26 Tex. Admin. Code § 745.495 - What previous compliance history of a residential child-care operation must Licensing consider when evaluating an application for a license to operate a residential child-care operation?
(a) When evaluating an application for a
residential child-care license, Licensing must consider the previous five-year
compliance history of a residential child-care operation that:
(1) Is applying for a new license in a
different location;
(2) Is
re-applying for a new license after voluntarily closing; or
(3) Had a change in ownership; and
(A) Any controlling person from the previous
operation serves or intends to serve as a controlling person in the new
operation; or
(B) A new owner,
including a sole proprietor, either partner of a partnership, or any member of
the governing body of a corporation, is related to a controlling person of the
previous operation by a third degree of consanguinity or second degree of
affinity as defined in §
745.21 of this chapter (relating
to What do the following words and terms mean when used in this
chapter?).
(b) The five-year compliance history
consideration required by this section must include and document information
concerning a related residential child-care operation, including:
(1) The number of abuse, neglect, or
exploitation intakes in the previous five years;
(2) The number of confirmed abuse, neglect,
or exploitation findings in the previous five years;
(3) The number of citations issued for
corporal punishment in the previous five years; and
(4) A narrative description of how this data
and information was or will be considered.
(c) The five-year compliance history
consideration required by this section is a component of the application
evaluation and must be completed prior to the on-site inspection related to the
application for a new license.
(d)
The five-year compliance history collected under subsection (b) of this section
may be considered in future extended compliance history reviews of a license
granted pursuant to an application subject to subsection (a) of this
section.
Notes
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