Minimum Standards for Child-Care Centers

1 Licensing Division Texas Department of Family and Protective Services Minimum Standards FOR Child-Care Centers Stock Code October 2018 P20330-0000 Minimum Standards FOR Child-Care Centers TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES LICENSING DIVISION Minimum Standards for Child-Care Centers Texas Department of Family and Protective Services i Subchapter A, Purpose, Scope, and Definitions .. 1 Division 1, Purpose .. 1 Division 2, Scope .. 1 Division 3, Definitions .. 3 Subchapter B, Administration and Communication .. 9 Division 1, Permit Holder Responsibilities .. 9 Division 2, Required Notifications .. 10 Division 3, Required Postings .. 13 Division 4, Operational Policies .. 15 Subchapter C, Record Keeping .. 19 Division 1, Records of Children .. 19 Division 2, Records of Accidents and Incidents.

2 26 Division 3, Records That Must be kept on File at the Child-Care Center .. 27 Division 4, Personnel Records .. 29 Subchapter D, Personnel .. 31 Division 1, Child-Care Center Director .. 31 Division 2, Child-Care Center Employees and Caregivers .. 40 Division 3, General Responsibilities for Child-Care Center Personnel .. 42 Division 4, Professional Development .. 44 Division 5, Substitutes, Volunteers, and Contractors .. 56 Subchapter E, Child/Caregiver Ratios and Group Sizes .. 57 Division 1, Ratios and Group Sizes at the Child-Care Center .. 57 Division 2, Classroom Ratios and Group Sizes for Centers Licensed To Care for 13 or More Children .. 59 Division 3, Classroom Ratios and Group Sizes for Centers When 12 or Fewer Children are in Care .. 64 Division 4, Ratios for Field Trips .. 66 Division 5, Ratios for the Get-Well Care Program.

3 68 Division 6, Ratios for Nighttime Care .. 69 Division 7, Ratios for Water Activities .. 69 Subchapter F, Developmental Activities and Activity Plan .. 73 Subchapter H, Basic Care Requirements for Infants .. 77 Subchapter I, Basic Care Requirements for Toddlers .. 87 Subchapter J, Basic Care Requirements for Pre-kindergarten Age Children .. 91 Subchapter K, Basic Care Requirements for School-age Children .. 95 Subchapter L, Discipline and Guidance .. 99 Subchapter M, Naptime .. 101 Subchapter N, Field Trips .. 103 Minimum Standards for Child-Care Centers ii Texas Department of Family and Protective Services Subchapter O, Get-Well Care Program .. 105 Subchapter P, Nighttime Care .. 109 Subchapter Q, Nutrition and Food Service .. 111 Subchapter R, Health Practices .. 119 Division 1, Environmental Health.

4 119 Division 2, Diaper Changing .. 126 Division 3, Illness and Injury .. 128 Subchapter S, Safety Practices .. 133 Division 1, Safety Precautions .. 133 Division 2, Medication and Medical Assistance .. 136 Division 3, Animals at the Child-Care Center .. 139 Division 4, First-Aid Kits .. 141 Division 5, Release of Children .. 142 Division 6, Product Safety .. 143 Subchapter T, Physical Facilities .. 145 Division 1, Indoor Space Requirements .. 145 Division 2, Outdoor Space Requirements .. 148 Division 3, Toilets and Sinks .. 151 Division 4, Furniture and Equipment .. 155 Subchapter U, Indoor and Outdoor Active Play Space and Equipment .. 157 Division 1, Minimum Safety Requirements .. 157 Division 2, Swings .. 161 Division 3, Maintenance .. 162 Division 4, Use Zones .. 162 Division 5, Surfacing.

