Child Care Certification and Training Requirements: A Comprehensive Guide, Study notes of Communication

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Minimum Standards

for Child-Care Centers

Child Care Regulation

Texas Health and Human

Services Commission

October 2021

Table of Contents

• Table of Contents
• Introduction
  • Minimum Standards
  • Deficiencies........................................................................................
  • Weights
  • Maintaining Compliance
  • The Inspection....................................................................................
  • Technical Assistance
  • Investigations
  • Your Rights and Entitlements
  • For Further Information
• Subchapter A, Purpose, Scope, and Definitions
  • Division 1, Purpose............................................................................
  • Division 2, Scope
  • Division 3, Definitions
• Subchapter B, Administration and Communication
  • Division 1, Permit Holder Responsibilities
  • Division 2, Required Notifications
  • Division 3, Required Postings
  • Division 4, Operational Policies
• Subchapter C, Record Keeping..............................................................
  • Division 1, Records of Children
  • Division 2, Records of Accidents and Incidents
  • Division 3, Records That Must be kept on File at the Child-Care Center
  • Division 4, Personnel Records
• Subchapter D, Personnel
  • Division 1, Child-Care Center Director
  • Division 2, Child-Care Center Employees and Caregivers
  • Division 3, General Responsibilities for Child-Care Center Personnel
  • Division 4, Professional Development
  • Division 5, Substitutes, Volunteers, and Contractors
• Subchapter E, Child/Caregiver Ratios and Group Sizes
  • Division 1, Ratios and Group Sizes at the Child-Care Center
    • for 13 or More Children................................................................ Division 2, Classroom Ratios and Group Sizes for Centers Licensed To Care
    • Children are in Care Division 3, Classroom Ratios and Group Sizes for Centers When 12 or Fewer
  • Division 4, Ratios for Field Trips
  • Division 5, Ratios for the Get-Well Care Program
  • Division 6, Ratios for Nighttime Care
  • Division 7, Ratios for Water Activities
• Subchapter F, Developmental Activities and Activity Plan
• Subchapter H, Basic Care Requirements for Infants
• Subchapter I, Basic Care Requirements for Toddlers
  • Children Subchapter J, Basic Care Requirements for Pre-Kindergarten Age
• Subchapter K, Basic Care Requirements for School-age Children
• Subchapter L, Discipline and Guidance
• Subchapter M, Naptime
• Subchapter N, Field Trips
• Subchapter O, Get-Well Care Program
• Subchapter P, Nighttime Care.............................................................
• Subchapter Q, Nutrition and Food Service
• Subchapter R, Health Practices
  • Division 1, Environmental Health
  • Division 2, Diaper Changing
  • Division 3, Illness and Injury.............................................................
• Subchapter S, Safety Practices
  • Division 1, Safety Precautions
  • Division 2, Medication and Medical Assistance
  • Division 3, Animals at the Child-Care Center
  • Division 4, First-Aid Kits
  • Division 5, Release of Children
  • Division 6, Product Safety
• Subchapter T, Physical Facilities
  • Division 1, Indoor Space Requirements
  • Division 2, Outdoor Space Requirements.............................................
  • Division 3, Toilets and Sinks
  • Division 4, Furniture and Equipment
• Subchapter U, Indoor and Outdoor Active Play Space and Equipment
  • Division 1, Minimum Safety Requirements
  • Division 2, Swings
  • Division 3, Maintenance
  • Division 4, Use Zones
  • Division 5, Surfacing........................................................................
  • Division 6, Soft Contained Play Equipment
  • Division 7, Inflatables
  • Play Subchapter V, Swimming Pools, Wading/Splashing Pools, and Sprinkler
• Subchapter W, Fire Safety and Emergency Practices
  • Division 1, Fire Inspection
  • Division 2, Emergency Preparedness
  • Division 3, Fire Extinguishing and Smoke Detection Systems
  • Division 4, Gas and Propane Tanks
  • Division 5, Heating Devices...............................................................
  • Division 6, Carbon Monoxide Detection Systems...................................
• Subchapter X, Transportation
• Appendix I: Definitions
• Appendix II, Vaccine-Preventable Diseases

Introduction

Minimum Standards

The minimum standards tell you (the child care operation permit holder) what requirements you, your employees, and your caregivers must follow. These minimum standards: ● were developed by the Texas Health and Human Services Commission (HHSC) with the assistance of child-care operations, parents, stakeholders, and other experts in a variety of fields; ● reflect what the citizens of Texas consider reasonable and minimum; and ● meet the guidelines set forth in Chapter 42 of the Texas Human Resources Code (law) for what must be included in the minimum standards. The Administrative Procedure and Texas Register Act requires that proposed minimum standards be published for public comment before they are adopted as rules. All members of the public, including providers, are encouraged to provide input when proposed minimum standards are published for public comment. The commission considers recommendations from interested persons or groups in formulating the final draft, which is filed as rules with the Secretary of State.

