Section 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.26 Tex. Admin. Code § 745.495
Adopted by Texas Register, Volume 46, Number 23, June 4, 2021, TexReg 3523, eff. 6/13/2021