O-738-9-86SECTION I
SECTION II
SECTION III
SECTION IV
EXHIBIT "A"
EXHIBIT "B"
?Aml�j
ORDINANCE NO.
CITY OF ALLEN
ENVIRONMENTAL HEALTH ORDINANCE
INDEX
FOOD SERVICE SANITATION 2
SWIMMING POOLS 88
CHILD CARE CENTERS 110
ADMINISTRATION 118
FEE SCHEDULE 121
FOOD SERVICE ESTABLISHMENT 122
INSPECTION REPORT
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ORDINANCE NO. 738-9-86
CITY OF ALLEN
ENVIRONMENTAL HEALTH ORDINANCE
AN ORDINANCE ESTABLISHING AND REGULATING THE
HEALTH AND ENVIRONMENTAL STANDARDS FOR THE CITY OF
ALLEN, COLLI N COUNTY, TEXAS; PR40V I D I NG RULES AND
REGULATIONS FOR A COMPREHENSIVE FOOD SERVICE
SANITATION PROGRAM; PROVIDING FOR REGULATIONS
GOVERNING PUBLIC AND SEMI-PUBLIC SWIMMING POOLS;
PROVIDING RULES FOR CHILD CARE OPERATIONS, AND
ADOPTING THE MINIMUM STANDARDS SET BY THE TEXAS
DEPARTMENT OF HUMAN RESOURCES; PROVIDING FOR
ENFORCEMENT; ESTABLISHING A SCHEDULE OF FEES;
PROVIDING A PENALTY OF ONE THOUSAND DOLLARS
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($1,000.00) FOR EACH OFFENSE; PROVIDING FOR AN
APPEAL PROCESS; PROVIDING FOR A CONFLICT AND
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE OF IMPLEMENTATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS:
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ORDINANCE NO. 738-9-86
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TABLE OF CONTENTS
SECTION I
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ARTICLE
1 PURPOSE
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ARTICLE
2 DEFINITIONS
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ARTICLE
3 FOOD CARE
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A. Faced
Suppl ies
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1. General
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2. S pec i a 1 requirement-.
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B. Food
Prat ect i an
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1. General
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2. Emergency occurrences
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C. Food
Storage
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1. Genera 1
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2. Refrigerated storage
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3. Hot storage
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j D. Food
Preparation
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1. Genera 1
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2_ Raw fruits and vegetables
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3. Cooking potentially hazardous faadV*
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4_ Dry milk and dry milk products
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5. Liquid, frozen, dry aggs, and egg products 20
G. Reheating potentially hazardous foods
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7. Nan -dairy products
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S. Prad uct t emperat ures
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9. Thawing potentially hazardous foods
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E. Food
Display and Service
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1. Potentially hazardaus foods
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2. Milk and milk dispensing
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3. Nondairy product dispensing
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4_ Condiment dispensing
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5. Ice dispensing
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6. Dispensing utensils
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7. Resery i ce
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S. Display equipment
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9. Reuse of tableware
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F. Faced
transportation
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G. Coding and Dating
ARTICLE 4 PERSONNEL
A. Employee health
B. Personal cleanlinass
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ORDINANCE NO. 738-9-86
Page
C. Clothing 26
D. Employee practices 27
E. Employer responsibility 27
ARTICLE 5 EQUIPMENT AND UTENSILS 28
A. Materials 28
1. 64 --neral 28
2. Solder 28
3. Wood 28
4. Plastics and rubber 29
5. Mollusk and Crustacea shells 29
G. Single -service, 29
B. Design
and Fabrication
29
1.
General
29
2.
Accessi bi 1 ity
31
3.
In-place cleaning
31
4.
Pressure -spray -cleaning
31
5.
Thermometers 332
G.
Nan -food contact surfaces
32
7.
Vent i 1 at i on Hoods
32
8.
Existing equipment
33
C. Equipment Installation and Location 33
1. Genera 1 33
2. Table -mounted equipment 33-
3. Flaor-mounted equipment 34
4. Aisles and, work spaces 36
ARTICLE 6 CLEANING, SANITIZATION AND 36
STORAGE OF EQUIPMENT AND UTENSILS
A. Equipment and Utensil Cleaning and Sanitization 36
1. Cleaning frequency 36
2. Wiping cloths 37
3. Manual cleaning and sanitizing 38
4. Mechanical cleaning and sanitizing. 43
5. Drying 47
B. Equipment and Utensil Storage 48
1. Handling 48
2. Knives 48
3. Storage 48
4. Single service articles 49
5. Prohibited st ora g e area 50
ARTICLE 7 SANITARY FACILITIES AND CONTROL 50
A. Water Supply 50
1. General 50
2. Transportation 51
3. Bot t 1 ed water 51
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ORDINANCE NO. 738-9-86
4. Water under pressure
5. St eam
B. Sewage
C. Plumbing
i . Genera 1
2. Nanpatable water system
3. Backflow
4. Grease traps
5_ Garbage grinders}/diaposal units
G. Dva i ns
D. Toilet Facilitias
1. Toilet installation
2. Toilet design
3. Toilet roams
4. Toilet f i x t urea
E. Lavatory Facilities
1. Lavatory installation
2. Lavatory faucets
3. Lavatory supplies
'4. Lavatory maintenance
F. Garbage and Refuse
1. Containers
2_ Storage
3. Disposal
G. Insect and Rodent Control
I., General
2. Openings
3. Licensed Exterminators
ARTICLE 8 CONSTRUCTION AND MAINTENANCE OF
PHYSICAL FACILITIES
A. F 1 oars
B. Walls and Ceiling
C. Cleaning Physical Facilities
D. Lighting
E. Vent i 1 at ion
1. Genera 1
2. Special Ventilation
F. Dressing Rooms and Locker Argas
1. Dressing roams `
2. Locker area
G. Poisonous av Toxic Materials
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ORDINANCE NO. 738-9-86
1. Materials permitted
2. Labeling of materials
3. Storage of materials
4. Use of materials
5. Personal medications
G. First aid supplims
H. Prem i ses
1. General
2. Living areas
3. Laundry faci 1 it iQs
4. Linens and clothes storage
S. Cleaning equipment storage
S. Animals
SECTION 9 NON -CONFORMING USE
SECTION 10 MOBILE FOOD UNITS
A. Mobile Food Service
1. Banal -al
2. Restricted operation
3. Single -service articles
4. Water- system
S. Waste retention
B. Comm i awry
1. Base of operations
2. Servicing area
3. Sery i c i n" g opevat i ons
C. Mobile Operations Permit
1. Perm i t
2. Perm i t fee
ARTICLE 11 TEMPORARY FOOD SERVICE ESTABLISHMENT
A. General
B. Restricted operations
C. I ce
D. Equipment
E. Single service articles
F. Water
G. Wet storage
H. Wast e
I. Handwashing
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ORDINANCE NO.738-9-86
J. F 1 Dors
K. Walls and ceiling
ARTICLE 12. FOOD SERVICE PERMITS
A. Permits.,
1. Genal -al
2. Issuance of permit
3. Suspension of permit
4. Revocation of permit
S. Not i ces
1. Service of notices
2. Hearing
3. Perm i t refunding
4. Application after revocation
ARTICLE 13 INSPECTIONS
A. Access
H. Inspection frequency
C. Report of inspection
D. Correction of violations
E. Examination and condemnat ion -of food
F. Procedure when infection is suspected
G. Review of plans
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ORDINANCE NO. 738-9-86
SECTION I
PURPOSE: RULES AND REGULATIONS ON FOOD SERVICE
SANITATION; PROVIDING FOR PURPOSE, DEFINITIONS, FOOD CARE,
FOOD PROTECTION, FOOD STORAGE, PERSONNEL, EQUIPMENT AND
UTENSIL CLEANING, SANITIZATION AND STORAGE, SANITARY
FACILITIES AND CONTROLS, CONSTRUCTION AND MAINTENANCE OF
PHYSICAL FACILITIES, MOBILE FOOD UNITS, TEMPORARY FOOD
SERVICE ESTABLISHMENTS, REQUIRING PERMITS FOR THE
OPERATION OF FOOD SERVICE ESTABLISHMENTS, AND REGULATING
THE INSPECTION OF SUCH ESTABLISHMENTS.
ARTICLE 1_ Puvpase. The function of these rules is
to protect the public health by establishing uniform
requirements far food service and food processing
operations.
ARTICLE 2. Definitions.
rules:`
a
Far the purpose of these
(A) "Commissary" means a catering establishment,
restaurant, ar any other place in which food,- cantainers,
ar supplies are kept, handled, prepared, packaged -or
stored .
(B) "Corrosion -resistant materials" means those materials
that maintain their original surface chavacteristics -undev
prolonged influence of the food to be contacted, the
`normal use of cleaning compounds and bactericidal
salutians, and other, conditions -of -use environment.
(C) "Easily cleanable" means that surfaces are readily
k
accessible and made of .such materials and finish and sa
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ORDINANCE NO. 738-5-86 4
fabricated that residue may be effectively removed by
normal cleaning methods.
(D) "Employee" means individuals having supervisory at-
management
rmanagement duties and any other person working in a food
service establishment.'
(E) "Equipment'* means staves, ovens, ranges, hoods,
slicers, m i xers, meat b 1 asks, tables, counters,
refrigerators, sinks, dishwashing machine, $team tables,
and similar items other than utensils,, used in the
operation of a food service establishment.
(F) "Food" means any raw, cooked, or procesoed edible
substance, ice, beverage or ingredient used or intended
far use or far sale in whole-ar in part for human
consumption.
u
(G) "Food -contact surface" means thane surfaces of
equipment and utensils with which food normally comes in
contact, and thane surfaces fram which faced may drain,
drip at- splash back onto surfaces narmally in contact with
food.
(H) Food est a b 1 i shmertt s.
(1) "Faod pracessing establishment" means a
f
commercial establishment in which food is
0
manufactur-ed at- packaged far human consumpt ian.
Also included are food storage and distribution
warehauses.
(2) "Food service establishment" means any place
where food is prepared and intended far individual
portion service, and includes the site at which
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ORDINANCE NO. 739-9-196
individual portions are provided. The term
includes any such place regardless of whether
consumption is an or off the, premises and
regardless of whether there is a charge far, the
food. The term includes del. feat essen-type y
operations that prepare sandwiches intended Vow-
individual
orindividual portion service: The term also
4
includes retail food/grocery stores, commissaries,
i
schaals, hospitals, nursing homes, chi-ldcare
centers, fruit stands, vending trucks, vending
machines, industrial feeding establishment,
concession stands, catering service or public or
nonprofit organization or institution selling
food. The term does riot include private homes
where food is prepared or served far i ind i v i d ua 1
family consumption.
(I) "Hermetically sealed container" means a container -
designed and intended to be secure against the entry of
microarganisms and to maintain the commercial sterility of
its content after processing.
(J) "Kitchenware" means all multi -use utensils ather than
tableware.
(K) "Law" includes Federal, State and lacal statutes,
ordinances and regulations.
(L) "Mobile faced unit" means a vehicle -mounted food
service establishment designed to be readily movable.
(M) "Packaged" means bottled, canned or cartaned or
securely wrapped.
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ORDINANCE NO. 738-9-86
(N) "Person in charge" means the individual present in a
food service establishment who is the apparent supervisor
of the food service establishment at the time of
inspection. If no individual is the apparent supervisor,
than any employee present is the person in charge.
(0) "Potentially hazardous food" means any food that
consists in whole or in part of milk or, milk products,
eggs, meat, poultry, fish shellfish, edible Crustacea, at-
other-
r
other ingredients including synthetic ingredients, in a
t
form capable of supporting rapid and progressive growth of
infectious or toxogenic microorganisms. The term does not
include clean, whole, uncracked, odor -free shell eggs or
foods which have a pH level of 4.5 or below or a water-
activity
ater
activity (AN) value of 0.85 or less.
(P) "Reconstituted" means recombining dehydrated food
products with water or other liquids.
(0) "Regulatory authority" means the local health
enforcment authority or authorities in the City of Allen
F
having Jurisdiction over the food service establishment.
(R) "Safe materials" means articles manufactured from or
composed of materials that may not reasonably be expected
to result, directly or indirectly, in their becoming 'ex
component or otherwise affecting the characteristics of
any food. If materials are food additives or calor
s
additives as'defined in Section 201(m) or (t) of the
Federal Food, Drug and Cosmetic Act as used, they are
"safe" only if they are used in conformity with
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ORDINANCE NO. 738-9-86
regulations established pursuant to Section 409 ar Section
706 of the Act. Other materials are "safe" only if they
are not food additives or color additives as defined in
Section 201(s) ar (t) of the Federal Food, Drug and
Cosmetic Act, as used.
(S) "Sanitization" means effective bactericidal treatmwnt
[F
by a process that provides enough accumulative heat or
concentration of chemicals far enough time to reduce the
bacterial count, including pathogens, to a safe level an
utensils and equipment.
(T) "Sealed" means free of cracks ar other openings that
perm i t -the entry or passage of moisture.
(U) "Single -service articles" means cups, containers,
1 i d s, c 1 as ures, plates, knives, forks, spoons, stirrers,
paddles, straws, napkins, wrapping materials, toothpicks
and similar articles intended for one-time, one-person use
and than discarded.
(V) "Tableware" shall mean all multi -use eating and
drinking utensils including flatware (knives; forks and
spoons).
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(W) "Temporary food sevvice,establishment" means a food
service establishment that operates at a fixed location
far a period of time of not more than 14 consecutive days
in canjunction with a single event or celebration.
(X) "Utensil" means any implement used in the starage,
preparation, transportation or service of food.
(Y) Vending Machine means any self-service device which
dispenses serving of food in bulk ar in packages, without '
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.ORDINANCE NO. 738-9-86
the necessity of replenishing the unit between each
vending operation.
ARTICLE 3. FOOD CARE
(A) Food Supplies
(1) General. Food shall be in sound condition,
free from spoilage, filth, or other contamination
and shall be safe for human consumption. Food
shall be obtained from sources that comply with
all laws relating to food and food labeling. The
making of premade sandwiches and other-premade
packaged food other than individual portions is a
manufacturing process which requires proper
labeling and the facility shall be registered as a
manufacturer with the State of Texas. The use of
food in hermetically sealed containers -that was
not prepared in a food'processing-establishment is
prohibited. Expiration dates on all food "
containers shall be required.
(2) Special Requirements
(a)• All milk and milk products to include
dry milk sold in the City of Allen shall
be pasteurized.
(b) Fresh and frozen shucked shellfish
(oysters, clams or mussels) shall be
packed in nonreturnable packages
identified with the name and address of
a
the original shell stock processor,
shucker-packer or repacker, and the
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ORDINANCE NO. 738-9-86
interstate cert i f i cation riumber - -issued
according to law. Shell stock and shucked
shellfish shall be kept in-the,contairer
in which they were received until they are
used. Each container of unshucked shell
stock (oysters, clams or mussels) shall be
identified by an attached tag that states
the name and address of the original shell
stock processor, the kind and quantity of
.hall stock, and an i nt erst at e
certification number issued by the State
or foreign shellfish control agency.
(c) Only clean whole eggs, with shell
intact and without cracks or checks or
pasteurized liquid, frozen, or dry eggs orr
pasteurized dry egg products shall be
used, except that hard boiled, peeled
eggs, commercially prepared and packaged,
may be used.
(H) Food Protection
(1) General: At all times, including while being
stored, prepared, displayed, served,, or
transported, food shall be protected from
potential contamination, i nc 1, ud ieng dust, insects,
rodents, unc 1 wan equipment and- utensils,
moneyladen hands, unnecessary handling, coughs and
sneezes, flooding, drainage and overhead drippage
f ram condensation. The i nt erna 1 temperature of
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ORDINANCE NO. 738-9-86
patent ial ly hazardaus food shal l be 45' F. (7' C. )
or below or 140' F. (60' C. ) or above at al I t imam,
except as atherw'ise provided in these rules:
(2) Emergency Occurrences. In the event of an
occurrence, such as a Vii -e; f load, power outage or
similar event, which might result in -the
contamination of food, or -which might prevent,
potentially hazardous'food from being held at
required temperatures, the person in charge, shall
immediately contact the regulatory authority.
Upon receiving notice of this occurrence, the
regulatory authority shall take whatever action
that it deems necessary to protect the public
health.
(C) Food St ai -age.
(1) General.
(a) Food, whether raw at- prepared, if
removed from the container or package in
which it was obtained, shall be stared in
a clean covered cantainer except during
i
necessary periads of prepavatian or-
Mol-viae.
rservice. Container covers shall be
impervious and nonabsorbent, except that
linens or napkins may be used for lining
or covering bread at- roll containers.,
So 1 i d cut s of meat --.ha 1 1 be, prat acted by
being covered in storage, except that
quarters or, sides of meat may be hung
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ORDINANCE NO. 738-9-86
uncovered on clean -•sanitized hooks if' no
y food product is stored beneath the meat.
(b) Contai-ners•of food shall be stored a
minimum of six inches above the -floor in
the manner that protects the food from
r
splash and athev contamination, and that
permits easy cleaning of the storage area,
except that:
(i) Metal pressurized beverage
containers, and cased food ,
packaged in cans, glass ar, other
waterproof containers shall be
stared in a manner to allow easy
cleaning; and
1
(ii) Containers may be stored on
dollies, or racks, provided such
equipment i% easily moveable.
(iii) Bulk food products in food
%tavage and wavehouse_facilities
may be stared on pat l l et %.
(c) Food and cant a i ners of food %hal 1' not
be stared under expased ov unprotected
sewer lines or water lines; except far-
automatic
arautomatic fire protection sprinkler heads
that may, be veuired by law. The storage
of food and single service items in tailet
roams ov vestibules is pvahibited.
(d) Food not subject to further washing or
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ORDINANCE NO. 73a-9-66
cooking before -serving shall be -stored in
a way that protects it against
cross -contamination from food requiring
washing or cooking.
(e) Packaged food shall not be.stared in
contact with water at- undrained ice.
Wrapped sandwiches shall, not be stared in
d i rect contact with ice.
(f) Unless its identity is unmistakable,
bulk food such as cooking oil, syrup,
salt, sugar or flour not stored in the
product container or package in which it
was obtained, %ha 1 1 be stored - i n a
container identifying the food by common
name.
(2) Refrigerated Storage.
(a) Conveniently located refrigeration
facilities or effectively insulated
facilities shall be provided to -assure the
maintenance of all potentially hazardous
food at required temperatures during
storage. Each mechanically refrigerated
facility storing potentially hazardous
food shall be provided with a numerically
sca 1 ed i nd i cat ring t hermomet er, accurate to
0-/-1.7'1C),, located to measure the
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air temperature in the warmest part of the
facility and located to be easily
ORDINANCE NO. 738-9-86
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readable. Recording' thermometers,
accuti^ate to +/-3' F. t+/-1. 7' C), may be
used`in lieu of indicating thermometers.
(b) Potentially hazardous food requiring
refrigeration after preparation shall be
rapidly cooled to an internal temperaturQ
of 451F. (79C.) or below. Pat ent i a l l y
hazardous foods of large volume ar
prepared in'large quantities shall be
rapidly cooled utilizing such methods as
shallow pans, agitation, quick chilling at-
water-
rwater circulation external to the food
container, so that the cooling period shall
not exceed four' (4) hours. Potentially
hazardous food to be transported shall be
I.
prechilled and held at a temperature of
45' F. (7's C. ) or below unless maintained in
accordance with paragraph (3) (b) of
subsectian (C) of this rule. '
(c) Frozen foods shall be kept frozen and
sh a 1 1 be stored at a temperature of 09F.
(-18' C. ) ar below.
(d) Ice intended far human consumption
shall be from an approved source, and ynot
be used as a medium for cooling stored
food, food containers ar food utensils,
except that such ice may be used far
coaling tubes conveying beverages or
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ORDINANCE NO. 738-9-86
beverage ingredients to a dispenser h
E
Ice used far cooling stared food and good
cantainers shall not be used for human
cornsumpt ion.
(3) Hot Storage.
A
(a) Conveniently located -hat food storage
facilities shall be pravided to assure the
maintenance of food at the required
temperature during storage. Each hot, food
facility staring potentially hazardous
toad shall be provided with a numerically
scaled indicating thermometer, accurate to
F. (+/-1. 7' C) , lacated to meisuve the
air temperature in the caolest• part of the
facility and located to be easily
readable. Recording thermometers accurate
to +/-3' F. (-+-/-1.7'C.) may be used in lieu
of indicating thermometers. Where it is
impractical to install thermometers on
h equipment such as bainmariss, steam
tab 1 es, steam ket t 1 es,. heat lamps, ca 1 -rod
units, or insulated food transport
carriers, a product thermometer must be
available and used to check internal food
t emperat ure.
(b) The i nt erna 1 temperature of
potentially hazardous foods requiring hot
storage sha 1 1 be 14011F. (60'9C.) or above
ORDINANCE NO. 738-9-86
except during necessary periods of
pvepavaion. Potentially hazardous food to
be transported shall be held at a
temperature of 140' F. (60' C. ) or above
unless maintained in accordance with
paragraph (2) (b) of subsection (C) of E
this rule.
(D) Food Preparation.
(1) General. Food shall be prepared with the
-least possible manual contact, with suitable
utensils, and on surfaces that prior to use have
been cleaned, rinsed and sanitized to prevent
crass -contamination. Where operations require
continuous manual contact with potentially
hazardous foods, disposable gloves shall be used.
(8) Raw Fruits and Raw Vegetables. Raw fruits and
raw vegetables shall be tharoughly washed -with
H
potable water before being cooked or served.
(3) Cooking Potentially Hazardous Foods.
Potentially hazardaus foods requiring cooking
shall be cooked to heat all parts of the food to a
temperature of at least 1409F. (60' C.) , except
that:
(a) Paultry, poultry stuffings, stuffed
meats and stuffings containing meat shall
be cooked to heat all parts of the food to
at least 165' F. (74' C. ) with no
interruption of the cooking process:
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ORDINANCE NO. 738-9-86
(b) Park and any toad containing park
d
shall be caaked to heat all parts of the
food to at least 15011F.
(c) Rare roast beef shall be cooked to an
i nt erna 1 t emperat ure of at feast- 130', F.
(549 C. unless otherwise ordered by the
immediate consumer.
(4) Dry Milk and Dry Milk Products. Reconstituted
dry milk and dry milk products may be used in
G
instant desserts and whipped products, or far
cooking and baking purposes.
(5) Liquid, Frozen, Dry Eggs and Egg Praducts.
Liquid, fvazen, dry eggs and egg products shall be
used only for cooking and baking purposes.
(6) Reheating. Potentially hazardous foods that
have been cooked and then refrigerated, shall be
reheated rapidly to 16511F. (749C.) or higher
throughout before being served or before being
placed in a hat food storage facility. The
establishment shail utilize staves, ovens,
microwave ovens, and high heat- pressure steamers
for rapid reheating. Steam tables, bainmaries,
warmers, and similar hat food holding facilities
are prohibited far the rapid Y -cheating of
potentially hazardous foods.
(7) Nondairy Products. Nondairy creaming,
whitening, or whipping agents may be vecanstituted
on -the premises only when they will be stared in
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ORDINANCE NO. 738-9-86
sanitized, covered cantainers not exceeding -ane
gallon in capacity and cooled to 45' F. (7' C. ) or-
below
rbelow within four hours after preparation.
(8) Product Thermometers. Metal stem -type
numerically scaled indicating thermometers,,
,accurate to -1-/-2"F. (+/=1. 1' C.-),- %hal l be provided
and used to assure the attainment and maintenance
of proper internal cooking, -holding, or
refrigeration temperatures of all potentially
hazardous foods.
(9) Thawing Potentially Hazardous Foods.
Patentially hazardous foads shall be thawed:
(a) In refrigerated units at a•tempevature
not to exceed 45' F. (7' C. ; or
(b) Under potable running water of a
temperature of 7011F. (211C.) or be 1 ow,
with sufficient water velocity to agitate
and flaat off loose food particles into
the overflow; or-
(c)
r
(c) In a microwave aven ONLY when the food
will be immediately transferred to
conventional cooking facilities as part of
a continuous cooking process or when the
entire, uninterrupted cooking process
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takes place in the microwave oven; at-
(d)
r(d) As part of the conventional cooking
process.
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ORDINANCE NO. 738-9-86
(E) Food Display and Service.
(1) Potentially Hazardous Foods. Obtentially
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hazardous food shall be kept at an internal
t emperat ure of 459 F. ( 7' C. ) or< be 1 ow or at an
i nt erna 1 t empeerat ure of 1409F. (6011C.) or above
during display and service, except that rare roast
beef shall be held far service at a temperature of
at l east 130' F. (5411C.).
(2) Milk -and Cream Dispensing.
(a) Milk and milk products far drinking
purposes shall be provided to the consumer
in an unopened, commercially filled
package not exceeding one pint in
capacity, or drawn from a commercially
filled container stored in a -mechanically
refrigerated bulk milk dispenser. Where
it is necessary to provide individual
servings under special institutional
circumstances, milk and milk products may
be poured from a commercially filled
container provided such a procedure is
authorized by the regulatory authority.
Where a bulk dispenser for milk and. milk
products is not available and portions -of
less than one-half pint are required for
mixed drinks, cereal-, or dessert service,
milk and milk products may be poured from
4
ORDINANCE NO. 738-9-86
a commerciaily filled container.
Expiration dates on all milk products
shall be observed.
(b) Cream or half and half shall be
provided in; ark individual service
container, protected pour -type pitcher, or
drawn from a refrigerated dispenser
designed for such service.
(3) Nondairy Product Dispensing. Nondairy
creaming or whitening agents shall be provided in
an individual service container, protected
pour -type pitcher, or drawn from'a refrigerated
dispenser designed far such service.
(4) Condiment Dispensing. "
(a) Condiments, seasonings and dressings
for self-service use shall be provided in
individual packages, from dispensers, or
from containers protected in accordance
with paragraph (8) of subsection (E) of
this rule.
(b) Condiments provided for table or,
counter service shall be individually
portioned, except that catsup and other
sauces may be served in the original
container or pour -type dispenser. Sugar-
for-
ugarfor consumer usage shall be provided, in
individual packages or in pour -type $.
dispensers.
23
ORDINANCE NO. 738-5-86
ill
(5) Ice Dispensing. Ice far consumer use shall be
dispensed only by employees with scoops, tangs, or-
other-
rother ice -self -dispensing utensils or through
automatic service, ice -dispensing equipment. Ice
dispensing utensils shall be stored an a clean
'surface or in the ice with the dispensing
-utensil's handle extended out of the ice. Between
uses, ice transfer receptacles shall be stared in
a way that protects them fram contamination. Ice
storage bins shall be drained through an air gap
of at least.2 inches to the sewer. Automatic
service units shall be used far self-service.
(6) Dispensing Utensils. To avoid unnecessary
manual contact with food, suitable dispensing
utensils shall be used by employees or provided to
consumers who serve themselves. between uses
during service, dispensing utensils shall be:
(a) Stored in the food with the dispensing
utensil handle extended out of the food;
Gin
(b) Stored clean and dry; or
(c) Stoned -in running water; or
(d) Stored either in a running water-
11
ater
m
dipper well, an clean and dry in the case
of dispensing utensils and malt callars
used in preparing frozen desserts.
(7) Reservice. Once served to a cansumer,
portions of leftover toad shall not be served
_
24
ORDINANCE NO. 738-9-86
again except that packaged food, other than
potentially hazardous food, that is still packaged
and is still in sound condition, may be re -served.
(8) Display Equipment. Food on display shall be
protected from consumer contamination by the use
of packaging or by the use of easily cleanable
counter, serving line or salad bar protector
devices, closed display cases, or by other.
effective means. Enough hat or cold food
facilities shall be available to maintain the
required temperature of potentially hazardous food
on display.
(5) Reuse of ,Tableware. Reuse of soiled tableware
by self-service consumers returning to the service
area for additional food is prohibited. Beverage
cups and glasses are exempt from this requirement.
(F) Food Transportation. During transportation, food and
food utensils shall be kept in covered containers or-
completely
rcompletely wrapped or packaged so as to be protected from
contamination. Foods in original individual packages do
not need to be over -wrapped or covered if the original
package has not been torn or broken. During
transportation, including transportation'to another
location for service or catering operatians, food shall
meet the requirements of tAose rules relating to food
x
protecion and food storage.
(6) Coding and Dating. Coding and dating of food shall be
monitored by the regulatory authority to insure the dates
25
ORDINANCE NO. 738-9-86
are being utilized properly by the food industry.
ARTICLE 4. PERSONNEL
I
(A-) Employee Health. No person, while infected with a
communicable disease that can be transmitted by foods or
who is a carrier of organisms that cause such a disease at-
while
rwhiie afflicted with a boil, an infected wound, or an
acute respiratory infection, or exhibits signs of ill"Hess,
shall work in a food service establishment in any capacity
in which there is a likelihood of such person
contaminating food ov food -contact surfaces with
pathogenic organisms or transmitting disease to other
persons.
(B) Personal Cleanliness. Employees shall thoroughly wash
their hands and the exposed portions of their arms with
soap and warm water before starting work, during work as
often as is necessary to keep them clean, and after
smoking, eating, drinking ov using the toilet. Signs
shall be posted to this effect. Employees shall keep
their fingernails clean and trimmed.
(C) Clothing. `
(1) The outer clothing of all employees shall be
clean and changed daily.
available and worn.
Aprons shall be made
(2) Employees shall use effective hair restraints
to prevent the contamination of food or
food_contact surfaces.
(3) Employees shall remove all insecure Jewelry,
and during periods when food is manipulated by
26
ORDINANCE NO. 738-9-86
hand, remove from hands any ,jewelry that cannot be
-adequately sanitized. Plain wedding rings are
acceptable.
(D) Employee Practices.
.&
(1) Employees shall consume food only in
designated dining areas. An employee dining area
shall not be so designated if consuming food there
may result in contamination of other food,
equipment, utensils or other items needing
protection. In that case, employees shall eat in
the customer dining area.
(2) Employees shall not use tobacco in any form
while engaged in food preparation or service, nor,
while in equipment -washing or utensil -washing or
food preparation areas. Employees shall use
tobacco only: in designated areas. An employee
tobacco use area shall not be designated for that
purpose if the use of -tobacco there may result in
contamination of food, equipment, utensils or
t
other items needing protection.
(3) Employees shall handle soiled tableware in a
way that minimizes contamination of their hand's.
(4) Employees shall maintain a high degree of
personal cleanliness and shall conform to good
hygienic practices during all working periods in
the food service establishment.
(E) Employer responsibility
(1) It shall be the responsibility of the
27
ORDINANCE -NO. 738-9-86
F
owner/management to enforce items (A) through (D)
of this section and to further certify to the City
Sanitarian that all employees are in compliance
with this code.
(2) Management shall be responsible' for employee
health compliance and cleanliness practices to the
point, of insuring these rules are completely
understood.
ARTICLE 5. EQUIPMENT AND UTENSILS
(A) Materials
(1 ) Gernera l . Mu 1 t i -use equipment and ut ens i 1 s
shall be constructed and repaired with safe
materials, including finishing materials; shall be
corrosion resistant and nonabsorbent; and shall be
smooth, easily cleanable and under conditions of
normal use. Single -service articles shall be made
from clean, sarii t ary, safe materia 1 s. Equipment , -
utensils and single -service articles shall not
impart odors, co 1 or or taste, nor cont r i but e to
the contamination of food.
(C) Solder. If solder is used, it shall be
composed of safe materials and be corrosion '
resistant.
(3) Wood. Hard maple or equivalently nonabsorbent
material that meets the general requirementsrset
forth in paragraph (1) of subsection (A) of this
rule, may be used for cutting blacks, cutting
boards, salad bowls and baker's tables. Wood may
26
ORDINANCE NO. 738-9-86
be used for single -service articles, such as chop
sticks, stirrers, or ice cream spoons. The use of
wood as a food -contact surface under other
circumstances is prohibited.
(4) Plastics and Rubber. Safe plastic ov safe
rubber or safe rubber -like materials that are
resistant under normal conditions of use to
scratching, scoring, decomposition, crazing,
chipping and distortion, that are of sufficient
weight and thickness to permit cleaning and
sanitizing by normal dishwashing methods, and
which meet the general requirements set forth in
paragraph (1) of subsection (A) of this rule,- may
be reused.
(5) Mollusk and Crustacea Shells. Mollusk and
crustacea shells may be used only once as a
serving container. Further reuse of such shells
Vow- food service is prohibited.
(6) Single -Service. Reuse of single -service
articles is prohibited.
(B) Design and Fabrication
(1) General. All equipment and utensils,
including plasticware, shall be commercially
designed and fabricated far durability under
conditions of normal use and shall be resistant to
denting, rusting, buckling, pitting, chipping and
crazing.
29
ORDINANCE NO. 738-9-86
(a) All faced -contact surfaces shall be of
stainless steel construction, including
shelving of walk-in refrigerators and
freezers, except where exposed to extreme
heat such as grills, griddle tops and
ski 1 lets.
(b) Walk-in units shall be flush with the
ceiling and sealed.
(c) Equipment containing bearings and
gears requiring unsafe lubricants shall be
designed and constructed so that the
lubricant cannot leak, drip or be forced
into food or onto food -contact surfaces.
Only safe lubricants shall be used on
equipment designed to receive lubrication
of bearings and gears on or within
food -contact surfaces.
(d) Tubing canveying beverages ov beverage
ingredients to dispensing heads may be in
contact with stored ice, provided that
such tubing is fabricated from safe
materials, is gvommeted at entry and exit
paints to preclude moisture (condensation)
from entering the ice machine or the ice
storage bin, and is kept clean. Drainage
or drainage tubes from dispensing units
shall not pass through the ice machine or
the ice storage bin. Such drainage must
30
ORDINANCE NO. 738-9-86
be routed directly to a floor drain.
(e) Sinks and drain boards shall be
self -draining.
(2) Accessibility. Unless designed for in-place
cleaning, food -contact surfaces shall be
accessible for cleaning and inspection:
(a) Without being disassembled; ow-
(b)
r(b) By disassembling without the use of
tools; 01-
(c)
r(c) by easy disassembling with the use of
only simple tools such as a mallet, a
screwdriver, or an open-end wrench kept
available near the equipment.
(3) In-place Cleaning. Equipment intended far
in-place cleaning shall be so designed and
fabricated that:
(a) Cleaning and sanitizing solutions can
be circulated throughout a fixed system
using an effective cleaning and sanitizing
procedure; and
(b) Cleaning and sanitizing solutions will
contact all interior and exterior
food -contact surfaces; and
(c) The system is self -draining or capable
of being completely evacuated.
(4) pressure Spray Cleaning. Fixed equipment
designed and fabricated to be cleaned and
sanitized by pressure spray methods shall have
31
ORDINANCE NO. 738-9-86
sealed electrical wiring, switches and
connections.
(5) Thermometers. Indicating thermometers
required for immersion into food ov cooking media
shall be of metal stem -type construction,
numerically scaled, and acuvate to -§-/-2'F.
(-#-/-1. i' C. ) .
(6) Nonfood -Contact Surfaces. Surfaces of
equipment not intended far contact with food, but
which are exposed to splash of food debris at-
which
rwhich otherwise require frequent cleaning, shall
be designed and fabricated to be smooth, washable,
free of unnecessary ledges, projections or
crevices, and readily accessible for cleaning, and
shall be of such material and in such repair as to
be easily maintained in a clean and sanitary
condition.
(7) Ventilation Hoads. Ventilation hoods and
devices shall be designed to prevent grease or
condensation from collecting on walls and
ceilings, and from dripping into food or onto food
and nonfood -contact surfaces. Filters or other
grease extracting equipment shall be readily
removable for cleaning and replacement if not
designed to be cleaned in place. Ventilation
hoods shall be of stainless steel construction,
flush with the ceiling and sealed. Splash areas
on wall or, walls between cooking surface and
32
ORDINANCE NO. 738-9-86
vent -a -hood equipment shall be of stainless steel.
(8) Existing Equipment. Equipment which was
installed in a food service and food processing
establishment prior to the effective date of these
rules, and which does not meet fully all of the
design and fabrication requirements of this rule,
shall be deemed acceptable in that establishment
as long as thane is no change of ownership, if it
is in good repair, capable of being maintained in
a sanitary condition, and the food -contact
surfaces are nontoxic and approved by the
regulatory authority. Replacement equipment and
new equipment acquired after the effective date of
these rules shall meet the requirements of these
vu 1 es.
(9) All existing equipment shall meet the design
and fabrication requirements of these rules no
l at ev than June 30, 1989.
(C) Equipment Installation and Location. (i) General. All
equipment shall be installed and maintained to facilitate
the cleaning thereof, and of all adjacent areas.
Equipment, including ice makers and ice storage equipment,
shall not be located under exposed or unprotected sewer
lines or water lines, open stairwells, at- other sources of
contamination. This requirement does not apply to
automatic fireprotections sprinkler heads that may be
reuired by law.
(2) Table Mounted Equipment.
33
ORDINANCE NO. 738-9-86
(a) Equipment that is placed on tables or
counters, unless portable, shall be sealed
to the table or counter, or elevated on
legs to provide at least a four inch
clearance between the table at- counter and
equipment and shall be installed to
facilitate the cleaning of the equipment
and adjacent areas.
(b) Equipment is portable within the
meaning of paragraph (2) of s.ubseEt-ior-- (C)
of this rule if:
(i) It is small and light enough
to be moved easily by one person;
and
(ii) It has no utility connection,
or has a utility connection that
disconnects quickly, or has a
flexible utility connection line
of sufficient length to permit the
equipment to be moved far easy
cleaning.
(3) Floor -mounted Equipment.
(a) Floor -mounted equipment, unless
readily movable, shall be:
(i) Sealed to the floor; at-
(ii)
r(ii) Installed on a raised
platform of the or other smooth
34
ORDINANCE NO. 738-9-86
masonry in a way that meets all
the requirements far sealing or
floor clearance; or-
(iii)
r(iii) Elevated on legs to provide
at least a six-inch clearance
between the floor and equipment,
equipment and wall, and between
equipment, except that vertically
mounted floor mixers may be
elevated to provide at least a
four -inch clearance between the
floor and equipment if no part of
the floor under the mixer is more
than six inches from cleaning
access.
(b) Equipment is easily movable if:
(i) It is mounted on wheels or
'casters; and
(ii) It has utility connection
that disconnects quickly, or has a
flexible utility line of
sufficient length to permit the
equipment to be moved far easy
cleaning.
(c) Unless sufficient space is provided
for easy cleaning between and behind each
unit of floor -mounted equipment, the space
between it and adjoining equipment units,
35
ORDINANCE NO. 735-9-86
and between it and adjacent walls, shall
be closed; or, if exposed to seepage, the
equipment shall be butted and sealed to
the adjoining equipment or adjacent walls.
(4) Aisles and Working Spaces. Aisles and working
spaces between units of equipment and walls, shall
be -unobstructed and of sufficient width to permit
employees to perform their duties readily without
contamination of food or food -contact surfaces by
clothing or personal contact. All easily movable
storage equipment such as racks and dollies shall
be positioned to provide accessibility to working
areas.
ARTICLE 6. CLEANING, SANITIZATION AND STORAGE OF
EQUIPMENT AND UTENSILS.
(A) Equipment and Utensil Cleaning and Sanitization.
(1) Cleaning Frequency.
(a) Tableware shall be washed, rinsed and
sanitized after each use.
(b) To prevent cross -contamination,
kitchenware and food -contact surfaces of
equipment shall be washed, rinsed and
sanitized after each use and following any
interruption of operations.
(c) Where equipment and utensils are used
for the preparation of potentially
hazardous foods, utensils and the
food -contact surfaces of equipment shall
36
ORDINANCE NO. 73a-9-86
be washed, rinsed and sanitized at
intervals throughout the day on a schedule
based on food temperature, type of food
and amount of food particle accumulation.
(d) The food -contact surfaces of grills,
griddles and similar cooking devices and
the cavities and door seals of microwave
ovens shall be cleaned at least once a
day; except that this shall not apply to
hot oil cooking equipment and hot oil
filtering systems. The food -contact
surfaces of all cooking equpment shall be
kept free of grease deposits and other
accumulated soil.
(e) Nonfood -contact surfaces of equipment
shall be cleaned as often as is necessary
to keep the equipment free of accumulation
of dust, grease, dirt, food particles and
other debris.
(2) Wiping Cloths.
(a) Cloths used far wiping food spills on
tableware, such as plates or bowls being
served to the consumer, shall be clean,
dry and used for no other purpose.
Sponges shall not be used.
(b) Moist cloths used for wiping food
spills on kitchenware and food -contact
surfaces of equipment shall be clean and
37
ORDINANCE NO. 738-9-a&
rinsed frequently in one of the sanitizing
solutions permitted in paragraph (3) (e)
(i thraugh vii) of subsection (A) of this
rule, and used for no other purpose.
These cloths shall be stared in the
sanitizing solutian between uses.
(c) Moist cloths used for cleaning
nonfood -contact surfaces of equipment such
as counters, dining table tops and shelves
shall be clean and rinsed as specified in
paragraph (2) (b) of subsection (A) of
this rule, and used far no other purpose.
These cloths shall be stored in the
sanitizing solution between uses.
(3) Manual Cleaning and Sanitizing.
(a) A three (3) compartment sink shall be
used if washing, rinsing and sanitizing of
utensils and equipment is done manually.