Deficiencies

A deficiency is any failure to comply with a minimum standard, rule in Texas Administrative Code Chapter 745, law, specific term of the permit, or specific condition of probation or suspension.

Weights

The minimum standards and rules are weighted based on a common understanding of the risk to children presented if the standard or rule is violated. The weights are high, medium-high, medium, medium-low, and low. The assigned weights do not change based on the scope or severity of an actual deficiency. Scope and severity are assessed by Child Care Regulation (CCR) staff, documented, and considered in conjunction with the weight when making CCR decisions. You will see the weight is noted at the end of each standard or subsection in green. Only those minimum standards and rules which can be cited as a deficiency are weighted. For example, the minimum standard prohibiting physical discipline is weighed but standards that are definitions are not weighted.

Technical Assistance

We are available to offer consultation to potential applicants, applicants, and permit holders regarding how to comply with minimum standards, rules, and laws. While we most often provide technical assistance during inspections and investigations, technical assistance can be requested at any time. The Child Care Regulation section of the HHSC website has a Technical Assistance Library that allows you to view or download information about a variety of topics related to child care. You can view it by going to https://hhs.texas.gov/doing-business-hhs/provider-portals/protective- services-providers/child-care-licensing and selecting Technical Assistance Library from the Resources section. A feature of the minimum standards publication is the Helpful Information boxes following certain minimum standards that provide additional guidance, clarification, resources, and/or best practices.

Investigations

When a report alleges a violation of minimum standards, rule, or law, CCR must investigate the report, notify you of the investigation, and provide a written report to you of the investigation results within prescribed time frames. When a report alleges abuse, neglect, or exploitation, the Department of Family and Protective Services must investigate the report, notify you of the investigation, and provide a written report to you of the investigation results within prescribed time frames.

Your Rights and Entitlements

Waivers and Variances

You may request a waiver if your operation is unable to comply with a standard for economic reasons. You may request a variance if your operation wishes to meet the intent of a standard in a way that is different from what the standard specifies. Waiver and variance requests are submitted through your online provider account or made in writing to your assigned CCR inspector.

Administrative Review

If you disagree with a CCR decision or action, you may request an administrative review, during which you are given an opportunity to show compliance with applicable minimum standard, rule, law, action, permit restriction(s) and/or permit condition(s).

Appeals

You may request an appeal hearing on a CCR decision to deny an application, revoke, suspend, or refuse to renew a permit or a condition placed on the permit after initial issuance. Appeal hearings are conducted by the State Office of Administrative Hearings (SOAH).

For Further Information

It is important that you, your employees, and your caregivers clearly understand the purpose of minimum standards and the reasons for CCR’s inspections and investigations. Do not hesitate to ask us questions that will help you understand any aspect of our regulation. You may obtain information about minimum standards or procedures by calling your local CCR office or by visiting the HHSC Website at https://hhs.texas.gov/doing-business-hhs/provider- portals/protective-services-providers/child-care-licensing.

Subchapter A, Purpose, Scope, and Definitions

Division 1, Purpose

§746.101. What is the purpose of this chapter?

Subchapter A, Purpose, Scope, and Definitions Division 1, Purpose September 2003 The purpose of this chapter is to set forth the minimum standards that apply to child-care centers.

Division 2, Scope

§746.111. What types of operations do these minimum standards

apply to?

Subchapter A, Purpose, Scope, and Definitions Division 2, Scope April 2017 The minimum standards in this chapter apply to: (1) Licensed child-care centers; and (2) Any unlicensed child-care center that is subject to Licensing’s regulation and requires a license per Chapter 42 of the Human Resources Code.

§746.113. Who is responsible for complying with these minimum

standards?

Subchapter A, Purpose, Scope, and Definitions Division 2, Scope April 2017 (a) For a licensed child-care center, the permit holder must ensure compliance with all minimum standards in this chapter at all times, with the exception of those minimum standards identified for specific types of child-care programs or activities that the center does not offer. For example, if we license the center to offer only toddler and pre- kindergarten care programs, the center does not have to comply with minimum standards that apply only to infant care, school-age care, get-well care, or nighttime-care programs; however, the center must comply with all other minimum standards. [Medium-High] (b) For an unlicensed child-care center that is subject to Licensing’s regulation, the center’s director, owner, or operator or any other controlling person who has the ability to influence or direct the center’s management, expenditures, or policies must ensure compliance with all minimum standards in this chapter at all times, with the exception of those minimum standards identified for specific types of child-care programs or activities that the unlicensed center does not offer. [Medium-High]

Division 3, Definitions

§746.121. What do certain pronouns mean when used in this chapter?

