CHAPTER 43. REGULATION OF CHILD-CARE AND CHILD-PLACING AGENCY ADMINISTRATORS
HUMAN RESOURCES CODE
TITLE 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF
PROTECTIVE AND REGULATORY SERVICES
SUBTITLE D. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; CHILD
WELFARE AND PROTECTIVE SERVICES
CHAPTER 43. REGULATION OF CHILD-CARE AND CHILD-PLACING AGENCY
ADMINISTRATORS
Sec. 43.001. DEFINITIONS. In this chapter:
(1) "Child-care institution" has the meaning assigned by Section
42.002.
(2) "Child-care administrator" means a person who supervises and
exercises direct administrative control over a child-care
institution and who is responsible for its program and personnel,
whether or not the person has an ownership interest in the
institution or shares duties with other persons.
(3) "Child-placing agency" has the meaning assigned in Section
42.002.
(4) "Child-placing agency administrator" means a person who
supervises and exercises direct control over a child-placing
agency and who is responsible for the child-placing agency's
program and personnel, regardless of whether the person has an
ownership interest in the child-placing agency or shares duties
with other persons.
Acts 1979, 66th Leg., p. 2368, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.112, eff. September 1, 2005.
Sec. 43.003. LICENSE REQUIRED. (a) Except as provided by
Subsection (b) of this section, a person may not serve as a
child-care administrator of a child-care institution without a
license issued by the department under this chapter.
(b) A person who is not licensed under this chapter may serve as
the child-care administrator of an emergency shelter located in a
county with a population of less than 40,000 if the governing
body of the shelter by resolution adopted by a majority vote of
the membership of the governing body certifies that the shelter
has made a reasonable effort to hire a licensed child-care
administrator but is unable to hire a licensed child-care
administrator.
(c) A person may not serve as a child-placing agency
administrator without a license issued by the department under
this chapter.
Acts 1979, 66th Leg., p. 2368, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1987, 70th Leg., ch. 1052, Sec.
4.10, eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 664, Sec. 6,
eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.113(a), eff. September 1, 2005.
Sec. 43.004. QUALIFICATIONS FOR LICENSE. (a) To be eligible
for a child-care administrator's license a person must:
(1) provide information for the department's use in conducting a
criminal history and background check under Subsection (c);
(2) pass an examination developed and administered by the
department that demonstrates competence in the field of
child-care administration;
(3) have one year of full-time experience in management or
supervision of child-care personnel and programs; and
(4) have one of the following educational and experience
qualifications:
(A) a master's or doctoral degree in social work or other area
of study; or
(B) a bachelor's degree and two years' full-time experience in
child care or a closely related field.
(b) To be eligible for a child-placing agency administrator's
license a person must:
(1) provide information for the department's use in conducting a
criminal history and background check under Subsection (c);
(2) pass an examination developed and administered by the
department that demonstrates competence in the field of placing
children in residential settings or adoptive homes;
(3) have one year of full-time experience in management or
supervision of child-placing personnel and programs; and
(4) have one of the following educational and experience
qualifications:
(A) a master's or doctoral degree in social work or other area
of study; or
(B) a bachelor's degree and two years' full-time experience in
the field of placing children in residential settings or adoptive
homes or a closely related field.
(c) Before the department issues a license under this chapter,
the department must conduct a criminal history and background
check of the applicant using:
(1) the information made available by the Department of Public
Safety under Section 411.114, Government Code, or by the Federal
Bureau of Investigation or other criminal justice agency under
Section 411.087, Government Code; and
(2) the information in the central registry of reported cases of
child abuse or neglect established under Section 261.002, Family
Code.
Acts 1979, 66th Leg., p. 2368, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.114(a), eff. September 1, 2005.
Sec. 43.0041. EXAMINATION RESULTS. (a) Not later than the 30th
day after the date on which a licensing examination is
administered under this chapter, the department shall notify each
examinee of the results of the examination. However, if an
examination is graded or reviewed by a national testing service,
the department shall notify examinees of the results of the
examination not later than the 14th day after the date on which
the department receives the results from the testing service. If
the notice of examination results graded or reviewed by a
national testing service will be delayed for longer than 90 days
after the examination date, the department shall notify the
examinee of the reason for the delay before that 90th day.
(b) If requested in writing by a person who fails a licensing
examination administered under this chapter, the department shall
furnish the person with an analysis of the person's performance
on the examination.
(c) A person who fails an examination three times may not submit
a new application for a license until after the first anniversary
of the date the person last failed the examination.
Added by Acts 1987, 70th Leg., ch. 1052, Sec. 4.11, eff. Sept. 1,
1987.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.115(a), eff. September 1, 2005.