Existing establishments not having a three
(3) compartment sink that can demonstrate
an acceptable procedure for washing,
rinsing and sanitizing utensils and
equipment may be exempt from this
requirement only by the regulatory
authority. Sinks shall be large enough to
permit the complete immersion of the
utensils and equipment and each
compartment sink shall be supplied with
38
ORDINANCE NO. 738-9-86
hot and cold potable running water. A two
(2) compartment sink will be acceptable
where only single -service tableware is
used. Suitable equipment shall be made
available if washing, rinsing and
sanitizing cannot be accomplished by
immersion. A four compartment sink shall
be utilized where mixed drinks are
prepared. Sinks shall have automatic
dispensing injectors for detergent and
sanitizes.
(b) Sloped drain boards or easily movable
dish -tables of adequate size shall be
provided for proper handling of soiled
utensils prior to washing and far cleaned
utensils following sanitizing and shall be
located so as not to interfere with the
proper use of the dishwashing facilities.
(c) Equipment and utensils shall be
pveflushed or prescraped and, when
necessary, presoaked to remove gross food
particles and soil to insure that manual
or, automatic dishwashing results in
completely clean and sanitary utensils.
(d) Except for fixed equipment and
utensils too large to be cleaned in sink
compartments, manual washing, rinsing and
sanitizing shall be conducted in the
39
ORDINANCE NO. 738-9-86
following sequence:
(i) Sinks shall be cleaned priar
to use; and
(ii) Equipment and utensils shall
be thoroughly washed in the first
compartment with a hot detergent
solution that is changed
frequently.
(iii) Equipment and utensils shall
be rinsed free of detergent and
abrasives with clean water in the
second compartment; and
(iv) Equipment and utensils shall
be sanitized in the third
compartment according to one of
the methods included in paragraphs
(3) (e) ( i through v) of
subsection (A) of this rule.
(e) The food contact surfaces of all
equipment and utensils shall be sanitized
by:
(i) Immersion for at least
one-half (1/2) minute in clean,
hot water at a t emperat ure of at
least 170"F. (772C.); or(ii) Immersion far, at least one
(1) minute in a clean salution
containing at least 50 parts pat-
40
er
40
ORDINANCE NO. 738-9-86
million of available chlorine as a
by posh 1 or i t e and at a temperature
of at least 7511F. (2411C.); or
(iii) Immersion for at least one
(1) minute in a clean solution
containing at least 12.5 parts per-
million
ermillion of available iodine and
having a pH not higher than 5.0
and at a temperature of at least
7511F. (249C.); air-
(iv)
r
(iv) Immersion in a solution
containing an approved quaternary
ammonium compound { Q. A. C_ ) at a
strength and for a period of time
as stated on the product's
officially approved label.
Quaternary ammonium compounds
refers to products approved and
registered with the U.S.
Environmental Protection Agency;
at-
(v)
r
(v) Immersion in a clean solution
containing any other chemical
sanitizing agent approved by the
Texas Hoard of Health that will
provide the equivalent
bactericidal effect of a solution
containing at least 50 parts per
41
ORDINANCE NO. 738-9-86
million of available chlorine as
hypochlorite at a temperature of
at leant 751F. (24'2C.) for one ( 1 )
minute.
(f) When hot water is used far sanitizing,
the following facilities shall be provided
and usedz
(i) An integral heating device or
f i xt ure i nst a l l ed irk, on, or under
the sanitizing compartment of the
sink capable of maintaining the
water at a temperature of at least
17011F. (779c.); and
(ii) A numerically scaled
indicating thermometer, accurate
to -1-/-3"F. (+/-1. 7' C.) , convenient
to the sink for frequent checks of
water temperature; and
(iii) Dish baskets of such size
and design to permit complete
immersion of the tableware,
kitchenware and equipment in the
hot water.
(g) When chemicals are used for
sanitization, a test kit or other device
that accurately measures the parts per
million (ppm) concentration of the
solution shall be provided and used.
42
ORDINANCE NO. 738-9-86
(4) Mechanical Cleaning and Sanitizing.
(a) Cleaning and sanitizing may be done by
spray -type or immersion dishwashing
machines at- by any other type of machine
ov device if it is demonstrated that it
thoroughly cleans and sanitizes equipment
and utensils. These machines and devices
shall be properly installed, clean, and
maintained in good repair. Machines and
devices shall be operated in accordance
with manuf act urers' i nst v uct i ons, and
utensils and equipment placed in the
machine shall be exposed to all
dishwashing cycles. Automatic detergent
dispensers, wetting agent dispensers, and
liquid sanitizer injectors, shall be
properly installed and maintained.
(b) The pressure of final rinse water
supplied to spray -type dishwashing
machines shall not be less than 15 nor
more than 25 pounds per, square inch
measured in the water line immediately
adjacent to the final rinse cantrol valve.
A 1/4 inch IPS valve shall be pravided
immediately upstream from the final rinse
control valve to permit checking the flow
pressure of the final rinse water.
(c) Machine or water line mounted
43
ORDINANCE NO. 738-9-86
numerically scaled indicating thermometer-%
accurate to +/-3' f> t+/ -i. 7' C. ), %hal l be
providwd to indicate the temperature of
the water in each tank of the machine and
the temperature of the final rinse water -
as it enters the manifold.
(d) Rinse water tanks shall be protected
by baffles, curtains, or other effective
means to minimize the entry of wash water
into the rinse water. Conveyor% in
dishwashing machines shall be accurately
timed to assure proper exposure times in
wash and rinse cycles in accordance with
manufacturers' specifications attached to
the machines.
(e) Drain boards, sloped to drain, shall
be provided and be of adequate size fav-
the
arthe proper handling of sailed utensils
prior to washing and of cleaned utensils
following sanitization and shall be %a
located and constructed as not to
interfere with the proper use of the
dishwashing facilities. This does not
preclude the use of easily movable dish
tables for the storage of sailed utensils
or the use of easily movable dish tables
for the storage of clean utensils
following sanitization.
44
ORDINANCE NO. 738-9-86
(f) Equipment and utensils shall be
flushed or scraped and, when necessary,
soakeo to remove grass toad particles and
sail prior to being washed in a
dishwashing machine unless a prewash cycle
is a part of the dishwashing machine
operation. Equipment and utensils shall
be placed in racks, trays at- baskets, ar
on canveyars, in a way that faod-cantact
surfaces are expased to the unobstructed
application of detergent wash and clean
rinse waters and that permits free
draining.
(g) Machines (single -tank,
stationary -rack, door -type machines and
spray -type glass washers) using chemicals
for sanitization may be used pravided
that
(i) The temperature of the wash
water shall not be less than
120"F. (40' C.) ; and
(ii) The wash water shall be kept
clean; and
(iii) Chemicals added far
sanitization purpases shall be
automatically dispenses; and
(iv) Utensils and equipment shall
be exposed to the final chemical
45
ORDINANCE NO. 738-9-86
sanitizing rinse in accordance
with the manufacturers'
specifications for time and
concentration; and
(v) The chemical sanitizing rinse
water temperature shall be not
1e%% than 75' F. (24' C. ) nor less
than the temperature specified by
the machine's manufacturer; and
(vi) Chemical sanitizers used
shall be approved and a test kit
or other devices that accurately
measures the parts per million
concentration of the solution
shall be available and used.
(h) Machines using hat water for
sanitizing may be used provided that wash
water and pumped rinse water shall be kept
clean and water shall be maintained at not
less than the temperatures stated below:
(i) Single -tank, stationary -rack,
dual -temperature machine:
Wash t emperat ure - 150' F. (66's C. )
Final r i nse t emperat ure - 1809F.
(8211C.)
(ii) Single -tank,
stationary -rack,
single -temperature
46
ORDINANCE NO. 738-9-86
machine:
Wash t emperat ure - 165' F. ( 74' C. )
Final rinse temperature - 1651F.
(74' C. )
(iii) Single -tank, conveyor,
machine:
Wash temperature - 1681F. (71'9C.)
Final rinse temperature - 1809F.
(82' C. )
(iv) Multi -tank, conveyor machine:
Wash temperature - 1509F. (669C.)
Pumped rinse temperature - 1601F.
(71' C. )
Final rinse temperature - 1807F.
(82' C. )
(v) Single -tank, pot, pan and
utensil washer (either stationary
or moving -rack):
Wash temperature - 1409F. (681C.)
Final rinse temperature - 180"F.
(i) All dishwashing machines shall be
thoroughly cleaned at least once a day or
more often when necessary to maintain them
in a satisfactory and sanitary operating
Gond i t• i on.
(5) Drying. After sanitization, all equipment and
utensils shall be air, dried. The use of towels is
47
ORDINANCE NO. 738-9-86
flood level rim. A hose shall not be attached to
a faucet unless a backflow prevention device is
installed.
(4) Grease Traps. Grease traps are required and
shall be of size designated and located in
accordance with the specifications of the Uniform
Plumbing Code. Food service establishments, with
seating capacity of 50 or, more, are req u i red to
have a minimum 750 lb. capacity grease trap unless
otherwise allowed by the regulatory authoriy.
Grease traps shall be -located on the outside of
the building. All grease traps must be serviced
effectively and frequently enough to maintain
traps in satisfactory working avder to protect the
sanitary sewer from excessive contaminants.
Materials removed from a grease trap shall be
dispased of at an approved disposal site in a
lawful manner by a licensed hauler.
(5) Garbage Grinders/Disposal Units. If used,
gargabe grinders/disposal units shall be installed
and maintained according to law. Use ,judicially
so as not to overload the grease traps and
sanitary sewer.
(6) Drains. There shall be no direct connection
between the sewage system and any drains
originating from equipment in which food, par -table
equipment, or utensils are placed, except far
properly trapped open sinks. When a dishwashing
53
ORDINANCE NO. 738-9-86
prohibited.
(6) Food service establishments which do not have
adequate and effective facilities for cleaning and
sanitizing utensils shall use single service
articles.
(H) Equipment and Utensil Storage.
(1) Handling. Cleaned and sanitized equipment and
utensils shall be handled in a way that protects
them from contamination. Spoons, knives and forks
shall be touched only by their handles. Cups,
glasses, bowls, plates and similar items shall be
handled without contact with inside surfaces or
surfaces that contact the user's mouth.
(2) Knives shall be stored in a rack or holder-
designed
olderdesigned far that purpose and said holder shall be
kept clean.
(3) Storage
(a) Cleaned and sanitized utensils and
equipment shall be stared at least six
inches above the floor in a clean, dry
location in a way that protects them from
contamination by splash, dust and other
means. The food -contact surfaces of fixed
equipment shall also be protected from
contamination. Equipment and utensils
shall not be placed under exposed sewer
1 ines or water 1 ine%, except for automatic
fire protection sprinkler heads that may
48
ORDINANCE NO. 738-9-86
be required by law.
(b) Utensils shall be air dried before
being stared or shall be stored in a
self -draining position. Adequate drying
or storage racks shall be provided.
(c) Glasses and cups shall be stared
inverted. Other stored utensils shall be
covered or inverted. Facilities for the
storage of knives, forks and spoons shall
be designed and used to present the handle
to the employee ov consumer. Unless
tableware is pvewvapped, holders far
knives, forks and spoons at self-service
locations, shall protect these articles
from contamination and present the handle
of the utensil to the consumer.
(d) If presetting is practiced, all
unprotected, unused, preset tableware
shall be collected for washing and
sanitizing after the meal period; and
after any place at a table or counter is
occupied.
(4) Single -Service Articles.
(a) Single -service articles shall be
stored at least six inches above the floor
in closed cartons or containers which
protect them from contamination and shall
not be placed under exposed sewer lines or
49
ORDINANCE NO. 738-9-86
water lines, except for automatic fire
protection sprinkler heads that may be
required by law.
(b) Single -service articles shall be
handled and dispensed in a manner that
prevents contamination of surfaces which
may come in contact with food or with the
mouth of the user.
(c) Single -service knives, forks and
spoons packaged -in bulk shall be inserted
into holders or be wrapped by an employee
who has washed his hands immediately prior
to sorting ov wrapping the utensils.
Unless single -service knives forks and
spoons are prewrapped ov prepackaged,
holders shall be provided to protect these
items from conta►imination, and present the
handle of the utensil to the consumer.
(5) Prohibited Storage Area. The storage of food
equipment, utensils or single -service articles in
toilet rooms, bailer rooms or vestibules is
prohibited.
ARTICLE 7. SANITARY FACILITIES AND CONTROLS.
(A) Water Supply.
(1) General. Adequate potable water far the needs
of the food service establishment shall be
provided from a source constructed and operated
50
ORDINANCE NO. 738-9-86
according to law.
(2) Transportation. All potable water not
provided directly by pipe to the food service
establishment from the source shall be transported
in a bulk water transport system and shall be
delivered to a closed -water system. Both of these
systems shall be constructed and operated
according to, law.
(3) Battled Water. Bottled and packaged potable
water, shall be obtained from a source that
complies with all laws and shall be handled and
stored in a way that protects it from
contamination. Bottled and packaged potable water
shall be dispensed from the original container.
(4) Water Under Pressure. Water (hot and cold)
under pressure at the required temperatures shall
be provided to all fixtures and equipment that use
water.
(5) Steam. Steam used in contact with food or
food -contact surfaces shall be free from any
harmful materials or additives.
(B) Sewage. All sewage, including liquid waste, shall be
disposed of by a public sewerage system or by a sewage
disposal system constructed and operated according to law.
Nonwater carried sewage disposal facilities are
prohibited, except as permitted by Section 10 (pertaining
to temporary food service establishments) or as permitted
by the regulatory authority in remote areas or because of
51
ORDINANCE NO. 738-9-86
special situations. In the -event of sewage backup into
the food service facility, the preparation and serving of
food shall cease.
(C) Plumbing.
(1) General. Plumbing shall be sized, installed
and maintained according to law. There shall be
no cross -connection between the potable water-
supply
ater
supply and any nonpotable or questionable water-
supply
atersupply nor any source of pollution through which
the potable water supply might become
contaminated.
(2) Nonpotable Water System. A nonpotable watt--r-
system
atersystem is permitted only far purposes such as
air-conditioning and fire protection and only if
the system is installed according to law and the
nonpotable water does not contact, directly or
indirectly, food, potable water, equipment that
contacts, food or utensils. The piping of any
nonpotable water system shall be durably
identified so that it is readily distinguishable
from piping that carries potable water.
(3) Backflow. The potable water system shall be
installed to preclude the possibility of backflow.
Devices shall be installed to protect against
backflow and backsiphonage at all fixtures and
equipment where an air gap at least twice the
diameter of the water supply inlet is not provided
between the water supply inlet and the fixture's
52
ORDINANCE NO. 738-9-86
machine is located within five feet of a trapped
floor drain, the dishwasher waste outlet may be
connected directly on the inlet side of a properly
vented floor drain trap if permitted by law.
(D) Toilet Facilities.
(1) Toilet Installation. Toilet facilities shall
be inwstalled according to law, shall be the
number required by law, shall be conveniently
located, and shall be accessible to employees and
consumers at all times. Separate facilities shall
be made available far male and female employees
and patrons. In the case of take-out operations
where patrons do not eat on the premises, a single
toilet roam is acceptable,.if within the limits of
the Uniform Building and Plumbing Codes.
(2) Toilet Design. Toilets and urinals shall be
designed to be easily cleanable.
(3) Toilet Rooms. Toilet rooms shall be
completely enclosed and shall have tight -fitting,
self-closing; solid doors, which shall be closed
except during cleaning or maintenance.
(4) Toilet Fixtures. Toilet fixtures shall be
kept clean and in good repair. A supply of toilet
tissue shall be provided at each toilet at all
times. Easily cleanable receptacles shall be
provided for trash materials. Toilet rooms used
by women shall have at least one covered waste
receptacle for sanitary napkins.
54
ORDINANCE NO. 738-9-86
(E) Lavatory Facilities.
(1) Lavatory Installation. Lavatories shall be at
least the number, required by law, shall be
i nst a l- 1 ed accord i ng - t o law, and sh a l l be 1 ocat ed
to permit convenient use by all employees in food
preparation areas and utensil -washing areas.
Lavatories shall be accessible to employees at all
times. Lavatories shall also be located in toilet
rooms. Sinks used for food preparation or for-
washing
orwashing equipment ov utensils shall not be used
for handwashing.
(2) Lavatory Faucets. Each lavatory shall be
provided with hot and cold water tempered by means
of a mixing valve ov combination faucet. Any
self-closing, slow -closing, or metering faucet
used shall be designed to provide a flow of water
for at least fifteen seconds without the need to
reactivate the faucet. Steam -mixing valves are
prohibited.
(3) Lavatory Supplies. A supply of hand -cleansing
soap or detergent shall be available at each
lavatory. The use of bar soap at lavatories is
prohibited. A supply of sanitary towels or
hand -drying device providing heated air shall be
conveniently located near each lavatory. When
sanitary towels are used a single towel dispensing
unit shall be required. Common towels are
prohibited. If disposable towels are used, easily
55
ORDINANCE NO. 738-9-86
cleanable waste receptacles shall be conveniently
located near the handwashing facilities.
(4) Lavatory Maintenance. Lavatories, soap
dispensers, hand -drying devices, and all related
fixtures shall be kept clean and in good repair.
(F) Garbage and Refuse.
(1) Containers.
(a) Garbage and refuse shall be kept in
durable, easily cleanable, insect -proof
and rodent -proof containers that do not
leak and do not absorb liquids. Plastic
bags shall be used to line these
containers, and they may be used for
storage inside the food serice
establishment. When three-fourths full,
plastic bags are to be tied prior, to
disposal in dumpsters.
(b) Containers used in food preparation
and utensil -washing areas shall be kept
covered.
(c) Containers stored outside the
establishment, and dumpsters, compactors
and compactor systems shall be easily
cleanable, shall be provided with
tight -fitting lids, doors or covers, and
shall be kept covered when not in actual
use. In containers designed with drains,
drain plugs shall be in place at all
56
ORDINANCE NO. 738-9-86
times, except during cleaning.
(d) There shall be a sufficient number of
containers to hold all the garbage and
refuse that acumulates.
(e) Soiled containers shall be cleaned at
a frequency to prevent insect and rodent
attraction. Each container shall be
thoroughly cleaned on the inside and
outside in a way that does not contaminate
food, equipment, ut ens i 1 s, or food
preparation areas. Suitable facilities,
including hot water and detergent ov
steam, shall be provided and used far
washing containers. Liquid waste from
compacting or cleaning operations shall be
disposed of as sewage.
(c) Storage.
(a) Garbage and refuse on the premises
shall be stored in a manner to make it
inaccessible to insects and rodents.
Outside storage of unprotected plastic
bags av baled units containing garbage ov
refuse im prohibited. Cardboard or other
packaging material not containing garbage
at- food wastes shall be broken down and
stared in dumpsters.
(b) Garbage or refuse storage rooms, if
used, shall be constructed of easily
57
ORDINANCE NO. 738-9-86
cleanable, nonabsorbent, washable
materials, shall be kept clean, shall be
insect-proaf and rodent -proof and shall be
large enough to stare the garbage and
refuse containers that accumulate. Trash
storage rooms shall be protected by
automatic sprinklers as stated in the Fire
Code.
(c) Outside storage areas shall be
enclosed and shall be large enough to
store the garbage, refuse, and grease
containers, and space for spillage
cleanup. Garbage, ref use, grease
containers, dumpsters and compactor
systems located outside shall be stared on
or above a smooth surface of nonabsorbent
material, such as concrete or machine -laid
asphalt, that is kept clean and maintained
in good repair. Garbage and refuse
containers shall not be stored or placed
within five (5) feet of combustible walls,
openings, or roof wave.
(d) Special pickup of constructian or
remadeling debris, and bulk items shall be
the responsibility of the owner of the
Food service or processing establishment.
(3) Disposal.
(a) Garbage and refuse shall be disposed
58
ORDINANCE NO. 736-9-86
of often enough to prevent the development
of odor and the attraction of insects and
rodents.
(b) Where garbage or refuse is burned on
the premises, it shall be done by
controlled incineration that prevents the
escape of particulate matter, in accordance
with air quality regulations. Areas
around incineration facilities shall be
kept clean and orderly. Incineration
roams shall be protected by automatic
sprinklers.
(G) Insect and Rodent Control.
(1) General. Effective measures intended to
minimize the presence of rodents, flies,
cockroaches and other insects on the premises
shall be utilized. The premises shall be kept in
such condition as to prevent the harborage ov
feeding of insects or rodents. Implement a strong
housekeeping program in conjunction with a
licensed, reliable pest controller.
(2) Openings. Openings to the outside shall be
effectively protected against the entrance of
rodents. Outside openings shall be protected
against the entrance of insects, expecially flies,
by tight -fitting, self-closing doors, closed
windows, screen i rig, cant ro 1 1 ed a i r current s, or
other means. Screen doors shall be self-closing,
59
ORDINANCE NO. 738-9-86
and screens for windows, doors, skylights, intake
and exhaust air ducts, and other openings to the
outside shall be tight-fitting and free of breaks.
Screening material shall not be less than sixteen
(16 ) mesh to the inch ( 25. mm )
(3) Licensed exterminators. Licensed
exterminators shall conduct spraying in a food
service and food processing facility. Spraying
shall be conducted before or after food
preparation and service hours.
ARTICLE 8. CONSTRUCTION AND MAINTENANCE OF PHYSICAL
FACILITIES_
(A) Floors.
(1) Floor Construction. Floors and floor
coverings of all food preparation, food storage,
and utensil -washing areas, and the floors of all
walk-in refrigerating units, dressing rooms,
locker rooms, toilet roams and vestibules shall be
constructed of quarry tile, terrazzo, ceramic tile
or a durable grade of seamless vinyl ov plastic
and shall be maintained in good repair. Only
sealant, grout and glue of the highest quality
shall be used. Nothing in this rule shall
prohibit the use of antislip floor covering in
areas where necessary for safety reasons_
(2) Floor Carpeting. Carpeting, if used as a
floor covering, shall be of closely woven
construction, proper l y insta l led, eas i l y
s@
ORDINANCE NO. 73a-9-aS
cleanable, and maintained in good repair.
Carpeting is prohibited in food preparation,
equipment washing and utensil -washing areas where
it would be exposed to large amounts of grease and
water, in food storage areas and toilet room areas
where urinals or toilet fixtures are located.
(3) Prohibited Floor Covering. The use of
sawdust, wood shavings, preanut hulls or, similar
material as a floor covering is prohibited.
(4) Floor Drains. Properly isntalled, trapped
floor drains shall be provided in floors that are
water flushed for cleaning or that receive
discharges of water or other fluid waste from
equipment or in areas where pressure spray methods
for cleaning equipment are used. Such floors
shall be constructed only of quarry tile, terazzo,
ceramic tile or similar materials approved by the
regulatory authority and shall be graded to drain.
(5) Mats and Duckboards. Mats and duckboards
shall be of nonabsorbent, grease resistant
materials and of such size, design, and
construction as to facilitate their being easily
cleaned. Duckboards may be used as storage racks
in food storage and distribution warehouses. Mats
shall be cleaned in the cleaning facility.
(6) Floor Junctures. In all new or remodeled
establishments utilizing quarry tile, terrazzo,
ceramic tile or similar flooring materials, and
61
ORDINANCE NO. 738-9-86
where water flush cleaning methods are used, the
Junctures between walls and floors shall be coved
and sealed. In all other cases, the Juncture
between walls and floors shall not present an open
seam of mare than 1/3E inch.
(7) Utility Line Installation. Exposed utility
service lines and pipes shall be installed in a
way that does not obstruct or prevent cleaning of
the floor. In all new or remodeled
establishments, installation of exposed horizontal
utility lines and pipes on the floor is
pr -oh i b i t ed.
(B) Walis and Ceilings.
(1) Maintenance. Walls and ceilings, including
doors, windows, skylights, and similar closures,
shall be maintained in good repair.
(2) Construction. The walls, including
nonsupporting partitions, wall coverings, and
ceilings of walk-in refrigerating units, food
preparation areas, food storage areas,
equipment -washing and utensil -washing areas,
toilet rooms and vestibules shall be
light-colored, smooth, nonabsorbent and easily
cleanable.
(3 ) Ex posed Construction. Studs, J o i st s and
rafters shall not be exposed in those areas listed
in paragraph (2) of subsection (B) of this rule.
62
ORDINANCE NO. 73a -9-a6
If exposed in other, raam av areas, they shall be
finished to pvavide an easily cleanable surface.
(4) Utility Line Installation. Exposed utility
service lines and pipes shall be installed in a
way that does not abstruct or prevent cleaning of
the walls and ceilings. Utility service lines and
pipes shall not be unnecessarily exposed on walls
or ceilings in those areas listed in paragraph (2)
of subsection (H) of this rule.
(5) Attachments. Light fixtures, vent covers,
wall -mounted fans, decorative materials, and
similar equipment attached to walls and ceilings
shall be easily cleanable and shall be maintained
in good repair.
(6) Covering Material Installation. Cammercial
wall and ceiling covering materials shall be
attached and sealed so as to be easily cleanable.
(C) Cleaning Physical Facilities.
(1) General. Cleaning of floors and walls, except
emergency cleaning of floors, shall be done during
periods when the least amount of food is exposed,
such as after closing or between meals. Floor,
mats, duckboards, walls, ceilings and attached
equipment and decorative materials shall be kept
clean. Only dustless methods of cleaning floars
and walls shall be used, such as vacuum cleaning,
wet cleaning, at- the use of dust -arresting
sweeping compounds with brooms.
63
rORDINANCE WO. 738-9-66
(2) Utility Facility. In new or remodeled
establishments at least one utility sink or curbed
cleaning facility with a floor drain shall be
provided and used for the cleaning of mops or
s i m i l ar wet f 1 oar cleaning- too1s, f 1 oar mats,
trash cans, bulky items, etc. , and for the
disposal of mop water or similar liquid wastes,
the drain shall be plumbed to the grease trap.
The use of lavatories, utensil -washing or
equipment -washing, or food preparation sinks for-
this
orthis purpose is prohibited.
(D) Lighting.
(1) General. At least fifty (50) foot candles of
light shall be provided to all working surfaces
and at least thirty (30) foot candles of light
shall be provided to all other surfaces and
equipment in food preparation, utensil -washing,
and handwashing areas, and in toilet rooms. At
least twenty (20) foot candles of light at a
distance of thirty (30) inches from the floor-
shall
loorshall be provided in all other areas, except that
this requirement applies to dining areas only
during cleaning operations.
(2) Protective Shielding.
(a) Shielding to protect against broken
glass falling onto food shall be provided
for all -artificial lighting fixtures
located aver, by or within food storage,
64
ORDINANCE NO. 738-9-86
preparation, service and display
facilities, and facilities where utensils
and equipment are cleaned and stored.
(b) Infra -red or other heat lamps shall be
protected against breakage by a shield
surrounding and extending beyond the bulb,
leaving only the face of the bulb exposed.
(E) Vent i 1 at i on.
(1) General. All rooms shall have sufficient
ventilation to keep them free of excessive heat,
steam, condensation, vapors, obnoxious odors, smoke
and fumes. Ventilation hoods and devices shall be
designed to prevent grease or condensate from
dripping into food or onto food preparation
surfaces. Filters, where used shall be readily
removable for cleaning. Ventilation systems shall
be installed and operated according to law and,
when vented to the outside, shall not create an
unsightly, harmful or unlawful discharge.
(2) special Ventilation.
(a) Intake and exhaust air, ducts shall be
maintained to prevent the entrance of
dust, dirt and other contaminating
materials.
(b) In new or remodeled establishments,
all rooms, including restrooms, from which
obnoxious odors, vapors or fumes originate
shall be mechanically vented to the
65
ORDINANCE NO. 738-9-86
outside.
(F) Dressing Rooms and Locker Areas.
(1) Dressing Rooms. If employees routinely change
clothes within the establishment, rooms shall be
designated and used for that purpose. These
designated rooms shall not be used for food
preparation, storage or service, or far
utensil -washing or storage.
(2) Locker Area. Enough lockers or other suitable
facilities shall be provided and used for the
orderly storage of employee clothing and other
belongings. Lockers or other suitable facilities
may be located only in the designated dressing
rooms or areas containing only completely packaged
food or packaged single -service articles.
(6) Poisonous or Toxic Materials.
(1) Materials Permitted. Only those poisonous or
toxic materials necessary for the maintenance of
the establishment, the cleaning and sanitization
of equipment and utensils, and the control of
insects and rodents shall be present in food
service establishments.
(2) Labeling of Materials. Container% of
poisonous or toxic materials shall be prominently
and distinctly labeled according to law far easy
identification of contents.
(3) Storage of Materials. Poisonous or toxic
materials consist of the following three (3)
66
T ORDINANCE NO. 738-9-86
cat egaviese
(a) Insecticides and rodenticides;
(b) Detergents, sanitizers and related
cleaning av drying agents;
(c) Caustics, acids, polishes and other
chemicals.
Each of these categories shall be stared and
located to be physically separated from each
other. All poisonous or toxic materials shall be
stored in cabinets or in similar physically
separated compartments or facilities used for no
other purpose. To preclude potential
contamination, poisonous at- toxic materials shall
not be stared above food, food equipment, utensils
or single -service articles, except that this
requirement does not prohibit the convenient
availability of detergent or sanitizers at utensil
or dishwashing stations.
(4) Use of Materials.
(a) Bactericides, cleaning compounds ar
other compounds intended for use on
food -contact surfaces shall so indicate an
the manufacturer's label and not be used
in a way that leaves a toxic residue an
such surfaces, nor in a way that
constitutes a hazard to employees or other
persons.
(b) Poisonous or toxic materials shall not
67
ORDINANCE WO. 738-9-$6
be used in a way that contaminates food,
equipment or utensils, nor, in a way that
constitutes a hazard to employees or other
persons, nor in a way other than in full
compliance with the manufacturer's
labeling.
(5) Personal Medications. Personal medications
shall not be stored in food storage, preparation
or service areas. Medications shall be stored in a
designated area for this purpose only.
(6) First Aid Supplies. First aid supplies shall
be stared in a way that prevents them from
contaminating food and food -contact surfaces.
(H) Premises.
(1 ) Genera l .
(a) Food service establishments and all
parts of the property used in connection
with operations of the establishments
%hal 1 be kept free of 1 ittev.
(b) The walking and driving surfaces of
all exterior areas of food service
establishments shall be surfaced with
concrete or asphalt, or with gravel or-
similar-
r
similar material effectively treated to
facilitate maintenance and minimize dust.
These surfaces shall be graded to prevent
pooling of water and kept free of litter-.
(c) Only articles necessary for the
6a
ORDINANCE NO. 738-9-86
operation and maintenance of the food
service establishment shall be stared on
the premises. All unneeded articles and
equipment shall be removed. All parts of
the establishment shall be kept neat,
clean and free of litter.
(d) The traffic of unnecessary persons
through the food preparation and
utensil -washing areas is prohibited.
(2) Living Areas. No operation of a food service
establishment shall be conducted in any room used
as living or sleeping quarters. Food service
operations shall be separated from any living or
sleeping quarters by complete partitioning and
solid, self-closing doors.
(3) Laundry Facilities.
(a) Laundry facilities in a food service
establishment shall be restricted to the
washing and drying of linens, cloths,
uniforms and aprons necessary to the
operation. If such items are laundered on
the prem i yes, an e 1 act r i c, gas or steam
dryer shall be provided and used.
(b) Separate rooms shall be provided for
laundry facilities. Such operations may
be conducted in storage rooms containing
only packaged foods or, packaged
single -service articles.
69
ORDINANCE NO. 738-9-86
(4) Linens and Clothes Storage.
(a) Clean clothes and linens shall be
stored in a clean place and protected from
contamination until used.
(b) Sailed clothes and linens shall be
stored in nonabsorbent containers at-
washable
rwashable laundry bags until removed for
laundering.
(S) Cleaning Equipment Storage. Maintenance and
cleaning tools such as brooms, mops, vacuum
cleaners and similar equipment shall be maintained
and stared in a way that does not contaminate
food, utensils, equipment or linens and shall be
stared in an orderly manner to facilitate the
cleaning of that storage location.
(6) Animals. Live animals, including birds and
turtles, shall be excluded from within the food
service operational premises and from immediately
adjacent areas under the control of the food
service establishment. This exclusion does not
apply to edible fish, Crustacea, shellfish or to
fish in aquariums. Patrol dogs, accompanying
security or police officers or guide -dogs
accompanying blind persons, shall be permitted in
dining areas.
ARTICLE 9. NON -CONFORMING USE
Any lawful use of a food service or processing structuva
existing on the date of adaption of this ordinance which
70
ORDINANCE NO. 738-9-86
does not conform to the regulations prescribed herein
shall be deemed a non -conforming structure and shall be
continued subject to such regulations as the maintenance
and operation of premises with the public health and
safety of the consumers and employees foremost in mind.
ARTICLE 10. MOBILE FOOD UNITS
(A) Mobile Food Service.
(1) General. Mobile food units shall comply with
the requirements of these rules, except as
otherwise provided in this paragraph and in
paragraph (2) of subsection (A) of this rule. The
regulatory authority may impose additional
requirements to protect against health hazards
related to the conduct of the food service
establishment as a mobile operation, may prohibit
the sale of some or all potentially hazardous
food, and when no health hazard will result, may
waive or modify requirements of this rule relating
to physical facilities.
(2) Restricted Operation. Mobile food units shall
serve only food from a commercially approved
source that is prepared, packaged in individual
servings, transported and stored under conditions
meeting the requirements of these rules. beverages
that are not potentially hazardous and are
dispensed from covered urns or other protected
equipment, need not comply with requirements of
these rules pertaining to the necessity of water
71
ORDINANCE NO. 738-9-86
and sewage systems nor to those requirements
pertaining to the cleaning and sanitization of
equipment and utensils if the required equipment
for cleaning and sanitizaion exists at its
commissary.
(3) Single -Service Articles. Mobile food units
shall provide only single -service articles for use
by the consumer.
(4) Water System. A mobile food unit requiring a
water system shall have a potable water system
under pressure. The system shall be of sufficient
capacity to furnish enough hot and cold water For-
food
orfood preparation, utensil cleaning and sanitizing,
and hand -washing, in accordance with the
requirements of these rules. The water inlet
shall be located in such a position that it will
not be contaminated by waste discharge, road dust,
oil or grease and it %hail be kept capped when not
being filled. The water inlet shall be provided
with a transition connection of a size or type
that will prevent its use for any other service.
All water distribution pipes or tubing shall be
constructed and installed in accordance with the
requirements of these rules.
(S) Waste Retention. If liquid waste results from
operation of a mobile food unit, the waste shall
be stared in a permanently installed retention
tank that is of at least iS percent larger
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ORDINANCE NO. 738-9-86
capacity than the water, supply tank. Liquid waste
shall not be discharged from the retention tank
when the mobile food unit is in motion. All
connections on the vehicle for servicing mobile
food unit waste disposal facilities shall be of a
different size or type than those used for
supplying potable water to the mobile food unit.
The waste connection shall be located lower than
the water inlet connection to preclude
contamination of the potable water system.
(B) Commissary.
(1) Base of Operations.
(a) Mobile food units shall operate from a
commissary or other fixed food service
establishment and shall report at least
daily to such location for all supplies
and for all cleaning and servicing
operations.
(b) The commissary or other fixed food
service establishment, used as a base of
operation for mobile food units, shall be
constructed and operated in compliance
with the requirements of these rules.
(2) Servicing Area.
(a) A mobile food unit servicing area
shall be provided and shall include at
least overhead protection for any
supplying, cleaning or servicing
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ORDINANCE NO. 738-9-86
aper-atiorb. Within this servicing area,
there shall be a location provided for the
flushing and drainage of liquid wastes
separate from the location provided far
water servicing and far the loading and
unloading of food and related supplies.
This servicing area will nat be required
where only packaged food is placed on the
mobile food unit ar where mobile food
units do not contain waste retention
tanks.
(b) The surface of the servicing area
shall be constructed of a smooth
nonabsorbent material, such as concrete or
machine -laid asphalt and shall be
maintained in good repair, kept clean, and
be graded to drain.
(.3 ) Servicing O perat i ons.
(a) Potable water servicing equipment
shall be installed according to law and
shall be stared and handled in a way that
protects the water and equipment fram
contamination.
(b) The mobile food unit liquid waste
retention tank, where used, shall be
tharaughly flushed and drained during the
servicing operation. All liquid waste
shall be discharged to a sanitary sewerage
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ORDINANCE NO. 738-9-86
disposal system.
(C) Mobile Operations Permit.
(1) Permit. All mobile food service units shall
be required to secure, from the regulatory
authority, a permit to operate within the
corporate limits of the City of Allen. The permit
shall be kept visible in the vehicle at all times.
Mobile food service units shall have the-ii-
company
heir
company name and telephone number on both doors to
be easily recognizable.
(2) Permit fee. The permit to operate a mobile
Food service unit, within the City of Allen, shall
be renewable on an annual basis. The fee is set
in Exhibit "A" of this Ordinance.
ARTICLE 11. TEMPORARY FOOD SERVICE ESTABLISHMENTS.
(A) General. A temporary food service establishment shall
comply with the requirements of these rules except as
otherwise provided in this rule. The regulatory authority
may impose additional requirements to protect against
health hazards related to the conduct of the temporary
food service establishment, may prohibit the sale of same
or all potentially hazardous foods, and when no health
hazard will result, may waive or modify requirements of
these rules. Prior to making changes of any kind, the
regulatory authority shall be notified.
(B) Restricted Operat i ons.
(1) These provisions are applicable whenever a
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ORDINANCE NO. 738-9-86
temporary food service establishment is permitted,
under the provisions of subsection (A) of this
rule.
(2) Only those potentially hazardous foods
requiring limited preparation, such as hamburgers
and frankfurthers that only require seasoning and
cooking, shall be prepared or served. The
preparation or service of other potenially
hazardous foods, including pastries filled with
cream or synthetic cream, custards, and similar
products, and salads or, sandwiches containing
meat, poultry, eggs or, fish is prohibited. This
prohibition does not apply, however, to any
potentially hazardous food that has been prepared
and packaged under conditions meeting the
requirements of these rules, is obtained in
individual servings, i s stored at a t em perat ure of
459F. (71C.) or below, or at a t emperat ure of
14011F. (6011C.) or above, in favi 1 it ies that meet
the requirements of these rules, and is served
directly in the unopened container in which it was
packaged.
(3) The sale or display of food from street
corners or roadsides, except fruit and vegetable
stands, is prohibited in the City of Allen.
(C) Ice. Ice that is consumed or that contacts food shall
have been made under conditions meeting the requirements
of these rules. The ice shall be obtained only in
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ORDINANCE NO. 738-9-6b
chipped, crushed at- cubed farm and in single -use safe
plastic or wet -strength paper bags filled and sealed at
the paint of manufacture. The ice shall be held in these
bags until it is dispensed in a way that protects it from
contamination.
(D) Equipment.
(1) Equipment shall be located and installed in a
way that prevents food contamination and that also
facilitates cleaning the establishment.
(2) Food -contact surfaces of equipment shall be
protected fir -am contamination by consumers and
other contaminating agents. Where helpful to
prevent contamination, effective shields far such
equipment shall be provided.
(E) Single -service Articles. All temporary food service
establishments which do not have effective facilities for
cleaning and sanitizing tableware shall provide only
single -service articles far use by the consumer.
(F) Water. Enough potable water shall be available in the
establishment for food preparation, far cleaning and
sanitizing utensils and equipment, and for handwashing. A
heating facility located on the premises and capable of
producing enough hot water far these purposes shall be
provided.
(G) Wet Storage. The storage of packaged food in contact
with water or undrained ice is prohibited. Wrapped
sandwiches shall not be stored in direct contact with ice.
(H) Waste. All sewage, including liquid waste, shall be
77
ORDINANCE NO. 738-9-86
disposed of according to law.
(I) Handwashing. A convenient handwashing facility shall
be available for employee handwashing. This facility
shall consist of at least warm running water, soap and
individual paper towels.
(J) F l oors. F l oors %hal l be cornst uct ed of concrete,
asphalt, tight wood or other similar cleanable material
kept in good repair. Dirt or gravel, when graded to
drain, may be used as subflooring when covered with clean,
removable platforms or, duckboards, or covered with wood
chips, shavings or other suitable materials effectively
treated to control dust.
(K) Walls and Ceilings of Food Preparation Areas.
(1) Ceilings shall be made of wood, canvas or
other materials that protect the interior of the
establishment from the weather. Walls and
ceilings of food preparation areas shall be
constructed in a way that prevents the entrance of
insects. Doors to food preparation areas shall be
solid or screened and shall be self-closing.
Screening material used for walls, doors or-
windows
rwindows shall bes at least sixteen (16) mesh to
the inch.
(2) Counter -service openings shall not be lay-gar-
than
argerthan is necessary for the particular operation
conducted. These openings shall be provided with
tight -fitting solid or screened doors or windows
or shall be provided with fans installed and
78
ORDINANCE NO. 738-9-86
operated to restrict the entance of flying
insects. Counter -service openings shall be kept
closed, except when in actual use.
ARTICLE 12. FOOD SERVICE PERMITS
(A) Permits.
(1) General. No person shall operate a food
service or food processing establishment without a
valid permit issued to him by the regulatory
authority. Only a person who complies with the
requirements of this Section shall be entitled to
receive or retain such a permit. Permits are not
transferable, and must be displayed in an area
visible to the public.
(2) Issuance of Permit.
(a) A written application for a permit on
a farm provided by the regulatory
authority is required. Such application
shall include the full name and address,
telephone number, and indication of
whether the applicant is an individual,
firm or corporation; if a partnership, the
names of their partners, their addresses,
location and type of business
establishment, as well as the signature of
each applicant and other information
deemed necessary.