Subchapter A, Purpose, Scope, and Definitions Division 3, Definitions April 2017 The following words have the following meanings when used in this chapter: (1) I, my, you, and your – An applicant or permit holder, unless otherwise stated.

(8) Bouncer seat – A stationary seat designed to provide gentle rocking or bouncing motion by an infant’s movement, or by battery-operated movement. This type of equipment is designed for an infant’s use from birth until the child can sit up unassisted. (9) Caregiver – A person who is counted in the child to caregiver ratio, whose duties include the supervision, guidance, and protection of a child. As used in this chapter, a caregiver must meet the minimum education, work experience, and training qualifications required under Subchapter D of this chapter (relating to Personnel). A caregiver is usually an employee, but may also be a substitute, volunteer, or contractor, as outlined in Subchapter D, Division 5 of this chapter. (10) Certified Child-Care Professional Credential – A credential given by the National Early Childhood Program Accreditation to a person working directly with children. The credential is based on assessed competency in several areas of child care and child development. (11) Certified lifeguard – A person who has been trained in life saving and water safety by a qualified instructor, from a recognized organization that awards a certificate upon successful completion of the training. The certificate is not required to use the term "lifeguard," but the permit holder must be able to document that the certificate represents the type of training described. (12) CEUs--Continuing Education Units – A standard unit of measure for adult education and training activities. One CEU equals 10 clock hours of participation in an organized, continuing-education experience, under responsible, qualified direction and instruction. Although a person may obtain a CEU in many of the same settings as clock hours, the CEU provider must meet the criteria established by the International Association for Continuing Education and Training to be able to offer the CEU. (13) Child – An infant, a toddler, a pre-kindergarten age child, or a school-age child. (14) Child-care center – A child-care facility 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. If you were licensed before September 1, 2003, the location of the center could be in the permit holder’s home.

(15) Child-care program – The services and activities provided by a child-care center. (16) Child Development Associate Credential – A credential given by the Council for Professional Recognition to a person working directly with children. The credential is based on assessed competency in several areas of child care and child development. (17) Clock hours – An actual hour of documented: (A) Attendance at instructor-led training, such as seminars, workshops, conferences, early childhood classes, and other planned learning opportunities, provided by an individual or individuals as specified in §746.1317(a) of this chapter (relating to Must the training for my caregivers and the director meet certain criteria?); or (B) Self-instructional training that was created by an individual or individuals as specified in §746.1317(a) and (b) of this chapter, or self-study training. (18) Corporal punishment – The infliction of physical pain on a child as a means of controlling behavior. This includes spanking, hitting, slapping, or thumping a child. (19) Days – Calendar days, unless otherwise stated. (20) Employee – a person a child-care center employs full-time or part-time to work for wages, salary, or other compensation. Employees are all of the child-care center staff, including caregivers, kitchen staff, office staff, maintenance staff, the assistant director, the director, and the owner, if the owner is ever on site at the center or transports a child. (21) Enrollment – The list of names or number of children who have been admitted to attend a child-care center for any given period of time; the number of children enrolled in a child- care center may vary from the number of children in attendance on any given day. (22) Entrap – A component or group of components on equipment that forms angles or openings that may trap a child’s head by being too small to allow the child’s body to pass through, or large enough for the child’s body to pass through but too small to allow the child’s head to pass through. (23) Field trips – Activities conducted away from the child-care center.

(32) Infant – A child from birth through 17 months. (33) Inflatable – An amusement ride or device, consisting of air-filled structures designed for use by children, as specified by the manufacturer, which may include bouncing, climbing, sliding, or interactive play. They are made of flexible fabric, kept inflated by continuous air flow by one or more blowers, and rely upon air pressure to maintain their shape. (34) Instructor-led training – Training characterized by the communication and interaction that takes place between the student and the instructor. The training must include an opportunity for the student to interact with the instructor to obtain clarifications and information beyond the scope of the training materials. For such an opportunity to exist, the instructor must communicate with the student in a timely fashion, including answering questions, providing feedback on skills practice, providing guidance or information on additional resources, and proactively interacting with students. Examples of this type of training include, classroom training, web-based on- line facilitated learning, video- conferencing, or other group learning experiences. (35) Janitorial duties – Those duties that involve the cleaning and maintenance of the child- care center building, rooms, furniture, etc. Cleaning and maintenance include such duties as cleansing carpets, washing cots, and sweeping, vacuuming, or mopping a restroom or a classroom. Sweeping up after an activity or mopping up a spill in a classroom that is immediately necessary for the children’s safety is not considered a janitorial duty. (36) Local sanitation official – A sanitation official designated by the city or county government. (37) Natural environment – Natural environment--Settings that are natural or typical for all children of the same age without regard to ability or disability. For example, a natural environment for learning social skills is a play group of peers.