Sec. 43.0042. RECOGNITION OF LICENSE ISSUED BY ANOTHER STATE.
(a) The department may waive any prerequisite to obtaining a
license for an applicant:
(1) after reviewing the applicant's credentials and determining
that the applicant holds a valid license from another state that
has license requirements substantially equivalent to those of
this state; or
(2) after determining the applicant has a valid license from
another state with which this state has a reciprocity agreement.
(b) The department may enter into an agreement with another
state to permit licensing by reciprocity.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 44, eff. Sept. 1,
1997.
Sec. 43.005. RULES. The board may make rules to administer the
provisions of this chapter.
Acts 1979, 66th Leg., p. 2368, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Sec. 43.0055. COMPETITIVE BIDDING OR ADVERTISING RULES. (a)
The department may not adopt rules restricting competitive
bidding or advertising by a license holder except to prohibit
false, misleading, or deceptive practices.
(b) In its rules to prohibit false, misleading, or deceptive
practices, the department may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a license holder's personal appearance
or voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
license holder; or
(4) restricts the license holder's advertisement under a trade
name.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 45, eff. Sept. 1,
1997.
Sec. 43.006. FEES. The board may set and charge fees for
administering an examination and issuing an initial license,
renewal license, or provisional license in amounts necessary to
cover the costs of administering this chapter.
Acts 1979, 66th Leg., p. 2369, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 386, ch. 81,
Sec. 13(a), eff. Sept. 1, 1983; Acts 1997, 75th Leg., ch. 1022,
Sec. 46, eff. Sept. 1, 1997.
Sec. 43.007. LICENSE APPLICATION. (a) A person who has the
education and experience required by Section 43.004 of this code
may apply to the department for a license.
(b) The applicant shall send the appropriate license fee with
the application.
Acts 1979, 66th Leg., p. 2369, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 386, ch. 81,
Sec. 13(b), eff. Sept. 1, 1983.
Sec. 43.008. LICENSING. (a) The department shall issue a
license to a person who has satisfied all the licensing
requirements.
(b) The license is valid for a period of two years from the date
issued.
Acts 1979, 66th Leg., p. 2369, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Sec. 43.0081. PROVISIONAL LICENSE. (a) The department may
issue a provisional child-care administrator's license to an
applicant licensed in another state who applies for a license in
this state. An applicant for a provisional license under this
section must:
(1) be licensed in good standing as a child-care administrator
for at least two years in another state, the District of
Columbia, a foreign country, or a territory of the United States
that has licensing requirements that are substantially equivalent
to the requirements of this chapter;
(2) have passed a national or other examination recognized by
the department that demonstrates competence in the field of
child-care administration; and
(3) be sponsored by a person licensed by the department under
this chapter with whom the provisional license holder may
practice under this section.
(b) The department may waive the requirement of Subsection
(a)(3) for an applicant if the department determines that
compliance with that subsection constitutes a hardship to the
applicant.
(c) A provisional license is valid until the date the department
approves or denies the provisional license holder's application
for a license. The department shall issue a license under this
chapter to the provisional license holder if:
(1) the provisional license holder passes the examination
required by Section 43.004;
(2) the department verifies that the provisional license holder
has the academic and experience requirements for a license under
this chapter; and
(3) the provisional license holder satisfies any other license
requirements under this chapter.
(d) The department must complete the processing of a provisional
license holder's application for a license not later than the
180th day after the date the provisional license is issued. The
department may extend the 180-day limit if the results of the
license holder's examination have not been received by the
department.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 47, eff. Sept. 1,
1997.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.116, eff. September 1, 2005.
Sec. 43.009. LICENSE RENEWAL. (a) To be eligible for license
renewal, a license holder shall present evidence to the
department of participation in a program of continuing education
for 15 hours of formal study each year during the two-year period
before the renewal.
(b) The board shall recognize, prepare, or administer continuing
education programs for license holders. The continuing education
requirement may be fulfilled by studies in the areas of legal
aspects of child care, concepts related to the field of social
work, or other subjects approved by the department.
(c) A person who is otherwise eligible to renew a license may
renew an unexpired license by paying to the department before the
expiration date of the license the required renewal fee. A person
whose license has expired may not engage in the activities that
require a license until the license has been renewed under the
provisions of this section.
(d) If a person's license has been expired for 90 days or less,
the person may renew the license by paying to the department one
and one-half times the required renewal fee.
(e) If a person's license has been expired for longer than 90
days but less than one year, the person may renew the license by
paying to the department two times the required renewal fee.