(b) A permit fee shall accompany each
application, and the permit is valid for-
79
or
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ORDINANCE NO. 738-9-86
one year. Permits shall be renewed an an
annual basis by filing a renewal
application and payment of the permit fee.
The fee is not refundable. The permit
fee is designated in Exhibit A of this
ordinance.
(c) Prior to approval of an application
for permit, the regulatory authority shall
inspect the food establishment to
determine campliance with the requirements
of this Sect i an.
(d) The regulatory authority shall issue a
permit to the applicant if subsequent
inspection reveals that the food
establishment complies with the
requirements of this Section and the fee
has been paid.
(3) Susperns i an of Pow -mit.
(a) The regulatory authority may, without
warning, notice or hearing, suspend any
permit to aperate,a food service ar
processing establishment if the holder of
the permit does not comply with the
requirements of this Section, at- the
operratian of the establishment does not
comply with the requirements of this
Section, or if the aperation of the
establishment otherwise constitutes a
Be
ORDINANCE NO. 736-9-06
hazard to the public health. Suspension
is effective immediately upon service of
the notice required by the following
paragraph of this Section. When a permit
is suspended, the holder of the permit
shall be afforded an opportunity for
hearing within 20 days of receipt of a
request for hearing.
(b) Whenever a permit is suspended, the
holder, of the permit or person in charge
shall be notified in writing that the
permit is, upon service of the notice,
immediately suspended and that an
opportunity for hearing will be provided
if a written request far hearing is filed
with the regulatory authority by the
holder of the permit within ten days. If
no written request far hearing is filed
within ten days, the suspension is
sustained.
(c) A permit shall be reinstated when the
holder of the permit has written a
statement to the regulatory authority
indicating the conditions for suspension
have been corrected. The regulatory
authority shall reinspect the operation to
insure compliance. Once all requirements
are met, the permit shall be reinstated.
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ORDINANCE NO. 738-9-86
(4) Revocation of Permit.
(a) The regulatory authority may, after
providing opportunity for hearing,
permanently revoke a permit far serious or
continuously repeated vialatians of any of
the requirements of this ordinance ar far
interference with the regulatory authority
in the performance of duty.
(b) Prior to revocation, the regulatory
autharity shall notify, in wrilting, the
holder of the permit or persan in charge
of the specific reason(%) for which the
permit is to be revoked, and the permit
shall be revoked at the end of five (5)
days following service of such notice,
unless a written request for hearing is
filed with the regulatory authority by the
permit holder within the five-day period.
If no request far hearing is filed within
the five-day period, the revocation of the
permit beomes final.
(b) Notices.
(1) Service of Notices. A notice provided for in
this ordinance is prraperly served when it is hand
carried to the holder of the permit or persan in
charge, or when it is sent by certified mail, to
the last known address of the permit holder.
(2) Hearings. The hearings provided for in this
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ORDINANCE NO. 738-9-86
section are to be conducted by a regulatory
committee at the time and place designed by the
regulatory authority. The regulatory committee is
comprised of the City Health Inspector, the City
Fire Marshal, and two other appointees by the City
Manager engaged in the food service industry in
the City of Allen. Based upon the record of such
hearing, the regulatory authority shall make a
finding and sustain, modify or rescind any
official notice or order considered in the
hearing. A written report of the hearing decision
will be furnished to the permit holder by the
regulatory authority.
(3) Hermit refunding. The applicant shall not be
entitled to refunding of a permit fee when permit
is revoked or suspended.
(4) Application after Revocation. Whenever a
revocation of a permit has become final, the
holder of the revoked permit may make written
application far a new permit after the expiration
of six (6) months.
ARTICLE 13. INSPECTIONS
(A) Access. Agents of the regulatory authority, after
proper identification, shall be permitted to enter any
food service and processing establishment at any time, for
the purpose of making inspections to determine compliance
with these rules. The agents shall be permitted to
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ORDINANCE NO. 738-9-06
examine the records of the establishments to obtain
information pertaining to food and supplies purchased,
received or used or to persons employed.
(B) Inspection Frequency. An inspection of a food service
or processing establishment should be performed at least
three (3) times annually. Additional inspections shall be
performed as often as necessary for the enforcement of
this Sect i 4n.
(C) Report of Inspections. Whenever an inspection is made
of a food service establishment, the findings shall be
recorded on the inspection report form provided by'the
regulatory authority (Exhibit B). The original of the
inspection report form shall be furnished to the owner ov
person in charge at the completion of the inspection and
constitutes a written notice. The inspecion report farm
shall summarize the requirements of these rules, and shall
set forth a weighted point value for each requirement.
The rating scare of the establishment shall be the total
of the weighted point value far all violaions, subtracted
from one hundred (100). The completed inspection report
form is a public document that shall be posted at a
conspicuous location for consumers as they enter the
establishmeent.
(D) Correction of Violations. The inspection report farm
shall specify a reasonable period of time for the
correction of the violations found, and correction of the
violations shall be accomplished within the period
specified, in accordance with the following provisions:
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ORDINANCE NO. 738-9-86
(1) If a potential health hazard exists, such as
an obvious lack of sanitization, refrigeration,
water or sewage backup into the establishment, the
establishment shall immediately cease food service
operations. Operations shall not be resumed until
authorized by the regulatory authority.
(2) All violations of 4 or 5 point weighted items
shall be corrected immediately or within a time
specified by the regulatory authority.
(3) All 1 or 2 point weighted items shall be
corrected as soon as possible, but in any event,
by the time of the next routine inspection. A
written report shall be sent to the regulatory
authority indicating action taken to correct
deficiencies noted.
(4) When the rating score of the establishment is
less than sixty (60), the establishment shall
initiate corrective action on all identified
violations and be prepared for reinspection within
forty-eight (48) hours.
(5) In the case of temporary food service
establishments, all violations shall be corrected
within twenty-four (24) hours. If violations are
not corrected within twenty-four (24) hours, the
establishment shall immediately cease food service
operations until authorized to resume by the
regulatory authority.
(E) Examination and Condemnation of Food. The regulatory
85
ORDINANCE NO. 738-9-96
authority may examine and collect samples of food as often
as necessary far the enforcement of these rules. The
regulatory authority shall, upon written notice to the
owner or person in charge specifying the reason therefore,
place under detention any food which it has probable cause
to believe is adulterated or misbranded in accordance with
the provisions of Section 6, and paragraph (2) of Section
21, Article 4476-5, Texas Civil Statutes, The Texas Food,
Drug and Cosmetic Act.
(F) Procedure When Infection is Suspected. When the
regulatory authority has reasonable cause to suspect the
passibility of disease transmission from any food service
establishment employee, it may secure a morbidity history
of the suspected employee or make any other investigaton
as may be indicated. The regulatory authority may require
any or all of the following measures:
(1) The immediate exclusion of the employee from
all food service establishments;
(2) The immediate closing of the food service
establishment concerned until, in the opinion of
the regulatory authority, no further, danger of
disease autbreak exists;
(3) Restvictian of the employoalm services to some
area of the establishment where there would be no
danger of transmitting disease;
(4) Adequate medical and laboratory examinatian of
the employee, of other employees and of his and
their body discharges.
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ORDINANCE NO. 738-9-66
(6) Review of Plans.
(1) Whenever a food service or processing
establishment is constructed, remodeled, or
converted to use as a food service operation,
stamped, certified, and properly prepared plans
and specifications for such construction shall be
submitted to the regulatory authority for review
before construction is begun. The plans and
specifications shall indicate the proposed layout,
arrangement, mechanical plans, and construction
materials of work areas, and the type and model of
proposed equipment and facilities.
(2) Pre -operational Inspection. Whenever plans
and specifications are required by the regulatory
authority, required inspections shall be conducted
of the establishment prior to the start of
Operatians. The inspections will be conducted to
determine compliance with the appraved plans and
specifications and with requirements of this
Section.
87
ORDINANCE NO. 738-986
TABLE OF CONTENTS
SECTION II
ARTICLE 1 DEFINITIONS
ARTICLE 2 BUILDING PERMIT, APPLICATION
ARTICLE 3 INSPECTIONS
ARTICLE 4 MATERIALS
ARTICLE 5 SHAPE
ARTICLE 6 DEPTH AND SLOPE; DEPTH MARKINGS
ARTICLE 7 PROJECTIONS
ARTICLE 8 DIVING AREA
ARTICLE 9 STEPS, LADDERS, TOWERS
ARTICLE 10 OVERFLOW GUTTERS AND SKIMMING DIVICES
ARTICLE 11 DECK AREA, POOL ENCLOSURE, SPECTATOR SEPARATION
SECITON 12 RECIRCULATION SYSTEM
ARTICLE 13 INLETS, OUTLETS; WATER DISPOSAL
ARTICLE 14 HEATING UNITS
ARTICLE 15 LIGHTING
ARTICLE 16 TOILET -FACILITIES
ARTICLE 17 PERMIT AND MANAGER OF OPERATIONS
ARTICLE 18 CERTIFICATION OF MANAGER OF OPERATIONS
ARTICLE 19 OPERATION OF POOL
ARTICLE 20 QUALITY OF WATER
ARTICLE 21 SAFETY — EQUIPMENT
ARTICLE 22 REGULATIONS IN POOL AREA
ARTICLE 23 POOL DRAINAGE
ARTICLE 24 SUSPENSION
88
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90
90
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91
91
92
92
93
94
96
97
99
100
101
101
102
103
103
104
105
106
106
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ORDINANCE NO. 738-9-86
SECTION II
PURPOSE: REGULATING PUBLIC AND SEMI-PUBLIC, SWIMMING
POOLS; PROVIDING FOR DEFINITIONS; PROVIDING FOR PERMIT
REQUIRED; PROVIDING FOR INSPECTIONS; PROVIDING FOR
CONSTRUCTION MATERIALS; PROVIDING FOR SHAPE; PROVIDING FOR
DEPTH AND SLOPE; PROVIDING FOR PROJECTIONS; PROVIDING FOR
DIVING AREA; PROVIDING FOR STEPS, LADDERS AND TOWERS;
PROVIDING FOR OVERFLOW GUTTERS AND SKIMMING DEVICES;
PROVIDING FOR DECK AREA, POOL ENCLOSURE, SPECTATOR
SEPARATION; PROVIDING FOR RECIRCULATION SYSTEM; PROVIDING
FOR INLETS AND OUTLETS, WATER DISPOSAL; PROVIDING FOR
HEATING UNITS; PROVIDING FOR LIGHTING; PROVIDING FOR
TOILET FACILITIES; PROVIDING FOR PERMIT AND MANAGER OF
OPERATIONS REQUIRED; PROVIDING FOR CERTIFICATION OF
MANAGER OF OPERATIONS; PROVIDING FOR OPERATIONS OF A POOL;
PROVIDING FOR QUALITY OF WATER, PROVIDING FOR SAFETY
EQUIPMENT; PROVIDING FOR REGULATIONS IN POOL AREA;
PROVIDING FOR POOL DRAINAGE; PROVIDING FOR SUSPENSION;
ARTICLE 1. Definitions
(a) Regulatory authority means a representative of
the City of Allen authorized to make pool
inspections and review plans.
(b) Person means an individual, partnership,
company, corporation, association, f i rm,
organization, inst itut ion, or Simi lar entity.
(c) Private pool means a swimming pool appurtenant
to a single-family or duplex residence, and used
89
ORDINANCE NO. 738-9-96
only by the occupants of the residence and their
guests.
(d) Public pool means a swimming pool to which the
general public has access.
(e) Semi-public pool means a swimming pool that is
privately owned and open only to an identifiable
class o f persons, including but not limited t o,
motel guests, apartment residents, and club
members.
(f) Swimming pool or pool means a spa, hot tub,
basin, tank or similar structure that is used for
swimming, bathing or water play, including all
equipment and appurtenant facilities, and having a
depth of three feet or, more at any point.
ARTICLE 2. Permit required, application;
issuance. No person shall construct, modify or
repair a swimming pool in the city without
obtaining a building permit. The application for
a permit shall be on a form provided by the
regulatory authority and shall be accompanied by
the required fee and a specified number of copies
of tha detailed plans of which the applicant seeks
approval. Plan review shall be conducted by the
regulatory authority. If the regulatory authority
is satisfied that the proposed swimming pool will
conform in all respects to the requirements of the
law, a permit shall be issued.
ARTICLE 3. Inspections. The regulatory authority
90
ORDINANCE NO. 738-9-86
shall inspect a swimming pool at any time and has
authority to enter upon the premises where a pool is
located to the extent necessary to make a full examination
in the construction and operational stage to insure
compliance. Cade Enforcement Inspectors will examine the
swimming pool while under construction. The regulatory
authority will examine the swimming pool while under
construction, and conduct a final inspection.
ARTICLE 4. Materials. A swimming pool shall be
constructed of materials that are sanitary, enduring, and
nan-toxic to humans. Materials used on walls and bottom
surfaces shall provide a watertight structure with a
smooth and easily cleaned finish, free from cracks or open
,points other than structural expansion ,points.
ARTICLE S. Shape. The shape of a pool shall be
designed so that the water is uniformly circulated and so
that all interior areas of a pool are visible from the
edge of the pool.
ARTICLE S. Depth and Slope; depth markings.
(a) The depth and slope of a pool shall comply
with the specifications indicated in Plate I.
(b) All surfaces an the battam of a pool shall
slope toward the main drain. A main drain is not
required in vinyl pools with a depth of less than
five feet. In areas of a pool that are less than
five feet in depth, the following slope
requirements apply:
(1) The slope of the floor in a pool 42
91
ORDINANCE NO. 738-9-86
feet or more in length shall not exceed
one foot in twelve feet.
(2) The slope of the flaov in a pool less
than 42 feet in length shall not exceed
one foot in eight feet.
(c) Walls in the deep par -tion of a pool shall be
vertical from the water line far a minimum depth
of two feet six inches.
(d) Depth of water• shall be marked at ov above the
water surface on the vertical pool wall and on the
edge of the deck next to the pool, at maximum and
minimum depth paints, at points of break between
deep and shallow areas, and at intermediate
increments of depth, spaced at not more than 25
foot intervals around the entire perimeter of the
pool. Markings shall be in numerals of a minimum
height of four inches and in a calor contrasting
with the background.
ARTICLE 7. Pro, eat ions. Pool structures,
protrusions, ar extensions shall not pvoject more than six
inches within the pool area, as delineated by the profiles
illustrated in Plate I.
ARTICLE S. Diving Area
(a) The minimum depth of water below a diving
board or platform and other minimum dimensions in
the diving area of a pool must comply with the
minimum standards indicated in Table I and Plate
I.
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ORDINANCE NO. 738-9--66
(b) A diving board or platform must not be placed
more than nine feet (three meters) above the water-
level
ater
level without approval of the regulatory
authority. The base of a diving board or tower-
shall
owershall not extend into the pool water, and the
tower, shall be anchored with sufficient bracing to
insure stability under the heaviest load. Both
sides of steps, ladders, and platforms of diving
towers three feet (one meter) or higher shall be
provided with suitable handrails designed to
prevent persons from falling.
(c) A minimum clearance of 16 feet shall be
provided above each diving board ov platform,
measured from the center of the front end of the
board or platform and extending at least eight
feet behind and to each side and sixteen feet
ahead of the measuring point.
ARTICLE 9. Steps, ladders, and towers..
(a) Materials used in steps, ladders, and diving
towers must be of sufficient structural strength
to safety support anticipated loads and must be
corrosion resistant, easily cleaned, and of a
nonskid design.
(b) A minimum of one ladder must be provided for
each 100 feet of public or semi-public pool
perimeter; except that a diving area which is
wider than 30 feet at any point must be provided
with two ladders at, opposite sides.
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ORDINANCE NO. 738-9--B&
(c) If recessed steps are used, they must be
designed to drain into the pool and to be easily
cleaned.
(d) Ladders and recessed steps must be provided
with a handrail on both sides. Handrails must be
constructed out over the coping and return to the
pool deck.
ARTICLE 10. Overflow Butters and Skimming Devices.
(a) All pools must be equipped with either an
overflow gutter or surface skimming device.
(b) If surface skimming devices are used:
(1) handholds must be provided around the
entire perimter of the pool except above
steps, and;
(A) if caping is used, the outer
two inches must be not more than
two and one-half inches thick; and
(B) must be not more than 12
inches -above the normal water
line;
(2) each skimming device must be
individually controlled;
(3) each skimming device must be
automatically adjustable to variations in
water level over a range of at least three
inches;
(4) the rate of flow through the total
number of skimming devices must be
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ORDINANCE NO. 738-9-Ei6
automatically adjustable from 50 to 75
percent of the capacity of the pool filter
system;
(5) each skimming device must have an
easily removable -and cleanable bamket or
screen to trap material which might clog
the ciruclation pump; and
(6) one skimmer, must be provided far each
500 square feet of water surface area plus
an additional skimmer for any remaining
increment of water surface area less than
500 square feet.
(c) If an overflow gutter is used, it must:
(1) extend around the entire perimeter of
the pool except above steps;
(c) be constructed so that the gutter is
not completely recessed into the wall and
water entering the gutter cannot flow back
into the pool;
(3) be capable of continuously removing 50
percent or more of the recirculated water
through the filter, system;
(4) be connected to a recirculation system
with a surge capacity of not less than
one-half gallon for each square foot of
pool surface area, and in pools subject to
heavy swimming use, a surge capacity of
not less than one gallon for each square
95
ORDINANCE NO. 738-9-66
foot of surface area;
(5) be designed so that the edge of the
gutter can be used as a handhold for
bathers;
(6) be designed so that the overflow edge
is level within three -tenths inch;
(7) be designed so that the bottom slopes
not less than one-eighth inch to the foot.
(a) discharge waste into the recirculating
system, the drain pipe being not less than
one and one-half inches in diameter.
ARTICLE 11. Deck Area; pool enclosure; spectator
separation.
(a) Each public or semi-public pool must be
provided with a deck area which:
(1) is continuous around the entire pool;
(2) is not less than three and one-half
feet in width, including caping and
curbing;
(3) is constructed of sanitary material
with a skid resistant surface;
(4) has a minimum slope of one-eighth inch
per foot for the first eight feet to
points of disposal other than the pool;
(5) is equipped with gratings for drain
pipe openings that are two times the
diameter of the drain pipe if deck drains
are used; and
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ORDINANCE NO. 738-9-86
(6) is equipped around the entire edge of
the pool with coping designed to prevent
deck water from entering the pool.
(b) Hose bibbs of not less than three-fourths inch
must be provided around the perimeter of the deck
area at intervals which will allow all parts of a
pool to be reached with a 75 foot hose far
cleaning. Each bibb must be equipped with an
approved back-flow preventer.
(c) The pool shall be enclosed as to eliminate
access of small children. A fence, wall or other-
solid
thersolid structure six feet high shall be erected.
Entries to pool area shall have a self-closing and
self -latching device. Such latching device shall
be mounted in the upper quarter of the entry door
to eliminate access by %mail children. Signs or
markers shall be mounted on all entries stating
"Keep closed at all times."
(d) Trees shall not hang aver pool. Dock surfaces
as well as adjoining areas shall be kept clean and
free of weeds, bugs, trash and cans.
(e) If spectator galleries are installed:
(i) there shall be a separation between
the areas used by bathers and the areas
used as galleries by spectators;
(2) galleries shall not extend over any
part of a pool.
ARTICLE 12. Recirculation System.
97
ORDINANCE NO. 738-9-96
(a) Each pool with a water capacity of 800 gallons
or more or a depth greater than three feet shall
be equipped with a recirculation system consisting
of pumps, hair and lint catchers, filters, and
pipe connections necessary to connect to the
inlets and outlets of the pool.
(b) Filters. Filters shall meet National
Sanitation Foundation standards, or be approved by
the regulatory authority. The regulatory
authority shall disapprove a filter if it does not
backwash thoroughly or does not filter at a
sufficient rate.
(c) Pumps. The pumps shall be of an adequate size
to turnover the pool water capacity within six
hours for a public pool and eight hours for a
semi-public pool.
(d) Hair and lint catcher. A catcher shall be
installed on the suction side of the pumps to
prevent hair, lint, and other extraneous matter
from reaching the pumps and filters. Catchers
shall be designed to be easily dismantled far
cleaning.
(e) Crass connections. Crass connections between
the pool water or the recirculation system and the
water supply are prohibited. The pool shall be
designed so that fresh water added to the pool
will not create a crass connection as when a hose
is submerged in the pool. Other cross connections
98
ORDINANCE NO. 736-9-86
shall comply with applicable city ordinances.
ARTICLE 13. i n l et s and Gut 1 et s; water disposals.
(a) Inlets. Pool inlets shall be arranged to
produce a uniform chlorine ov equivalent
disinfectant residual throughout the pool.
(1) Each inlet shall be equipped with an
adjustable orifice or valve so that the
flow of water to various portions of the
pool may be adjusted.
(2) The fill pipe to all pools shall have
an air gap of six inches above the pool
coping or be protected by a double check
backflow preventer assembly.
(b) Outlets. Pool outlets shall be arranged to
produce a uniform circulation of water throughout
a pool.
(1) At least one outlet shall be provided
at the lowest point of the floor to permit
complete drainage of the floor area,
except in vinyl pools of less than five
feet in depth.
(2) If.the width of a pool is more than 40
feet, multiple outlets shall be provided.
In this case outlets shall be not more
than 10 feet from each sidewall.
(3) If the exit velocity exceeds two feet
99
ORDINANCE NO. 738-9-96
per second, a National Sanitation
Foundation approved, ov equal, anti -vortex
outlet must be used.
(4) Outlet gratings in the bottom of a
pool shall be securely fastened and shall
have a cross-sectional area of at least
four times the cross-sectional area of the
discharge pipe.
(5) A pool shall be equipped with pipe
connections which permit the pool to be
emptied as well as recirculated, except
far vinyl pools of less than five feet in
depth.
(c) Water disposal
(1) Backwash from a filter must go to the
sanitary sewer. Filter backwash may go to
an approved septic tank system or
separation tank if a sanitary sewer is not
available.
(E) Pools drained far repairs or cleaning
shall drain to the sanitary sewer in
compliance with the Uniform Plumbing Code.
(3) A deck drain may go to a lawn,
leaching field, dry well, or, if
necessary, to a natural drainage course.
ARTICLE 14. Heating Units. Heating units for pools,
dressing roams, shower roams, toilet roams, and rooms in
which pools are contained shall be installed in a manner
100
ORDINANCE NO. 73$-9-06
that will protect swimmers from injury and protect the
units from damage.
ARTICLE 15. Lighting
(a) A system of artificial lighting shall be
provided for pools, dressing rooms, shower rooms,
toilet rooms, and rooms in which pools are
contained, The system shall be installed in
conformance with the City of Allen Electrical
Code, and the design and arrangement of the lights
shall insure clear vision in all areas of a pool
and surrounding pool area.
(b) Underwater lighting shall provide one watt per
square foot of pool area far public or semi-public
pools, and shall be installed and maintained in a
manner that will insure the safety of swimmers.
If underwater lighting is used, deck lighting
shall be directed away from the pool surface as
much as possible and be of a capacity not less
than six -tenths watts per square foot of total
area.
(c) Grounding per City of Allen Electrical Code.
Lighting shall be properly grounded with three to
four loops of wire from the belly to attach to
deck steel with brass grounding clamps.
(d) No PVC conduit shall be allowed above grade or
slab but rigid or EMT is permitted.
ARTICLE 16. Toilet Facilities
(a) Semi-public pools shall have toilet facilities
101
ORDINANCE NO. 738-9-86
available within 200 feet of the pool.
(b) Public pools shall have toilet facilities for
each sex at the pool site.
(c) Toilet rooms and toilet facilities shall be
cleaned with a chlorine solution daily.
ARTICLE 17. Permit and Manager, of Operations
(a) A person shall not operate a public or
semi-public pool without an operations permit. To
obtain a permit an applicant shall complete a farm
provided by the regulatory authority. An
applicant shall designate a manager of operations
of each pool for which a permit is sought.
(b) If a manager of operations of a pool ceases to
perform that function for any reason, the owner of
the pool shall designate a new manager within a
reasonable period of time.
(c) The regulatory authority shall issue an
operational permit only on receipt of an
application for operation, receipt of the
designated fee, and upon inspection of the pool
for compliance to this Section. No refunds will
be made. See Exhibit A for the fee schedule.
Once permitted, pools will be inspected monthly
during the operational season. The inspection
form shall constitute a written notice.
(d) Non -conforming use. Any IawfuI use of
swimming pools existing on the data of adoption of
this ordinance which does not conform to the
102
ORDINANCE NO. 738-9-96
regulations prescribed herein shall be deemed a
non -conforming structure and shall be continued
subject to such regulations as to the maintenance
and aperatians of premises with the health and
safety of bathers foremost in mind.
ARTICLE 18. Certification of Manager of Operations
(a) A manager of operations of a public av
semi-public pool shall obtain certification from
the regulatory authority by successfully
completing a training course in pool operations.
If a person designated by an owner as manager of
operations of a pool is not certified, he shall
attend and successfully camplete the next training
course conducted after his designation.
Certificates from other cities may be accepted
with the approval of the regulatory authority.
(b) The certification of a manager of opevatians
expires two years from the date of certificatian
and a manager must repeat the training course to
maintain certificat ian.
ARTICLE 19. Operation of a Pool. A manager of
aperatians or an owner of a public ar semi-public pool
shall not:
(a) knowingly permit a condition to exist that
endangers the life, health, or safety of a swimmer
av that violates a pravisian of this article;
(b) knowingly permit a person to swim in a pool
who has skin abrasions, - open sores, cuts, skin
103
ORDINANCE NO. 738-9-56
disease, eye disease, nasal or ear discharge, or
other communicable disease;
(c) knowingly permit a person to carry glass
within a pool area ov enclosure;
(d) knowingly allow animals within a pool area or
enclosure;
(e) fail to post placards containing pool
regulations and instructions in conspicuous places
within a pool area or, enclosure;
(f) fail to maintain a pool in accordance with the
standards of health and safety provided in
Articles 20 and 21.
ARTICLE 20. Quality of Water;
(a) Acidity - alkalinity. The water shall be
maintained in an alkaline condition so that the pH
of the water i% between 7.2 and 7.6 ppm.
(b) Clarity. The water shall be sufficiently
clear to permit a distinct view of the main drain
from outside the pool.
(c) Disinfectant. Disinfectant capable of killing
bacteria and algae, but not harmful to humans,
shall be added to the pool water through a
continuous feed machine. If chlorine is used, a
residual level shall be maintained of one to two
Par -t% per m i l l i on (1.0-2.0 ppm) .
(d) Algae. A swimming pool shall be kept free of
algae.
(e) Circulation. The recirculation system shall
104
ORDINANCE NO. 736-9-86
be in operation at all times.
(f) Heating. Hot water shall not enter a pool at
a temperature exceeding 110' Fahrenheit.
(g) Level. Fresh water shall be added to a pool
at a rate that will keep the pool water at a level
sufficient to allow skimming devices or, overflow
gutters to work properly.
(h) A testing kit shall be required and fully
equipped as well as a log kept on a daily basis
indicating hourly chlorine and pH readings,
chemicals added, number of bathers and unusual
occurrences. Water samples shall be taken as
required by the regulatory authority.
ARTICLE 21. Safety Equipment. The following safety
equipment shall be available far use at anytime a pool is
open:
(a) a life pale or shepherd's crook pole capable
of reaching each part of a pool; and
(b) a guard line separating the shallow portion
from the deep portion of a pool at the break point
depth; and
(c) a sign shall be available, and when applicable
used, indicating "No Life Guard on Duty"; and
I
(d) an adult, parent or guardian shall be in
attendance with any children under age six (6)
years at all times while children are in pool
enclosure; and
(e) a telephone shall be nearby with information
105
ORDINANCE NO. 738-9-96
of nearest ambulance station; and
(f) a first aid kit shall be available at all
times; and
(g) all chemicals shall be stared in a cool dry
area; and
(h) chlorination room shall be well ventilated
with gas mask outside; and
(i) all cleaning equipment and materials shall be
in good repair.
ARTICLE 22. Regulations in Fool Area. A person
commits an offense if he:
(a) allows a pet under his control to remain
within the pool area or pool enclosure.
(b) has skin abrasions, open sores, cuts, skin
disease, eye disease, nasal or ear discharge, or
communicable disease and swims in a public or
semi-public pool;
(c) carried glass within a pool area ov enclosure;
or
(d) alters or removes safety equipment from a pool
except in a bona fide emergency.
ARTICLE 23. Pool Drainage. It shall be unlawful to
drain the pool upon public or privately owned property at
any time for any reason.
ARTICLE 24. Suspension
(a) The regulatory authority shall immediately
suspend a permit to operate a public or
semi-public pool if:
106
ORDINANCE NO. 738-9-,96
(1) the annual permit fee is not paid; or -
(2)
r(2) an owner fails to designate and retain
a certified manager of operations as
specified in this article; at -
(3)
r(3) the condition of a pool is hazardous
to the health or safety of swimmers or the
general public; or
(4) the owner fails to keep all pool
equipment and devices working properly.
(b) The suspension shall continue until the cause
of suspension is corrected. The owner or operator
of the pool shall contact the regulatory authority
far reinspection to insure correction.
107
BOARD
LENGTH
Deck Level
(18" Max.)
Residential
co (30" Max.)
1 Meter
Max.)
3 Meter
(Max.)
See Plate I for floor slopes and radii. All pool shell dimensions shall be minimum inside.
O
d
H
7
z
TABLE
I
Z
MINIMUM
SWIMMING
POOL
SHAPE & DIVING
BOARD
DATA
(See
Plate
V.
O
v
BOARD
A
Bl
B2
Bl +
B2
Cl
C2
DDl
DD2
DB
DS
E
EE
LENGTH
00
I
I
CO
Min.
6'
0"
2'
0"
8'
0"
2'
0"
10'
0"
12'
0"
20'
0"
8'
0"
7'
9"
4'
0"
7'
0"
8'
0"
i
Max.
10'
0"
4'
0"
5'
0"
3'
6"
Min.
8'
0"
3'
0"
8'
0"
3'
0"
11'
0"
13'
6"
21'
6"
8'
0"
7'
9"
4'
0"
7'
6"
8'
0"
Max.
12'
0"
4'
6"
-
5'
0"
3'
6"
I
Min.
14'
0"
5'
0"
8'
6"
3'
6"
12'
0"
14'
0"
22'
0"
12'
0"
8'
3"
4'
0"
10'
0"
8'
0"
Max.
16'
0"
6'
0"
5'
0"
3'
6"
Min.
14'
0"
5'
0"
10'
0"
5'
0"
15'
0"
21'
0"
31'
0"
13'
0"
10'
0"
4'
0"
12'
0"
8'
0"
Max.
16'
0"
6'
0"
5'
0"
3'
6"
See Plate I for floor slopes and radii. All pool shell dimensions shall be minimum inside.
ORDINANCE NO. 738-9-86
2' S"
MLn o
Max. R. DD
wr
rtI n2 T ':1
Water Line Z
❑
LONGITUDINAL SECTION
TOP VIEW
Water LineYM.
Water Line
a o m o m
❑ E-
0
❑
0
+� 3' 6" Max. at DS
❑
ir •DD1 ODD
DEEP END SECTION SHALLOW END SECTION
MINIMUM SHAPE AND DIVING BOARD DATA
P L A T E 1
109
6] U
C2
A
_
B1
B2
C1
TOP VIEW
Water LineYM.
Water Line
a o m o m
❑ E-
0
❑
0
+� 3' 6" Max. at DS
❑
ir •DD1 ODD
DEEP END SECTION SHALLOW END SECTION
MINIMUM SHAPE AND DIVING BOARD DATA
P L A T E 1
109
F---- - - --- -- '
ORDINANCE NO. 738-9-86
SECTION III
PURPOSE: PROVIDING FOR DEFINITIONS; PRESCRIBING MINIMUM
STANDARDS FOR CHILD HEALTH AND SAFETY PROTECTION DURING
PART OR ALL DAY FOR CHILDREN UNDER 14; PROVIDING PERMITS
AND INSPECTION FREQUENCY; PROVIDING SUSPENSION OF PERMIT;
PROVIDING FOR REISSUANCE OF PERMIT; PROVIDING FOR CLOSING
OF A FACILITY.
ARTICLE 1. Definitions
(a) Registered Family Homes means a facility that
is registered with the Texas Department of Human
Resources, and regularly provides care in the
caregiver's own residence far not more than four
(4) children under 14 years of age, excluding the
caregiver's own children, and that provides care
after school hours for an additional three (3)
school age brothers and sisters of other, children
in care, but the total number of children,
including the caregiver's own, shall not exceed
ten (10) at any given time.
(b) Day Care Center is a facility that is licensed
by the Texas Department of Human Resources and
provides care less than 24 hours a day for move-
than
orethan 1E children under age 14.
(c) Kindergarten and Nursery Schools are child
care facilities licensed by the Texas Department
of Human Resources offering a program four hours
or less per day for children who have passed their-
lie
heir
lie
ORDINANCE NO. 736-9-86
second birthday but who are under seven years aid.
(d) School -kindergarten and above. A Schaal,
grades kindergarten and above, is a child care
facility licensed by the Texas Department of Human
Resources, offering an educational program in one
ov more grades for children ages S through 13. A
school operates only during customary public
school days.
ARTICLE 2. Usage. The facility shall include:
(a) Daily, continual and regular, group care for
all or part of the work day while not in custody
of the parent (day care services).
(b) Hourly, peviadic, nandaily, graup care during
the day av evening while not in custody of the
parent (infant and child sitting services).
(c) An organized program of group activities and
related learning experiences for children
attending on a daily basis.
(d) Child care in residential homes shall limit
the number of children cared far to six (6) after
7 : OW p.m.
ARTICLE 3. Responsibilities. The regulatory
authority shall be responsible for monitoring the health
and safety aspects and conducting of inspections of child
care centers. Liaisan with regulatory agencies shall be
maintained to insure compliance with state minimum
requirements. The director of the child care center has
absolute responsibility for the operation of the center as
111
F ---
ORDINANCE NO. 73a-9-86
does the caregiver in a Registered Family Home.
ARTICLE 4. Adult/Child Ratio. In recognition of the
need far enrichment programs, the ratios set by the Texas
Department of Human Resources shall be used.
ARTICLE 5. Emergency Requirements. Complete
information for contacting the parent shall be available
at the child care center. Data will include home and work
telephone numbers and locations as well as a telephone
number and location of a close relative av friend.
Current instructions for telephoning the regulatory
authority, medical services, ambulance services, fire
department and police shall be posted at each telephone.
ARTICLE S. Immunizations and medical requirements.
All caregivers and attending children shall have records
and immunizations as stipulated by the Texas Department of
Human Resources.
ARTICLE 7. Physical Considerations.
(a) Facilities.
(1) Prior to building or, remodeling a
child care center professionally drawn
plans shall be submitted to the regulatory
authority for review. Registered Homes
and Group Day Care Homes are exempt from
this requirement. All centers shall meet
the standards set forth by the Texas
Department of Human Resources.
(2) Centers shall be located on the ground
floor level.
112
ORDINANCE NO. 738-9-86
(3) Only lead free nontoxic paint shall be
used in child accessible areas.
(b) Indoor Requirements
(1) Handwashing facilities with soap,
water, and disposable paper towels shall
be readily available. Hygienic
handwashing habits will be practiced by
staff and encouraged for children. Where
accessible to children, water temperatures
shall be controlled so as not to exceed
1101 F. Common towels or face cloths are
prohibited.
(2) Maximum occupancy of a center will be
the square foot of floor space each child
is allotted in accordance with rules
prescribed by the Texas Department of
Human Resources.
(3) A separate room will be provided for
sleep and play.
(4) A separate room will be provided for-
isolation
or
isolation of children who become ill after
arrival at the center.
(5) Toilet facilities will be separate for
boys and girls beyond the age of four
years and the staff. Toilets and fixtures
shall be scaled to size.
(6) All stairways will be protected by
gates or similar restraints.
113
ORDINANCE NO. 738-9-86
(7) Flaors shall provide safety and
warmth, and be easily c1 eanab 1 e.
(8) Electrical outlets shall be of the
child safety type. All electrical
appliances shall be protected from child
cant act .
(9) Separate cabinets for storage of
cleaning and toxic materials shall be
provided and securely locked.
(10) All rooms shall have heating and
ventilation as to allow a temperature of
721F within one foot of the floor.
(11) Tables, chairs, and beds shall be
scaled to meet the children's needs. Toys
will be carefully selected so as not to
have sharp edges or be coated with paints.
(12) Waterproof receptacles having tight
fitting lids will be used for diapers.
(13) Thirty foot candles of light are
required in play areas, and 100 foot
candles in staff work spaces.
(c) Outdoor requirements
(1) Space requirements for each child
shall be in accordance with the minimum
standards set by the Texas Department of
Human Resources.
(d) Play equipment shall be selected with safety
and sanitation in mind and approved by the
114
ORDINANCE NO. 738-9-a6
regulatory authority. Play equipment shall also
be scaled to size.
(e) Swimming pools shall meet the specifications
of Section I1 of this Ordinance.
(f) Food operations shall be in accordance with
Section I of this Ordinance.
(g) Sack lunches must be labeled with child's full
name, date and properly stored.
(h) Infant food and/or formula prepared by parent
will be labeled, and accompanied with feeding
instructions and properly stared. Preparation in
the center is prohibited.
ARTICLE 8. Governing Rules. A copy of the minimum
standards set forth by the Texas Department of Human
Resources as well as the City of Allen Environmental
Health Ordinance, Section III, and where applicable,
Section 1, Food Service, and Section 11, Swimming Poo 1 s,
shall be easily accessible in the Child Care Facility.
ARTICLE 9. Permits/Inspection Frequency. A person
shall not operate a child care center without an
operations permit and where applicable, a swimming pool
Pe -1 -mit. To obtain a permit an applicant shall complete a
form provided by the regulatory authority. On receipt of
an application far operation and designated fee, the
facility will be inspected for compliance prior to issuing
a permit. See Appendix A for the fee schedule. Once
permitted, the child care center will be inspected on a
quarterly basis, with swimming pools being inspected
115
ORDINANCE NO. 738-9--G&
monthly during the swimming season. Permits are renewable
on an annual basis and fees are not refundable.
Registered Hames shall be inspected on a complaint basis
applying this ordinance and the Texas Department of Human
Resaurces minimum standards for compliance.
ARTICLE 10. Suspension of Permit. The regulatory
authority may suspend a permit to operate a child care
center if the holder does not comply with the requirements
of this ordinance and the minimum standards set by the
Texas Department of Human Resources.
ARTICLE 11. Reissuance of Permit. The permit will be
reissued when, in the ,judgement of the Regulatary
Authority, there is no danger to the children and the
violation causing the suspension has been corrected. A
new application form and permit fee shall be submitted.
ARTICLE 12. Claming of a Facility. The Regulatary
Authority in conjunction with the Texas Department of
Human Resources shall close a facility and place the
children in another facility if violations of this
ardinance and the minimum standards set by the Texas
Department of Human Resaurces create an immediate danger
to children.
References: Texas Department of Human Resources minimum
standards for;
1. Registered 'f=amily Homes
2. Group Day -Care Homes
3. Day -Care Centers
4. Kindergarten and Nursery Schools
116
ORDINANCE NO. 738-5-86
5. Sahaals: grades Kindergarten and above.
117
ORDINANCE NO. 738-9-86
SECTION IV
ADMINISTRATION
ARTICLE 1. SCHEDULE OF FEES. See Exhibit "A"
attached hereto_
ARTICLE 2. PENALTY
That any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be deemed
guilty of a misdemeanor and conviction thereof shall be
fined a sum not exceeding one thousand dollars (*1,000.00)
far each violation and that each day such violation shall
continue to exist const i t ut es a sepavat a offense.
ARTICLE 3. APPEAL
(a) If the regulatory authority denies the
issuance of a permit, or suspends a permit, he
shall send to the applicant, or permit holder, by
certified mail, written notice of his action and
the right to an appeal. The applicant, or permit
holder, may appeal the decision of the regulatory
authority to the City Manager or his designee by
filing a written request for a hearing within 10
days after receipt of the notice from the
regulatory authority. If a request for an appeal
hearing is not made within the 10 -day limit, the
action of the regulatory authority is final.
(b) The City Manager, or designee, shall serve as
hearing officer at an appeal hearing and consider
evidence offered by any interested person. The
iia
ORDINANCE NO. 738-9-86
formal rules of evidence do not apply at an appeal
hearing; the hearing officer shall make his
decision on the basis of a preponderance of the
evidence presented at the hearing. The hearing
officer shall render a decision within 30 days
after the request for an appeal hearing is filed.
The hearing officer shall affirm, reverse, or
modify the action of the regulatory authority and -
his decision is final.
ARTICLE 4. CONFLICT
Whenever the contents of this ordinance conflict with
existing City ordinances, the most stringent requirement
shall apply.
ARTICLE 5. SEVERABILITY
It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses,
and phrases of this ordinance are severable, and if any
phrase, clause, sentence or section of this ordinance
shall be declared unconstitutional or invalid by the
,judgement ov decree of a court of competent ,jurisdiction,
such unconstitutionality ov invalidity shall not affect
any other remaining sectin, paragraph, sentence, clause ov
phrase of this Article; and the City Council hereby
declared it would have passed the remaining portions even
though it had known the affected parts would be held
unconst i t ut i ona 1.
