Child care operations in Texas are regulated by Child Care Licensing (CCL) and are part of the Texas Department of Family and Protective Services (DFPS), run by Texas Health and Human Services.
The CCL is responsible for regulating all child care operations and child placing agencies in Texas, and for the permitting and monitoring of operations and agencies for compliance with state licensing standards, rules, and laws. The CCL investigates complaints alleging violations of minimum standards and reports of abuse or neglect in daycare and residential child care operations.
Licensing staff will conduct an investigation into any report alleging abuse, neglect, a violation of minimum standards, or violations of licensing law. The investigation will decide the validity of the allegations and seeks to ensure the children in care are protected.
Enforcement Actions Against Child Care Operations
The CCL has the power to take enforcement action against the child care operations it licenses. It may also make recommendations to assist a child care operation to come into compliance with state laws, rules, and minimum standards, with the purpose of reducing risk to children in daycare and residential settings.
The following are the types of enforcement actions the CCL may take:
- Adverse Actions:
- License revocation
- License denial
- Involuntary or emergency license suspension
- Adverse amendment with conditions to a permit
- Corrective actions:
- Probation
- Evaluation
- Voluntary actions (plan of action)
- Administrative penalties
CCL enforcement actions are not progressive in nature. The CCL may impose any action, or make any recommendation, if the risk to children at the child care operation warrants the imposed or recommended action.
Adverse Actions
The adverse actions listed above may be taken after a child care operation has been cited for deficiencies that pose a risk to the health and safety of children. Adverse actions can also be taken when there are indications of a continued failure to comply with minimum standards, rules, or child care laws.
Corrective Actions
Corrective actions are steps that the CCL may impose on a child care operation to assist it in becoming compliant with minimum standards, rules, or child care laws. Corrective actions are only available when the deficiencies of standards do not endanger the health and safety of children.
Defending Against CCL Enforcement Actions
When a child care operation receives notice from the CCL that an adverse action will be taken, it has a duty to notify every parent, guardian, or managing conservator of the children served in its operation of the action being taken.
If you are licensed by the CCL, or run a program or agency licensed by the CCL, and you are facing a complaint or enforcement action, we urge you to contact a professional license defense attorney immediately.
BERTOLINO LLP represents licensed operations, agencies, and professionals across the entire State of Texas. With offices in Austin, Houston, and San Antonio, we serve clients all over the state. As experienced attorneys, well-versed in state and federal laws, we know how to win. Our results speak for themselves!
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