Section 745.751 - What factors does Licensing consider when determining if a person or an operation is an immediate threat to the health or safety of children?Licensing considers the following factors when determining if a person, including the subject of a background check, or an operation is an immediate threat to the health or safety of children:
(1) The severity of the deficiency, including abuse or neglect;(2) The circumstances surrounding the deficiency, including abuse or neglect;(3) The seriousness of any injuries to children;(4) The length of time since the deficiency, including abuse or neglect, occurred;(5) Whether the deficiency has been repeated;(6) The compliance history of the operation;(7) The current regulatory status of the operation;(8) How quickly corrections to the deficiency can be made;(9) If any corrections have already been made;(10) The role of the person in the abuse or neglect;(11) The current position, role, and responsibilities of the person; and(12) The degree and immediacy of the threat or danger.26 Tex. Admin. Code § 745.751
The provisions of this §745.751 adopted to be effective March 1, 2002, 27 TexReg 965; Adopted by Texas Register, Volume 43, Number 50, December 14, 2018, TexReg 8146, eff. 1/13/2019; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963