ARTICLE S. EFFECTIVE DATE
The fact that the City of Allen does not have adequate
119
ORDINANCE NO. 738-9-86
Food Service regulations; public and semi-public swimming
pool regulations; creates an urgency and an emergency and
required this ordinance to take effect from and after its
passage as the law in such cases provides.
DULY PASSED AND APPROVED by the City Council of the
City of Allen, Texas, this 18th day of September, 1986.
APPROVED:
Id P. Rodenbaugh,
ATTEST:
APPROVED AS TO FORM:
A. Don City Attorney
128
ORDINANCE NO. 738-9-86
EXHIBIT "A"
FEE SCHEDULE
Food Service Permit:
Fixed Facility - $50 per year
Temporary Facility - $35 each period
Mobile Operation - $35 per year
Pools - inground/aboveground $35 per season
Child care - $125 per year
121
ORDINANCE NOrr ,r
CITY OF
EXHIBIT' B �:_ --
-- Food Service Establishment
ALLEN Inspection Report
Saaed on in inspection this day, the items circled below identity the violafibns in Operations or facilities which must be corrected by
the next routine inspection or such shorter period of time as may be specified in wnting by the regulatory authority. Failure to comply,
with any time limits for corrections specified in this not" may result in cessation of your Food Service operations.
Est.
I.D.
[1-10]
County
I Dist.
I Est. No.
71-M
Original container; properly labeled
1
31
to maintain product temperature
4
I
I
I
I
Census Tract I Sanit.Code Yr. Mo. Day
17-
11-13 11-18 I 11 22
Owner Name: Establishment Name:
Address:
FOOD
•01 1
Source. sound condition, no spoilage
6
30
Qi
Original container; properly labeled
1
31
FOOD PROTECTION
Good (ice) contact surfaces. designed, constructed, main-
2
•03
Potentially hazardous food meets temperature requirements
during storage, preparation, display, service transportation
{
32
•04 1Facilities
to maintain product temperature
4
33
05
Thermometers provided and conspicuous
1
34
00
Potentially hazardous food properly thawed
2
35
•07 1Unwrapped
and potentially hazardous food not re -served
4
1 39
09
Food protection during storage, preparation, display,
service, transportation
2
37
09
Handling of food tics) minimized
2
34
10
In use, food )ice) dispensing utensils properly stored
1
39
PERSONNEL
19
Wash, rinse water clean, proper temperature
•11
Personnel with infections restricted
S
e0
112
Hands washed and clean, good hygienic practices
S
e1
17
Clean clothes, hair restraints
1
eZ
FOOD EQUIPMENT & UTENSILS
WATER
•27 1 Water source, sale hof b cold under pressure S S{
PURPOSE
Regular ..
Follow-up . . • . . . .
Complaint ..... .
Investigation ....
Other
Travel Time Inspec-Time
23-25 25-261 111
Zip
SEWAGE
HEwage and waste water disposal { S7
PLUMBING
29 Installed, maintained 1 s{
-w Cross -connection, back siphonage, backflow { 59
TOILET & HANDWASHING FACILITIES
•31
Good (ice) contact surfaces. designed, constructed, main-
2
43
1,
tained, installed, located
1
1S
Non -toxo contact surfaces: designed, constructed, main-
1
41
lained, installed, located
1{
Dishwashing facilities: designed, constructed, matntained,
2
IS
installed, located, operated
17
Accurate thermometers, chemical test kits provided. gauge
1
cock ('h" IPS valve)
19
Pre -flushed, scraped, soaked
1
47
19
Wash, rinse water clean, proper temperature
2
Y
-20
Sandizahon rinse clean, temperature, concentration, ex-
{
49
posure time. equipment, utensils sanitized
21
Wiping Goths. clean, use restricted
1
SO
22
Food -contact surfaces of equipment and utensils clean,
2
S1
tree of abrasives, detergents
23
Non -l000 contact surfaces of equipment and utensils clean
1
52
24
Storage, handling of clean equipment/ utensils
1
S3
2S
Single -service articles, storage, dispensing
1
SI
26
No re -use of single service articles
2
SS
WATER
•27 1 Water source, sale hof b cold under pressure S S{
PURPOSE
Regular ..
Follow-up . . • . . . .
Complaint ..... .
Investigation ....
Other
Travel Time Inspec-Time
23-25 25-261 111
Zip
SEWAGE
HEwage and waste water disposal { S7
PLUMBING
29 Installed, maintained 1 s{
-w Cross -connection, back siphonage, backflow { 59
TOILET & HANDWASHING FACILITIES
•31
Number. convenient, accessible. designed, installed
4
{0
1
Toilet rooms enclosed, self-closing doors, fixtures, good• -
1
32
repair, clean, hand cleanser, sanitary towels/tissues/hand-
2
611
drying devices provided, proper .caste recaptatlq
GARBAGE & REFUSE DISPOSAL
33
Containers or receptacles, covered adequate number
.2
62
1
insect/rodent proof, frequency. clean
1
34
Outside storage area enclosures property constructed,
1
93
clean, controlled incineration
INSECT, RODENT, ANIMAL CONTROL
.36Presence of insectsirodents — outer openings protected. ` M
no birds, turtles, other animals
FLOORS, WALLS & CEILINGS
35
Floors, constructed, drained, clean, good repair, covering
1
as
1
installation. dustless cleaning methods
1
37
Walls, ceiling, attached equipment: constructed, good
1
73
repair, clean, surfaces, dustless cleaning methods
LIGHTING
37 Fighting provided as required. fixtures shielded 1 N
VENTILATION
36 Rooms and equipment — vented as required 1 M
DRESSING ROOMS
a0 Rooms clean, lockers provided, facilities clean, located 1 q
OTHER OPERATIONS
•41 Toxic Mems properly stored, labeled, used
s
To
Premises ma ntained free of litter, unnecessary articles.
42 cleaning maintenance equipment properly stored. Author-
ized personnel
1
71
43 Complete separation from living/sleeping quarters. Laundry
1
72
M Clean, soiled linen properly stored.
1
73
FOLLOW-UP No RATING SCORE ��
inspected by:
Remarks: Received by:
name title
lit
a Critical Items Requiring Immediate Attention:
x -aa GPC -1993
z
0 ,�^ ' EM
0 �^ �IME ^�
JEI :i
I
Registered Family
Homes
Stock Code 20320-0000
�t r. o
Texas Department of Human Resources
State Headquarters Located at 706 Banister Lane `
Mailing Address: P.O. Box 2960 • Austin, Texas 78769
CO&WAMM ONER SOARD MEMaERS
Marlin W Johnston f RE OERICK C RE HF E l DT M O
Charman Mdltap
RAUI IIMF NEI
February 22, 1982 San Antonn
JAMES C CONNER
Marshall
Dear Registered Family Home Caregiver:
The Texas Department of Human Resources Licensing Branch developed the following set
of minimum standards under authority of the child care licensing law and as prescribed by
the Administrative Procedure and Texas Register Act. The department received comments
and suggestions from Interested individuals during the 60 -day public review period In
1981.
The State Advisory Committee on Child Care Facilities, authorized by the child care
licensing law, is composed of parents, guardians, or custodians of children using child care
facilities, members of child advocacy groups, operators of child care facilities, and experts
In professional fields relevant to child care and development. The advisory committee
refined drafts of the minimum standards submitted for their consideration by Texas
Department of Human Resources.
When the standards were developed, the following people were members of the State
Advisory Committee on Child Care Facilities.
Mr. Bob Barker, Houston
Mrs. Betty Brown,Vidor
Mr. J. Leland Hacker, San Antonio
Mr. Gene Little, Irving
Mr. Orba Lee Malone, El Paso
Mr. J. B. Moore, Corpus Christi
Dr. Kent Skipper, Dallas
Mr. Lyn Turner, Austin
Mrs. Joan Braun, Mt. Enterprise
Mrs. Sally Cox, Houston
Ms. Elizabeth Hollamon, Galveston
Ms. Carolyn Martin, Houston
Mrs. Rita Bryant, Amarillo
Dr. Wilbur E. Crenwelge, Fredericksburg
Alternates
Mrs. Dee Ann Pate, San Antonio
Dr. Robert C. Prall, Austin
Ms. L. Lynne Rarra, EI Paso
Dr Michael Romaine, Dallas
Mr. Lamont Waldrlp, Boys Panch
Mrs. Carol 'Athlte, San Antonio
Mrs. Beverly Wood, Longview
M Equal Opportunity Employer
Page 2
The minimum standards, incorporating the comments and recommendations of the
advisory committee and the public, were submitted to the Texas Board of Human
Resources The Board Chaiiman is Frederick C Rehfeldt, M D , of Millsap The Board
members are Raul Jimenez of San Antonio and James C. Conner of Marshall
After approval by the Board, the minimum standards were Bled with the Secretary of State
Many Texas citizens have been involved in the development of reasonable Minimum
Standards for Registered Family Homes. The department deeply appreciates their help and
support in our mutual goal of reducing the risk to Texas children in out -of -home care
These minimum standards are effective April 26, 1982.
h.
Sincerely, /
Marlin W. Johnston
Attachments
MINIMUM STANDARDS FOR REGISTERED FAMILY HOMES
1000 THE CHILDREN IN CARE
1100 The Number of Children in Can
The maximum number of children that a caregiver may
care for in a. egistered family home is determined by: 1. the
legal definition of a registered family home, and 2 the ages
of the children in care
1 Legal Basis
To be registered, a caregiver's home must meet the
definition of a registered family home, in the Human
Resources Code, Chapter 42, Section 42.002/91:
"Registered family home means a facility that regularly
provides care in the caretaker's own residence for not more
than six children under 14 years of age, excluding the.
caretaker's own children, and that provides care after
school hours for not more than six additional elementary
school siblings of the other children given care, but the total
number of children, including the caretaker's own, does not
exceed 12 at any given time."
2 Ages of Children in Care
If there are mon than six children in the home, the
children in excess of six must be either the caregiver's own,
or school aye brothers and sister* of other children in care.
In determining how many children, according to age,
can be in the home at one time, all children are counted
including the caregiver's own. The number of children that
may be cared for at one time is shown on the chart on the
following page. The maximum number of children allowed
is 12 or fewer, depending on the ages of the children.
RF H
Section 1000
Page
DHR 4 -8 -
As shown in the chart, there can be up to four infant: -n
care. There must never be more than four infants in care
There must not be more than six children between birth and
4 years old in the home. The number of children between '8
months and 4 years is reduced by the number of infants •r.
care. For example, if there are two infants .n care in the
home, there can be up to four children from 18 months
through 4 years of age in care.
For each parr of numbers under "Preschoolers" there is
a corresponding number on the same line under "Schco
Age Children." This is the maximum number of cr,ldrer•
from the age of 5 through 13 who can be in care in the home
at the same time as the "Preschoolers".
RFH
Section 1000
Page 2
DHR 4-82
fruits on Nun*m of Children in Can by Age
All children in the home including the
caregiver's own children must be counted.
Preschoolers School Age Children
(See Item 5400)
Always total six or fewer
Maximum Allowed
Infants
0-1 7 mos
18 mos. -4 yrs.
5-13 yrs.
0
6
6
12
0
5
7
12
0
4
8
12
0
3
9
12
0
2
10
12
0
1
11
12
0
0
12
12
1
5
4
10
1
4
5
10
1
3
6
10
1
2
7
10
1
1
8
10
1
0
9
10
2
4
2
8
2
3
3
8
2
2
4
8
2
1
5
8
2
0
6
8
3
3
1
7
3
2
2
7
3
1
3
7
3
0
4
7
4
2
0
6
4
1
1
6
4
0
2
6
T here must not be more children in the home at the same time than is shown in one of the Innes across in the chart.
1200 Length of Can
A child must not be in registered family home care for
more than 24 consecutive hours.
1300 Taking Children for Can
1 Parents' Gude — When accepting a child for care,
the caregiver must give parents a copy of the Texas
Department of Human Resources parents' guide to
registered family homes
2 Emergency Medical Care Form — Before
accepting a child for care, the caregiver must have parents
complete and sign an emergency medical care form for their
children This caregiver must keep the form in the registered
family home.
3. Racal Discrimination — The caregiver must not
refuse care to a child because of race.
1400 Children's Heakh Records
1 Immunizations
The caregiver must comply with laws, rules, and
regulations regarding immunization of children. The
caregiver must keep current immunization records at the
registered family home for each child, including the
caregiver's own children if they are living in the family home.
For each child's record the caregiver must include the
child's birthdate, the type of immunization, the number of
doses, and the date of each immunization. A machine or
handwritten copy of the record is acceptable. When the
caregiver copes the record by hand, the caregiver must also
sign the record. The record may be any of the following:
a. A dated statement, signed or stamped by a
physician or health clinic, that the child has been immunized
against diphtheria, tetanus, pertussis, polio, measles,
mumps, and rubella, and showing the type of vaccine, the
number of doses, and the dates the immunizations were
given.
RFH
Section 1000
Page 3
DHR 4-82
b A dated statement signed o• s!arnped by a
physician or health clinic, stating that immurizatior aga rst
at least one of the diseases mentioned has begun, ,r o Mat
all immunizations will be completed as soon as coss-ole
current updated immunization record must be in t'^e home
c A statement signed by a licensed ph,1 .-ar
that the immunizations would harm the health and
well-being of the child or a member of the child's fam.; , o,
household
d. An affidavit la notarized statement) signed by
the child's parent that immunization is against the family's
religion.
e. A statement signed and dated by the parent is
acceptable for children enrolled in school The statement
must say that the child's immunizations are current and that
the record is at the school The name of the school must be
included
2. • TB Examination
a. When accepting a child for care, the caregiver
must get a record from the parents that the child has had a
tuberculosis examination, if this is recommended oy the
Texas Department of Health for the area in which the
registered family home is located
b. The caregiver must get the records of the
examinations if the Texas Department of Health
recommends further tuberculosis examinations.
c. The caregiver must keep the records in the
registered family home.
d. The caregiver's own children under 14 years
of age must meet the same requirements and their records
must be on file in the registered family home.
RFH
Section 2000
Page 4
SHR 4.82
2000 THE CARE "O AND FAMILY
2100 Caregiver Q.uaYBcndons
1 The caregiver must be at least 18 years old and
able to care for children.
2. A person 14 through 17 years old may help the
caregiver, but must never be left alone with the children.
3. A person convicted within the preceding 10 years
of any of the following offenses cannot serve as a caregiver
or be present in the registered family home when children
are in care, unless the Director of Licensing has ruled that
the person has established that he is rehabilitated -
a A felony or misdemeanor classified as an
offense against the person or the family,
b. A felony or misdemeanor classified as public
moecency,
c. A felony violation of any statute intended to
control the possession or distribution of any substance
included as a controlled substance in the Texas Controlled
Substances Act.
4. A person present in a registered family home who
is indicted or the subject of an official criminal complaint
accepted by a county or district attorney alleging
commission of any of the offenses listed below must not be
allowed to have any contact with children in care until the
charges are resolved:
a. A felony or misdemeanor classified as an
offense against the person or the family.
b. A felony or misdemeanor classified as public
indecency.
c. A felony violation of any statute intended to
control the possession or distribution of any substance
included as a controlled substance in the Texas Controlled
Substances Act.
The caregiver must notify the licensing office within 24
hours or on the next working day of the indictments or
complaints.
2200 Persons in the Home
When children are present, persons whose behavior or
health endangers the health, safety, or well-being of the
children must riot be to the registered family home Family
members, visitors, parents, or other persons with
symptoms of contagious disease, a physical or mental
condition that would be harmful to the children, or who
appear to be under the influence of alcohol or other drugs
must not be in the registered family home when children are
present.
2300 TB Examination
Persons over 14 years old who are in the registered
family home when children are in care must have a record of
a •uberculosrs examination.
The individuals must have had the examination within
12 months of the date the home was first registered with the
department. Further examinations are required if
recommendeo by the Texas Department of Health for the
area in which the registered family home is located. For
recommendations, call the local health authorities or the
regional office of the Texas Department of Health. A copy of
the examination records must be kept on file in the
registered family home.
2400 Aoddarrts
The caregiver must have a copy available of the first aid
and emergency care guide provided by the department to
use in case of an accident.
RFH
Section 3000
Page 5
DHR 4.82
3000 HEALTH AND SAFETY
3100 Fire, Sanitation, and Safety
The caregiver's home must meet the requirements in
Appendix I, Fire Prevention, Sanitation, and Safety.
3200 Nutrition
The caregiver must ensure that children in care have
nutritious meals and snacks in amounts adequate to meet
the needs of each child as shown in Appendix IV.
3300 General
The caregiver must keep a safe and healthy home.
Indoor and outdoor toys, equipment, and supplies must be
safe for the children
RFH
Section 4000
Page a
OHR 4-82
4000 THE CARE GIVEN TO CHILDREN
4100 Supervision and Health
1. Children must be supervised at all times by an adult
who is able to take care of them.
2 Children mus, not be out of control.
3. If a child gets sick, he must be separated from the
other children The sick child's parents must be notified
immediately. If the illness is serous, the physician listed on
the emergency medical care form must be notified or the
child must be taken to the hospital or clink listed on the
form
4. The caregiver may give medicine to a child in care
only if a physician or the child's parents have given written
permission.
4200 Abuse or Nepbct of Children in Care
1 Children must not be abused or neglected while in
care in the registered family home.
2. If a child comes to the registered family home
looking abused or neglected, the caregiver must call the
department or the police immediately. This is required by
state law.
4300 Tebphone Numbers
1. The caregiver must have a working telephone.
Telephone numbers for ambulances, police or sheriff's
department, and fire departmerit must be posted near the
phone.
2. Telephone numbers, where parents can be
reached in case of an emergency, must be posted near the
phone.
4400 Activities and Sipned Permission
1 The caregiver must plan activities appropriate to
the health, safety and well-being of the children. They must
include quiet and active play. Sufficient toys and equipment
must be available.
2 If the weather is good, the children must be
allowed to play outdoors daily Infants must be allowed
outside their cabs for activities.
3. The caregiver must get signed permission from the
parents before the children can participate in trips or
activities away from the registered family home
4. The caregiver must also get signed permission
from the parents before anyone other than the parents takes
a child away from the registered family home.
4600 Discipline
Children in care must not be punished cruelly, harshly,
or in an unusual way. A child of any age can never be shaken
or hit. A child under five years old can never be spanked. The
caregiver can only spank a child five years old or older if the
child's parents give the caregiver their written and signed
permission. The caregiver can only use an open hand to
spank, and the spanking can only be done on the child's
buttocks.
4000 Togs
The caregiver must not allow toys that use anything that
explodes (such as caps) or that shoot things (such as darts
or BB's). Caregivers must not allow toys that contain
poisonous materials (such as lead paints or poisonous
gases).
RF11
Section 5000
Page 7
OHR 4-82
5000 DEFINITIONS
5100 Parent
"Parent," as used in these standards, includes a
parent, legal guardian, or a managing conservator.
5200 Regular Care
Regular care is for more than two days a Week and for at
least five consecutive weeks (See Item 1100, 1 1
5300 After-school Hours
After-school hours include school holidays, summer
vacations, and periods during which the school is in
operation but students are not expected to attend, such as
teacher work days. (See Item 1100, 1 .1
5400 School Age Children
School age children are those children 5 through 13
years of age who are regularly enrolled in a school in
addition to coming to the registered family home for care.
5500 Own Children
The caregiver's own children include the caregiver's
children by birth or adoption, and stepchildren. (See Item
1100, 1 and 2.)
RFH
Appendix I
Page 9
DHR 4-82
APPENDIX I
FIRE PREVENTION, SANITATION, AND SAFETY REQUIREMENTS FOR REGISTERED FAMILY HOMES
Fire Prevention
I In case of danger from fire, the first respon-
sibility of the caregiver is to get the children to
safety.
2 There must be a 2 1/2 pound dry chemical
fire extinguisher in good working condition availa-
ble for use to the kitchen.
3. When children are in care, there must be an
adult present who is familiar with the operation of
:he fire extinguisher.
4. The fire extinguisher must be serviced after
each use, checked for proper weight at least once a
year, and serviced if needed.
5. There must be at least two unblocked exits
to the outside of the home. A window may be
counted as an exit if children can get through it to
the ground outside of the house quickly and safely.
6. The electrical wiring system must be in
good repair.
7. Fuses or circuit breakers in the fuse box
must be in good operating condition.
8. Cords for electrical appliances and lighting
fixtures must be in good working condition.'
9. Extension cords must not be overloaded.
They may not be run under rugs or hooked over
nazis.
10. Central heating units must be inspected by
a qualified technician as often as recommended by
the manufacturer.
11. Wood -burning or gas -log fireplaces and
open flame heaters must be protected with a spark
screen or guard.
FIRE PREVENTION, SANITATION, AND SAFETY
12. Space heaters designed to be vented mus:
be vented properly to the outside.
13. All gas appliances (heaters, water heaters.
stoves) must have metal tubing and pipe connec-
tions.
14. If trash is burned, it must be in an area
away from the children.
15. Lighters and matches must be kept where
children cannot reach them.
16. Flammable liquids must be stored in safety
cans and kept where children cannot reach them.
17. The home and yard, particularly attics,
basements, garages, and storage sheds, must be kept
free of rubbish.
18. Rags, paper, and other flammable
materials must be kept away from heat.
Sanitation
1. The home and grounds must be kept clean.
2. The kitchen and all food preparation,
storage, and serving areas and utensils must be kept
clean.
3. Perishable food must be refrigerated or safe-
ly stored in other ways.
4. The home must either use a public water
supply or a private well that is approved by local
health authorities or the Texas Department of
Health.
RFH
Appendix I
Page 10
DHR 4-82
5. The home must either use it public sewage
disposal system or a private system that is approved
by local health authorities or the Texas Department
of Health.
6. Plumbing must be kept in good working
condition.
7 The home must have running water
8. There must be at least one toilet, lavatory,
and bathtub or shower inside the home.
9. Bathrooms must be kept clean.
10. Soap and toilet paper must be available at
all times.
11. Each child mist have a clean towel availa-
ble, or paper towels must be available.
12. Garbage must be removed at least once a
week.
13. Garbage must be kept in metal or plastic
containers with tight fitting lids in an area away
from the children.
14. The home must be kept free of insects,
mice, and rats.
15. The yard must be well drained; with no
standing water. The yard must be kept free of gar-
bage and trash.
16. The house must be adequately ventilated
and free from bad odors.
17. Windows and outside doors that are kept
open must be screened
Safety
1. The home and the outdoor play area must
be kept free of hazards to children.
2. Cleaning supplies, bug sprays, medicines,
and other materials that would harm children must
be kept where children cannot reach them.
3. Electric outlets in rooms used by children
must be safety outlets or have child -proof covers.
4. Electric fans must be securely mounted
where children cannot reach them, or have guards
which keep children from touching the fan blades.
S. Outdoor steps must not have a slippery sur-
face. Porches, railings, playhouses, and other
wooden structures must not have splinters.
6. Indoor floors and steps must not be slippery,
and must be dry when children are using them.
Wood surfaces and objects must not have splinters.
7. Glass doors must be marked at a child's eye
level to prevent accidents.
8. If there is a swimming pool, wading pool,
pond, creek, or other body of water on or near the
premises of the home, children must be protected
from unsupervised access to the water.
RFH
Appendix II
Page 11
DHR 4.82
APPENDIX II
CHILD-CARE FACILITY
IMMUNIZATION REQUIREMENTS
EFFECTIVE 9/1/79
Age Group
Immunization Required
Under 2 mos.
No immunizations required
2 mos. to 4 mos.
1 dose of oral polo vaccine (OPV)
September 1, 1982
1 dose of diphtheria -tetanus -pertussis (DTP) vaccine
4 mos. to 6 mos.
2 doses of OPV
September 1, 1984
2 doses of DTP vaccine
6 mos. to 18 mos.
2 doses of OPV I
3 doses of DTP vaccine.
18 mos. to 5 yrs.
3 doses each of OPV and DTP vaccine.
1 dose each of measles(1), rubella(2). and mumps(3)
vaccines.
5 yrs. and older
3 doses each of OPV(4) and DTP(5) vp,-rcine.
1 dose each of measles(1), rube. -,1(2). and mumps(3)
vaccines.
NOTES.
(1) Measles: As a part of the child's immunization
record. a written physician -verified history of measles
illness is accceptable in lieu of vaccine. Effective
September 1, 1979, children through age 12 years are
required to have received measles vaccine since the first
birthday or provide a written physician -verified history
of measles illness. On the first of September of each
following year, children one year older must also meet
these requirements. and by September 1. 1985. all
children through 18 years of age will be included. Sea
the table below:
Measles Vaccine Requirements By Effective Dates
For Children in Child -Care Facilities'
Effective Dates Ages in Years'
September 1. 1979
Thru 12
September 1. 1980
Thru 13
September 1, 1981
Thru 14
September 1, 1982
Thru 15
September 1, 1983
Thru 16
September 1, 1984
Thru 17
September 1. 1985
Thru 18
'Ages of children in child-care facilities on the effective
date
(2') Rubella: Rubella vaccine is not required after the
twelfth birthday. A history of rubella illness -s no:
acceptable.
(3) Mumps: As a part of the child's Imm.11r.'Ivt101.
record. a written physician -verified history oi ,...,mps
illness is accep!able in lieu of vaccine. Effective
September 1. 1979, children less than eight years of age
are required to have received mumps vaccine or provide
a written physician -verified history of mumps illness Or:
the first of September of each following year. childrer,
one year older must also meet this requirement B,;
September 1. 1990. all children through 18 years >f ay,
will be included. See the following table.
RFH
Appendix II
Page 12
DHR d-82
Mumps Vaccine Requirements by Effective Date for
Children 18 Months Through 18 Years of Age
In Child -Care Facilities
Effective Data Ages in Years•
September 1. 1979
Thru 7
September 1. 1980
Thru 8
September 1. 1981
Thru 9
September 1. 1982
Thru 10
September 1. 1983
Thru 11
September 1. 1984
Thru 12
September 1. 1985
Thru 13
September 1. 1986
Thru 14
September 1. 1987
Thru 15
September 1. 1988
Thru 16
September 1. 1989
Thru 17
September 1. 1990
Thru 18
'Ages of children in child-care facilities on the effective
date.
(4) Pono: At least three doses of oral polio vaccine
(OPV) are required. provided at least one dose has been
received on or after the fourth birthday. A dose of OPV
given during the calendar month prior to the fourth
birthday will substitute for the dose on or after the
fourth birthday. No further doses of OPV are required.
Some children or students may be enrolled who
have received inactivated polio vaccine (IPV). These
students are in full compliance when an initial series of
four doses are completed and a booster dose within five
years of the fourth dose has been received. A booster
dose is required every five years thereafter. If the child,
upon medical advice, starts receiving OPV. then the
total requirement for OPV must be met.
P
(5) DiphtMrie-Tetenue-PwtussiwTetonuo-Diphtheria:
At least three doses of DTP and/or Td vaccine are
required. provided at least one dose has been received
on or after the fourth birthday. A dose of DTP or Td given
during the calendar month prior to the fourth birthday
will substitute for the dose on or after the fourth
birthday.
In addition to the minimum of three DTP or Td doses
with one dose since the fourth birthday. children 12
years of age and older must have a last dose within the
past ten years. (A Td booster is required ten years after
the administration of the immunization that meets the
requirement for the "dose since the fourth birthday."
Example: If the last dose of DTP was received at age five.
the ten year Td booster is due at age 15.)
(6) An Annual Report of the Immunization Status by
age group of all children must be submitted on the
request of the Texas Department of Health.
RFH
App: idix III
Page 13
DHR 4-82
APPENDIX 111
CRIMINAL OFFENSES FROM THE TEXAS PENAL CODE
The following constitute criminal offenses included in the Texan Pex d Code:
Title 5. Offenses Against the Person
Murder
Capital murder
Voluntary manslaughter
Involuntary manslaughter
Criminally negligent homicide
False imprisonment
Kidnapping
Aggravated kidnapping
Rape
Aggravated rape
Sexual abuse
Aggravated sexual abuse
Homosexual conduct
Public lewdness
Indecent exposure
Rape of a child
Sexual abuse of a child
Indecency with a child
Assault
Aggravated assault
Deadly assault on a peace officer
Injury to a child
Reckless conduct
Terroristic threat
Aiding suicide
Title Q. Offenses Against the Family
Bey
Incest
Interference with child custody
Enticing a child
Criminal non-support
Sale or purchase of a child
Solicitation of a child
Harboring a runaway child
Title 43. Public Indecency
Prostitution
Promotion of prostitution
Aggravated promotion of prostitution
Compelling prostitution
Obscene display or distribution
Obscenity
Sale. distribution or display of harmful
material to a minor
Sexual performance by a child
RFH
Appendix IV
Page 16
DHR 4-82
KINDS AND AMOUNTS OF FOODS TO BE SERVED TO MEET NUTRITIONAL NEEDS
Kinds of Food Total Amount to Meet Total Amount to Meet
1/3 of Daily Need 1/2 of Daily Need
1. Milk or Milk Products
Milk Children 1-3
3/4 cup
1 1/Scups
or Children 4-6
1 cup
1 1/2 cups
Cheese Children 1-3
1 inch cube
1 1/ 2 inch cubes
Children 4-6
1 1/ 2 inch cubes
2 inch cubes
2. Bread and
Cereal Products
Bread Children 1-3
1 slice
11/2 slices
or Children 4-6
11/2 slices
21 /4 slices
Cereal Children 1.3
1/2 cup
3/4 cup
Children 4-6
3/4 cup
1 1/8 cups
3. Vegetables and Fruits
One serving Vitamin C
1 / 2 cup
3/4 cup
rich per day (1 /4 cup)
One serving Vitamin A
rich every other day
(1/4 cup)
4. Protein
Meat, fish, poultry
2 Tablespoons
3 Tablespoons
(cooked)
or
Eggs
1 ]Egg
11/2 Eggs
or
Peanut butter
2 Tablespoons
3 Tablespoons
or
Cooked dried beans
or peas
1/2 Cup
3/4 Cup
APPENDIX IV EXAMPLES OF KINDS OF FOODS TO BE SERVED TO MEET NUTRITIONAL NEEDS
1) Mine or Milk Products
2) Vegetables and Fruits
Milk and foods made from milk
a) Vitamin A Foods
b) Other Vegetables
c) Vitamin C F4,40%
such as cream and puddings
VEGETABLES
VEGS. FRUITS
FRUITS
Cheese'
Cheddar
Broccoli
Beans Apples
Orange juicc
Cottage
Carrots
Lima Avocados
Oranges
Swiss
Greens
Green Bananas
Grapefruit
Dandelion
Wax Dates
Grapefruit juicc
Mustard
Beets Figs
Mangos
Turnip
Celery Fruit cocktail
Strawberrics
Spinach
Cabbage Grapes
Tangerines
Squash -winter
Corn Olives
Cantaloupe
Sweet potatoes
Cucumbers Peaches
Watermelon
Eggplant Pineapple
FRUITS
Lettuce Plums
VEGETABLES
Mushrooms Raisins
Apricots
Onions Watermelon
Broccoli
Cantaloupe
Peas Juice
Green peppers
Potatoes Apple
Brusscl sprouts
Radishes Grape
Cauliflower
Pineapple
Mustard greens
Tomatoes
Raw cabbage
Baked potatoes
3) Meats, Fish, Poultry, or Meat Substitutes
4) Breads and Cereals
Meat -canned, dried, fresh and frozen
ENRICHED BREADS
Beef
1) French 3) Rye S) White
Lamb Peanut butter
2) Raisin 4) $oy 6) Whole wheat
Pork Eggs
Veal Dry beans
All of the following must be enriched:
Luncheon meats Dry peas
Liver Lentils
Boston brown bread Rolled wheat or oats Macaroni Grits
Chicken Vegetable protein
Fruit breads Biscuits Noodles Bulgar
Turkey
Prepared cereals Cornbread muffins Rolls
Fish
Rice
Cheese'
..._.............. �
D
v
'Do not count the same .lice of cheese as both mills and meat. _ TV
These•are examples offood which meet the requirements. Other foods may be substituted in amount-. -,7!hicit ensure 01�at the minimum rcq u.:cmenrs al: -r-t x! m
�f 'L
•r,
Minimum
El
May 1995
Stock Code 20315-0000
IN
Group Day-care
Homes
El
May 1995
Stock Code 20315-0000
IN
Texas Department of Human Services w
John H. Winters Human Services Center • 701 West 51st Street
Mailing Address: P.O. Box 2960 • Austin, Texas 78769
COMMISSIONER BOARD MEMBERS
MARLIN W JOHNSTON J LIVINGSTON KOSBERG
Chairman, Houston
VICKI GARZA
Corpus Christi
SIDNEY STAHL
February 8, 1985 Dallas
Dear Licensee:
The following are the revised minimum standards which are effective May 1, 1985.
The State Advisory Committee on Child Care Facilities was established by the child care
licensing law. It is composed of parents, guardians, or custodians of children using child
care facilities; members of child advocacy groups; operators of child care facilities; and
experts in various professional fields related to child care and development. The Advisory
Committee members carefully studied drafts of the minimum standards that Licensing
Branch staff of the Texas Department of Human Resources submitted for their consider-
ation. -Based on their recommendations and the directions of the Texas Board of Human
Resources, the proposed revisions to the standards were published in the Texas -Register.
All sets of standards went through a 60 -day public review period during August and Sep-
tember of 1984 to allow interested individuals to comment and make suggestions on them.
Public hearings on the proposed minimum standards were held in Austin, San Antonio, Cor-
pus Christi, McAllen, Tyler, Nacogdoches, Beaumont, Houston, Arlington, Wichita Falls,
Abilene, Waco, Lubbock, Amarillo, Midland, and EI Paso. Members of the Advisory Commit-
tee were present at the public hearings.
The following were members of the State Advisory Committee on Child Care Facilities:
Dr. Wilbur E. Crenwelge, Fredericksburg
Mr. Joe E. Fogle, Dallas
Ms. Sue Gainer, Dallas
Mr. Hernan Gonzales, Alamo
Dr. A. J. Green, Jr., Beeville
Ms. Rose Ann Grissett, Austin
Ms. Pat Henson, San Antonio
Ms. Gail Laubenthal, Wichita Falls
Mr. Buddy Owens, Mission
Ms. Harriet Simburger, Dickinson
Dr. Tom Slatton, Amarillo
Mr. Alan Sowders, Quinlan
Mr. David C. Winship, Houston
Mr. Charles Campise, Driftwood
Mr. Russell Herrington, Odessa
Mr. Charles E. Long, Tyler
Ms. Martha McDonald, Houston
Ms. Sherry Workman, Austin
An Equal Opportunity Employer
Page 2
Based on the oral and written comments the department received and the recommenda-
tions of two ad hoc committees composed of for profit and nonprofit providers, parents,
interested professionals, and the Advisory Committee, the proposed changes to the stand-
ards were submitted to the Board for approval on December 13, 1984, at its meeting in Lub-
bock. The Board is composed of
Mr. J. Livingston Kosberg, Chairman, Houston
Ms. Vicki Garza, Member, Corpus Christi
Mr. Thomas M. Dunning, Member, Dallas
After the Board approved the minimum standards, they were filed with the Secretary of
State.
Many Texas citizens have been involved in the effort to develop reasonable minimum stand-
ards for child care facilities. The department appreciates their help and support in our mutual
goal of ensuring safe child care for Texas children.
Sincerely,
M % W alt�
OJYA;�
Marlin W. Johnston
MWJ:lm
Attachment
MINIMUM STANDARDS FOR GROUP DAY CARE HOMES
A group day care home is a facility that provides care for less than 24 hours a day for
seven to 12 children under 14 years old.
MINIMUM STANDARDS FOR GROUP DAY CARE HOMES
Page
INTRODUCTION ....................................... 1
1000 ORGANIZATION AND ADMINISTRATION ................ 3
1100 Organization........................................................ 3
1200 General Administration .............................................. 3
1300 Enrollment......................................................... 5
1400 Records............................................................ 6
2000 PERSONNEL ..................................... 7
2100 Director Qualifications ............................................... 7
2200 Director Responsibilities.............................................. 7
2300 Staff Qualifications and Responsibilities .............. ................ 7
2400 Training........................................................... 9
2500 Staff -Child Ratio....................................................10
3000 BUILDING, GROUNDS, AND EQUIPMENT ................11
3100 Space.............................................................11
3200 Furnishings........................................................11
3300 Equipment.........................................................11
3400 Toilet Facilities......................................................11
4000 FIRE, SANITATION, AND SAFETY......................12
4100 Fire...............................................................12
4200 Sanitation..........................................................13
4300 Safety.............................................................14
5000 PHYSICAL HEALTH................................16
5100 Health Requirements for Children......................................16
5200 Illness or Injury .....................................................17
5300 Medications........................................................18
5400 Emergency Phone Numbers...........................................19
5500 Animals...........................................................19
6000 FOOD SERVICE AND NUTRITION ......................20
6100 Food Service........................................................20
6200 Nutrition..........................................................20
C7
7000 ACTIVITIES.....................................21
7100 Operation..........................................................21
7200 Discipline and Guidance..............................................22
7300 Infant and Toddler Care..............................................23
7400 Children with Need for Special Care.....................................24
7500 Night Care.........................................................24
7600 Water Activities.....................................................24
7700 Transportation......................................................26
GLOSSARY...........................................28
APPENDIX 1
Human Resources Code, Chapter 42
Child Care Licensing Law...................................................31
APPENDIX II
Excerpts from the Toxas Family Code (Amended)...............................39
APPENDIX III
Child Care Facility Immunization Requirements
(from the Texas Department of Health)
September1979...........................................................43
APPENDIX IV
FoodCharts..............................................................45
APPENDIX V
Alternatives to Physical Punishment.........................................49
APPENDIX VI
Communicable Disease Chart................................................51
APPENDIX VII
Sanitizing Procedures for Food Service Equipment..............................53
APPENDIX VIII
Criminal Offenses from the Texas Penal Code..................................55
INTRODUCTION
Minimum Standards
Minimum standards for regulating child care facilities are developed by the Texas
Department of Human Resources (DHR) with the assistance of child care providers, par-
ents, lawyers, doctors, child care professionals, and experts in fire, sanitation, and safety.
The child care licensing law sets guidelines for what must be included in the standards
and requires that minimum standards be reviewed and commented on by the State Advi-
sory Committee on Child Care Facilities. The licensing law requires that proposed stan-
dards be distributed to providers for a 60 -day review and comment period before adopt-
ing the proposed standards as rules. The Administrative Procedure and Texas Register
Act also requires that proposed standards be published for a public comment period
before adoption as rules. The department considers recommendations from providers,
other interested groups, and individuals in formulating the final draft, which is filed as
rules with the Secretary of State. Standards are a product of input from many people and
groups and are designed to reflect what the citizens of Texas consider reasonable and
minimum.
Exceptions to Minimum Standards
The child care licensing law authorizes the department to grant waivers and variances
for specific standards. A waiver is official permission not to meet a specific standard. It
is granted only for economic reasons. A variance is official permission to meet the intent
of a specific standard in a way other than as stated in the standard. It may be granted
for good and just cause when a particular standard is not applicable for a facility.
A facility may request a waiver or variance when applying for a license, certificate, or
registration or during the time the facility is regulated. The child care facility's licensing
representative receives the request and makes a recommendation about it to state office
staff. State office staff members make the decision on the request for a waiver or vari-
ance primarily by considering the risk to the health, safety, and well-being of the children
in care.
Informal Administrative Reviews
An applicant, a licensee, a certificate holder, or a person registered with the department
has the right to request an informal review if he disagrees with a licensing representa-
tive's decision. Child care providers are encouraged to first talk over the situation with
the licensing representative. If this does not solve the problem, a day care provider may
contact the day care licensing supervisor or the program director for day care licensing in
the area. The licensing representative provides the name, address, and telephone number
of the person to contact.
Introduction
Page 2
The child care provider may request the review orally or in writing. He explains the dis-
agreement and tells the department if he plans to have an attorney present. A member of
the department's licensing staff conducts the review. The reviewer examines the facts
and then makes a recommendation to uphold or change the licensing representative's
decision. The child care provider is promptly informed of the decision.
Appeals and Court Challenges
If the department denies an application or revokes a license, certification, or registration,
the provider is notified in writing what standards or provisions of the law are being vio-
lated. He is given information about how to request an appeal. The child care provider
may request an appeal of the decision within 30 days of notification.
If a request for appeal is granted, the assistant commissioner for licensing appoints an
advisory review board which includes people who hold the same kind of license as the
person appealing the denial or revocation. A hearing is also scheduled.
After an appeal hearing, the advisory review board makes recommendations to the
assistant commissioner for licensing. A committee reviews the materials and makes a
decision on the appeal. The committee is composed of the assistant commissioner for
licensing, a person from the Licensing Branch who develops standards, and a depart-
ment representative in the region where the facility is located.
If a person who appeals a denial or revocation does not agree with the decision on the
appeal, he may challenge it within 30 days after notification of the decision. This is done
by filing suit in a district court in Travis County or in the county where the facility is
located.
Section 1000
GDCH
Page 3
DHR 5-85
ORGANIZATION AND ADMINISTRATION
1100 081.601) Organization
1. The owner of a group day care home is responsible for its policies. The owner must assure that the
home operates in compliance with the "Minimum- Standards for Group Day Care Homes" and the
child care licensing law, Chapter 42, Human Resources Code (see Appendix I).
2. The home must notify the department and apply for a new license before changing the location of the
home.
3. The home must notify the department in writing of
a. any planned addition or reduction in indoor or outdoor space before using the changed area, and
b. the addition of a swimming or a fixed wading pool before using the pool.
