day-care operations and residential child care
operations. An operation includes the building and grounds where the program is
offered, any person involved in providing the program, and any equipment used
in providing the program. An operation includes a child-care facility,
child-placing agency, listed family home, employer-based child care operation,
shelter care operation, or any operation that requires a permit under Chapter
42, Texas Human Resources Code.
(31) Owner--The sole proprietor, partnership,
or business or governmental entity that owns an operation that is subject to
regulation by Licensing.
(32)
Parent--A person who has legal responsibility for or legal custody of a child,
including the managing conservator or legal guardian.
(33) Permit--A license, certification,
registration, listing, compliance certificate, or any other written
authorization granted by Licensing to operate a child care operation . This
also includes an administrator's license.
(34) Permit holder--The owner of the
operation that is granted the permit.
(35) Pre-kindergarten age child--A child who
is three or four years of age before the beginning of the current school
year.
(36) Program--Activities and
services provided by an operation.
(37) Regulation--Includes the following:
(A) The development of rules, including
minimum standards, as provided by statutory authority; and
(B) The enforcement of requirements that are
minimum standards, rules, statutes, or any condition or restriction we have
placed on a permit. Anyone providing or seeking to provide care or a service
that is subject to regulation must comply with the applicable requirements.
This includes a permit holder, an applicant for a permit, and anyone providing
care or a service without the appropriate permit.
(38) Report--A communication to Licensing or
the Department of Family and Protective Services (DFPS), including the
Statewide Intake division of DFPS, of:
(A) An
allegation of a deficiency in a minimum standard, rule, or statute; or
(B) Any other possible risk to a
child in the care of an operation that is subject to regulation by Licensing.
(39) Residential child
care--As defined in §
745.35 of this chapter (relating
to What is residential child care?).
(40) School-age child--A child who is five
years of age or older and is enrolled in or has completed kindergarten.
(41) State Office of
Administrative Hearings (SOAH)--See §
745.8831 of this chapter (relating
to What is a due process hearing?).
(42) Sustained perpetrator--See §
745.731 of this chapter (relating
to Who are designated perpetrators and sustained perpetrators of child abuse or
neglect?).
Notes
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