(f) If a person's license has been expired for one year or
longer, the person may not renew the license. The person may
obtain a new license by submitting to reexamination and complying
with the requirements and procedures for obtaining an original
license. If the person was licensed in this state, moved to
another state, and is currently licensed and has been in practice
in the other state for the two years preceding application, the
person may renew an expired license without reexamination. The
person must pay to the department a fee that is equal to two
times the required renewal fee for the license.
(g) At least 30 days before the expiration of a person's
license, the department shall send written notice of the
impending license expiration to the person at the licensee's last
known address according to the records of the department.
Acts 1979, 66th Leg., p. 2369, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 386, ch. 81,
Sec. 13(c), eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 1052,
Sec. 4.12, eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 1022,
Sec. 48, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.117(a), eff. September 1, 2005.
Sec. 43.010. LICENSE DENIAL, REVOCATION, SUSPENSION, OR REFUSAL
TO RENEW; REPRIMAND OR PROBATION. (a) The department may deny,
revoke, suspend, or refuse to renew a license, or place on
probation or reprimand a license holder for:
(1) violating this chapter or a rule adopted under this chapter;
(2) circumventing or attempting to circumvent the requirements
of this chapter or a rule adopted under this chapter;
(3) engaging in fraud or deceit related to the requirements of
this chapter or a rule adopted under this chapter;
(4) providing false or misleading information to the department
during the license application or renewal process for any
person's license;
(5) making a statement about a material fact during the license
application or renewal process that the person knows or should
know is false;
(6) having a criminal history or central registry record that
would prohibit a person from working in a child-care facility, as
defined by Section 42.002, under rules applicable to that type of
facility;
(7) using drugs or alcohol in a manner that jeopardizes the
person's ability to function as an administrator; or
(8) performing duties as a child-care administrator in a
negligent manner.
(b) A person whose license is revoked under Subsection (a) is
not eligible to apply for another license under this chapter for
a period of five years after the date the license was revoked.
(c) Repealed by Acts 2005, 79th Leg., Ch. 268, Sec. 1.129(5),
eff. September 1, 2005.
(d) If a license holder is placed on probation, the department
may require the license holder:
(1) to report regularly to the department on the conditions of
the probation;
(2) to limit practice to the areas prescribed by the department;
or
(3) to continue or renew professional education until the
practitioner attains a degree of skill satisfactory to the
department in those areas in which improvement is a condition of
the probation.
Acts 1979, 66th Leg., p. 2369, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1987, 70th Leg., ch. 1052, Sec.
4.13, eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 1022, Sec.
49, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.118, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
268, Sec. 1.119(a), eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
268, Sec. 1.129(5), eff. September 1, 2005.
Sec. 43.0105. REVOCATION OF PROBATION. The department may
revoke the probation of a license holder if the license holder
violates a term of the conditions of probation.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 50, eff. Sept. 1,
1997.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.120, eff. September 1, 2005.
Sec. 43.0106. ADMINISTRATIVE HEARING. (a) If the department
denies a license or proposes to suspend, revoke, or refuse to
renew a person's license, the person is entitled to a hearing
conducted by the State Office of Administrative Hearings.
Proceedings for a disciplinary action are governed by the
administrative procedure law, Chapter 2001, Government Code.
Rules of practice adopted by the executive commissioner under
Section 2001.004, Government Code, applicable to the proceedings
for a disciplinary action may not conflict with rules adopted by
the State Office of Administrative Hearings.
(b) A person may not continue to operate as a licensed
child-care administrator or child-placing agency administrator
during the appeal process if the department determines that the
person is an immediate threat to the health or safety of a child.
(c) The department must notify the person, and if applicable,
the governing body of the facility that employs the person, of
the department's determination under Subsection (b).
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 50, eff. Sept. 1,
1997.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.121, eff. September 1, 2005.
Sec. 43.011. APPEALS. (a) A person whose license application
is denied or whose license is revoked is entitled to written
notice of the reasons and may request that the department provide
a hearing.
(b) The hearing shall be held within 30 days after the date the
department receives the request.
(c) If the hearing results in the department upholding the
license denial or revocation, the person may challenge the
department's decision by filing suit in a district court in the
county where the person resides within 30 days after the date the
person receives notice of the department's final decision.
(d) The trial shall be de novo.
Acts 1979, 66th Leg., p. 2369, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Sec. 43.012. PENALTY. A person who serves as a child-care or
child-placing agency administrator without the license required
by this chapter commits a Class C misdemeanor.
Acts 1979, 66th Leg., p. 2369, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1997, 75th Leg., ch. 1063, Sec. 8,
eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.122, eff. September 1, 2005.