4. The home must notify the department by telephone or in writing before, if possible, or within five
workdays of any occurrence affecting the operation of the home. This includes, but is not limited to,
the following-
a.
ollowinga. change in ownership,
b. change of director,
c. going out of business,
d. change in hours of operation, and
e. change in age range of children in care.
If any change would violate the restrictions on the license, the owner must request that the license be
amended. He must wait until the department changes the restriction before making the change in opera-
tion.
1200 081.602) General Administration
1. The home must display the following in a prominent place where staff, parents, and others may
review them:
a. the license,
b. the letter or compliance evaluation form that the licensing representative provided at or following
the most recent inspection or investigation of the home (if the notification includes a requirement
for posting), and
Section 1000
GDCH
Page 4
DHR 5-85
c. a department form stating that the items required in standard 1200, 2 are available.
2. The home must have available for review on request
a. the letter or compliance evaluation form that the licensing representative provided at or following
the most recent inspection or investigation of the home (if the notification does not include a
requirement for posting);
b. a current copy of the department's "Minimum Standards for Group Day Care Homes"; and
c. the home's most recent
(1) fire inspection report,
(2) sanitation inspection report, and
(3) gas pipe inspection report.
3. The home must immediately notify the department of any serious occurrences affecting its operation.
These include, but are not limited to, the following-
a.
ollowinga. fire, and
b. death, serious accident, serious injury, or serious communicable disease of a child or staff.
4. The home must report suspected child abuse or neglect as required by the Texas Family Code (see
Appendix II) to
a. the nearest DHR child protective services office, and
b. a local or state law enforcement agency.
5. A person who is indicted or the subject of an official criminal complaint accepted by a county or dis-
trict attorney alleging he committed any of the offenses listed below must not be in the home while
children are in care and must not have contact with the children in care until the charges are resolved.
The offenses (see Appendix VIII) are
a. a felony or misdemeanor classified as an offense against the person or family,
b. a felony or misdemeanor classified as public indecency, and
Section 1000
GDCH
Page 5
DHR 5-85
c. a felony violation of any law intended to control the possession or distribution of any substance
included as a controlled substance in the Texas Controlled Substances Act.
The home must notify the department of the indictment or complaint within 24 hours or on the next
workday.
1300 081.603) Enrollment
1. Before a child is enrolled, the home must inform parents about the home's activities and policies.
2. The home must obtain enrollment information for each child before admission. The home must keep
this information while the child is in care. The parent must sign a form that contains the following-
a.
ollowinga. the child's name, birth date, home address, and home telephone number;
b. the school name and telephone number for a school-age child;
c. date of admission (see Glossary);
d. name and address of parent(s) and telephone numbers at which parent(s) can be reached while the
child is in care;
e. the names of people to whom the child may be released;
f. hours the child will be in care;
g. name, address, and telephone number of the child's physician;
h. a statement of the child's special problems or needs. This includes allergy, existing illness, pre-
vious serious illness and injuries, hospitalizations during the past 12 months, and any medication
prescribed for long term, continuous use;
i. transportation permission, if transportation is provided;
j. permission for participation in water activities, if any, and
k. emergency medical authorization.
Section 1000
GDCH
Page 6
DHR 5-85
3. The home must
a. give the parent of each child in care a copy of the department booklet, "A Parent's Guide to Day
Care," and
b. keep on file a copy of the receipt showing that the parent was given the booklet and discussed it
with the home.
4. The home must not racially discriminate against any child.
1400 (§81.604) Records
1. The home must have records of daily attendance of children and staff for the previous three months.
The hours staff worked must be recorded.
2. The home must maintain personnel records for all staff and ensure that each staff's record includes
a. the date on which staff began work at the home;
b. a statement from the staff providing information about all felony and misdemeanor convictions
and about all pending criminal charges, including deferred adjudication; and
c. a record of a tuberculosis examination no earlier than 12 months before beginning the position.
3. All required records must be available at the home for the department to inspect during hours of oper-
ation.
Section 2000
GDCH
Page 7
DHR 5-85
PERSONNEL
2100 081.605) Director Qualifications
1. A person who becomes the director of a home after May 1, 1985, must be at least 21 years old and
have a high school diploma or its equivalent.
2. No one may serve as director of a home who has been convicted of any of the following offenses (see
Appendix VIII):
a. a felony or misdemeanor classified as an offense against the person or family,
b. a felony or misdemeanor classified as public indecency, or
c. a felony violation of any law intended to control the possession or distribution of any substance
included as a controlled substance in the Tbxas Controlled Substances Act.
3. The director must send the following to the department on a department form:
a. a record of training and experience;
b. information about all felony and misdemeanor convictions; and
c. information about all pending criminal charges, including deferred adjudication.
2200 081.606) Director Responsibilities
An on-site director must administer the home's daily operation in compliance with minimum standards.
If the director is absent from the home, an adult with the same qualifications must be responsible for the
children. During the director's absence, the designated person must administer the home in compliance
with minimum standards.
2300 (§81.607) Staff Qualifications and Responsibilities
1. Staff working directly with children must be age 18 or older. The home, however, may include in the
staff -child ratio a person 16 or 17 years old who works under the direct supervision of a qualified adult
and
a. has graduated from high school, or
Section 2000
GDCH
Page 8
DHR 5-85
b. is enrolled in a child care related career program approved by the Texas Education Agency or
other state or federally approved programs.
At least one qualified adult staff must be included in the staff -child ratio of the group when chil-
dren are in activities away from the home.
2. Each staff employed after May 1, 1985, must have a high school diploma or its equivalent except
when meeting the requirements in standard 2300, Lb.
3. Staff must show competency, good judgment, and self-control in working with children.
4. Staff must relate to the children with courtesy, respect, acceptance, and patience.
5. Staff must give children a variety of positive experiences. These include setting limits, providing
guidance, and settling arguments or fights.
6. Effective January 1, 1986, a person certified in first aid and a person certified in cardiopulmonary
resuscitation of children must be present at the home at all times when children are in care. The
home must have current certificates attesting to the training.
7. A person convicted of any of the following offenses (see Appendix VIII) must not be in the home
while children are in care and must not serve in any capacity where there is contact with children in
care:
a. a felony or misdemeanor classified as an offense against the person or the family,
b. a felony or misdemeanor classified as public indecency, or
c. a felony violation of any law intended to control the possession or distribution of any substance
included as a controlled substance in the Texas Controlled Substances Act.
8. People at the home must not abuse, neglect, or sexually molest children (see Glossary).
9. People whose behavior or health appears to endanger the health, safety, or well-being of children
must not be at the home.
10. People must not smoke in the presence of children or consume alcohol when children are at the home.
People who appear to be under the influence of alcohol or other drugs must not be in the home when
children are present.
Section 2000
GDCH
Page 9
DHR 5-85
11. Staff must supervise (see Supervision in Glossary) children at all times.
12. The home must ensure that children are not out of control.
13. The home must ensure that a child is released only to a parent or an adult designated by the parent.
14. The home must have and follow a plan to verify the identity of a person authorized to pick up a child
but not known to staff. For example: view the picture identification on the person's driver's license
or DPS identification card and record the name and card number. The home keeps this identifying
information for 24 hours.
2400 081.608) Training
1. The home must orient new staff members in understanding children and in job expectations when
they begin work. The home must have documentation that each staff was oriented in
a. the requirements in the "Minimum Standards for Group Day Care Homes" and the licensing
law;
b. the home's child care policies, including discipline, guidance, and release of children;
c. recognition of symptoms of child abuse, neglect, and sexual molestation and the responsibility
and procedure for reporting these; and
d. the procedures to follow in handling emergencies (after the home has explored its environment
for external hazards and formulated emergency plans accordingly). Emergencies may include,
but are not limited to, fire, explosion, tornado, toxic fume, or other chemical release.
2. If volunteers are counted in the staff -child ratio for special activities only, the home must
a. ensure that each volunteer receives relevant orientation, and
b. obtain from each volunteer the statement required in standard 1400, 2.b.
3. Staff must participate yearly in at least 15 clock hours of training (see Glossary) in understanding
children and improving job performance.
The director must participate yearly in at least 20 clock hours of training. At least six clock hours must
be in staff supervision or management and at least six clock hours must be in child development or early
childhood education.
The training must be documented in the staff's record at the home. A year is defined as 12 months from
the date of employment.
Section 2000
GDCH
Page 10
DHR 5-85
2500 (481.609) Staff -Child Ratio
1. No more than 12 children under 14 years old must be in care in a group day care home. This number
includes the director's and staff's children under age 14. Any of the following combinations are
acceptable. School-age children may be substituted for preschoolers in any of these combinations.
One Person Caring for Children
Infants Preschoolers School-age
0 -17 months
18 months - 3 years
4 -13 years
0
8
4
1
6
4
2
5
3
3
2
1
4
0
0
Two People Caring For Children
Infants
Older Children
0 -17 months
18 months and older
10
0
9
3
8
4
7
5
6
6
5
7
4
8
3
9
2
10
1
11
0
12
2. If more than two people are caring for children, then the. 12 children in care may be any age from
infants through 13 years old.
Section 3000
GDCH
Page 11
DHR 5-85
BUILDING, GROUNDS, AND EQUIPMENT
3100 081.610) Space
1. There must be at least 30 square feet of indoor activity space, measured wall-to-wall on the inside, for
each child in the home. The measurement does not include single -use areas (see Glossary).
2. The home must have an outdoor play space of at least 80 square feet for each child using the area at
one time.
3. All outdoor play areas regularly used by children must be accessible by a safe route and enclosed by a
building or a fence at least 4 feet high with at least two exits. An entrance to the house may count as
one exit, but one exit must be away from the house. Staff must be able to open exits immediately in
an emergency.
3200 081.611) Fumishings
1. The home must have a working telephone with a listed number.
2. The home must ensure that preschool children have individual cots, beds, or mats at least 1 inch thick
that are waterproof or washable. The home must ensure that all sleeping equipment and furnishings
are clean and sanitary (see Glossary). Linens must be washed before a different child uses them and
when soiled.
3. The home must ensure that school-age children have comfortable arrangements for rest when they
are in care more than seven hours.
3300 081.612) Equipment
The home must provide indoor and outdoor equipment and materials (see Glossary) that are appropriate
to the developmental needs, individual interests, and ages of the children. There must be a sufficient
amount of equipment and materials to avoid excessive competition among the children or long waits for
materials.
3400 081.613) Toilet Facilities
The home must have bathroom and toilet equipment adequate to handle children's needs quickly and
safely.
Section 4000
GDCH
Page 12
DHR 5-85
FIRE, SANITATION, AND SAFETY
4100 081.614) 81.614) Fire.
1. In case of fire or danger of fire or explosion, the home's first responsibility is to evacuate the children
to a designated safe area.
a. The home must supervise children until the fire department determines the building is safe to re-
enter or until the children are picked up by their families.
b. The home must contact the fire department in case of fire or danger of fire, explosion, toxic fume,
or other chemical release.
2. The home must have an annual fire inspection with a written report by a local or state fire marshal.
The home must make any corrections called for in the report and must comply with any restrictions
imposed by the fire inspector.
3. The home must have at least one fire extinguisher approved by the fire marshal. The home must
mount the extinguisher on the wall by the hanger or bracket provided so that all adults in the home
can reach the extinguisher and use it. The home must make the extinguisher readily available for
immediate use by the staff. The home must inspect the fire extinguisher monthly, record the date, and
ensure the extinguisher is serviced when required.
4. By January 1, 1986, the home must be equipped with smoke detectors installed and maintained
according to the manufacturer's instructions and in compliance with requirements of the local fire
code.
5. The home must have a flashlight or other battery -powered lighting available to use in case of electri-
cal failure.
6. The home must ensure that all children and staff are able to exit safely from the building within three
minutes in an emergency.
a. The home must practice a fire drill every three months and any other emergency procedures once
each year.
b. A home must not allow children on any level above or below the ground floor unless the home
obtains specific written approval of a fire marshal for care on other levels.
Section 4000
GDCH
Page 13
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c. A home must have at least two exits to the outside located in distant parts of the building. An exit
through a kitchen or other hazardous area cannot be one of the required exits unless specifically
approved in writing by the fire marshal.
d. If any doors open into a fenced yard, children must be able to open the doors easily from inside the
home. The home must not have any locked doors between rooms while children are present.
e. The home must not have any blocked doors or pathways.
7. The home must ensure that heating devices and areas near heat sources are not fire hazards and
present no hazard to children.
a. If the home has gas appliances, the home must ensure that the appliances have metal tubing and
connections unless approved in writing by the fire marshal.
b. Open flame space heaters are prohibited. Space heaters must be enclosed and have the seal of
approval of a test laboratory approved by the fire marshal. The home must safeguard floor and
wall furnace grates so that children do not have access to them.
c. If the home has liquid or gas fuel heaters, the home must properly vent them to the outside.
Unvented liquid or gas fuel heaters are prohibited.
d. If the home uses a fireplace or wood -burning stove, the home must properly vent it to the outside.
The home must install a rigid screen or guard to prevent children from falling into the fire or
against the stove.
8. The home must ensure that gas pipes are tested annually for leaks.
4200 081.615) Sanitation
1. The home must have an annual sanitation inspection with a written report by a local or state sanita-
tion
anitation official. The home must make any corrections and must comply with any restrictions stated in
the report.
2. The home must keep the home, yard, and equipment cleaned, repaired, and maintained to protect the
health of the children.
3. The home must have adequate light, ventilation, and heat.
4. The home must have an adequate supply of water meeting the standards of the lbxas Department of
Health for drinking water. If possible, the source of water must be a public drinking water system.
Section 4000
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5. The home must ensure that drinking water is always available to children. The home must supply
the water in a safe and sanitary manner.
6. The home must ensure that the temperature of hot water available to children is controlled by a
thermostat so the water cannot scald Ino higher than 120 degrees Fahrenheit).
7. The home must have adequate and safe flush toilets and sewage systems. If possible, the home must
be connected to a public sewage system. If public sewers are not available, the home must have
treatment facilities that meet the standards of the Texas Department of Health and that are
approved by the local health authority.
8. The home must keep all garbage in containers with tight lids. Garbage must be kept away from
areas used by children. The home must remove garbage from the house daily and from the yard at
least once a week.
9. The home must take measures to keep the home free of insects and rodents.
10. Staff and children must wash their hands with soap and running water after using the toilet and
before eating. Staff must wash hands with soap and running water before and after changing a dia-
per, assisting a child with toileting, feeding a child, handling food, and caring for a child with symp-
toms of a communicable disease.
11. If children use washcloths or cloth towels, the home must ensure that each child has a clean individ-
ual cloth. If paper towels or facial tissues are furnished, the home must provide a clean individual
paper towel for each child.
4300 081.616) Safety
1. The home must keep the home, yard, and equipment repaired and maintained to protect the safety of
children.
a. The home must have child -proof covers or safety outlets on electrical outlets accessible to children
younger than 5 years old. If 220 -volt electrical connections are within the children's reach, the
owner must cover them with a screen or guard.
b. The home's air conditioners, electric fans, and heaters must be mounted out of children's reach or
have safeguards that keep children from being injured.
c. The home must equip stairs, porches, and platforms more than 2 feet above the ground with rail-
ings the children can reach.
Section 4000
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DHR 5-85
d. The home must keep its play area free from standing water and sharp objects. The home must
keep tanks, ponds, open wells, drainage ditches, sewage pipes, dangerous machinery, and other
hazards fenced to keep the children out. The home must not have garbage cans or highly flamma-
ble material in the play area. Covered trash cans are permitted (see Glossary).
2. Indoor and outdoor equipment and supplies used both at and away from the home must be safe for
the children.
a. Outdoor play equipment must be placed away from busy areas in the yard and securely anchored
unless portable by design.
b. The home must not allow toys that explode (such as caps) or that shoot things (such as darts or
BBs).
c. The home must ensure that both indoors and outdoors children do not have access to toxic sub-
stances.
d. All swing seats must be constructed of durable, lightweight, relatively pliable material, such as
rubber or nylon webbing.
e. All heavy equipment must be installed in a manner to prevent tipping over or collapsing.
L The home must not allow children to use
(1) climbing equipment or swings on concrete or asphalt, or
(2) swings with concrete or asphalt in the fall zone (see Glossary).
g. The home must ensure that no equipment has openings or angles that could entrap (see Glossary)
a child's head.
h. The home must ensure that no pinch, crush, or shear points are on equipment (such as exposed or
open gears on rotating devices) or underneath equipment (such as axle assemblies on rotating
devices).
3. The home must have first aid supplies (see Glossary) readily available to staff in a designated location
out of the children's reach. The director must make a guide to first aid and emergency care immedi-
ately accessible.
Section 5000
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DHR 5-85
PHYSICAL HEALTH
5100 081.617) Health Requirements for Children
1. The home must have on file within one week of admission evidence that each preschool child is physi-
cally able to take part in the program. Any of the following constitutes compliance:
a. a written statement from a licensed physician who has examined the child within the past year;
b. a copy of the medical screening form of the Early and Periodic Screening, Diagnosis and Treat-
ment (EPSDT) Program if no referral for further diagnosis and treatment is indicated;
c. a form or written statement from a health service or clinic, such as
(1) Head Start physical exam,
(2) well-child conferences or clinics,
(3) maternity and infant programs, or
(4) children and youth programs; or
d. a signed statement from the parent
(1) giving the name and address of a licensed physician who has examined the child within the
past year and states that the child is able to participate in the program. This must be followed
within 12 months by a document as described in a, b, or c; or
(2) giving the name and address of the physician with whom an appointment for examination has
been made or the address of the EPSDT screening site where the examination will take place.
Following the examination, the parent must submit a document as described in a, b, or c; or
(3) stating that medical diagnosis and treatment are against the parent's religion.
2. The home must keep current immunization records for each child. (See Appendix III for immuniza-
tion requirements.) The home must ensure that each child's immunization record includes the child's
birth date, the number of doses and type, and the dates (month, day, and year) the child received each
immunization. The home's compliance with the standard is measured by one or more of the following
for each child in care:
a. a dated record that the child has been immunized against diphtheria, tetanus, pertussis, polio,
measles, mumps, and rubella. There must be
(1) a record with a rubber stamp or signature of the physician or health personnel, or
Section 5000
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DHR 5-85
(2) a machine or handwritten copy of the immunization record. Staff copying the information
must sign the handwritten copies.
b. a dated statement from a licensed physician or other authorized health personnel that immuniza-
tions against at least one of the diseases in standard 5100, 2.a. have begun. The immunization
cycle must be completed as soon as is medically feasible. The home must have a current immuniza-
tion record on file.
c. a certificate signed by a licensed physician stating that the required immunization would be injuri-
ous to the health and well-being of the child or a member of the child's family or household.
d. an affidavit (notarized statement) signed by the parent that the immunization conflicts with the
parent's religious beliefs and practices.
e. a dated statement signed by the parent that the child's immunization record is current and is on
file at a school the child attends. The parent must include the name of the school in the statement.
3. The home must have a record showing that the child has been tested for tuberculosis according to rec-
ommendations of the Texas Department of Health if the local health authorities or the regional office
of the lbxas Department of Health recommends a test.
A dated statement signed by the parent that the child's tuberculosis test record is current and is on file
at a school the child attends also complies. The parent must include the name of the school in the state-
ment.
5200 081.618) Illness or Injury
1. A child who appears ill must not be admitted to the home unless approved in writing by health per-
sonnel (see Glossary).
2. The director must handle illness or injury to protect the health of all children in the home.
a. The home must provide an ill or injured child with a bed, cot, or mat away from the other children.
The home must call the child's parent immediately. The child must be supervised until he leaves
the home.
b. The home must plan how it would provide emergency care for an injured child, a child with symp-
toms of acute illness, and a child who is choldng or not breathing. The planning must include the
continued supervision of other children in care.
Section 5000
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DHR 5-85
c. The home must give the child first aid or cardiopulmonary resuscitation, if needed. In the case of a
critical illness or injury, the home must call the physician named by the parent, take the child to
the nearest emergency room or minor emergency clinic, or call for an emergency vehicle.
3. The home must follow the recommendations of the Texas Department of Health concerning the
admission or readmission of any child after a communicable disease (see Appendix VI).
5300 081.619) Medications
1. If the home agrees to administer medications, the home must administer the medication to the child
as follows:
a. Prescription medications must be in the original container labeled with the child's name, a date,
directions, and the physician's name. The home must administer the medication as stated on the
label directions. The home must not administer medication after the expiration date.
b. The home must ensure that nonprescription medication is labeled with the child's name and the
date the medication was brought to the home. Nonprescription medication must be in the original
container. The home must administer it according to label directions if approved in writing by
health personnel or the child's parent (see Glossary).
c. The home must document each dose of medication administered showing the child's name; the
name of the medicine; date, time, and amount administered; and the name of the staff administer-
ing the medicine. The record must be kept for two weeks.
2. The home must keep medications out of children's reach or in locked storage.
3. The home must keep medications requiring refrigeration separate from food.
4. The home must return medications when no longer needed to the child's parent. The home must dis-
pose of medications when a child withdraws from the home or when the medicine is out of date.
Section 5000
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DHR 5-85
5400 081.620) Emergency Phone Numbers
1. The home must post the following emergency telephone numbers by a telephone accessible to all
staff. This telephone must not be a pay phone.
a. Ambulance service or emergency medical services (EMS).
b. Police or sheriff's department.
c. Fire department.
d. Poison control center.
e. Local DHR children's protective services office or child abuse hotline.
L The group day care home (with address).
2. The home must keep the following telephone numbers in a place accessible to the telephone and to all
staff:
a. numbers at which parents may be reached, and
b. numbers of the physicians designated by the parents.
5500 081.621) Animals
1. The home must ensure that animals on the premises have been vaccinated according to a licensed vet-
erinarian's recommendations. The home must have documentation of vaccinations.
2. The home must keep the home and play yard free of stray animals. The home must not allow children
to play with stray animals.
Section 6000
GDCH
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DHR 5-85
FOOD SERVICE AND NUTRITION
6100 081.622) Food Service
1. The home must ensure that all food and drink served are of safe quality and are stored, prepared, dis-
tributed, and served under sanitary and safe conditions. The home must wash and sanitize food ser-
vice equipment (see Appendix VII).
2. The home must practice good hygiene when handling food. Staff with open or infected wounds must
not work in the food preparation area. No one may smoke in any of the food areas.
3. The home must discard single -service napkins, bibs, dishes, and utensils after use. Washable napkins,
bibs, and tablecloths must be cleaned after each use.
4. The home must encourage, but not force, children to eat. The home must discuss recurring eating
problems with the child's parent.
5. Cleaning supplies must be clearly marked, kept separate from food, and kept inaccessible to children.
6200 081.623) Nutrition
1. The home must ensure that food is nutritious and is served in variety and amounts adequate to
ensure growth and development (see Appendix IV for required amounts).
a. All children must have regular meals and morning and afternoon snacks.
b. The home must ensure that children in the home for six or more hours per day have available the
food necessary to meet at least one-half of their daily food needs. This does not apply to the chil-
dren arriving after the evening meal and leaving before the morning meal.
c. The home must have the written approval of a physician or a registered licensed dietician for spe-
cial or therapeutic diets.
Section 7000
GDCH
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DHR 5-85
ACTIVITIES
7100 (§81.624) Operation
1. The home must provide activities for children according to their ages, interests, and abilities. The
activities must be appropriate to each child's health, safety, and well-being. The activities also must
be flexible and promote each child's physical, emotional, social, and mental growth. These must
include a supervised rest period after the noon meal. Rest periods must not last longer than three
hours. After two hours the home must allow children who are awake to get up and take part in quiet
activities. The rest area must be adequately lighted to allow visual supervision at all times.
The home must ensure that indoor and outdoor time periods include
a. active and quiet activities,
b. opportunity for individual and group activities, and
c. outdoor time each day that weather permits.
2. The home must ensure the children's safety on field trips and excursions and during any transporta-
tion provided by or for the home. Transportation includes, but is not limited to, transportation pro-
vided between the home and the school and between the child's home and group home (see section
7700 for additional transportation standards).
a. Before taking children away from the home, the home must notify the children's parents where
and when the children will go.
b. Staff supervising children must have immediate access to emergency medical forms and emer-
gency contact information for each child in the group.
c. Staff must have a written list of the children in the group and must check the roll frequently.
d. Staff must have first aid supplies (see Glossary) available on field trips.
e. When children are on a field trip in an enclosed, controlled area, the home must maintain the staff -
child ratio as outlined in standard 2500, 1. An example would be an event planned for the group
including, but not limited to, skating, dancing, or gymnastic classes; library story time; or tours.
Section 7000
GDCH
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DHR 5-85
f. When children are on a field trip and mixing with other children or adults, the adult -child ratio
must be as follows:
Age of Youngest Child
In Group
0-23 months
2 years
3 years
4 years
5 years
6 years and
older
Maximum Number of
Children to be
Supervised by One Adult
2
6
8
9
11
12
Examples of this situation would be trips to shopping centers, amusement parks, and the circus or other
activities in areas open to the general public.
(1) The number of regular staff supervising this type of field trip must be at least equal to the
number required by standard 2500, 1. The number may be supplemented by parents or volun-
teers trained in the home's field trip procedures.
(2) Children must have name tags or other identification listing the name and phone number of
the home.
g. Staff supervising a field trip must have transportation or a plan for transportation at the field trip
location in case of emergency.
7200 (§81.625) Discipline and Guidance
1. The home must ensure that discipline and guidance are consistent, are based on an understanding of
individual needs and development, and promote self-discipline and acceptable behavior.
2. There must be no cruel, harsh, or unusual punishment or treatment.
a. The home must not shake, bite, or hit the children. No child under 5 years old must ever be
spanked. The home must not put anything in or on a child's mouth as punishment.
b. If the owner believes that it is necessary to spank children who have passed their fifth birthday,
the home must have a statement on file that it is the home's policy to permit physical punishment.
The statement of the rules concerning the administration of physical punishment must include
that spanking be done only with a staff's open hand on a child's buttocks. Each incident must be
documented in the home's records. The home must inform the parents in writing of the policy and
must have the parents' signed approval (see Appendix V for alternative methods of discipline).
Section 7000
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DHR 5-85
c. The home may use brief, supervised separation from the group if necessary, but the home must
not place children in a locked room or in a dark room with the door closed.
d. The home must not humiliate or subject children to abusive or profane language. It must not
associate punishment with food, naps, or toilet training. The home must ensure that bed wetters
are not shamed or punished.
7300 081.626) Infant and Toddler Care
1. The home must provide infants with an indoor and outdoor environment that is safe and physically,
mentally, emotionally, and socially stimulating.
2. An infant who is not yet climbing must have an individual crib with a waterproof mattress covered
by a clean crib sheet. A mobile infant may sleep on a low cot or mat.
3. Staff must talk to, hold, and play with the infants.
4. The home must allow each infant to explore outside the crib or playpen each morning and afternoon.
5. Infants, while awake, may remain in their cribs for up to one hour as long as they stay content and
responsive.
6. The home must ensure bottles are clearly marked with the child's name.
7. The home must ensure that infants up to 6 months old are held while being bottle fed. Infants over 6
months must be held, if needed. Bottles must never be propped. The child or an adult must hold the
bottle.
8. The home must ensure that an infant not yet ready for table food is fed an infant formula or diet
approved in writing by the child's physician or parent. The home must obtain feeding instructions,
dated and signed by the parent, and updated as changes are made.
9. Infants no longer being held for feeding must be fed in a manner that ensures their safety and com-
fort.
10. The home must promptly change soiled or wet diapers and other clothing in a sanitary and safe man-
ner.
a. The home must place the child on a clean, washable surface disinfected after each use. The home
may also use a surface with a clean, disposable covering that is changed after each use.
b. The home must use individual washcloths and towels or disposable towelettes to thoroughly
cleanse and dry the child at each diaper change.
c. The home must place all used diapers in a moisture -proof bag or store them in a covered container
which is cleaned daily.
Section 7000
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DHR 5-85
7400 081.627) Children with Need for Special Care
The home must ensure that children who need special care at the home because of disabling or limiting
conditions are given the care and activities qualified psychologists, physicians, or other experts recom-
mend.
7500 081.628) Night Care
1. A home offering night care must comply with any applicable fire and safety requirements for this
type of care.
2. The home must have visible exits. This may be provided by exit lights or by lighted exits.
3. Staff must be awake at all times. The home must ensure that activities and routines meet the unique
needs of children in night care.
4. The home must ensure that each child in night care, including a school-age child, has a bed, cot, or
mat that complies with standard 3200, 2.
7600 081.629) Water Activities
1. When a home uses a splashing or a wading pool with less than 2 feet of water, the following apply:
a. The home must meet the staff -child ratio for wading-
Age
ading
Age of Youngest Number of Maximum Number
Child in Group Staff of Children
6 months -23 months 2 6
2 years 2 11
3 years 2 12
4 years and older 1 12
b. When a child under 4 years old is in the water, two staff members must supervise.
c. When the pool is not in use, the home must keep it out of the children's reach. Pools that can be
drained must be drained; those that cannot must meet the requirement in standard 7600, 2.a.
2. When the home uses a swimming pool (more than 2 feet of water), the following apply:
a. At the home, the pool must be enclosed by a fence at least 6 feet high and built so children cannot
easily climb over it. The home must keep the gate locked when the pool is not in use.
Section 7000
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DHR 5-85
b. One lifesaving device must be available for each 2,000 square feet of water surface with a mini-
mum of two for each pool.
c. A certified lifeguard must be on duty at all times. This person must not be counted in the staff -
child ratio if people other than the children from the home are swimming.
d. Staff must be able to see clearly all parts of the pool, including the bottom.
3. The home must ensure that all drain grates are in place, are in good repair, and cannot be removed
without using tools.
4. The staff -child ratio for swimming is as follows:
Age of Youngest Number of Maximum Number
Child in Group Staff of Children
6 months - 23 months 1 1
2 years 1 6
3 years 1 8
4 years and older 1 12
a. The number of regalar staff supervising swimming activities must be at least equal to the number
required in standard 2500, 1. The number may be supplemented by parents or volunteers trained
in the home's procedures for supervising swimming.
b. Adults included in the staff -child ratio for swimming must be able to swim and must constantly
supervise the swimming activity..
c. When four or more children are swimming, two adults must be present.
5. When children are in a pool that has a pump and filtering system, an adult who is able to turn off the
system immediately must be present.
6. The home must ensure that pool chemicals are inaccessible to children and that machinery rooms are
locked.
7. All pools the home uses must be maintained as stated in the standards of the Texas Department of
Health and local regulations.
Section 7000
GDCH
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DHR 5-85
7700 (§81.630) Transportation
1. Effective July 1, 1985, if a home provides transportation, each child being transported must ride in
an infant carrier, a child seat, or a seat belt, as appropriate to the child's age and size.
This requirement applies to all transportation including, but not limited to, transportation to and
from the home, to and from school, and on field trips.
This requirement applies to any vehicle used by or for the home to provide transportation, regardless
of whether owned by the home and regardless of the type of vehicle - automobile, van, school bus, or
other.
a. Appropriateness is determined as follows:
(1) The home must ensure that an infant who cannot sit up without support is properly restrained
in a dynamically crash -tested infant carrier designed as a child passenger restraint device and
manufactured according to federal standards. The carrier must be placed in a semi -reclining
position facing the back of the car. The carrier must be held in the seat by the standard fixed
seat belt.
(2) The home must ensure that each child under age 2 who can sit alone is properly seated in a
child seat that is a dynamically crash -tested child passenger restraint device manufactured
according to federal standards.
(3) The home must ensure that each child age 2 and older rides in either a child seat that is a
dynamically crash -tested child passenger restraint device manufactured according to federal
standards or in a seat belt. Only one person may use each seat belt.
(4) A child may ride in a shoulder harness and seat belt if the shoulder harness goes across the
child's chest and not across the child's face or neck.
Section 7000
GDCH
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DHR 5-85
b. The home must properly anchor each restraint device and use the device according to the manu-
facturer's specifications.
c. If a parent provides equipment for the home to use for transporting the child, the equipment must
meet the specifications stated in this standard.
2. Effective July 1, 1985, the driver and all adult passengers in a vehicle transporting children must be
properly restrained by a seat belt when the vehicle is in motion.
3. The home must load and unload children at the curb side of the vehicle or in a protected parking area
or driveway. The home must ensure that children do not cross a street unsupervised after leaving a
vehicle.
4. The home must keep first aid supplies (see Glossary) in all the home's vehicles transporting children.
5. The home must equip the home's vehicles used for transporting children with a minimum of one 6 -BC
portable fire extinguisher. The fire extinguisher must be installed in the passenger compartment of
the vehicle and must be accessible to the adult occupants.
6. The staff -child ratio for transportation of children must be met.
a. One adult must be present for each group of four children under 2 years old.
b. For children age 2 or older, the staff -child ratio is established by any of the options outlined in
standard 2500, 1 or 2.
Glossary
GDCH
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DHR 5-85
GLOSSARY
( 81.632) Glossary
Abuse — Nonaccidental infliction or threat of infliction of physical, emotional, or mental harm to a child.
Activity Space — Area or rooms used for children's activity.
Admission — The process of accepting a child for care. The date of admission is the first day on which the
child is actually in care in the home.
Adult — A person 18 years old or older.
Application — The form the department furnishes to gather information about and to document the intent
of the owner to set up a group day care home. The application also includes all material required to be sub-
mitted to the department.
Attendance — Children actually present in the home at any given time. (Not to be confused with enroll-
ment.)
Child — A person who has not reached his eighteenth birthday.
Child Development Associate Credential — A credential which is highly desirable for staff working directly
with young children; based on assessed competency in several areas of child care and child development.
Child development training is available in the public community and junior college system as well as in
four-year colleges, either in regular child development, vocational programs, or through adult continuing
education courses.
Children with Need for Special Care — Children with disabling or limiting conditions which prevent or limit
participation in the normal activities of the home and which may require additional supervision. Disabling
or limiting conditions include visual impairment or deafness, other physical disabilities, mental retardation,
emotional disturbance, or learning disabilities.
Consultation Services for Children with Need for Special Care — Qualified consultants include psychologists,
special education counselors, educational diagnosticians, special education supervisors, teachers certified
by the Texas Education Agency to teach mentally retarded or emotionally disturbed children, pediatri-
cians, licensed registered nurses, child psychiatrists, and MSW social workers skilled in assessing normal
and unusual developmental problems in children.
Such consultants may be found in state homes and hospitals, MHMR centers, human development cen-
ters, public school special education departments, university psychology or special education departments,
and the state listing of certified psychologists. (Copies of "Roster -Texas State Board of Examiners of Psy-
chologists" can be found in local DHR offices or can be ordered from the state office Business Management
Bureau.)
Day Care — The care, supervision, and guidance of a child or children unaccompanied by a parent, guard-
ian, or custodian on a regular basis, for a period of less than 24 hours per day, and in a place other than the
child's or children's own home or homes.
Department (DHR) — Used in this document to refer only to the Texas Department of Human Resources.
Glossary
GDCH
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DHR 5-85
Direct Child Care — The supervision, guidance, and care of children as compared to food service, janitorial
functions, or administrative functions.
Director — That person the owner designates to assume daily on-site responsibility for the operation of a
group day care home, including maintenance of minimum standards. In multiple facilities under a chief
administrative officer, the owner of a group day care home is usually the director.
Entrapping Equipment — A component or group of components on play equipment that forms angles or
openings that could trap a child's head by being (1)too small to allow the child to withdraw his head easily,
and (2) placed so that the child would be unable to support his weight by means other than his head or neck.
Equipment and Materials — Include, but are not limited to, those used for arts and crafts; building; reading
and language; play acting, including dolls; large muscle activities (climbing, running, jumping); and manip-
ulative activities (those done with the hands).
Fall Zone — An area extending 4 feet from climbing structures; 5 feet from the bottom of a slide (other
parts of the slide are climbing structures); 7 feet plus the length of a swing's chain from the point of its sus-
pension; and 7 feet from a merry-go-round or other revolving devices.
First Aid Supplies — Required supplies include multi -size adhesive bandages, gauze pads, tweezers, cotton
balls, hydrogen peroxide, syrup of ipecac, and a thermometer.
Food Service — The preparation or serving of meals or snacks.
Garbage — Waste food or items which, when deteriorating, cause offensive odors and attract rodents,
insects, and the like.
Group Child Care — Care for seven or more children when at least one of the children is not related to the
caregiver.
Handwashing — Rubbing hands together with soap under running water.
Health Personnel — A licensed physician, a licensed registered nurse, or a person providing preventive,
diagnostic, or therapeutic medical care to individuals in the community.
Infant — A child younger than 18 months old.
License — A complete document issued to the owner of a group day care home authorizing the licensee to
operate at a specified location according to the provisions of the license, the law, and the rules and regula-
tions of the Texas Department of Human Resources.
Neglect — Nonaccidental failure or threatened failure to provide a child with the physical and emotional
requirements for life, growth, and development.
Night Care — Care given to children who are starting or continuing their night sleep or to children who
spend the night at the home.
Glossary
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DHR 5-85
Parent — Used in this document to refer to parent, legal guardian, or managing conservator.
Probation — A sanction placed on a home instead of revocation. Under probation, the home may remain
open and continue to provide care.
Provisional License — A license the department issues to a home whose plans meet the department require-
ments but which is (1) not currently operating, (2) not licensed for the location stated in the application, or
(3) changing ownership.
Sanitary Sleeping Furnishings — Linens which have been laundered since a different person slept on them
and after being soiled.
School-age Care — Care offered to children between the ages of 5 (before September of that school year)
and 18.
Sexual Abuse or Sexual Molestation — Any sexually oriented act or practice involving staff or another adult
and a child in care. Examples include, but are not limited to fondling, sexual intercourse, sexual stimula-
tion, sodomy, incest, rape, and using a child in sexually explicit films or pictures.
Staff — Any person responsible for working in contact with children whether paid or unpaid.
Supervision — Care for a child or group of children. This includes awareness of and responsibility for the
ongoing activity of each child. It requires physical presence, knowledge of activity requirements and chil-
dren's needs, and accountability for their care. This includes staff being near enough to children to inter-
vene when needed.
Raining — Time spent in workshops; conferences of child care, early childhood, or educational associa-
tions; formal schooling; self -instructional material; or planned learning opportunities provided by director,
other staff, or consultants. Training must be in subject areas such as child care, child development, and
early childhood education. Training for directors may also be in supervision of staff or program administra-
tion.
Rash/Litter — Paper products, plastic, cloth, and the like.
Water Activities — Related to the use of splashing pools, wading pools, swimming pools, or other bodies of
water.
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INTRODUCTION
The Child Care Licensing Act of 1975, formerly
Texas Revised Civil Statues Annotated, Article 695a-
3, is now Chapter 42 of the Human Resources Code.
The correct citation is Human Resources Code, Chap-
ter 42.
CHAPTER 42, REGULATION OF CHILD-CARE FACILITIES
SUBCHAPTER A.
Sec. 42.043.
RULES FOR IMMUNIZATIONS
GENERAL PROVISIONS
Sec. 42.044.
INSPECTIONS
Sec. 42.045.
RECORDS
Sec. 42.001. PURPOSE
Sec. 42.046.
LICENSE APPLICATION
Sec. 42.001. DEFINITIONS
Sec. 42.047.
CONSULTATIONS
Sec. 42.048.
ADVISORY OPINIONS
(Sections 42.003-42.020
Sec. 42.049.
LICENSING
reserved for expansion)
Sec. 42.050.
LICENSE RENEWAL
Sec. 42.051.
PROVISIONAL LICENSE
Sec. 42.052.
CERTIFICATION AND
SUBCHAPTER B.
REGISTRATION
ADMINISTRATIVE PROVISIONS
Sec. 42.053.
AGENCY HOMES
Sec. 42.021. DIVISION DESIGNATED
Sec. 42.022. STATE ADVISORY COMMITTEE
Sec. 42.023. ANNUAL REPORT
Sec. 42.024. ADMINISTRATIVE PROCEDURE
(Sections 42.025-42.040
reserved for expansion)
SUBCHAPTER C. REGULATION OF
CHILD-CARE FACILITIES
Sec. 42.041. REQUIRED LICENSE
Sec. 42.042. RULES AND STANDARDS
(Sections 42.054-42.070
reserved for expansion)
SUBCHAPTER D. REMEDIES
Sec. 42.071. LICENSE SUSPENSION AND
PROBATION
Sec. 42.072. LICENSE DENIAL OR REVOCA-
TION
Sec. 42.073. CLOSING A FACILITY
Sec. 42.074. INJUNCTIVE RELIEF
Sec. 42.075. CIVIL PENALTY
Sec. 42.076. CRIMINAL PENALTIES
.. __ - . . .-.. — - ___j
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SUBCHAPTER A. GENERAL PROVISIONS
Sec. 42.001. PURPOSE. The purpose of this chap-
ter is to protect the health, safety, and wellbeing of the
children of the state who reside in childcare facilities
by establishing statewide minimum standards for their
safety and protection and by regulating the facilities
through a licensing program. It is the policy of the
state to ensure the protection of all children under care
in child-care facilities and to encourage and assist in
the improvement of childcare programs. It is also the
intent of the legislature that freedom of religion of all
citizens is inviolate, and nothing in this chapter gives a
governmental agency authority to regulate, control,
supervise, or in any way be involved in the form, man-
ner, or content of religious instruction or the curricu-
lum of a school sponsored by a religious organization.
Sec. 42.002. DEFINITIONS. In this chapter:
(1) "Child" means a person under 18 years of age.