(38) Permit is no longer valid--For purposes of this chapter, a permit remains valid through the renewal process. A permit only becomes invalid when your center voluntarily closes or must close because of an enforcement action in Chapter 745, Subchapter L of this title (relating to Enforcement Actions). (39) Physical activity (moderate)--Levels of activity for a child that are at intensities faster than a slow walk, but still allow the child to talk easily. Moderate physical activity increases the child’s heart rate and breathing rate. (40) Physical activity (vigorous)--Rhythmic, repetitive physical movement for a child that uses large muscle groups, causing the child to breathe rapidly and only enabling the child to speak in short phrases. Typically, the child’s heart rate is substantially increased, and the child is likely to be sweating while engaging in vigorous physical activity. (41) Pre-kindergarten age child--A child who is three or four years of age before the beginning of the current school year. (42) Premises – Includes the child-care center, any lots on which the center is located, any outside ground areas, any outside play areas, and the parking lot. (43) Regular – On a recurring, scheduled basis. Note: For the definition of "regularly or frequently present at an operation" as it applies to background checks, see §745.601 of this title (relating to What words must I know to understand this subchapter?). (44) Restrictive device – Equipment that places the body of a child in a position that may restrict airflow or cause strangulation; usually, the child is placed in a semi-seated position. Examples of restrictive devices are car seats, swings, bouncy seats, and high chairs. (45) Safety belt – A lap belt and any shoulder straps included as original equipment on or added to a vehicle.

(51) Self-study training - Non-standardized training where an individual reads written materials, watches a training video, or listens to a recording to obtain certain knowledge that is required for annual training. Self-study training is limited to three hours of annual training per year. (52) Special care needs – A child with special care needs is a child who has a chronic physical, developmental, behavioral, or emotional condition and who also requires assistance beyond that required by a child generally to perform tasks that are within the typical chronological range of development, including the movement of large or small muscles, learning, talking, communicating, self-help, social skills, emotional well-being, seeing, hearing, and breathing. (53) State or local fire marshal – A fire official designated by the city, county, or state government. (54) Toddler – A child from 18 months through 35 months. (55) Universal precautions – An approach to infection control where all human blood and certain human bodily fluids are treated as if known to be infectious for HIV, HBV, and other blood-borne pathogens. (56) Water activities – Related to the use of swimming pools, splashing pools, sprinkler play, or other bodies of water. Helpful Information

• Regarding paragraph (41), the beginning of the current school year is based on the start date of the particular school district the child attends.
• Regarding paragraph (48), media content includes digital and live videos, animations, photos, games, internet searches, etc. Media content does not include electronic sign-in sheets, daily rosters, or schedules displayed on a smart board.

Subchapter B, Administration and Communication

Division 1, Permit Holder Responsibilities

§746.201. What are my responsibilities as the permit holder?

Subchapter B, Administration and Communication Division 1, Permit Holder Responsibilities April 2021 You are responsible for: (1)Developing and implementing your child-care center’s operational policies, which must comply with or exceed the minimum standards specified in this subchapter [High]; (2) Developing written personnel policies, including job descriptions, job responsibilities, and requirements [Medium-High]; (3) Making provisions for training that comply with Division 4, Subchapter D of this chapter (relating to Professional Development) [Medium-High]; (4) Designating a child-care center director who meets minimum standard qualifications and has daily, on-site responsibility for the operation of the child-care center [Medium-High]; (5) Reporting and ensuring your employees and volunteers report suspected abuse, neglect, or exploitation directly to the Texas Department of Family and Protective Services without delegating this responsibility, as required by Texas Family Code §261. [Medium-High]; (6) Ensuring all information related to background checks is kept confidential as required by the Human Resources Code, §40.005(d) and (e) [Medium]; (7) Ensuring parents can visit the child-care center any time during the child-care center's hours of operation to observe their child, program activities, the building, the grounds, and the equipment without having to secure prior approval [Medium] (8) Complying with the liability insurance requirements in this division [Medium]; (9) Complying with the child-care licensing law found in Chapter 42 of the Human Resources Code, the applicable minimum standards, and other applicable rules in the Texas Administrative Code [Medium-High];