5 165 Division 6, Soft Contained Play Equipment .. 167 Division 7, Inflatables .. 168 Subchapter V, Swimming Pools, Wading/Splashing Pools, and Sprinkler Play .. 169 Subchapter W, Fire Safety and Emergency Practices .. 173 Division 1, Fire Inspection .. 173 Division 2, Emergency Preparedness .. 174 Division 3, Fire Extinguishing and Smoke Detection Systems .. 178 Division 4, Gas and Propane Tanks .. 181 Division 5, Heating 182 Division 6, Carbon Monoxide Detection Systems .. 183 Subchapter X, Transportation .. 185 Appendix I: Definitions .. 191 Appendix II: (Background Check Rules Moved) .. 195 Minimum Standards for Child-Care Centers Texas Department of Family and Protective Services iii Appendix III, Vaccine-Preventable Diseases .. 189 Index .. 195 Minimum Standards for Child-Care Centers Texas Department of Family and Protective Services v INTRODUCTION Minimum Standards These Minimum Standards are developed by the Texas Department of Family and Protective Services (DFPS) with the assistance of Child-Care operations, parents, lawyers, doctors, and other experts in a variety of fields.

6 The Child-Care licensing law sets guidelines for what must be included in the Standards . The Administrative Procedure and Texas Register Act require that proposed Standards be published for public comment before they are adopted as rules. The department considers recommendations from interested persons or groups in formulating the final draft, which is filed as rules with the Secretary of State. Standards are a product of contributions from many people and groups and thus reflect what the citizens of Texas consider reasonable and Minimum . Weights The Minimum Standards are weighted based on risk to children. The weights are: high, medium-high, medium, medium-low, and low. While weights reflect a common understanding of the risk to children presented if a rule is violated, the assigned weights do not change based on the scope or severity of an actual deficiency.

7 Scope and severity are assessed by the Licensing Representative, documented, and considered in conjunction with the standard weights when making Licensing decisions. Weights are noted in green next to each standard or subsection. Generally, only those Standards which can be violated are weighted. For example, definitions are not weighted. However, other Standards are not weighted because the standard that should be cited is noted within the not weighted standard. For example, (1) requires each center employee to meet the background check rules, but is weighted as no weight because if there is a violation then the appropriate background check rule in Subchapter F, Chapter 745 should be cited instead of (1). Maintaining Compliance It is essential that operation employees and caregivers recognize four critical aspects of Licensing s efforts to protect the children in care and to help operation employees and caregivers comply with the law, rules, and Standards .

8 The four aspects are: Inspection Technical assistance Investigations Caregiver s rights and entitlements The Inspection Various aspects of regulated operations are evaluated for compliance with the Minimum Standards , rules, and law during regular inspections. The emphasis on these inspections is to prevent risk to children in care. All operations are designated a monitoring frequency based on their compliance history. A deficiency is any failure to comply with a standard, rule, law, specific term of the permit or condition of evaluation, probation, or suspension. During any inspection, if licensing staff find that the operation does not meet Minimum Standards , rule, or law, the areas of deficiency are discussed with appropriate operation employees and caregivers.

9 Technical assistance and consultation on the problem areas are provided. Operation employees and caregivers are given the opportunity to discuss disagreements and concerns with licensing staff. If the concerns are not resolved, the operation may request an administrative review. Minimum Standards for Child-Care Centers vi Texas Department of Family and Protective Services Technical Assistance Licensing staff are available to offer consultation to potential applicants, applicants, and permit holders regarding how to comply with Minimum Standards , rules, and laws. Licensing staff often provide technical assistance during inspections and investigations. However, technical assistance can be requested at any time. The Child Care Licensing section of the DFPS web site also has a Technical Assistance Library.

10 The Technical Assistance Library allows you to view or download articles and information about a variety of topics related to child care. The DFPS Web site is A feature of the Minimum Standards is the provision of additional Helpful Information as contained in boxes following certain Standards . This information is not a necessary component of meeting Standards , but rather it is provided to help you meet the Standards in a way best suited for your operation. Investigations When a report to Licensing alleges abuse or neglect, Standards deficiency, or a violation of law or rule, licensing staff must investigate the report, notify the operation of the investigation, and provide a written report to the operation of the investigation results within prescribed time frames. Your Rights and Entitlements Waivers and Variances If an operation is unable to comply with a standard for economic reasons, or wishes to meet the intent of a standard in a way that is different from what the standard specifies, a waiver or variance of the standard may be requested.