(2) "Division" means the division designated by the
department to carry out the provisions of this chapter.
(3) "Child-care facility" means a facility that provides
care, training, education, custody, treatment, or super-
vision for a child who is not related by blood, marriage,
or adoption to the owner or operator of the facility, for
all or part of the 24-hour day, whether or not the facil-
ity is operated for profit or charges for the services it
offers.
(4) "Child-care institution" means a child-care facility
that provides care for more than 12 children for 24
hours a day, including facilities known as children's
homes, halfway houses, residential treatment camps,
emergency shelters, and training or correctional
schools for children.
(5) "Foster group home" means a facility that pro-
vides care for 7 to 12 children for 24 hours a day.
(6) "Foster family home" means a facility that pro-
vides care for not more than six children for 24 hours a
day.
(7) "Day-care center" means a facility that provides
care for more than 12 children under 14 years of age
for less than 24 hours a day.
(8) "Group day-care home" means a facility that pro-
vides care for 7 to 12 children under 14 years of age for
less than 24 hours a day.
(9) "Registered family home" means a facility that
regularly provides care in the caretaker's own resi-
dence for not more than six children under 14 years of
age, excluding the caretaker's own children, and that
provides care after school hours for not more than six
additional elementary school siblings of the other chil-
dren given care, but the total number of children,
including the caretaker's own, does not exceed 12 at
any given time.
(10) "Family day home" means a facility that pro-
vides care for not more than six children under 14
years of age for less than 24 hours a day not in the
caretaker's own residence nor in the residence of one
or more of the children.
(11) "Agency home" means a private home that pro-
vides care for not more than six children, that is used
only by a licensed child -placing agency, and that meets
division standards.
(12) "Child -placing agency" means a person other
than the natural parents or guardian of a child who
plans for the placement of or places a child in an insti-
tution, agency home, or adoptive home.
(13) "Facilities" includes child-care facilities and
child -placing agencies.
(14) "State of Texas" or "state" does not include polit-
ical subdivisions of the state.
(Sections 42.003-42.020
reserved for expansion)
SUBCHAPTER B.
ADMINISTRATIVE PROVISIONS
Sec. 42.021. DIVISION DESIGNATED. (a) The
department shall designate a division within the
department to regulate and license child-care facilities
and child -placing agencies. The division shall enforce
the provisions of this chapter and the rules and stand-
ards adopted by the department under this chapter and
shall carry out other responsibilities the department
may delegate or assign.
(b) The commissioner of the department shall
appoint as director of the division a person who:
(1) meets the qualifications required of a childcare
administrator by Chapter 43 of this code;
(2) holds a graduate degree in social science or law
and has five years' administrative experience in a field
related to child care; or
(3) has 10 years' experience in a field related to
child care, at least 5 of which must be administrative.
(c) The department shall employ sufficient person-
nel and provide training for the personnel to carry out
the provisions of this chapter.
(d) The director may divide the state into regions for
the purpose of administering this chapter.
Sec. 42.022. STATE ADVISORY COMMITTEE. (a)
The State Advisory Committee on Child-care Facili-
ties is composed of 15 citizens of this state appointed
by the commissioner.
(b) Members of the committee serve for terms of two
years.
(c) The members must represent the following
groups:
(1)parents, guardians, or custodians of children
who use the facilities;
(2) child advocacy groups;
(3) operators of the facilities; and
(4) experts in various professional fields that are
relevant to child care and development.
(d) At least three members of the division staff shall
meet with the committee, and the division shall pro-
vide staff necessary for the committee.
(e) The committee shall review rules and minimum
standards for child-care facilities and child -placing
agencies promulgated by state agencies, and shall
advise the department, the division, the council, and
state agencies on problems of childcare facilities and
child -placing agencies.
(f) The committee shall receive and review the
annual report of the division.
(g) The committee shall meet twice a year, and the
members shall receive their actual travel expenses and
the state per diem.
Sec. 42.023. ANNUAL REPORT. (a) The division
shall send an annual report of its activities to the gov-
ernor, lieutenant governor, and members of the legisla-
ture.
(b) The annual report shall include:
(1) a report by regions of applications for licensure
or certification, of provisional licenses issued, denied,
or revoked, of emergency closures and injunctions,
and of the compliance of state -operated agencies with
certification requirements;
(2) a summary of the amount and kind -of inservice
training and other professional development opportu-
nities provided for division staff;
(3) a summary of training and other professional
development opportunities offered to facilities' staffs;
and
(4)a report of new administrative procedures, of
the number of staff and staff changes, and of plans for
the coming year.
(c) Copies of the annual report shall be available to
any state citizen on request.
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Sec. 42.024. ADMINISTRATIVE PROCEDURE. The
Administrative Procedure and Texas Register Act
(Article 6252-13a, Vernon's Texas Civil Statutes)
applies to all procedures under this chapter except
where it is contrary to or inconsistent with the provi-
sions of this chapter.
(Sections 42.025-42.040
reserved for expansion)
SUBCHAPTER C. REGULATION OF
CHILD-CARE FACILITIES
Sec. 42.041. REQUIRED LICENSE. (a) No person
may operate a child-care facility or child -placing
agency without a license issued by the division.
(b) This section does not apply to:
(1) a state -operated facility;
(2) an agency home;
(3) a facility that is operated in connection with a
shopping center, business, religious organization, or
establishment where children are cared for during
short periods while parents or persons responsible for
the children are attending religious services, shopping,
or engaging in other activities on or near the premises,
including but not limited to retreats or classes for reli-
gious instruction;
(4) a school or class for religious instruction that
does not last longer than two weeks and is conducted
by a religious organization during the summer months;
(5) a youth camp licensed by the Texas Depart-
ment of Health;
(6) a hospital licensed by the Texas Department of
Mental Health and Mental Retardation or the Texas
Department of Health;
(7) an educational facility accredited by the Cen-
tral Education Agency or the Southern Association of
Colleges and Schools that operates primarily for edu-
cational purposes in grades kindergarten and above;
(8) an educational facility that operates solely for
educational purposes in grades kindergarten through
at least grade two, that does not provide custodial care
for more than one hour during the hours before or after
the customary school day, and that is a member of an
organization that promulgates, publishes, and requires
compliance with health, safety, fire, and sanitation
standards equal to standards required by state, munici-
pal, and county codes;
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DHR 5-85
(9) a kindergarten or preschool educational pro-
gram that is operated as part of a public school or a pri-
vate school accredited by the Central Education
Agency, that offers educational programs through
grade six, and that does not provide custodial care dur-
ing the hours before or after the customary school day;
and
(10) a registered family home.
(11) an educational facility that is integral to and
inseparable from its sponsoring religious organization
or an educational facility both of which do not provide
custodial care for more than two hours maximum per
day, and that offers educational programs for children
age five and above in one or more of the following: kin-
dergarten through at least grade three, elementary, or
secondary grades.
(c) A single license that lists addresses and the
appropriate facilities may be issued to a child-care
institution that operates noncontiguous facilities that
are nearby and that are demonstrably a single opera-
tion as indicated by patterns of staffing, finance,
administrative supervision, and programs.
(d) A person operating or desiring to operate a child-
care facility that is exempt from the provisions of Sub-
section (a) of this section may apply to the division for
a license as provided in Section 42.046 of this code
The division may not deny an exempt facility a license
on the ground that it is exempt from Subsection (a) of
this section. A facility exempt from the provisions of
Subsection (a) of this section that desires to receive or
participate in federal or state funding shall be required
to comply with all other provisions of this Act and with
all regulations promulgated thereunder.
(e) The exemptions provided by Subsection (b) of
this section do not affect the authority of local,
regional, or state health department officials, the state
fire marshal, or local fire prevention officials to inspect
child-care facilities.
Sec. 42.042. RULES AND STANDARDS. (a) The
department shall make rules to carry out the provi-
sions of this chapter.
(b) The department shall conduct a comprehensive
review of all rules and standards at least every six
years.
(c) The department shall provide a standard proce-
dure for receiving and recording complaints and a
standard form for recording complaints.
(d) The department shall provide standard forms for
applications and inspection reports.
(e) The department shall promulgate minimum stan-
dards for child-care facilities covered by this
chapter that will:
(1) promote the health, safety, and welfare of chil-
dren attending a facility;
(2) promote safe, comfortable, and healthy physi-
cal facilities for children;
(3) ensure adequate supervision of children by
capable, qualified, and healthy personnel;
(4) ensure adequate and healthy food service
where food service is offered;
(5) prohibit racial discrimination by child-care
facilities; and
(6) require procedures for parental and guardian
consultation in the formulation of children's educa-
tional and therapeutic programs.
(f) In promulgating minimum standards for childcare
facilities, the department shall recognize the various
categories of facilities, including facilities offering spe-
cialized care, and the various categories of children
and their particular needs. Standards for child-care
institutions must require an intake study before a child
is placed in an institution. The intake study may be
conducted at a community mental health and mental
retardation center.
(g) In promulgating minimum standards, the depart-
ment may recognize and treat differently the following
child-care facilities: child -caring institutions, foster
homes, day-care centers, group daycare homes, family
day homes, registered family homes, and agency
homes.
(h) The department shall promulgate minimum
standards for child -placing agencies.
(i) Before adopting minimum standards, the division
shall present the proposed standards to the State Advi-
sory Committee on Child -Care Facilities for review
and comment, and shall send a copy of the proposed
standards to each licensee covered by the proposed
standards at least 60 days before the standards take
effect to provide the licensee an opportunity to review
and to send written suggestions to the council and the
department.
6) The department may waive compliance with a
minimum standard in a specific instance if it deter-
mines that the economic impact of compliance is suffi-
ciently great to make compliance impractical.
(k) The department may not regulate or attempt to
regulate or control the content or method of any orga-
nization or curriculum of a school sponsored by a reli-
gious organization.
Sec. 42.043. RULES FOR IMMUNIZATIONS.
(a) The department shall make rules for the immuniza-
tion of children admitted to facilities.
(b) The department shall require that each child at
an appropriate age have a test for tuberculosis and be
immunized against diptheria, tetanus, poliomyelitis,
rubella, and rubeola. The immunization must be effec-
tive on the date of first entry into the facility. However,
a child may be provisionally admitted if the required
immunizations have begun and are completed as rap-
idly as medically feasible.
(c) The Texas Department of Health shall make
rules for the provisional admission of children to facili-
ties and may modify or delete any of the immuniza-
tions listed in Subsection (b) of this section or require
additional immunizations as a requirement for admis-
sion to a facility.
(d) No immunization may be required for admission
to a facility if a person applying for a child's admission
submits one of the following affidavits:
(1) an affidavit signed by a licensed physician stat-
ing that the immunization would be injurious to the
health and well-being of the child or a member of the
child's family or household; or
(2) an affidavit signed by the child's parent or
guardian stating that the immunization conflicts with
the tenets and practices of a recognized religious orga-
nization of which the applicant is an adherent or a
member.
(e) Each facility shall keep an individual immuniza-
tion record for each child admitted, and the records
shall be open for inspection by the division at all rea-
sonable times.
(f) The Texas Department of Health shall provide
the immunizations required by this section to children
in areas where there is no local provision of these serv-
ices.
Sec. 42.044. INSPECTIONS. (a) An authorized rep-
resentative of the division may visit a facility during
operating hours to investigate, inspect, and evaluate.
(b) The division shall inspect all licensed or certified
facilities at least once a year and may inspect other
facilities as necessary. At least one of the annual visits
must be unannounced and all may be unannounced.
(c) The division must investigate a facility when a
complaint is received. The division representative
must notify the facility's director or authorized repre-
sentative when a complaint is being investigated and
report in writing the results of the investigation to the
director or the director's authorized representative.
(d) The division may call on political subdivisions
and governmental agencies for assistance within their
authorized fields.
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Sec. 42.045. RECORDS. (a) A person who operates
a licensed or certified facility shall maintain individual
child development records, individual health records,
statistical records, and complete financial records.
(b) A person who operates a licensed facility shall
have an annual audit by a certified public accountant
of the facility's books. A copy of the accountant's state-
ment of income and disbursements must accompany
an application for a license. This subsection does not
apply to a facility that provides care for less than 24
hours a day or to an agency home.
(c) If a child -placing agency terminates operation as
a child -placing agency, it shall, after giving notice to
the department, transfer its files and records concern-
ing adopted children, their biological families, and
their adoptive families to the department or to a facil-
ity licensed by the department to place children for
adoption.
Sec. 42.046. LICENSE APPLICATION. (a) An
applicant for a license to operate a child-care facility or
child -placing agency shall submit to the divison a com-
pleted application on a form provided by the division.
(b) The division shall supply the applicant the appli-
cation form and a copy of the appropriate minimum
standards.
(c) After receiving an application, the division
shall investigate the applicant and the plan of care
for children.
(d) The division shall complete the investigation
and decide on an application within two months
after the date the division receives an application.
Sec. 42.047. CONSULTATIONS. (a) The depart-
ment shall offer consultation to potential applicants,
applicants, and license and certification holders about
meeting and maintaining standards for licensing and
certification and achieving programs of excellence in
child care.
(b) The department shall offer consultation to pro-
spective and actual users of facilities.
Sec. 42.048. ADVISORY OPINIONS. (a) The direc-
tor of the division may give an advisory opinion on
whether or not a planned facility or a planned change
in an existing facility complies with the division's rules
and minimum standards.
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D H R 5-85
(b) A written opinion authorized by Subsection (a) of
this section is binding on the division as a declaratory
order if it is signed by the division director and the
division representative administering this chapter in a
division region, and if an applicant or license holder
has acted in reliance on the opinion.
Sec. 42.049. LICENSING. (a) The division shall
issue a license after determining that an applicant has
satisfied all requirements.
(b) When issuing a license, the division may impose
restrictions on a facility, including but not limited to
the number of children to be served and the type of
children to be served.
(c) The division may grant a variance of an individ-
ual standard set forth in the applicable standards for
good and just cause.
(d) A license holder must display a license issued
under this chapter in a prominent place at the facility.
(e) A license issued under this chapter is not trans-
ferable and applies only to the operator and facility
location stated in the license application. A change in
location or ownership automatically revokes a license.
(f) A biennial license must be issued if the division
determines that a facility meets all requirements. The
evaluation shall be based on a specified number of vis-
its to the facility and a review of all required forms and
records.
Sec. 42.050. LICENSE RENEWAL. (a) A license
holder may apply for a new license in compliance with
the requirements of this chapter and the rules promul-
gated by the division.
(b) The application for a new license must be com-
pleted and decided on by the division before the
expiration of the license under which a facility is oper-
ating.
(c) The division shall evaluate the application for a
new license to determine if all licensing requirements
are met. The evaluation must include a specified num-
ber of visits to the facility and a review of all required
visits to the facility and a review of all required forms
and records.
Sec. 42.051. PROVISIONAL LICENSE. (a) The
division shall issue a provisional license when a facili-
ty's plans meet the department's licensing require-
ments and one of the following situations exists:
(1) the facility is not currently operating;
(2) the facility is not licensed for the location
stated in the application; or
(3) there is a change in ownership of the facility.
(b) A provisional license is valid for six months from
the date it is issued and is not renewable.
Sec. 42.052. CERTIFICATION AND REGISTRA-
TION. (a) A state -operated child-care facility or child -
placing agency must receive certification of approval
from the division. The certification of approval must
be renewed every two years.
(b) To be certified, a facility must comply with the
department's rules and standards and any provisions of
this chapter that apply to a licensed facility of the same
category. The operator of a certified facility must dis-
play the certification in a prominent place at the facil-
ity.
(c) A registered family home must be registered with
the division.
(d) To be registered with the division, a registered
family must comply with the department's rules and
standards and any provision of this chapter that
applies to a registered family home.
(e) The certification requirements of this section do
not apply to a Texas Youth Council facility or a facility
providing services solely for the Texas Youth Council.
Sec. 42.053. AGENCY HOMES. (a) An agency
home is considered part of the child -placing agency
that operates the agency home for purposes of licens-
ing.
(b) The operator of a licensed agency shall display a
copy of the license in a prominent place in the agency
home used by the agency.
(c) An agency home shall comply with all provisions
of this chapter and all department rules and standards
that apply to a child-care facility caring for a similar
number of children for a similar number of hours each
day.
(d) The division shall revoke or suspend the license
of a child -placing agency if an agency home operated
by the licensed agency fails to comply with Subsection
(c) of this section.
(Sections 42.054-42.070
reserved for expansion)
SUBCHAPTER D. REMEDIES
Sec. 42.071. LICENSE SUSPENSION AND PRO-
BATION. (a) The division may suspend the license of a
facility that has temporarily ceased operation but has
definite plans for starting operations again within the
time limits of the issued license.
(b) The division may suspend a facility's license for a
definite period rather than deny or revoke the license
if the division finds repeated noncompliance with
standards that do not endanger the health and safety of
children. To qualify for license suspension under this
subsection, a facility must suspend its operations and
show that standards can be met within the suspension
period.
(c) The division may place a facility on probation for
a definite period not to extend beyond the expiration
date of the license rather than suspend or revoke the
license. The division may revoke the license of the
facility during the probationary period if the facility
does not meet the conditions of probation.
(d) The division shall revoke the license of a facility
that does not comply with standards at the end of a
license suspension or probation.
Sec. 42.072. LICENSE DENIAL OR REVOCA-
TION. (a) The division may deny or revoke the
license or certification of approval of a facility that
does not comply with the requirements of this chapter,
the standards and rules of the department, or the spe-
cific terms of the license or certification.
(b) The division shall notify the person operating or
proposing to operate a facility of the reasons for the
denial or revocation and of the person's right to appeal
the decision within 30 days after receiving the notice.
(c) A person who wishes to appeal a license denial or
revocation shall notify the director by certified mail
within 30 days after receiving the notice required in
Subsection (b) of this section. The person shall send a
copy of the notice of appeal to the assigned division
representative.
(d) Within 14 days after the date the appeal notifica-
tion was mailed, the director shall appoint an advisory
review board to hear the appeal or notify the person
requesting the appeal that the request is denied.
(e) Within 14 days after notifying a person that an
advisory review board will hear the case, the director
shall appoint five of the person's peers to the board and
set a date for the hearing. The date for the hearing
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must be within 28 days after the date the board mem-
bers are appointed.
(f) The advisory review board shall hear the appeal
and render its opinion to the director within seven days
after the last day of the hearing. The board members
shall receive actual travel expenses and the state per
diem for each day of the hearing.
(g) A committee composed of the director, the divi-
sion representative responsible for establishing stand-
ards, and the division representative administering
this chapter in the region where the facility in question
is located shall review the opinion. The committee
shall make a/ decision within 14 days after receiving
the opinion and shall notify, by certified mail, the per-
son who appealed.
(h) A person whose license has been denied or
revoked may challenge the committee's decision by fil-
ing a suit in a district court of Travis County or the
county in/ which the person's facility is located within
30 days after receiving the committee's decision. The
trial shall be de novo.
(i) Records of the department's hearing shall be kept
for one year after a committee decision is rendered. On
request, and at the person's own expense, the division
shall supply a copy of the verbatim transcript of the
advisory board hearing to a person appealing a license
denial or revocation in district court.
G) A person may continue to operate a facility during
an appeal of a license denial or revocation unless the
division has sought injunctive relief under Section
42.074 or civil penalties under Section 42.075 of this
code.
Sec. 42.073. CLOSING A FACILITY. (a) The divi-
sion may close the facility and place the children
attending the facility in another facility if the division
finds violations of this chapter or violations of the
department's rules and standards that create an imme-
diate danger for children. 11
(b) A division representative who finds conditions
described in Subsection (a) of this section shall imme-
diately notify the director and request an immediate
inspection of the facility by the director or the direc-
tor's designee.
(c) The division shall report to the governor and the
commissioner of the department when a stateoperated
facility is found in violation of this chapter or the
department's rules and standards and the violation
threatens serious harm to the children in the facility.
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(d) Closing a facility under this section is an emer-
gency measure. The division shall seek an injunction
against continued operation of the facility after closing
a facility under this section.
Sec. 42.074. INJUNCTIVE RELIEF. (a) When it
appears that a person has violated, is violating, or is
threatening to violate the licensing, certification, or
registration requirements of this chapter or the depart-
ment's licensing, certification, or registration rules and
standards, the division may file a suit in a district court
in Travis County or in the county where the facility is
located for assessment and recovery of civil penalties
under Section 42.075 of this code, for injunctive relief,
including a temporary restraining order, or for both
injunctive relief and civil penalties.
(b) The district court shall grant the injunctive relief
the facts may warrant.
(c) At the division's request, the attorney general
shall conduct a suit in the name of the State of Texas
for injunctive relief, to recover the civil penalty, or for
both injunctive relief and civil penalties as authorized
by Subsection (a) of this section.
Sec. 42.075. CIVIL PENALTY. (a) A person is sub-
ject to a civil penalty of not less than $50 nor more than
$100 for each day of violation and for each act of viola-
tion if the person:
(1) threatens serious harm to a child in a facility by
violating a provision of this chapter or a department
rule or standard;
(2) violates a provision of this chapter or a depart-
ment rule or standard three or more times within a 12 -
month period; or
(3) places a public advertisement for an unlicensed
facility.
(b) The civil penalty authorized by this section is
cumulative and in addition to the criminal penalties
and injunctive relief provided by this chapter.
Sec. 42.076. CRIMINAL PENALTIES. (a) A person
who operates a child-care facility or childplacing
agency without a license commits a Class B misde-
meanor.
(b) A person who places a public advertisement for
an unlicensed facility commits a Class C misdemeanor.
GDCH
Appendix II
Page 39
DHR 5-85
APPENDIX II
EXCERPTS FROM THE TEXAS FAMILY CODE (AMENDED)
CHAPTER 17. EMERGENCY PROCEDURES IN SUIT
BY GOVERNMENTAL ENTITY
Section 17.03. Taking Possession of a Child
Without a Court Order. (a) An authorized repre-
sentative of the Texas Department of Human
Resources, a law enforcement officer, or a juvenile
probation officer may take possession of a child
without a court order under the following conditions
and no others:
(1) upon discovery of a child in a situation of
danger to the child's physical health or safety when
the sole purpose is to deliver the child without
unnecessary delay to the parent, managing conser-
vator, possessory conservator, guardian, caretaker,
or custodian who is presently entitled to possession
of the child;
(2) upon the voluntary delivery of the child
by the parent, managing conservator, possessory
conservator, guardian, caretaker, or custodian who
is presently entitled to possession of the child;
(3) upon personal knowledge of facts which
would lead a person of ordinary prudence and cau-
tion to believe that there is an immediate danger to
the physical health or safety of the child and that
there is no time to obtain a temporary restraining
order or attachment under Section 17.02 of this
code; or
(4) upon information furnished by another
which has been corroborated by personal knowl-
edge of facts and all of which taken together would
lead a person of ordinary prudence and caution to
believe that there is an immediate danger to the
physical health or safety of the child and that there
is no time to obtain a temporary restraining order or
attachment under Section 17.02 of this code.
(See the full text of Section 17.03 for specifics on
the court hearings which follow taking possession of
a child in an emergency.)
CHAPTER 34. REPORT OF CHILD ABUSE
Section 34.01. Persons Required to Report
Section 34.011. Form
Section 34.02. Contents of Report: To Whom
Made
Section 34.03. Immunities
Section 34.04.
Privileged Communications
Section 34.05.
Investigation and Report of
Receiving Agency
Section 34.06.
Central Registry
Section 34.07.
Failure to Report: Penalty
Section 34.08.
Confidentiality
Section 34.01. Persons Required to Report. Any
person having cause to believe that a child's physical
or mental health or welfare has been or may be
adversely affected by abuse or neglect shall report
in accordance with Section 34.02 of this code.
Section 34.011. Form. The Texas Department of
Human Resources shall promulgate a form and
cause a sample to be distributed for the reporting of
suspected occurrences of child abuse as required by
Section 34.01 of this code. Copies of the form shall
be distributed to all licensed hospitals in this state to
be available for use without charge by hospital
employees, physicians, patients, and other persons.
The form shall include a statement that child abuse
reports are confidential and that information con-
tained in the reports, including the name of the per-
son making the report, may be used only for the
purposes consistent with the investigation of child
abuse. The form shall give the address of the Texas
Department of Human Resources. Hospital employ-
ees, physicians, patients, and other persons must
complete the form and return it to the Texas Depart-
ment of Human Resources.
Section 34.02. Contents of Report: To Whom
Made. (a) Nonaccusatory reports reflecting the
reporter's belief that a child has been or will be
abused or neglected, or has died of abuse or neglect,
has violated the compulsory school attendance laws
on three or more occasions, or has, on three or more
occasions, been voluntarily absent from his home
without the consent of his parent or guardian for a
substantial length of time or without the intent to
return shall be made to any local or state law
enforcement agency, and in addition shall be made
to:
(1) the Texas Department of Human
Resources; or
(2) the agency designated by the court to be
responsible for the protection of children.
GDCH
Appendix II
Page 40
D H R 5-85
(b) All reports must contain the name and
address of the child, the name and address of the
person responsible for the care of the child, if availa-
ble, and any other pertinent information.
(c) All reports received by any local or state law
enforcement agency shall be referred to the Texas
Department of Human Resources or to the agency
designated by the court to be responsible for the
protection of children. The department or desig-
nated agency immediately shall notify the appropri-
ate state or local law enforcement agency of any
report it receives, other than from a law enforce-
ment agency, that concerns the suspected abuse or
neglect of a child or death of a child from abuse or
neglect.
(d) An oral report shall be made immediately on
learning of the abuse or neglect as prescribed in
Subsection (a) of this section, and a written report
shall be made within five days to the same agency or
department. Anonymous reports, while not encour-
aged, will be received and acted on in the same man-
ner as acknowledged reports.
Section 34.03. Immunities. Any person reporting
pursuant to this chapter is immune from liability,
civil or criminal, that might otherwise be incurred or
imposed. Immunity extends to participation in any
judicial proceeding resulting from the report. Per-
sons reporting in bad faith or malice are not pro-
tected by this section.
Section 34.04. Privileged Communications. In
any proceeding regarding the abuse or neglect of a
child or the cause of any abuse or neglect, evidence
may not be excluded on the ground of privileged
communication except in the case of communica-
tions between attorney and client.
Section 34.05. Investigation and Report of
Receiving Agency. (a) The Texas Department of
Human Resources or the agency designated by the
court to be responsible for the protection of children
shall make a thorough investigation promptly after
receiving either the oral or written report. The pri-
mary purpose of the investigation shall be the pro-
tection of the child.
(b) In the investigation the department or agency
shall determine:
(1) the nature, extent, and cause of the abuse
or neglect;
(2) the identity of the person responsible for
the abuse or neglect;
(3) the names and conditions of the other chil-
dren in the home;
(4) an evaluation of the parents or persons
responsible for the care of the child;
(5) the adequacy of the home environment;
(6) the relationship of the child to the parents
or persons responsible for the care of the child;
(7) all other pertinent data.
(c) The investigation shall include a visit to the
child's home, a physical examination of all the chil-
dren in that home, and an interview with the subject
child. The investigation may include a psychological
or psychiatric examination of all the children in the
home. If admission to the home, school, or any place
where the child may be, or permission of the parents
or persons responsible for the child's care for the
physical examination cannot be obtained, then the
juvenile court, or the district court, upon cause
shown, shall order the parents or the persons
responsible for the care of the children, or the per-
son in charge of any place where the child may be,
to allow entrance for the interview, the physical
examination, and investigation. If the parents or
persons responsible for the child's care does not con-
sent to a psychological or psychiatric examination of
the child that is requested by the department or
agency, the juvenile court or district court, upon
cause shown, shall order the examination to be
made at the times and places designated by the
court. The parent or person responsible for the
child's care is entitled to notice and a hearing when
the department or agency seeks a court order to
allow a psychological or psychiatric examination.
(d) If, before the investigation is complete, the
opinion of the investigators is that immediate
removal is necessary to protect the child from fur-
ther abuse or neglect, the investigators shall file a
petition pursuant to Chapter 17 of this code for tem-
porary care and protection of the child.
(e) The agency designated by the court to be
responsible for the protection of children or the
department shall make a complete written report of
the investigation. The report, together with its rec-
ommendations, shall be submitted to the juvenile
court of the district court, the district attorney, and
the appropriate law enforcement agency if sufficient
grounds for the institution of a suit affecting the
parent-child relationship are found.
(f) On the receipt of the report and recommenda-
tion required by Subsection (e) of this section, the
court may direct the investigator to file a petition
seeking appropriate relief under Subtitle A of this
title.
GDCH
Appendix II
Page 41
DHR 5-85
Section 34.06. Central Registry. The Texas
Department of Human Resources shall establish
and maintain in Austin, Texas, a central registry of
reported cases of child abuse or neglect. The
department may adopt rules and regulations as are
necessary in carrying out the provisions of this sec-
tion. The rules shall provide for cooperation with
local child service agencies, including hospitals,
clinics, and schools, and cooperation with other
states in exchanging reports to effect a national reg-
istration system.
Section 34.07. Failure to Report: Penalty. (a) A
person commits an offense if the person has cause
to believe that a child's physical or mental health or
welfare has- been or may be further adversely
affected by abuse or neglect and knowingly fails to
report in accordance with Section 34.02 of this code.
(b) An offense under this section is a Class B
misdemeanor.
Section 34.08. Confidentiality. The reports,
records, and working papers used or developed in
an investigation made under this chapter are confi-
dential and may be disclosed only for purposes con-
sistent with the purposes of this code under
regulations adopted by the investigating agency.
Appendix III
GDCH
Page 43
D H R 5-85
APPENDIX III
CHILD CARE FACILITY
IMMUNIZATION REQUIREMENTS
Age Group Required Immunization and Number of Doses
Under 2 mos. No immunizations required.
2 mos. to 4 mos. 1 dose of oral polio vaccine (OPV).
1 dose of diphtheria -tetanus -pertussis (DTP) vaccine.
4 mos. to 6 mos. 2 doses of OPV.
2 doses of DTP vaccine.
6 mos. to 18 mos. 2 doses of OPV.
3 doses of DTP vaccine.
18 mos. to 5 yrs. 3 doses each of OPV and DTP vaccine.
1 dose each of measles', rubella', and mumps' vaccines.
5 yrs. and older 3 doses each of OPV4 and DTP' vaccine.
1 dose each of measles', rubella', and mumps' vaccines.
NOTES:
'Measles: Measles vaccine,is required for each child 18 months old or older. The vaccination date for
the measles vaccine must be during the calendar month of or after the first birthday and since January
1, 1968. A written physician -verified history of measles disease which shows the date of the illness
will substitute for the measles vaccine requirements.
'Rubella: Rubella vaccine is not required after the 12th birthday. A history of rubella illness is not
acceptable.
Appendix III
GDCH
Page 44
DHR 5-85
'Mumps: As a part of the child's immunization record, a written physician -verified history of mumps
disease which shows the date of the illness will substitute for the vaccine requirement. Effective Sep-
tember 1, 1984, children less than 13 years old are required to have received mumps vaccine or pro-
vide a written physician -verified history of mumps illness. On September 1 each following year,
children one year older must also meet this requirement. By September 1, 1990, all children through
18 years old will be included. See the table below.
Mumps Vaccine Requirements by Effective Dates for
Children 18 Months through 18 Years of Age
In Child Care Facilities
Effective Dates
September 1, 1984
September 1, 1985
September 1, 1986
September 1, 1987
September 1, 1988
September 1, 1989
September 1, 1990
Ages in Years*
Thru 12
Thru 13
Thru 14
Thru 15
Thru 16
Thru 17
Thru 18
*Ages of children in child care facilities on the effective date.
'Polio: At least three doses of oral polio vaccine (OPV) are required for all children, provided at least
one dose has been received on or after the 4th birthday. A dose of OPV given during the calendar
month before the 4th birthday will substitute for the dose on or after the 4th birthday. No further
doses of OPV are required.
Some children or students may be enrolled who have received inactivated polio vaccine (IPV). These
students are in full compliance when an initial series of four doses are completed and a booster dose
within five years of the fourth dose has been received. A booster dose is required every five years
thereafter.
'Diptheria - Tetanus - Pertussis/Tetanus - Diphtheria: DPT/TD vaccine is required for all
children. At least three doses of DTP and/or Td vaccine are required, provided at least one dose has
been received on or after the 4th birthday. A dose of DTP or Td given during the calendar month
before the 4th birthday will substitute for the dose on or after the 4th birthday.
Besides the minimum of three DTP or Td doses with one dose since the 4th birthday, children 12
years old and older must have a last dose within the past 10 years. (A Td booster is required 10 years
after the administration of the immunization that meets the requirement for the "dose since the 4th
birthday." Example: If the last dose of DTP was received at age five, the 10 -year Td booster is due at
age 15.)
'An Annual Report of the Immunization Status by age group of all children must be submitted on the
request of the Texas Department of Health.
Amounts of Foods to be Served to Meet Nutritional Needs
Kinds of Food
1. Milk or Milk Products
Milk
or
Cheese
2. Bread and Cereal Products
Bread
or
Cereal
3. Vegetables and Fruits
including 1/4 cup vitamin C -rich fruit or vegetable each day
and
1/4 cup vitamin A -rich fruit or vegetable 3 times each week
4. Protein
Meat, Fish, Poultry
(cooked)
or
Eggs
or
Cooked Dried Beans or Peas
or
Cheese
One tablespoon peanut butter can be substituted for 1 tablespoon of meat.
Appendix IV
GDCH
Page 45
DHR 5-85
Total Amount To Meet
1/2 of Daily Need
11/4 cups
2 ounces
2 slices
1 cup
3/4 cup
3 tablespoons or
1 1/2 ounces
1 egg
3/8 cup
1 1/2 ounces
Appendix IV
GDCH
Page 46
DHR 5-85
Examples of Kinds of Foods To Be Served To Meet Nutritional Needs
1) Milk or Milk Products
Milk
Whole
Low Fat
Skim
Non-fat
Dry
Buttermilk
+Double serving is required.
Cheese*
Cheddar
American
Cottageffi
Monterey Jack
Swiss
Mozzarella
Ricottaffi
*Do not count the same slice of cheese as both milk and meat.
2) Vegetables and Fruits
Food made with required
amounts of milk, such
as custards or puddings
a) Vitamin A Foods
b) Other Vegetables
c) Vitamin C Foods
VEGETABLES
VEGETABLES
FRUITS
FRUITS
Bean sprouts (mung)
Bean sprouts
Broccoli
Beans
Apples
Orange juice
Carrots
lima, green, wax,
Avocados
Oranges
Greens
pinto, kidney
Bananas
Grapefruit
chard, lambsquarter,
garbanzo, mung,
Blackberries
Grapefruit juice
chicory, dandelion,
great northern,
Blueberries
Mangos
collards, mustard
soy, navy
Cherries
Strawberries
kale, turnip
Beets
Cranberries
Tangerines
Spinach
Celery
Boysenberries
Cantaloupe
Squash, winter
Corn
Dates
Sweet potatoes
Cucumbers
Figs
VEGETABLES
Eggplant
Fruit Cocktail
Bean sprouts (mung)
FRUITS
Lettuce
Grapes
Broccoli
Mushrooms
Olives
Green peppers
Apricots
Okra
Peaches
Brussel sprouts
Cantaloupe
Onions
Pears
Cauliflower
Purple plums (canned)
Peas
Pineapple
Kohlrabi
Mangos
green, blackeye,
Plums
Greens
Persimmons
Radishes
Raspberries
lambsquarter, kale,
Prunes, dry, uncooked
Rutabaga
Raisins
spinach, mustard
Squash, summer
Rhubarb
Tomatoes
Parsnips
Watermelon
Cabbage
Juice
Potatoes
apple, grape,
pineapple,
cranberry
*Do not count the same slice of cheese as both milk and meat.
Appendix IV
GDCH
Page 47
D H R 5-85
3) Protein
Meat -canned, dried, fresh, and frozen
Beef
Lamb
Pork
Veal
Luncheon meats
Liver and
other organ meats
Chicken
Turkey
Fish/shellfish
*Cheese
Peanut butter
Eggs
Dry beans
Dry peas
Lentils
Vegetable protein
*Do not count the same slice of cheese as both milk and meat.
4) Breads and Cereals
All of the following must be enriched or whole grain
Sliced Breads
French, raisin, rye, soy, white, whole wheat
Bread sticks Rolled wheat or oats
Spaghetti
Barley
Boston brown bread Biscuits
Macaroni
Grits
Fruit breads Cornbread
Noodles
Bulgar
Crackers English muffins
Sopaipillas
Rolls
graham Soft pretzels
Pancakes
Farina
saltines Croissants
Waffles
Dumplings
soda Tortillas
Spoon bread
Hush puppies
melba toast Prepared cereals
Muffins
Rice
zweiback
Sweet rolls
Appendix IV
GDCH
Page 48
DHR 5-85
Breakfast
or
AM Snack
EXAMPLE MEAL PATTERN
The following meal pattern is an aid to menu planning. This distribution of food is
not required as long as the total required servings are met during the day.
Possible Food Choices
Milk/Milk Product
Bread/Cereal
Lunch Milk and/or Milk Product
Protein
Vegetable 1
Vegetable 2
Bread
PM Snack Fruit or Fruit Juice
Breakfast or
AM Snack
Milk
Cereal
1/2 cup
1 slice
or 1 ounce
3/4 cup
1 1/2 ounces
1/4 cup
1/4 cup
1 slice
1/4 cup
Example Menu Following Meal Pattern
Lunch
Milk
Roast Beef
New Potatoes
Spinach
Whole Wheat
Bread
PM Snack
Orange Juice
Appendix V
gDCH
Pa a 49
DHE -85
'APPENDIX\V
ALTERNATIVES TO PHYSICAL PUNISHMENT
1. Children should have good behavior recog-
nized and encouraged.
2. Children should be taught by example
through the use of fair and consistent rules. The
atmosphere should be relaxed. Discipline should be
relevant to the behavior involved.
3. Children should be supervised by people
showing an attitude of understanding and firmness.
4. Children should be given clear directions
and guidance on the child's level of understanding.
5. Children should be held firmly if their
behavior will harm themselves or others.
6. Children should be redirected by stating
alternatives when their behavior is unacceptable.
(Example: "Blocks are for building, not throwing —
try throwing this ball.')
7. Children should be helped to understand
why their conduct is unacceptable and what is
acceptable in a given situation.
Influenza 1.3 days
Rapid onset of fever, headache, sore throat,
cough
Yes When fever subsides
Yes Vaccine available, but only recommended for
children with certain chronic diseases
Measles (Rubeola) 7.14 days
Runny nose, watery eyes, fever, cough Blotchy
Appendix VI
Yes Vaccine available Report suspect cases imme-
red rash appears on 4th day
In an outbreak, unimmunized children
diately to health department or by calling the
GDCH
should also be excluded for at least 4
Texas Immunization Hot Line 1.800-252.9152
days after last case occurs
Page 51
Slight cold, swollen tender glands at back of
Yes Aller 5 days from appearance of rash.
Yes Vaccine available Report suspect cases immedi.
(Rubella)
_
neck Changeable pink rash
DHR 5-85
COMMUNICABLE
DISEASE CHART
FOR SCHOOLS AND CHILD-CARE
CENTERS
Your Health Department:
Phone:
EXCLUDE FROM
REPORTABLE
CONDITION
INCUBATION PERIOD
EARLY SIGNS OF ILLNESS
ATTENDANCE'
READMISSION CRITERIA"
DISEASE
NOTES FOR PREVENTION
Athlete's Foot
Unknown
Blisters and cracking of the skin of the feet.
No
No
Teach importance of hygienic care of feet
usually between the toes.
Chickenpox
10.21 days
Fever and rash consisting of blisters that
Yes
When all blisters have crusted over
Yes
No vaccine available.
may appear first on head. then spread to body
(but not longer than 1 week alter onset
Usually 2 or 3 crops of new blisters that heal
of rash)
leaving scabs
Common Cold
13 days
Runny nose, watery eyes. general tired feeling
No, unless fever is
When fever subsides
No
Teach importance of washing hands and covering
present (See Fever)
mouth when coughing or sneezing
Diphtheria
2-5 days
Sore throat and fever, rapidly progressing to
Yes
See Footnote 2(A B)
Yes
Vaccine available If you suspect this disease,
difficulty breathing and swallowing.
immediately consult a physician
Fever
Oral temperature of 30*C (100.4 •F) or greater
Yes
When fever subsides
No
Gastroenteritis.
Variable, usually 2.7 days
Stomachache, nausea, diarrhea (6 or more
Yes
When diarrhea subsides
No
Teach importance of hand washing Adult should
Viral
watery loose stools per day)
supervise hand washing of preschool -age
children
Giardiasis
4.14 days
Gradual onset of stomachache, bloating, and
No
No
Treatment is recommended. Teach importance of
diarrhea May recur several times over a period
hand washing Can spread quickly in child-care
of weeks
centers
Gonorrhea
3-5 days
Mala— urethral discharge ("tlnp")with burning
No
Yes
Teach junior and senior high school students
on urination
about sexually transmitted diseases Report
Female — May have no symptoms or may have
suspected cases to health department or by
vaginal discharge and abdominal pain.
