Minimum Standards for Child-Care Centers

1 Minimum Standards for Child-Care Centers child care Regulation Texas Health and Human Services Commission April 2021 Revised May 2021 Table of Contents Table of Contents .. 2 Introduction .. 5 Minimum Standards .. 5 Deficiencies .. 5 Weights .. 5 Maintaining Compliance .. 6 The 6 Technical Assistance .. 7 Investigations .. 7 Your Rights and Entitlements .. 8 For Further Information .. 8 Subchapter A, Purpose, Scope, and Definitions .. 10 Division 1, Purpose .. 10 Division 2, Scope .. 10 Division 3, Definitions .. 11 Subchapter B, Administration and Communication .. 20 Division 1, Permit Holder Responsibilities .. 20 Division 2, Required Notifications .. 24 Division 3, Required Postings .. 31 Division 4, Operational Policies .. 33 Subchapter C, Record 39 Division 1, Records of Children .. 39 Division 2, Records of Accidents and Incidents .. 48 Division 3, Records That Must be kept on File at the Child-Care center .

2 50 Division 4, Personnel Records .. 54 Subchapter D, Personnel .. 56 Division 1, Child-Care center Director .. 56 Division 2, Child-Care center Employees and Caregivers .. 71 Division 3, General Responsibilities for Child-Care center Personnel .. 74 Division 4, Professional Development .. 77 Division 5, Substitutes, Volunteers, and Contractors .. 94 Subchapter E, child /Caregiver Ratios and Group Sizes .. 96 Division 1, Ratios and Group Sizes at the Child-Care center .. 96 Division 2, Classroom Ratios and Group Sizes for Centers Licensed To care for 13 or More Children .. 99 Division 3, Classroom Ratios and Group Sizes for Centers When 12 or Fewer Children are in care .. 106 Division 4, Ratios for Field Trips .. 110 Division 5, Ratios for the Get-Well care Program .. 112 Division 6, Ratios for Nighttime care .. 114 Division 7, Ratios for Water Activities .. 115 Subchapter F, Developmental Activities and Activity Plan.

3 119 Revised May 20213 Subchapter H, Basic care Requirements for Infants .. 126 Subchapter I, Basic care Requirements for Toddlers .. 140 Subchapter J, Basic care Requirements for Pre-Kindergarten Age Children .. 144 Subchapter K, Basic care Requirements for School-age Children .. 148 Subchapter L, Discipline and Guidance .. 152 Subchapter M, Naptime .. 155 Subchapter N, Field Trips .. 158 Subchapter O, Get-Well care Program .. 160 Subchapter P, Nighttime care .. 167 Subchapter Q, Nutrition and Food Service .. 170 Subchapter R, Health Practices .. 179 Division 1, Environmental Health .. 179 Division 2, Diaper Changing .. 190 Division 3, Illness and Injury .. 193 Subchapter S, Safety Practices .. 201 Division 1, Safety Precautions .. 201 Division 2, Medication and Medical Assistance .. 205 Division 3, Animals at the Child-Care 209 Division 4, First-Aid Kits .. 211 Division 5, Release of Children.

4 213 Division 6, Product Safety .. 214 Subchapter T, Physical Facilities .. 216 Division 1, Indoor Space 216 Division 2, Outdoor Space Requirements .. 220 Division 3, Toilets and Sinks .. 224 Division 4, Furniture and Equipment .. 228 Subchapter U, Indoor and Outdoor Active Play Space and Equipment 232 Division 1, Minimum Safety Requirements .. 232 Division 2, Swings .. 236 Division 3, Maintenance .. 238 Division 4, Use Zones .. 239 Division 5, Surfacing .. 243 Division 6, Soft Contained Play Equipment .. 246 Division 7, Inflatables .. 248 Subchapter V, Swimming Pools, Wading/Splashing Pools, and Sprinkler 249 Revised May 2021 Subchapter W, Fire Safety and Emergency Practices .. 253 Division 1, Fire Inspection .. 253 Division 2, Emergency Preparedness .. 254 Division 3, Fire Extinguishing and Smoke Detection Systems .. 259 Division 4, Gas and Propane Tanks .. 263 Division 5, Heating Devices.

5 264 Division 6, Carbon Monoxide Detection Systems .. 265 Subchapter X, Transportation .. 268 Appendix I: Definitions .. 277 Appendix II, Vaccine-Preventable Diseases .. 282 Revised May 2021 5 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.

6 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.

7 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. Revised May 2021 6 Maintaining Compliance It is essential that you, your employees, and your caregivers recognize four critical aspects of CCR s efforts to protect the children in care and to help operation employees and caregivers comply with the law, rules, and Standards . 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 .

8 The frequency of inspections will fluctuate depending on the type of permit and the operation s history of compliance with the Minimum Standards , rules, and law. During any inspection, if we find that your operation does not meet Minimum standard, rule, or law, the deficiencies are discussed with the person in charge at the time of the inspection. You will be given an opportunity to correct deficiencies within a specified period of time. If you have questions, concerns, or disagree with the citation, we encourage you to talk with us before we leave your operation. If your concerns are not resolved, you may request an administrative review. Revised May 2021 7 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.

9 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 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.

10 Revised May 2021 8 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.