00
calling the VD Hot Line 1.8227.8922
especially with menses
Head Lice
Eggs hatch in 7.10 days
Itching and scratching of scalp Pinpoint white
Yes
When one medicated shampoo or
No
Second shampoo or lotion treatment in 7.10days
(Pediculosis)
eggs (nits) on head that will not flick off
lotion treatment has been given
is recommended Teach importance of nal
sharing combs, hats, and coals
Hepatitis, Viral,
15.50 days, average 28 days
Gradual onset of slight fever, tired feeling,
Yes
After 1 week from onset of illness
Yes
Teach importance of hand washing Gamma
type A
stomachache. nausea. or vomiting followed by
globulin should be given to household contacts
jaundice Young children may have mild case of
If more than one case occurs in a child-care
diarrhea without jaundice
center, gamma globulin should be considered for
all children and parents involved
Hepatitis, Viral,
60-90 days
Gradual onset of fever, tired feeling, loss of
No
Yes
Neither cases nor carvers excluded from
type B
appetite, followed by jaundice
attendance Teach importance of good hygiene
and avoid contact with blood of recent cases or
chronic carriers
Herpes, Oral
First infection, 2.12 days
Blisters on or near lips that open and become
No
No
Teach importance of good hygiene Avoid direct
(cold sores)
covered with dark crust Recurrences are
common
contact with sores
Impetigo
Variable
Blisters on skin that open and become covered
Yes
When treatment begun
No
Keep lesions covered while in school Teach
with yellowish crust No fever
importance of hand washing and keeping
fingernails clean
Influenza 1.3 days
Rapid onset of fever, headache, sore throat,
cough
Yes When fever subsides
Yes Vaccine available, but only recommended for
children with certain chronic diseases
Measles (Rubeola) 7.14 days
Runny nose, watery eyes, fever, cough Blotchy
Yes After 4 days from appearance of rash
Yes Vaccine available Report suspect cases imme-
red rash appears on 4th day
In an outbreak, unimmunized children
diately to health department or by calling the
should also be excluded for at least 4
Texas Immunization Hot Line 1.800-252.9152
days after last case occurs
German Measles 1421 days
Slight cold, swollen tender glands at back of
Yes Aller 5 days from appearance of rash.
Yes Vaccine available Report suspect cases immedi.
(Rubella)
_
neck Changeable pink rash
atelyto health department or by calling the Texas
Immunization Hot Line 1.800.2529152
Appendix VI
GDCH
Page 52
DHR 5-85
Meningitis, Bacterial
2 10 days
Sudden onset of high fever, headache, and stiff
Yes
See Footnote 2(A -8I
Yes
Depending on which bacteria are causing the iii.
neck, usually with some vomiting
nese, prophylactic antibiotics may be recom
mended for family members Occasionally, close
contacts at a childcare center are also treated
Meningitis, Viral
2 10 days
Sudden onset of fever, headache, usually with
Yes
See Footnote 2(A B)
Yes
Teach importance of hand washing Prophylactic
Some vomiting
antibiotics of no value
Mumps
12 26 days
Swelling over law in front of one or both ears
Yes
After 9 days from the onset of swelling
Yes
Vaccine available
Pain in cheeks made worse be chewing
Pink Eye
1 3 days
Red eyes, usually with some discharge or
Yes
See Footnote 2(A -B)
No
Teach importance of hand washing allergic
'Conjunct vd is)
crust on eyelids
conjunctivitis is not contagious
Pinworms
Variable, may be as long as
Perianal itching
No
No
Teach importance of hand washing
3-6 weeks
Poliomyelitis
3-21 days
Fever, headache, stomachache, stiff neck,
Yes
See Footnote 2(A B)
Yes
Vaccine available Report cases immediately to
(Polio)
usually with some vomiting Often followed by
health department or by calling the Texas
paralysis
Immunization Hot Line 1-800-252-9152
Rocky Mountain
3-10 days
Sudden onset of fever, chills. and severe head.
No
Yes
Transmitted by tick bites If you suspect this
Spotted Fever
ache Rash consists of red spots beginning on
disease, immediately consult a physician
wrists or ankles, progressing to the chest,
palms, and soles
Ringworm of the body
4.10 days
Slowly spreading flat, scaly ring-shaped spots
No
No
Treatment is recommended Keep lesions
on skin The margins may be reddish and
covered While in school
slightly raised
Ringworm of the scalp
10-21 days
Slowly spreading. balding patches on scalp
Yes
When treatment begun
No
Teach importance of not sharing combs. hats,
with broken -off hairs
and coats
Salmonellosis
13days
Sudden onset of fever, abdominal pain, dear
Yes
When diarrhea subsides
Yes
Teach importance of hand washing Frequentlya
rhea, sometimes vomiting
foodborne infection
Scabies
First infection 1 month
Small raised, red bumps or blisters on skin with
Yes
When treatment begun
No
Careful examination of close contacts required
Repeat infection 2 5 days
severe itching
to identify early infection
Shigellosis
1 7 days
Sudden onset of fever, vomiting, and diarrhea
Yes
When diarrhea subsides
Yes
Teach importance of hand washing Can spread
quickly in child-care centers
Streptococcal Sore
1 3 days
Fever, sore throat, often with enlarged tender
Yes
After 24 hours from date antibiotic
Yes
Teach importance of covering mouth when
Throat and Scarlet Fever
lymph nodes in neck Scarlet fever -producing
treatment begun
coughing or sneezing
strains of bacteria cause a fine red rash that
appears 1 3 days alter onset of sore throat
Tetanus
4-21 days
Painfulmuscular contractions — primarily of
No
Yes
Transmitted by contamination of a wound with
law and neck muscles No fever
bacterial spores Vaccine available If you
suspect this disease, immediately consult a
physician
Tuberculosis.
4 1 weeks
Gradual onset, tiredness, loss of appetite.
Yes
After antibiotic treatment begun, AND
Yes
All classroom contacts should have TS skin tests
Pulmonary
slight lever, failure to gain weight, cough
a physician's certificate or health
Antibiotic prophylaxis indicated for newly pose.
authority permit obtained
live reactors
Whooping Cough 7 21 days Low grade fever, runny nose, and cough lasting
(Pertussis) about 2 weeks, followed by paroxysmal
coughing spells and "whoop" on inspiration
'The major criterion for exclusion from attendance is the condition s probability of spread from person to -person A child may have a
nonexcludable illness yet require care at home or in a hospital
'Children excluded from a school or childcare center for a communicable disease may be readmitted by any one of the following methods
(A) A written certificate from a physician
(B) A permit issued by the local health authority
(C) Fulfilling criteria listed under "Readmission Criteria "
TEXAS DEPARTMENT OF HEALTH
Yes After 7 days from date antibiotic Yes Vaccine available Unimmunized contacts should
treatment begun be immunized and receive antibiotic prophylaxis
Report suspect cases immediately to health
department or by calling the Texas Immunization
Hot Line 1-800.252.9152
'A school or childcare center administrator may require a note from a parent or physician for readmission regardless of the reason for the
absence
Adopted by the undersigned pursuant to 25 TAC 97 SCX3) this 12th day of December 1983.
/ 1A
/✓ �� �i
63o vuu
RobertBernstein, M D, F A C P
Commissioner of Health
Appendix VII
GDCH
Page 53
DHR 5-85
APPENDIX VII
SANITIZING PROCEDURES FOR
FOOD SERVICE EQUIPMENT
Reusable food service equipment, including
infant feeding equipment, must be properly washed
and sanitized by one of the following methods:
Utensils must be completely immersed in
hot water and maintained at a temperature of 170 ° F
for not less than three minutes or 180"F for two
minutes.
One and 1/4 teaspoons of chlorine bleach
must be used for each gallon of water at lukewarm
temperature during the final rinse.
One-half teaspoon iodine must be used for
each gallon of water at lukewarm temperature.
Quaternary ammonium compounds or acid
sanitizer compounds must be used according to
directions on the officially approved label.
If utensils are machine washed, final rinse
water must be at least 180 ° F.
Other methods may be used if approved by
the local health department or the Texas Depart-
ment of Health.
Appendix VIII
Page 55
DHR 5-85
APPENDIX VIII
CRIMINAL OFFENSES, FROM THE TEXAS PENAL CODE
The following constitute criminal offenses included in the Texas Penal Code:
Title 5. Offenses Against the Person
Murder
Capital murder
Voluntary manslaughter
Involuntary manslaughter
Criminally negligent homicide
False imprisonment
Kidnapping
Aggravated kidnapping
Rape
Aggravated rape
Sexual abuse
Aggravated sexual abuse
Homosexual conduct
Public lewdness
Indecent exposure
Rape of a child
Sexual abuse of a child
Indecency with a child
Assault
Sexual assault
Aggravated assault
Aggravated sexual assault
Deadly assault on a peace officer
Injury to a child or an elderly individual
Reckless conduct
Terroristic threat
Aiding suicide
Tampering with consumer products
Title 6. Offenses Against the Family
Bigamy
Incest
Interference with child custody
Enticing a child
Criminal nonsupport
Sale or purchase of a child
Solicitation of a child
Harboring a runaway child
Violation of a court order
Title 43. Public Indecency
Prostitution
Promotion of prostitution
Aggravated promotion of prostitution
Compelling prostitution
Obscene display or distribution
Obscenity
Sale, distribution or display of harmful
material to a minor
Sexual performance by a child
U
D MOAO IMEM
Day-care Centers
May 1995
i
Stock Code 20310-0000
I
i
s
Texas Department of Human Services
John H. Winters Human Services Center • 701 West 51st Street
Mailing Address: P.O. Box 2960 • Austin, Texas 78769
COMMISSIONER
MARLIN W JOHNSTON
February 8, 1985
Dear Licensee:
BOARD MEMBERS
J LIVINGSTON KOSBERG
Chairman, Houston
VICKI GARZA
Corpus Christi
SIDNEY STAHL
Dallas
The following are the revised minimum standards which are effective May 1, 1985.
The State Advisory Committee on Child Care Facilities was established by the child care
licensing law It is composed of parents, guardians, or custodians of children using child
care facilities; members of child advocacy groups; operators of child care facilities; and
experts in various professional fields related to child care and development. The Advisory
Committee members carefully studied drafts of the minimum standards that Licensing
Branch staff of the Texas Department of Human Resources submitted for their consider-
ation. Based on their recommendations and the directions of the Texas Board of Human
Resources, the proposed revisions to the standards were published in the Texas Register.
All sets of standards went through a 60 -day public review period during August and Sep-
tember of 1984 to allow interested individuals to comment and make suggestions on them.
Public hearings on the proposed minimum standards were held in Austin, San Antonio, Cor-
pus Christi, McAllen, Tyler, Nacogdoches, Beaumont, Houston, Arlington, Wichita Falls,
Abilene, Waco, Lubbock, Amarillo, Midland, and EI Paso. Members of the Advisory Commit-
tee were present at the public hearings.
The following were members of the State Advisory Committee on Child Care Facilities:
Dr. Wilbur E. Crenwelge, Fredericksburg
Mr. Joe E. Fogle, Dallas
Ms. Sue Gainer, Dallas
Mr. Hernan Gonzales, Alamo
Dr. A. J. Green, Jr., Beeville
Ms. Rose Ann Grissett, Austin
Ms. Pat Henson, San Antonio
Ms. Gail Laubenthal, Wichita Falls
Mr. Buddy Owens, Mission
Ms. Harriet Simburger, Dickinson
Dr. Tom Slatton, Amarillo
Mr. Alan Sowders, Quinlan
Mr. David C. Winship, Houston
Mr. Charles Campise, Driftwood
Mr. Russell Herrington, Odessa
Mr. Charles E. Long, Tyler
Ms. Martha McDonald, Houston
Ms. Sherry Workman, Austin
An Equal Opportunity Employer
I
Page 2
Based on the oral and written comments the department received and the recommenda-
tions of two ad hoc committees composed of for profit and nonprofit providers, parents,
interested professionals, and the Advisory Committee, the proposed changes to the stand-
ards were submitted to the Board for approval on December 13, 1984, at its meeting in Lub-
bock. The Board is composed of
Mr. J. Livingston Kosberg, Chairman, Houston
Ms. Vicki Garza, Member, Corpus Christi
Mr. Thomas M. Dunning, Member, Dallas
After the Board approved the minimum standards, they were filed with the Secretary of
State.
Many Texas citizens have been involved in the effort to develop reasonable minimum stand-
ards for child care facilities. The department appreciates their help and support in our mutual
goal of ensuring safe child care for Texas children.
Sincerely,
Ra4(iN to. 4�
Marlin W. Johnston
MWJ:lm
Attachment
MINIMUM STANDARDS FOR DAY CARE CENTERS
A day care center is a child care facility that provides care less than 24 hours a day for
more than 12 children under age 14.
A
MINIMUM STANDARDS FOR DAY CARE CENTERS
Page
INTRODUCTION ....................................... 1
1000 ORGANIZATION AND ADMINISTRATION ................ 3
1100 Organization........................................................ 3
1200 General Administration .............................................. 4
1300 Enrollment......................................................... 5
1400 Records............................................................ 7
2000 PERSONNEL ..................................... 8
2100 Director Qualifications ............................................... 8
2200 Director Responsibilities.............................................. 9
2300 Staff Qualifications and Responsibilities ................................. 9
2400 Training...........................................................11
2500 Staff -Child Ratio....................................................11
3000 BUILDING, GROUNDS, AND EQUIPMENT ................15
3100 Space.............................................................15
3200 Furnishings........................................................15
3300 Equipment.........................................................16
3400 Toilet Facilities......................................................16
3500 Use of Facility......................................................16
4000 FIRE, SANITATION, AND SAFETY......................17
4100 Fire...............................................................17
4200 Sanitation..........................................................18
4300 Safety.............................................................19
5000 PHYSICAL HEALTH................................21
5100 Health Requirements for Children......................................21
5200 Illness or Injury .....................................................22
5300 Medications........................................................23
5400 Emergency Phone Numbers...........................................24
5500 Animals...........................................................24
6000 FOOD SERVICE AND NUTRITION ......................25
6100 Food Service........................................................25
6200 Nutrition..........................................................25
R
Page
7000 ACTIVITIES______________________________ 9R
7100 Operation..........................................................26
7200 Discipline and Guidance..............................................27
7300 Infant and Toddler Care..............................................28
7400 Children with Need for Special Care.....................................29
7500 Night Care.........................................................29
7600 Water Activities.....................................................29
7700 Transportation......................................................30
GLOSSARY...........................................33
APPENDIX I
Human Resources Code, Chapter 42
Child Care Licensing Law...................................................39
APPENDIX II
Excerpts from the Texas Family Code (Amended)...............................47
APPENDIX III
Child Care Facility Immunization Requirements
(from the Texas Department of Health)
September1979...........................................................51
APPENDIX IV
FoodCharts..............................................................53
APPENDIX V
Alternatives to Physical Punishment.........................................57
APPENDIX VI
Communicable Disease Chart................................................59
APPENDIX VII
Sanitizing Procedures for Food Service Equipment..............................61
APPENDIX VIII
Criminal Offenses from the Texas Penal Code..................................63
INTRODUCTION
Minimum Standards
Minimum standards for regulating child care facilities are developed by the Texas
Department of Human Resources (DHR) with the assistance of child care providers, par-
ents, lawyers, doctors, child care professionals, and experts in fire, sanitation, and safety.
The child care licensing law sets guidelines for what must be included in the standards
and requires that minimum standards be reviewed and commented on by the State Advi-
sory Committee on Child Care Facilities. The licensing law requires that proposed stand-
ards be distributed to providers for a 60 -day review and comment period before adopting
the proposed standards as rules. The Administrative Procedure and Texas Register Act
also requires that proposed standards be published for a public comment period before
adoption as rules. The department considers recommendations from providers, other
interested groups, and individuals in formulating the final draft, which is filed as rules
with the Secretary of State. Standards are a product of input from many people and
groups and are designed to reflect what the citizens of Texas consider reasonable and
minimum.
Exceptions to Minimum Standards
The child care licensing law authorizes the department to grant waivers and variances
for specific standards. A waiver is official permission not to meet a specific standard. It
is granted only for economic reasons. A variance is official permission to meet the intent
of a specific standard in a way other than as stated in the standard. It may be granted
for good and just cause when a particular standard is not applicable for a facility.
A facility may request a waiver or variance when applying for a license, certificate, or
registration or during the time the facility is regulated. The child care facility's licensing
representative receives the request and makes a recommendation about it to state office
staff. State office staff members make the decision on the request for a waiver or vari-
ance primarily by considering the risk to the health, safety, and well-being of the children
in care.
Informal Administrative Reviews
An applicant, a licensee, a certificate holder, or a person registered with the department
has the right to request an informal review if he disagrees with a licensing representa-
tive's decision. Child care providers are encouraged to first talk over the situation with
the licensing representative. If this does not solve the problem, a day care provider may
contact the day care licensing supervisor or the program director for day care licensing in
the area. The licensing representative provides the name, address, and telephone number
of the person to contact.
Introduction
DCC
Page 2
The child care provider may request the review orally or in writing. He explains the dis-
agreement and tells the department if he plans to have an attorney present. A member of
the department's licensing staff conducts the review. The reviewer examines the facts
and then makes a recommendation to uphold or change the licensing representative's
decision. The child care provider is promptly informed of the decision.
Appeals and Court Challenges
If the department denies an application or revokes a license, certification, or registration,
the provider is notified in writing what standards or provisions of the law are being vio-
lated. He is given information about how to request an appeal. The child care provider
may request an appeal of the decision within 30 days of notification.
If a request for appeal is granted, the assistant commissioner for licensing appoints an
advisory review board which includes people who hold the same kind of license as the
person appealing the denial or revocation. A hearing is also scheduled.
After an appeal hearing, the advisory review board makes recommendations to the
assistant commissioner for licensing. A committee reviews the materials and makes a
decision on the appeal. The committee is composed of the assistant commissioner for
licensing, a person from the Licensing Branch who develops standards, and a depart-
ment representative in the region where the facility is located.
If a person who appeals a denial or revocation does not agree with the decision on the
appeal, he may challenge it within 30 days after notification of the decision. This is done
by filing suit in a district court in Travis County or in the county where the facility is
located.
Section 1000
DCC
Page 3
DHR 5-85
ORGANIZATION AND ADMINISTRATION
1100 ( §81.401) Organization
1. A center must have a governing body (see Glossary) that is responsible for the center's policies. The
governing body must assure that the center operates in compliance with the "Minimum Standards
for Day Care Centers" and the child care licensing law, Chapter 42, Human Resources Code (see
Appendix I). The governing body must inform the department of the name and mailing address of the
sole proprietor, the partners, or its chief executive officer.
2. A corporation operating a day care center must make one of the following available to the department
for review:
a. the Articles of Incorporation,
b. the Certificate of Incorporation, or
c. a copy of the Certificate of Authority (for an out-of-state corporation).
3. A corporation or church must make available to the department a copy of the resolution authorizing
the operation of the center unless the authorization is included in the document required in item 2.
4. The governing body must notify the department and apply for a new license before changing the loca-
tion of the center.
5. The governing body must notify the department in writing of
a. any planned addition or reduction to indoor or outdoor space before using the changed area, and
b. the addition of a swimming or a fixed wading pool before using the pool.
6. The governing body must notify the department by telephone or in writing before, if possible, or
within five workdays of any occurrence affecting the operation of the center. This includes, but is not
limited to, the following:
a. change of the governing body or ownership,
b. change of center director,
Section 1000
DCC
Page 4
DHR 5-85
c. change of board chairman of a corporate center or other chief executive officer of the governing
body,
d. change of governing body designee (see Glossary),
e. going out of business,
f. change in hours of operation, and
g. change in age range of children in care.
If any change would violate the restrictions on the license, the governing body must request that the
license be amended. It must wait until the department changes the restriction before making the change
in operation.
1200 081.402) General Administration
1. The center must display the following in a prominent place where staff, parents, and others may
review them:
a. its license,
b. the letter or compliance evaluation form that the licensing representative provided at or following
the most recent inspection or investigation of the center (if the notification includes a requirement
for posting),
c. current menus, and
d. a department form stating that the items required in standard 1200, 2 are available.
2. The center must have available for review on request
a. the letter or compliance evaluation form that the licensing representative provided at or following
the most recent inspection or investigation of the center (if the notification does not include a
requirement for posting);
b. a current copy of the department's "Minimum Standards for Day Care Centers"; and
c. the center's most recent
(1) fire inspection report,
Section 1000
DCC
Page 5
DHR 5-85
(2) sanitation inspection report, and
(3) gas pipe inspection report.
3. The center must immediately notify the department of any serious occurrences affecting the day care
operation. These include, but are not limited to, the following.
a. fire, and
b. death, serious accident, serious injury, or serious communicable disease of a child or staff.
4. The center must report suspected child abuse or neglect as required by the Texas Family Code (see
Appendix II) to
a. the nearest DHR child protective services office, and
b. a local or state law enforcement agency.
5. The center must ensure that a person who is indicted or the subject of an official criminal complaint
accepted by a county or district attorney alleging he committed any of the offenses listed below must
not be at the center while children are in care and must not have contact with the children in care until
the charges are resolved. The offenses (see Appendix VIII) are as follows:
a. a felony or misdemeanor classified as an offense against the person or family,
b. a felony or misdemeanor classified as public indecency, and
c. a felony violation of any law intended to control the possession or distribution of any substance
included as a controlled substance in the Texas Controlled Substances Act.
The center must notify the department of an indictment or complaint within 24 hours or on the next
workday.
1300 081.403) Enrollment
1. Before a child is enrolled, the center must inform parents about the center's activities and policies.
2. The center must obtain enrollment information for each child before admission. The center must keep
this information as long as the child is in care. The parent must sign a form that contains the follow-
ing:
a. the child's name, birth date, home address, and home telephone number;
b. the school telephone number for a school-age child;
c. date of admission (see Glossary);
Section 1000
DCC
Page 6
DHR 5-85
d. name and address of parents and telephone numbers at which parents can be reached while the
child is in care;
e. names of people to whom the child may be released;
f. hours the child will be in care (not to exceed 12 hours);
g. name, address, and telephone number of the child's physician;
h. a statement of the child's special problems or needs. This includes allergy, existing illness, pre-
vious serious illness and injuries, hospitalizations during the past 12 months, and any medication
prescribed for long-term, continuous use;
i. transportation permission, if transportation is provided;
j. permission for participation in water activities, if any; and
k. emergency medical authorization.
3. The center must
a. give the parent of each child in care a copy of the department booklet, "A Parent's Guide to Day
Care," and
b. keep on file a copy of the receipt to show that the parent was given the booklet and discussed it
with the center.
4. The center must not racially discriminate against any child.
Section 1000
DCC
Page 7
DHR 5-85
1400 081.404) Records.
1. The center must have records of daily attendance of children and staff for the previous three months.
The hours staff worked must be recorded.
2. The center must maintain personnel records for all staff and ensure that each staff's record includes
a. the date on which the staff began work at the center;
b. a statement from the staff providing information about all felony and misdemeanor convictions
and all pending criminal charges, including deferred adjudication;
c. a record of a tuberculosis examination no earlier than 12 months before beginning the position;
and
d. a copy of an application or other document showing how the staff meets the requirements in
standard 2300, 1 and 2.
3. All required records must be available at the center for the department to inspect during hours of
operation.
Section 2000
DCC
Page 8
DHR 5-85
PERSONNEL
2100 081.405) Director Qualifications
1. The on-site director of a day care center must be at least 21 years old and have a high school diploma
or its equivalent and one of the following:
a. a bachelor's degree from an accredited college or university with at least 12 credit hours of child
development or early childhood education and one year of experience in a center;
b. a Child Development Associate credential;
c. an associate of arts degree in child development or a closely related area and one year of experience
in a center;
d. a day care administrator's credential issued by a professional organization or an educational insti-
tution and recognized by the Licensing Branch and one year of experience in a center (the experi-
ence may have been part of the credential requirements); or
e. three years of experience as a director or staff in a licensed child care facility and six credit hours in
child care, child development, or early childhood education and six credit hours in business man-
agement from an accredited college or university. Five continuing education units (see Glossary)
may be substituted for each three credit hours.
Documentation showing how the director meets the above qualifications must be available at the center.
A person who was director of a center on May 1, 1985, has three years from that date to comply if he
remains in the same position.
2. The director of a day care center licensed for 35 or more children must meet the requirements in
standard 2100, 1. He also must have two years experience as a director or staff in a licensed day care
facility. This may include experience toward meeting the requirements in standard 2100, 1.
A person who was a director of a center licensed for 35 or more children on May 1, 1985, has three years
from that date to comply if he remains in the same position.
3. No one may serve as director of a center who has been convicted of any of the following offenses (see
Appendix VIII):
a. a felony or misdemeanor classified as an offense against the person or family,
Section 2000
DCC
Page 9
DHR 5-85
b. a felony or misdemeanor classified as public indecency, or
c. a felony violation of any law intended to control the possession or distribution of any substance
included as a controlled substance in the Texas Controlled Substances Act.
4. The director must send the department the following on a department form:
a. a record of training and experience;
b. information about all felony and misdemeanor convictions; and
c. information about all pending criminal charges, including deferred adjudication.
2200 081.406) Director Responsibilities
1. An on-site director must administer the center's daily operation in compliance with minimum stand-
ards. If the director is absent from the center, an adult staff must be designated in charge and given
the authority to administer the center. During the director's absence, the designated staff must
administer the center in compliance with minimum standards.
2. The director must provide the staff's assignments and supervise the staff.
2300 081.407) Staff Qualifications and Responsibilities
Staff working with children must be age 18 or older. The center, however, may include in the staff -
child ratio a person 16 or 17 years old who works under the direct supervision of a qualified adult staff
and
a. has graduated from high school, or
b. is enrolled in a career program related to child care approved by the Texas Education Agency or in
other state or federally approved programs.
At least one qualified adult staff must be included in the staff -child ratio of the group when children are
in activities away from the center.
2. Each staff employed after May 1, 1985, must have a high school diploma or its equivalent except
when meeting the requirements in standard 2300, Lb.
3. Staff must show competency, good judgment, and self-control in working with children.
4. Staff must relate to the children with courtesy, respect, acceptance, and patience.
Section 2000
DCC
Page 10
DHR 5-85
5. Effective January 1, 1986, a person certified in first aid and a person certified in cardiopulmonary
resuscitation of children must be present at the center during all hours of operation. The center must
have current certificates attesting to the training.
6. People at the center must not abuse, neglect, or sexually molest children (see Glossary).
7. A person convicted of any of the following offenses (see Appendix VIII) must not be at the center
while children are in care and must not serve in any capacity where there is contact with children in
care:
a. a felony or misdemeanor classified- as an offense against the person or the family,
b. a felony or misdemeanor classified as public indecency, or
c. a felony violation of any law intended to control the possession or distribution of any substance
included as a controlled substance in the Texas Controlled Substances Act.
8. People whose behavior or health appears to endanger the health, safety, or well-being of children
must not be at the center.
9. People must not smoke in the children's presence or consume alcohol when children are at the center.
People who appear to be under the influence of alcohol or other drugs must not be in the center when
children are present.
10. Staff must supervise (see Supervision in Glossary) children at all times.
11. People working with children and counted in the staff -child ratio must be free from other duties
except those directly involving the care and supervision of children. These responsibilities include
keeping the group's area clean.
Administrative and clerical functions (see Glossary) that take the staff's attention away from the chil-
dren, meal preparation, or janitorial duties must not be included in the responsibilities of staff while the
staff is counted in the staff -child ratio.
12. The center must ensure that children are not out of control.
13. The center must ensure that a child is released only to a parent or an adult designated by the parent.
14. If a parent calls to authorize the emergency release of a child, the center must verify that the caller is
actually the parent.
15. The center must have and follow a plan to verify the identity of a person authorized to pick up a
child but not known to the staff. For example: view the picture identification on the person's driver's
license or DPS identification card and record the person's name and card number. The center keeps
identifying information for 24 hours.
L
Section 2000
DCC
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DHR 5-85
16. If one staff leaves and another staff is given responsibility for the children (as in a shift change), the
staff leaving must provide the incoming staff with
a. any significant information he has about a child, and
b. a list of children present in the group. This may be the class roll sheet.
2400 081.408) Training
1. The center must orient new staff members in understanding children and in job expectations when
they begin work. The center must have documentation that each staff has been oriented in
a. the requirements in the "Minimum Standards for Day Care Centers" and the licensing law;
b. the center's child care policies, including discipline, guidance, and the release of children;
c. recognition of symptoms of child abuse, neglect, and sexual molestation and the responsibility and
procedure for reporting these; and
d. the procedures to follow in handling emergencies (after the center has explored its environment for
external hazards and formulated training plans accordingly). Emergencies include, but are not lim-
ited to, fire, explosion, tornado, toxic fume, or other chemical release.
2. If volunteers are counted in the staff -child ratio for special activities only, the center must
a. ensure that each volunteer receives relevant orientation, and
b. obtain from each volunteer the statement required in standard 1400, 2.b.
3. Staff must participate yearly in at least 15 clock hours of training (see Glossary) in understanding
children and improving job performance.
The director must participate yearly in at least 20 clock hours of training. At least six clock hours must
be in staff supervision or management and at least six clock hours must be in child development or early
childhood education.
The training must be documented in the staff's record at the center. A year is defined as 12 months from
the date of employment.
2500 081.409) Staff -Child Ratio
1. In a center, the number of children must not exceed the following:
Infants
Age of Youngest Child Maximum Number Number of Staff
in Group of Children
0-11 months 5 1
0-11 months 12 2
12-17 months 6 1
12-17 months 14 2
Section -2000
DCC
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DHR 5-85
When a child in the group is younger than 18 months old, the oldest child in the group must not be more
than 18 months older than the youngest child except as in item d of this standard.
Preschool and School-age Children
Maximum Number of
Age of Youngest
Number of Children
Children to be Supervised by
Child in Group
of Youngest Age
One Staff
18 months
If four or more children
9
are under 2 years old
18 months
If no more than three
10
children are under 2 years
old
2 years
If there are five or more
11
2 -year-olds
2 years
If there are no more than
13
four 2 -year-olds
3 years
If there are seven or more
15
3 -year-olds
3 years
If there are no more than
17
six 3 -year-olds
4 years
If there are 11 or more
18
4 -year-olds
4 years
If no more than 10 children
20
are 4 years old
5 years
If there are 13 or more
22
5 -year-olds
5 years
If no more than 12 children
24
are 5 years old
6 years 26
and older
Section 2000
DCC
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DHR 5-85
a. If the youngest child in the group is younger than 18 months old, the maximum group size is 14
children. If the youngest child in the group is 18 through 23 months old, the maximum group size
is 18 children.
Up to 35 children may be in regular classroom activities if
(1) the staff -child ratio is maintained, and
(2) the youngest child is age 2 or older.
b. The center may combine more than 35 children 2 years old or older for joint activities of limited
duration (not to exceed 30 minutes) as long as the staff -child ratio is maintained. If all children in
the group are 5 years old or older, the center may extend the duration to a maximum of one and a
half hours.
c. In determining the staff -child ratio, the following apply:
(1) The center must use the developmental or emotional age of mentally retarded or emotionally
disturbed children, as determined by a qualified consultant (see Consultation Services for Chil-
dren with Need for Special Care in Glossary), and
(2) The center must maintain staff -child ratios as stated in standard 2500, 1 except during the fol-
lowing times:
(a) nap times. Children over 18 months old may be under the supervision of 50% of the staff -
child ratio if 75% of the staff -child ratio is maintained in the building. (This does not apply
during evening or night care.) For any group with one or more infant, the center must main-
tain the full staff -child ratio. In determining the 50% or 75%, the center does not count
staff caring for a group with an infant. It also does not count children in a group with an
infant.
Section 2000
DCC
Page 14
DHR 5-85
(b) transportation. (See section 7700.)
(c) water activities. (See section 7600.)
(d) field trips. (See standard 7100, 2.)
(e) forty-five minutes after opening and 45 minutes before closing. The center may regroup
children older than 18 months without reference to age. The staff -child ratio for regrouped
children must be one staff to a maximum of 18 children.
d. If 11 or fewer children are in care at the center, one of the following groupings is the maximum
number of children permitted in the care of one staff:
(1) If one infant is cared for, no more than six preschool and four older children may be in care.
(2) If two infants are cared for, no more than five preschool and three older children may be in
care.
(3) If three infants are cared for, no more than two preschool children and one older child may be in
care.
(4) If four infants are cared for, no children older than 18 months may be in care.
Preschool children are ages 18 months to 4 years. Older children are from 4 to 14 years old.
2. Each child must have a staff who is responsible for him and who is aware of details of the child's
habits, interests, and any special problems. Staff must know the child's name and have information
showing his age.
Section 3000
DCC
Page 15
DHR 5-85
BUILDING, GROUNDS, AND EQUIPMENT
3100 (§81.410) Space
1. There must be at least 30 square feet of indoor activity space, measured wall-to-wall on the inside, for
each child in the center. The measurement does not include single -use areas (see Glossary).
2. The center must have an outdoor play space of at least 80 square feet for each child using the area at
one time.
3. All outdoor play areas regularly used by children must be accessible by a safe route and enclosed by a
building or fence at least 4 feet high and with at least two exits. An entrance to the building may
count as one exit, but one exit must be away from the building. Staff must be able to open exits imme-
diately in an emergency.
3200 081.411) Furnishings
The center must ensure the following:
1. a working telephone with a listed number.
2. preschool children have individual cots, beds, or mats at least 1 inch thick that are waterproof or
washable. The center must ensure that all sleeping equipment and furnishings are clean and sanitary
(see Glossary). Linens must be washed before a different child uses them and when soiled.
3. school-age children have comfortable arrangements for rest when they are in care more than seven
hours.
4. children have storage available for personal belongings.
5. comfortable seating is available for the children.
Section 3000
DCC
Page 16
DHR 5-85
3300 081.412) Equipment
The center must provide indoor and outdoor equipment and materials (see Glossary) appropriate to the
developmental needs, individual interests, and ages of the children. There must be a sufficient amount of
equipment and materials to avoid excessive competition among the children or long waits for materials.
3400 (§81.413) Toilet Facilities
1. The center must have inside toilets located and equipped so children can use them independently and
staff can supervise as needed. Bathroom doors must have no locks within the children's reach. Chil-
dren must have privacy in the use of the bathroom as needed.
2. There must be one flush toilet for every 17 children.
a. Urinals may be counted in the ratio of children to toilets, but they must not exceed 50% of the
total number of toilets. Bathrooms that contain urinals must also have flush toilets.
b. Potty chairs may be used, but they must not be counted in the ratio of children to toilets. They
must be sanitized after each use.
3. There must be one lavatory for every 17 children.
3500 081.414) Use of Facility
If programs not subject to regulation use the same facilities, the center must not use any space at the
same time another program is using that space.
Section 4000
DCC
Page 17
DHR 5-85
FIRE, SANITATION, AND SAFETY
4100 081.415) Fire
1. In case of fire or danger of fire or explosion, the center's first responsibility is to evacuate the children
to a designated safe area.
a. The center must supervise children until the fire department determines the building is safe to re-
enter or until the children are picked up by their families.
b. The center must contact the fire department in case of fire or danger of fire, explosion, toxic fume,
or other chemical release.
2. The center must have an annual fire inspection with a written report by a local or state fire marshal.
The center must make any corrections called for in the report and must comply with any restrictions
imposed by the fire inspector.
3. The center must have at least one fire extinguisher approved by the fire marshal. The center must
mount the extinguisher on the wall by the hanger or bracket provided so that all staff can reach and
use the extinguisher. The center must make the extinguisher readily available for immediate use by
the staff. The center must inspect the fire extinguisher monthly, record the date, and ensure the extin-
guisher is serviced when required.
4. By January 1, 1986, the center must ensure the building is equipped with smoke detectors installed
and maintained according to the manufacturer's instructions and in compliance with requirements of
the local fire code.
5. The center must have emergency evacuation and relocation plans posted in each room the children
use. The plan must show two exit paths from each room unless the room opens directly to the out-
doors at ground level. The center must practice a fire drill every three months; it must practice any
other emergency procedures once each year.
6. The center must have a flashlight or other battery -powered lighting available to use in case of electri-
cal failure.
7. The center must ensure that all children and staff are able to exit safely from the building within
three minutes in an emergency.
a. A center must not provide child care on any level above or below the ground floor unless the center
obtains from a fire marshal specific written approval for care on other levels.
Section 4000
DCC
Page .18
DHR 5-85
b. A center must have at least two exits to the outside located in distant parts of the building. An
exit through a kitchen or other hazardous area cannot be one of the required exits unless specifi-
cally approved in writing by the fire marshal.
c. If any doors open into a fenced yard, children must be able to open the doors easily from inside the
center. The center must not have any locked doors between rooms while children are present.
d. The center must not have any blocked doors or pathways.
8. The center must ensure that heating devices and areas near heat sources are not fire hazards and
present no hazard to children.
a. If the center has gas appliances, the center must ensure that the appliances have metal tubing and
connections unless approved in writing by the fire marshal.
b. Open flame space heaters are prohibited. Space heaters must be enclosed and have the seal of
approval of a test laboratory approved by the fire marshal. The center must safeguard floor and
wall furnace grates so that children do not have access to them.
c. If the center has liquid or gas fuel heaters, the center must properly vent them to the outside.
Unvented liquid or gas fuel heaters are prohibited.
d. If the center uses a fireplace or wood -burning stove, the center must properly vent it to the out-
side. The center must install a rigid screen or guard to prevent children from falling into the fire or
against the stove.
9. The center must ensure that gas pipes are tested annually for leaks.
4200 081.416) Sanitation
1. The center must have an annual sanitation inspection with a written report by a local or state sanita-
tion official. The center must make any corrections and must comply with any restrictions stated in
the report.
2. The center must keep its building, grounds, and equipment cleaned, repaired, and maintained to pro-
tect the health of the children.
3. The center must have adequate light, ventilation, and heat.
4. The center must have an adequate supply of water meeting the standards of the Texas Department of
Health for drinking water. If possible, the source of water must be a public drinking water system.
Section 4000
DCC
Page 19
DHR 5-85
5. The center must ensure that drinking water is always available to children. The center must supply
the water in a safe and sanitary manner.
6. The center must ensure that the temperature of hot water available to children is controlled by a
thermostat so the water cannot scald Ino higher than 120 degrees Fahrenheit).
7. The center must have adequate and safe flush toilets and sewage systems. If possible, the center
must be connected to a public sewage system. If public sewers are not available, the center must
have treatment facilities that meet the standards of the Texas Department of Health and that are
approved by the local health authority.
8. The center must keep all garbage in containers with tight lids. Garbage must be kept away from
areas used by children. The center must remove garbage from the building daily and from the center
at least once a week.
9. The center must take measures to keep the center free of insects and rodents.
10. Staff and children must wash their hands with soap and running water after using the toilet and
before eating. Staff must wash hands with soap and running water before and after changing a dia-
per, assisting a child with toileting, feeding a child or handling food, and caring for a child with
symptoms of a communicable disease.
11. If children use washcloths or cloth towels, the center must ensure that each child has a clean individ-
ual cloth. If paper towels or facial tissues are furnished, the center must provide a clean individual
paper towel for each child.
4300 081.417) Safety
1. The center must keep its building, grounds, and equipment repaired and maintained to protect the
safety of children.
a. The center must have child -proof covers or safety outlets for electrical outlets accessible to chil-
dren younger than 5 years old. If 220 -volt electrical connections are within the children's reach, the
center must cover them with a screen or guard.
b. The center's air conditioners, electric fans, and heaters must be mounted out of the children's
reach or have safeguards that keep children from being injured.
c. The center must equip stairs, porches, and platforms more than 2 feet above the ground with rail-
ings the children can reach.
d. The center must keep its play area free from standing water and sharp objects. The center must
keep tanks, ponds, open wells, drainage ditches, sewage pipes, dangerous machinery, and other
hazards fenced to keep the children out. The center must not have garbage cans or highly flamma-
ble material in the play area. Covered trash cans are permitted (see Glossary).
Section 4000
DCC
Page 20
DHR 5-85
2. Indoor and outdoor equipment and supplies used both at and away from the center must be safe for
the children.
a. Outdoor play equipment must be placed away from busy areas in the yard and securely anchored
unless portable by design.
b. The center must not allow toys that explode (such as caps) or that shoot things (such as darts or
BBs).
c. The center must ensure that both indoors and outdoors children do not have access to toxic sub-
stances.
d. All swing seats must be constructed of durable, lightweight, relatively pliable material, such as
rubber or nylon webbing.
e. All heavy equipment must be installed in a manner to prevent tipping over or collapsing.
f. The center must not allow children to use
(1) climbing equipment or swings on concrete or asphalt, or
(2) swings with concrete or asphalt in the fall zone (see Glossary).
g. The center must ensure that no equipment has openings or angles that could entrap (see Glossary)
a child's head.
h. The center must ensure that no pinch, crush, or shear points are on equipment (such as exposed or
open gears on rotating devices) or underneath equipment (such as axle assemblies on rotating
devices).
3. The center must have first aid supplies (see Glossary) readily available to staff in a designated loca-
tion and out of the children's reach. The center must have an immediately accessible guide to first aid
and emergency care.
Section 5000
DCC
Page 21
DHR 5-85
PHYSICAL HEALTH
5100 081.418) Health Requirements for Children
1. Within one week of admission, the center must have on file evidence that each preschool child is phys-
ically able to take part in the day care program. Any of the following constitutes compliance:
a. a written statement from a licensed physician who has examined the child within the past year;
b. a copy of the medical screening form of the Early and Periodic Screening, Diagnosis and Treat-
ment (EPSDT) Program if no referral for further diagnosis and treatment is indicated;
c. a form or written statement from a health service or clinic, such as
(1) Head Start physical exam,
(2) well-child conferences or clinics,
(3) maternity and infant programs, or
(4) children and youth programs; or
d. a signed statement from the parent
(1) giving the name and address of a licensed physician who has examined the child within the
past year and states that the child is able to participate in the program. This must be followed
within 12 months by a document as described in a, b, or c;
(2) giving the name and address of the physician with whom an appointment for examination has
been made or the address of the EPSDT screening site where the examination will take place.
Following the examination, the parent must submit a document as described in a, b, or c; or
(3) stating that medical diagnosis and treatment are against the parent's religion.
2. The center must keep current immunization records for each child at the center. (See Appendix III for
immunization requirements.) The center must ensure that each child's immunization record includes
the child's birth date, the number of doses and type, and the dates (month, day, and year) the child
received each immunization. The center's compliance with this standard is measured by one or more
of the following for each child in care:
a. a dated record that the child has been immunized against diphtheria, tetanus, pertussis, polio,
measles, mumps, and rubella. There must be
(1) a record with a rubber stamp or signature of the physician or he
Section 5000
DCC
Page 22
DHR 5-85
(2) a machine or handwritten copy of 'the immunization record. Staff copying the information
must sign the handwritten copies.
b. a dated statement from a licensed physician or other authorized health personnel that immuniza-
tions against at least one of the diseases in standard 5100, 2.a. have begun. The immunization
cycle must be completed as soon as is medically feasible. The center must have a current immuni-
zation record on file.
c. a certificate signed by a licensed physician stating that the required immunization would be injuri-
ous to the health and well-being of the child or a member of the child's family or household.
d. an affidavit (notarized statement) signed by the parent that the immunization conflicts with the
parent's religious beliefs and practices.
e. a dated statement signed by the parent that the child's immunization record is current and is on
file at the school the child attends. The parent must include the name of the school in the state-
ment.
3. The center must have a record showing that the child has been tested for tuberculosis according to
recommendations of the Texas Department of Health if the local health authorities or the regional
office of the Texas Department of Health recommends a test.
A dated statement signed by the parent that the child's tuberculosis test record is current and is on file
at the school the child attends also complies. The parent must include the name of the school in the state-
ment.
5200 081.419) Illness or Injury
1. A child who appears ill must not be admitted to the center unless approved in writing by health per-
sonnel (see Glossary).
2. The center must handle illness or injury to protect the health of all children in the center.
a. The center must provide an ill or injured child with a bed, cot, or mat away from the other children.
The center must call the child's parent immediately. The child must be supervised until he leaves
the center.
Section 5000
DCC
Page 23
DHR 5-85
b. The center must plan for providing emergency care for an injured child, a child with symptoms of
acute illness, and a child who is choking or not breathing. The planning must include the continued
supervision of other children in care.
c. Staff must give the child first aid or cardiopulmonary resuscitation, if needed. In the case of a criti-
cal illness or injury, the center must call the physician named by the parent, take the child to the
nearest emergency room or minor emergency clinic, or call for an emergency vehicle.
3. The center must follow the recommendations of the Texas Department of Health concerning the
admission or readmission of any child after a communicable disease (see Appendix VI).
5300 081.420) Medications
1. If a center agrees to administer medications, the center must administer the medication to the child
as follows:
a. Prescription medications must be in the original container labeled with the child's name, a date,
directions, and the physician's name. The center must administer the medication as stated on the
label directions. The center must not administer medication after the expiration date.
b. The center must ensure that nonprescription medication is labeled with the child's name and the
date the medication was brought to the center. Nonprescription medication must be in the original
container. The center must administer it according to label directions if approved in writing by
health personnel or the child's parent (see Glossary).
c. The center must document each dose of medication administered showing the child's name; the
name of the medicine; date, time, and amount administered; and the name of the staff administer-
ing the medicine. The record must be kept for two weeks.
2. The center must keep medications out of children's reach or in locked storage.
3. The center must keep medications requiring refrigeration separate from food.
4. The center must return medications when no longer needed to the child's parent. The center must dis-
pose of medications when a child withdraws from the center or when the medicine is out of date.
Section 5000
DCC
Page 24
DHR 5-85
5400 1§81.421) Emergency Phone Numbers
1. The center must post the following emergency telephone numbers by a telephone accessible to all
staff. This telephone must not be a pay phone.
a. Ambulance service or emergency medical services (EMS).
b. Police or sheriff's department.
c. Fire department.
d. Poison control center.
e. Local DHR children's protective services office or child abuse hotline.
f. The center (with address).
2. The center must keep the following telephone numbers in a place accessible to the telephone and to all
staff:
a. numbers at which parents may be reached, and
b. numbers of the physicians designated by the parents.
5500 081.422) Animals
1. The center must ensure that animals on the premises have been vaccinated according to a licensed
veterinarian's recommendations. The center must have documentation of the vaccinations.
2. The center must keep the center and play yard free of stray animals. The center must not allow chil-
dren to play with stray animals.
Section 6000
DCC
Page 25
DHR 5-85
FOOD SERVICE AND NUTRITION
6100081.423) Food Service
1. The center must ensure that all food and drink served are of safe quality and are stored, prepared, dis-
tributed, and served under sanitary and safe conditions. The center must wash and sanitize food ser-
vice equipment (see Apendix VII).
2. The center must practice good hygiene when handling food. Staff with open or infected wounds must
not work in the food preparation area. No one may smoke in any of the food areas.
3. The center must discard single -service napkins, bibs, dishes, and utensils after use. Washable nap-
kins, bibs, and tablecloths must be cleaned after each use.
4. The center must encourage, but not force, children to eat. The center must discuss recurring eating
problems with the child's parent.
5. Cleaning supplies must be clearly marked, kept separate from food, and kept inaccessible to children.
6200 081.424) Nutrition
1. The center must ensure that food is nutritious and is served in variety and amounts adequate to
ensure growth and development (see Appendix IV for required amounts).
a. The center must maintain the daily menus for all meals and snacks prepared and served in the cen-
ter. The center must ensure that any substitution is of comparable food value and is recorded on
the menu. The center must keep the menus for 30 days.
b. All children must have regular meals and morning and afternoon snacks.
c. The center must ensure that children in the center for six or more hours per day have food availa-
ble that meets at least one-half of their daily food needs. This does not apply to children arriving
after the evening meal and leaving before the morning meal.
d. The center must have the written approval of a physician or a registered or licensed dietician for
special or therapeutic diets.
Section 7000
DCC
Page 26
DHR 5-85
ACTIVITIES
7100 081.425) Operation
1. The center must provide activities for each group according to the children's ages, interests, and abili-
ties. The activities must be appropriate to each child's health, safety, and well-being. The activities
also must be flexible and promote each child's physical, emotional, social, and mental growth.
a. The center must provide physical care routines appropriate to each child's developmental needs.
These must include a supervised rest period after the noon meal. Rest periods must not last longer
than three hours. After two hours, the center must allow children who are awake to get up and par-
ticipate in quiet activities. The rest area must be adequately lighted to allow visual supervision at
all times.
b. The center must ensure that indoor and outdoor time periods include
(1) alternating active and quiet activities,
(2) opportunity for individual and group activities, and
(3) outdoor time each day that weather permits.
2. The center must ensure the children's safety on field trips and excursions and during any transporta-
tion provided by or for the center. Transportation includes, but is not limited to, transportation pro-
vided between home and the center and between the center and school (see section 7700 for additional
transportation standards).
a. At least 48 hours before a field trip, the center must post in a prominent place a notice showing the
group of children who will be on the trip and where and when they will go. The center must ensure
that the notice remains posted until the group returns to the center.
b. Staff supervising children must have immediate access to emergency medical forms and emer-
gency contact information for each child in the group.
c. Staff must have a written list of the children in the group and must check the roll frequently.
d. Staff must have first aid supplies (see Glossary) available on field trips.
e. When children are on a field trip in an enclosed, controlled area, the center must maintain the staff -
child ratio as outlined in standard 2500, 1. An example would be an event planned for a group
including, but not limited to, skating, dancing, or gymnastic classes; library story time; or tours.
Section 7000
DCC
Page 27
DHR 5-85
f. When children are on a field trip and mixing with other children or adults, the adult -child ratio
must be as follows:
Maximum Number of Children
Age of Youngest to be Supervised
Child in Group by One Adult
0-23 months
2
2 years
6
3 years
8
4 years
9
5 years
11
6 years and older
15
Examples of this situation include trips to shopping centers, the circus, or amusement parks and other
activities in areas open to the general public.
(1) The number of regular staff supervising this type of field trip must be at least equal to the
number required in standard 2500, 1. The number may be supplemented by parents or volun-
teers trained in the center's field trip procedures.
(2) Children must have name tags or other identification listing the name and phone number of
the center.
g. Staff supervising a field trip must have transportation or a plan for transportation at the field trip
location in case of emergency.
7200 081.426) Discipline and Guidance
1. The center must ensure that discipline and guidance are consistent, are based on an understanding of
individual needs and development, and promote self-discipline and acceptable behavior.
2. There must be no cruel, harsh, or unusual punishment or treatment.
a. Staff must not shake, bite, or hit the children. No child under 5 years old must ever be spanked.
The center must not put anything in or on a child's mouth as punishment.
b. If the governing body believes that it is necessary to spank children who have passed their fifth
birthday, the center must have a statement on file that it is the center's policy to permit physical
punishment. The statement of the rules that the center has adopted concerning the administration
of physical punishment must include that spanking be done only with a staff's open hand on a
child's buttocks. Each incident must be witnessed by another staff and documented in the center's
records. The center must inform parents of the policy in writing and must have the parents' signed
approval. (See Appendix V for alternative methods of discipline.)
c. The center may use brief, supervised separation from the group if necessary, but the center must
not place children in a locked room or in a dark room with the door closed.
Section 7000
DCC
Page 28
DHR 5-85
d. The center must not humiliate or subject children to abusive or profane language. It must not
associate punishment with food, naps, or toilet training. The center must ensure that bed wetters
are not shamed or punished.
7300 081.427) Infant and Toddler Care
1. The center must provide infants with an indoor and outdoor environment that is safe and physically,
mentally, emotionally, and socially stimulating.
The center must care for infants in rooms and outdoor play areas separate from older children (unless 11
or fewer children are present) and according to infant groupings stated in standard 2500, 1.
2. An infant who is not yet climbing must have an individual crib with a waterproof mattress covered
by a clean crib sheet. A mobile infant may sleep on a low cot or mat.
3. Staff must talk to, hold, and play with the infants.
4. The center must allow each infant to explore outside the crib or playpen each morning and after-
noon.
5. Infants, while awake, may remain in their cribs for up to one hour as long as they stay content and
responsive.
6. A staff must always be in the room with the infants.
7. The center must ensure that bottles are clearly. marked with the child's name.
8. The center must ensure that infants up to 6 months old are held while being bottle fed. Infants over
6 months old must be held, if needed. Bottles must never be propped. The child or an adult must
hold the bottle.
9. The center must ensure that an infant not yet ready for table food is fed an infant formula or diet
approved in writing by the child's physician or parent. The center must obtain feeding instructions,
dated and signed by the parent, and updated as changes are made.
10. Infants no longer being held for feeding must be fed in a manner that ensures their safety and com-
fort.
11. The center must ensure that staff promptly change soiled or wet diapers and other clothing in a sani-
tary and safe manner.
The center must ensure that staff members
a. place the child on a clean, washable surface disinfected after each use. The center may also use a
surface with a clean, disposable covering that is changed after each use.
Section 7000
DCC
Page 29
DHR 5-85
b. use individual washcloths and towels or disposable towelettes to thoroughly cleanse and dry the
child at each diaper change.
c. place all used diapers in a moisture -proof bag or store them in a covered container that is cleaned
daily.
12. If a center has a diaper flush, the center may subtract the number of infants under 18 months old
from the total number of children in the center when determining the child -toilet ratio. One diaper
flush may serve 17 infants.
Effective January 1, 1986, all centers providing infant care must have a lavatory in the infant area and
in all other areas where staff changes children's diapers.
7400 081.428) Children with Need for Special Care
The center must ensure that children who need special care at the center because of disabling or limiting
conditions are given the care and activities qualified psychologists, physicians, or other experts recom-
mend.
7500 081.429) Night Care
1. A center offering night care must comply with any applicable fire and safety requirements for this
type of care.
2. The center must have visible exits. This may be provided by exit lights or by lighted exits.
3. Staff must be awake at all times. The center must ensure that activities and routines meet the unique
needs of children in night care.
4. The center must ensure that each child, including a school-age child, has a cot, bed, or mat that com-
plies with standard 3200, 2.
7600 081.430) Water Activities
1. When a center uses a splashing or a wading pool with less than 2 feet of water, the following apply:
a. The center must meet the staff -child ratio for wading:
Age of Youngest
Child in Group
6 months -23 months
2 years
3 years
4 years
5 years
6 years and older
Number of
Staff
Maximum Number
of Children
6
11
13
18
22
26
Section 7000
DCC
Page 30
DHR 5-85
b. When a child under 4 years old is in the'water, two staff members must supervise.
c. When the pool is not in use, the center must keep it out of the children's reach. Pools that can be
drained must be drained; those that cannot must meet the requirements in standard 7600, 2.a.
2. When the center uses a swimming pool (more than 2 feet of water), the following apply:
a. At the center, the pool must be enclosed by a fence at least 6 feet high and built so children cannot
easily climb over it. The center must keep the gate locked when the pool is not in use.
b. One lifesaving device must be available for each 2,000 square feet of water surface with a mini-
mum of two for each pool.
c. A certified lifeguard must be on duty at all times. This person must not be counted in the staff -
child ratio if people other than the children from the center are swirnm;ng.
d. Staff must be able to see clearly all parts of the pool, including the bottom.
3. The center must ensure that all drain grates are in place, are in good repair, and cannot be removed
without using tools.
4. The adult -child ratio for swimming is as follows:
Age of Youngest Number of Maximum Number
Child in Group Staff of Children
6 months - 23 months 1 1
2 years 1 6
3 years 1 8
4 years 1 12
5 years 1 15
6 years and older 1 18
a. The number of regular staff supervising swimming activities must be at least equal to the number
required in standard 2500, 1. The number may be supplemented by parents or volunteers trained
in toe center's procedures for supervising swimming.
b. Adults included in the staff -child ratio for swimming must be able to swim and must constantly
supervise the swimming activity.
c. When four or more children are swimming, two adults must be present.
5. When children are in a pool that has a pump and filtering system, an adult who is able to turn off the
system immediately must be present.
Section 7000
DCC
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DHR 5-85
6. The center must ensure that pool chemicals are inaccessible to children and that machinery rooms are
locked.
7. All pools the center uses must be maintained as stated in the standards of the Texas Department of
Health and local regulations.
7700 081.431) Transportation
1. Effective July 1, 1985, if a center provides transportation, each child being transported must ride in
an infant carrier, a child seat, or a seat belt, as appropriate to the child's age and size.
This requirement applies to all transportation including, but not limited to, transportation to and
from the center, to and from school, and on field trips.
This requirement applies to any vehicle used by or for the center to provide transportation, regardless
of whether owned by the center and regardless of the type of vehicle - automobile, van, school bus, or
other.
a. Appropriateness is determined as follows:
(1) The center must ensure that an infant who cannot sit up without support is properly restrained
in a dynamically crash -tested infant carrier designed as a child passenger restraint device and
manufactured according to federal standards. The carrier must be placed in a semi -reclining
position facing the back of the car. The carrier must be held in the seat by the standard fixed
seat belt.
(2) The center must ensure that each child under 2 years old who can sit alone is properly seated in
a child seat that is a dynamically crash -tested child passenger restraint device manufactured
according to federal standards.
(3) The center must ensure that each child age 2 or older rides in either a child seat that is a
dynamcially crash -tested passenger restraint device manufactured according to federal stand-
ards or in a seat belt. Only one person may use each seat belt.
(4) A child may ride in a shoulder harness and seat belt if the shoulder harness goes across the
child's chest and not across the child's face or neck.
b. The center must properly anchor each restraint device and use the device according to the manu-
facturer's specifications.
c. If a parent provides equipment for the center to use for transporting the child, the equipment must
meet the specifications stated in this standard.
Section 7000
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2. Effective July 1, 1985, the driver and all adult passengers in a vehicle transporting day care children
must be properly restrained by a seat belt when the vehicle is in motion.
3. The center must load and unload children at the curb side of the vehicle or in a protected parking area
or driveway. The center must ensure that children do not -cross a street unsupervised after leaving a
vehicle.
4. The center must keep first aid supplies (see Glossary) in all center vehicles transporting children.
5. The center must equip all center vehicles used for transporting children with a minimum of one 6-13C
portable fire extinguisher. The fire extinguishers must be installed in the passenger compartment of
the vehicle and must be accessible to the adult occupants.
6. The staff -child ratio for transporting children must be met.
a. One adult in addition to the driver must be present for each group of four children under 2 years
old.
b. For children 2 years old or older, the staff -child ratio is established by any of the options outlined
in standard 2500, 1. If there are children under 4 years old, at least two adults must be present.
Glossary
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GLOSSARY
Glossary (§81.432)
Abuse — Nonaccidental infliction or threat of infliction of physical, emotional, or mental harm to a child.
Activity Space — Area or rooms used for children's activity including those separate from a group's
classroom (see also Single -use Area).
Administrative Functions — Functions which involve the management of a day care center, such as
bookkeeping, enrolling children, answering the telephone, and collecting fees.
Admission — The process of entering a child in a day care center. The date of admission is the first day
on which the child is actually present in care in the center.
Adult — A person 18 years old or older.
Application — The form the department furnishes to gather information about and to document the
intent of the governing body to set up a day care program. The application also includes all material
required to be submitted to the department.
Attendance — Children actually present in the day care center at any given time. (Not to be confused
with enrollment.)
Child — A person who has not reached his eighteenth birthday.
Child Development Associate Credential — A credential which is highly desirable for staff working
directly with young children; based on assessed competency in several areas of child care and child devel-
opment. Child development training is available in the public community and junior college system as
well as in four-year colleges, either in regular child development, vocational programs, or through adult
continuing education courses.
Children with Need for Special Care — Children with disabling or limiting conditions which prevent or
limit participation in the normal activities of the center and which may require additional supervision.
Disabling or limiting conditions include visual impairment or deafness, other physical disabilities, men-
tal retardation, emotional disturbance, or learning disabilities.
Consultation Services for Children with Need for Special Care — Qualified consultants include psycholo-
gists, special education counselors, educational diagnosticians, special education supervisors, teachers
certified by the Texas Education Agency to teach mentally retarded or emotionally disturbed children,
pediatricians, licensed registered nurses, child psychiatrists, and MSW social workers skilled in assess-
ing normal and unusual developmental problems in children.
Such consultants may be found in state schools and hospitals, MHMR centers, human development
centers, public school special education departments, university psychology or special education depart-
ments, and the state listing of certified psychologists. (Copies of "Roster - Texas State Board of Exam-
iners of Psychologists" can be found in local DHR offices or can be ordered from the state office
Business Management Bureau.)
Glossary
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Continuing Education Unit (CEU) — A certificate granted by an educational institution to a person who
has completed a training course. (One CEU is granted for 10 clock hours of formal training.)
Day Care — The care, supervision, and guidance of a child or children unaccompanied by a parent,
guardian, or custodian on a regular basis, for a period of less than 24 hours per day, and in a place other
than the child's or children's own home or homes.
Day Care Area — That area specifically licensed for use by the day care program. This may include a spe-
cific portion or portions of the building and grounds of a larger facility or one or more buildings at the
same location. That area, both indoor and outdoor, designated in the plan of operation.
Day Care Center — Any facility, whether or not known or incorporated under such descriptive title or
name as "Nursery School," "Kindergarten," "Play School," "Child Development Center," "Early Child-
hood Center," and the like, which receives 13 or more children for day care. This term applies to program,
buildings, grounds, furnishings, and equipment.
Day Care Location — The street address of the center; the lot or lots on which the building or buildings
are located.
Day Care Program — Those services and activities provided by a center: the daily schedule.
Department (DHR) — Used in this document to refer only to the Texas Department of Human
Resources.
Direct Child Care — The supervision, guidance, and care of children as compared to food service, janito-
rial functions, or administrative functions.
Director — That person the governing body designates to assume daily on-site responsibility for the
operation of a center, including maintenance of minimum standards. In multiple day care centers under a
chief administrative officer, the director is the person physically present at each center.
Enrollment — The list of names of children registered with the center. (Not to be confused with attend-
ance.)
Entrapping Equipment — A component or group of components on play equipment that forms angles or
openings that could trap a child's head by being (1) too small to allow the child to withdraw his head eas-
ily and (2) placed so that the child would be unable to support his weight by means other than his head or
neck.
Equipment and Materials — Include, but are not limited to, books; art materials; music materials;
manipulative materials; blocks and block accessories; dramatic play materials, including homemaking
materials and dolls; science materials; and climbing equipment.
Facility — Includes people, administration, governing body, activities (on or off the premises), opera-
tions, buildings, grounds, equipment, furnishings, and materials.
Glossary
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(I) State operated — Operated by, under the direct jurisdiction of, and responsible to an agency of the
State of Texas.
(J) Other political subdivision — Operated by and under the jurisdiction of a county municipality,
school district, or other political entity.
Governing Body Designee — The person named on the application as the designated representative of a
governing body that is not a sole proprietorship or partnership.
Group — A specific number of children assigned to specific staff; each child in any group has the follow-
ing in common with every other child in his group: (1) the same staff responsible for the child's basic
needs, and (2) the same classroom or activity space.
Group Child Care — Care for seven or more children when at least one of the children is not related to the
caregiver.
Handwashing — Rubbing hands together with soap under running water.
Health Personnel — A licensed physician, a licensed registered nurse, or a person providing preventive,
diagnostic, or therapeutic medical care to individuals in the community.
Infant — A child younger than 18 months old.
Janitorial Functions — Those services which involve cleaning and maintenance above that which is
required for the continuation of the day care program, such as cleaning carpets, washing cots, and the
like. Sweeping after an activity or mopping up spills may be necessary for continued use of the class-
room, but total sweeping, vacuuming, or mopping of a classroom is a janitorial function.
License — A complete document issued to the governing body of a center authorizing the licensee to
operate at a specified location according to the provisions of the license, the law, and the rules and regu-
lations of the Texas Department of Human Resources.
Neglect — Nonaccidental failure or threatened failure to provide a child with the physical and emotional
requirements for life, growth, and development.
Night Care — Care given to children who are starting or continuing their night sleep or to children who
spend the night at the center.
Parent — Used in this document to refer to parent, legal guardian, or managing conservator.
Plan of Operation — The form the department furnishes on which the governing body outlines the plans
for operating the center.
Probation — A sanction placed on a center instead of revocation. Under probation, the center may
remain open and continue to provide day care.
Glossary
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Page 35
Fall Zone — An area extending 4 feet from climbing structures; 5 feet from the bottom of a slide (other
parts of the slide are climbing structures): 7 feet plus the length of the chain from a swing's point of sus-
pension; and 7 feet from a merry-go-round and other revolving device.
First Aid Supplies — Required supplies include multi -size adhesive bandages, gauze pads, tweezers, cot-
ton balls, hydrogen peroxide, syrup of ipecac, and a thermometer.
Food Service — The preparation or serving of meals or snacks.
Garbage — Waste food or items which, when deteriorating, cause offensive odors and attract rodents,
insects, and the like.
Governing Body — The entity with ultimate authority and responsibility for the overall operation of the
center. All governing bodies will be one of the following types:
(A) Sole proprietorship — Owned by an individual with the legal right and responsibility to possess,
operate, sell, and otherwise deal with the facility. May include a facility owned in common by husband
and wife.
(B) Partnership — A combination by contract of two or more people who use their money, labor, and
skill to carry on a continuing business, dividing the profits and sharing the losses in an agreed manner.
Includes general and limited partnerships.
(C) Corporation — An intangible entity created by individuals to operate for profit but to limit individ-
ual liability. Organized according to the Texas Business Corporation Act or similar act of another state
as evidenced by its Articles of Incorporation.
(D) Nonprofit corporation — Equivalent of "not for profit corporation." None of the income is distrib-
uted to members, directors, or officers. Organized under the Texas Non -Profit Corporation Act.
(E) Nonprofit corporation with religious affiliation — Has nonprofit corporation status and is operated
by, responsible to, or associated with an organization of individuals devoted to religious purposes. Does
not include those whose relationship with a religious organization is only for business, such as those who
only lease space.
(F) Association — A combination of individuals and interests of some kind without IRS tax-exempt
status. Not organized under the Texas Business Corporation Act.
(G) Nonprofit association — A combination of individuals and interests of some kind, synonymous
with "society," with operations devoted to charitable, benevolent, religious, patriotic, or educational pur-
poses. Not organized under the Texas Business Corporation Act.
(H) Nonprofit association with religious affiliation — A combination of individuals and interests of
some kind, synonymous with "society," with operations devoted to religious purposes. Not organized
under the Texas Business Corporation Act. Operated by, responsible to, or associated with an organiza-
tion of individuals devoted to religious purposes. Does not include those whose relationship with a reli-
gious organization is only for business, such as those who only lease space.
Glossary
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Provisional License — A license the department issues to a center whose plans meet the department
requirements but which is (1) not currently operating, (2) not licensed for the location stated in the appli-
cation, or (3) changing ownership.
Sanitary Sleeping Furnishings — Linens which have been laundered since a different person slept on
them and after being soiled.
School-age Care — Care offered to children between the ages of 5 (before September of that school year)
and 18.
Sexual Abuse or Sexual Molestation — Any sexually oriented act or practice involving staff or another
adult and a child in care. Examples include, but are not limited to, fondling, sexual intercourse, sexual
stimulation, sodomy, incest, rape, and using a child in sexually explicit films or pictures.
Single -use Areas — Include, but are not limited to, bathrooms, hallways, storage rooms, cooking areas of
kitchens, and indoor swimming pools.
Staff — Any person responsible for working in contact with children whether paid or unpaid.
Supervision — Care for a child or group of children. This includes awareness of and responsibility for the
ongoing activity of each child. It requires physical presence, knowledge of activity requirements and
children's needs, and accountability for their care. This includes staff being near enough to children to
intervene when needed.
Training — Time spent in workshops; conferences of child care, early childhood, or educational associa-
tions; formal schooling; self -instructional material; or planned learning opportunities provided by a
director, other staff, or consultants. Training must be in subject areas such as child care, child develop-
ment, and early childhood education. Training for directors may also be in supervision of staff or pro-
gram administration.
Trash/Litter — Paper products, plastic, cloth, and the like.
Water Activities — Related to the use of splashing pools, wading pools, swimming pools, or other bodies
of water.
Appendix I
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INTRODUCTION
The Child Care Licensing Act of 1975, formerly
Texas Revised Civil Statues Annotated, Article 695a-
3, is now Chapter 42 of the Human Resources Code.
The correct citation is Human Resources Code, Chap-
ter 42.
CHAPTER 42, REGULATION OF CHILD-CARE FACILITIES
SUBCHAPTER A.
GENERAL PROVISIONS
Sec. 42.001. PURPOSE
Sec. 42.001. DEFINITIONS
(Sections 42.003-42.020
reserved for expansion)
SUBCHAPTER B.
ADMINISTRATIVE PROVISIONS
Sec. 42.021.
DIVISION DESIGNATED
Sec. 42.022.
STATE ADVISORY COMMITTEE
Sec. 42.023.
ANNUAL REPORT
Sec. 42.024.
ADMINISTRATIVE PROCEDURE
Sec. 42.047.
(Sections 42.025-42.040
Sec. 42.048.
reserved for expansion)
SUBCHAPTER C. REGULATION OF
LICENSING
CHILD-CARE FACILITIES
Sec. 42.041. REQUIRED LICENSE
Sec. 42.042. RULES AND STANDARDS
Sec. 42.043.
RULES FOR IMMUNIZATIONS
Sec. 42.044.
INSPECTIONS
Sec. 42.045.
RECORDS
Sec. 42.046.
LICENSE APPLICATION
Sec. 42.047.
CONSULTATIONS
Sec. 42.048.
ADVISORY OPINIONS
Sec. 42.049.
LICENSING
Sec. 42.050.
LICENSE RENEWAL
Sec. 42.051.
PROVISIONAL LICENSE
Sec. 42.052.
CERTIFICATION AND
REGISTRATION
Sec. 42.053.
AGENCY HOMES
(Sections 42.054-42.070
reserved for expansion)
SUBCHAPTER D. REMEDIES
Sec. 42.071. LICENSE SUSPENSION AND
PROBATION
Sec. 42.072.
LICENSE DENIAL OR REVOCA-
TION
Sec. 42.073.
CLOSING A FACILITY
Sec. 42.074.
INJUNCTIVE RELIEF
Sec. 42.075.
CIVIL PENALTY
Sec. 42.076.
CRIMINAL PENALTIES
Appendix I
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SUBCHAPTER A. GENERAL PROVISIONS
Sec. 42.001. PURPOSE. The purpose of this chap-
ter is to protect the health, safety, and wellbeing of
the children of the state who reside in childcare facili-
ties by establishing statewide minimum standards
for their safety and protection and by regulating the
facilities through a licensing program. It is the policy
of the state to ensure the protection of all children
under care in child-care facilities and to encourage
and assist in the improvement of childcare programs.
It is also the intent of the legislature that freedom of
religion of all citizens is inviolate, and nothing in this
chapter gives a governmental agency authority to
regulate, control, supervise, or in any way be
involved in the form, manner, or content of religious
instruction or the curriculum of a school sponsored
by a religious organization.
Sec. 42.002. DEFINITIONS. In this chapter:
(1) "Child" means a person under 18 years of age.
(2) "Division" means the division designated by
the department to carry out the provisions of this
chapter.
(3) "Child-care facility" means a facility that pro-
vides care, training, education, custody, treatment, or
supervision for a child who is not related by blood,
marriage, or adoption to the owner or operator of the
facility, for all or part of the 24-hour day, whether or
not the facility is operated for profit or charges for
the services it offers.
(4) "Child-care institution" means a child-care facil-
ity that provides care for more than 12 children for 24
hours a day, including facilities known as children's
homes, halfway houses, residential treatment camps,
emergency shelters, and training or correctional
schools for children.
(5) "Foster group home" means a facility that pro-
vides care for 7 to 12 ,children for 24 hours a day.
(6) "Foster family home" means a facility that pro-
vides care for not more than six children for 24 hours
a day.
(7) "Day-care center" means a facility that pro-
vides care for more than 12 children under 14 years of
age for less than 24 hours a day.
(8) "Group day-care home" means a facility that
provides care for 7 to 12 children under 14 years of
age for less than 24 hours a day.
(9) "Registered family home" means a facility that
regularly provides care in the caretaker's own resi-
dence for not more than six children under 14 years of
age, excluding the caretaker's own children, and that
provides care after school hours for not more than six
additional elementary school siblings of the other
children given care, but the total number of children,
including the caretaker's own, does not exceed 12 at
any given time.
(10) "Family day home" means a facility that pro-
vides care for not more than six children under 14
years of age for less than 24 hours a day not in the
caretaker's own residence nor in the residence of one
or more of the children.
(11) "Agency home" means a private home that
provides care for not more than six children, that is
used only by a licensed child -placing agency, and that
meets division standards.
(12) "Child -placing agency" means a person other
than the natural parents or guardian of a child who
plans for the placement of or places a child in an insti-
tution, agency home, or adoptive home.
(13) "Facilities" includes child-care facilities and
child -placing agencies.
(14) "State of Texas" or "state" does not include
political subdivisions of the state.
(Sections 42.003-42.020
reserved for expansion)
SUBCHAPTER B.
ADMINISTRATIVE PROVISIONS
Sec. 42.021. DIVISION DESIGNATED. (a) The
department shall designate a division within the
department to regulate and license child-care facili-
ties and child -placing agencies. The division shall
enforce the provisions of this chapter and the rules
and standards adopted by the department under this
chapter and shall carry out other responsibilities the
department may delegate or assign.
(b) The commissioner of the department shall
appoint as director of the division a person who:
(1) meets the qualifications required of a child-
care administrator by Chapter 43 of this code;
(2) holds a graduate degree in social science or
law and has five years' administrative experience in a
field related to child care; or
(3) has 10 years' experience in a field related to
child care, at least 5 of which must be administrative.
(c) The department shall employ sufficient person-
nel and provide training for the personnel to carry
out the provisions of this chapter.
(d) The director may divide the state into regions
for the purpose of administering this chapter.
Sec. 42.022. STATE ADVISORY COMMITTEE. (a)
The State Advisory Committee on Child-care Facili-
ties is composed of 15 citizens of this state appointed
by the commissioner.
(b) Members of the committee serve for terms of
two years.
(c) The members must represent the following
groups:
(1) parents, guardians, or custodians of children
who use the facilities;
(2) child advocacy groups;
(3) operators of the facilities; and
(4) experts in various professional fields that are
relevant to child care and development.
(d) At least three members of the division staff
shall meet with the committee, and the division shall
provide staff necessary for the committee.
(e) The committee shall review rules and minimum
standards for child-care facilities and child -placing
agencies promulgated by state agencies, and shall
advise the department, the division, the council, and
state agencies on problems of childcare facilities and
child -placing agencies.
(f) The committee shall receive and review the
annual report of the division.
(g) The committee shall meet twice a year, and the
members shall receive their actual travel expenses
and the state per diem.
Sec. 42.023. ANNUAL REPORT. (a) The division
shall send an annual report of its activities to the gov-
ernor, lieutenant governor, and members of the legis-
lature.
(b) The annual report shall include:
(1) a report by regions of applications for licen-
sure or certification, of provisional licenses issued,
denied, or revoked, of emergency closures and injunc-
tions, and of the compliance of state -operated agen-
cies with certification requirements;
(2) a summary of the amount and kind of inser-
vice training and other professional development
opportunities provided for division staff,
(3) a summary of training and other professional
development opportunities offered to facilities'
staffs; and
(4)a report of new administrative procedures, of
the number of staff and staff changes, and of plans
for the coming year.
(c) Copies of the annual report shall be available to
any state citizen on request.
Appendix I
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Sec. 42.024. ADMINISTRATIVE PROCEDURE. The
Administrative Procedure and Texas Register Act
(Article 6252-13a, Vernon's Texas Civil Statutes)
applies to all procedures under this chapter except
where it is contrary to or inconsistent with the provi-
sions of this chapter.
(Sections 42.025-42.045
reserved for expansion)
SUBCHAPTER C. REGULATION OF
CHILD-CARE FACILITIES
Sec. 42.041. REQUIRED LICENSE. (a) No person
may operate a child-care facility or child -placing
agency without a license issued by the division.
(b) This section does not apply to:
(1) a state -operated facility;
(2) an agency home;
(3) a facility that is operated in connection with a
shopping center, business, religious organization, or
establishment where children are cared for during
short periods while parents or persons responsible for
the children are attending religious services, shop-
ping, or engaging in other activities on or near the
premises, including but not limited to retreats or
classes for religious instruction;
(4) a school or class for religious instruction that
does not last longer than two weeks and is conducted
by a religious organization during the summer
months;
(5) a youth camp licensed by the Texas Depart-
ment of Health;
(6) a hospital licensed by the Texas Department
of Mental Health and Mental Retardation or the
Texas Department of Health;
(7) an educational facility accredited by the Cen-
tral Education Agency or the Southern Association
of Colleges and Schools that operates primarily for
educational purposes in grades kindergarten and
above;
(8) an educational facility that operates solely for
educational purposes in grades kindergarten through
at least grade two, that does not provide custodial
care for more than one hour during the hours before
or after the customary school day, and that is a mem-
ber of an organization that promulgates, publishes,
and requires compliance with health, safety, fire, and
sanitation standards equal to standards required by
state, municipal, and county codes;
Appendix I
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(9) a kindergarten or preschool educational pro-
gram that is operated as part of a public school or a
private school accredited by the Central Education
Agency, that offers educational programs through
grade six, and that does not provide custodial care
during the hours before or after the customary school
day; and
(10) a registered family home.
(11) an educational facility that is integral to and
inseparable from its sponsoring religious organiza-
tion or an educational facility both of which do not
provide custodial care for more than two hours maxi-
mum per day, and that offers educational programs
for children age five and above in one or more of the
following: kindergarten through at least grade three,
elementary, or secondary grades.
(c) A single license that lists addresses and the
appropriate facilities may be issued to a child-care
institution that operates noncontiguous facilities
that are nearby and that are demonstrably a single
operation as indicated by patterns of staffing,
finance, administrative supervision, and programs.
(d) A person operating or desiring to operate a
child-care facility that is exempt from the provisions
of Subsection (a) of this section may apply to the divi-
sion for a license as provided in Section 42.046 of this
code The division may not deny an exempt facility a
license on the ground that it is exempt from Subsec-
tion (a) of this section. A facility exempt from the pro-
visions of Subsection (a) of this section that desires to
receive or participate in federal or state funding shall
be required to comply with all other provisions of this
Act and with all regulations promulgated thereunder.
(e) The exemptions provided by Subsection (b) of
this section do not affect the authority of local,
regional, or state health department officials, the
state fire marshal, or local fire prevention officials to
inspect child-care facilities.
Sec. 42.042. RULES AND STANDARDS. (a) The
department shall make rules to carry out the provi-
sions of this chapter.
(b) The department shall conduct a comprehensive
review of all rules and standards at least every six
years.
(c) The department shall provide a standard proce-
dure for receiving and recording complaints and a
standard form for recording complaints.
(d) The department shall provide standard forms
for applications and inspection reports.
(e) The department shall promulgate minimum
standards for child-care facilities covered by this
chapter that will:
(1) promote the health, safety, and welfare of chil-
dren attending a facility;
(2) promote safe, comfortable, and healthy physi-
cal facilities for children;
(3) ensure adequate supervision of children by
capable, qualified, and healthy personnel;
(4) ensure adequate and healthy food service
where food service is offered;
(5) prohibit racial discrimination by child-care
facilities; and
(6) require procedures for parental and guardian
consultation in the formulation of children's educa-
tional and therapeutic programs.
(f) In promulgating minimum standards for child-
care facilities, the department shall recognize the var-
ious categories of facilities, including facilities
offering specialized care, and the various categories
of children and their particular needs. Standards for
child-care institutions must require an intake study
before a child is placed in an institution. The intake
study may be conducted at a community mental
health and mental retardation center.
(g) In promulgating minimum standards, the
department may recognize and treat differently the
following child-care facilities: child -caring institu-
tions, foster homes, day-care centers, group daycare
homes, family day homes, registered family homes,
and agency homes.
(h) The department shall promulgate minimum
standards for child -placing agencies.
(i) Before adopting minimum standards, the divi-
sion shall present the proposed standards to the
State Advisory Committee on Child -Care Facilities
for review and comment, and shall send a copy of the
proposed standards to each licensee covered by the
proposed standards at least 60 days before the stand-
ards take effect to provide the licensee an opportu-
nity to review and to send written suggestions to the
council and the department.
(j) The department may waive compliance with a
minimum standard in a specific instance if it deter-
mines that the economic impact of compliance is suf-
ficiently great to make compliance impractical.
(k) The department may not regulate or attempt to
regulate or control the content or method of any orga-
nization or curriculum of a school sponsored by a reli-
gious organization.
Sec. 42.043. RULES FOR IMMUNIZATIONS.
(a) The department shall make rules for the immuni-
zation of children admitted to facilities.
(b) The department shall require that each child at
an appropriate age have a test for tuberculosis and be
immunized against diptheria, tetanus, poliomyelitis,
rubella, and rubeola. The immunization must be
effective on the date of first entry into the facility.
However, a child may be provisionally admitted if the
required immunizations have begun and are com-
pleted as rapidly as medically feasible.
(c) The Texas Department of Health shall make
rules for the provisional admission of children to facil-
ities and may modify or delete any of the immuniza-
tions listed in Subsection (b) of this section or require
additional immunizations as a requirement for admis-
sion to a facility.
(d) No immunization may be required for admission
to a facility if a person applying for a child's admis-
sion submits one of the following affidavits:
(1) an affidavit signed by a licensed physician
stating that the immunization would be injurious to
the health and well-being of the child or a member of
the child's family or household; or
(2) an affidavit signed by the child's parent or
guardian stating that the immunization conflicts
with the tenets and practices of a recognized religious
organization of which the applicant is an adherent or
a member.
(e) Each facility shall keep an individual immuniza-
tion record for each child admitted, and the records
shall be open for inspection by the division at all rea-
sonable times.
(f) The Texas Department of Health shall provide
the immunizations required by this section to chil-
dren in areas where there is no local provision of these
services.
Sec. 42.044. INSPECTIONS. (a) An authorized rep-
resentative of the division may visit a facility during
operating hours to investigate, inspect, and evaluate.
(b) The division shall inspect all licensed or certified
facilities at least once a year and may inspect other
facilities as necessary. At least one of the annual vis-
its must be unannounced and all may be unan-
nounced.
(c) The division must investigate a facility when a
complaint is received. The division representative
must notify the facility's director or authorized repre-
sentative when a complaint is being investigated and
report in writing the results of the investigation to
the director or the director's authorized representa-
tive.
(d) The division may call on political subdivisions
and governmental agencies for assistance within
their authorized fields.
Appendix I
DCC
Page 43
DHR 5-85
Sec. 42.045. RECORDS. (a) A person who operates
a licensed or certified facility shall maintain individ-
ual child development records, individual health
records, statistical records, and complete financial
records.
(b) A person who operates a licensed facility shall
have an annual audit by a certified public accountant
of the facility's books. A copy of the accountant's
statement of income and disbursements must accom-
pany an application for a license. This subsection
does not apply to a facility that provides care for less
than 24 hours a day or to an agency home.
(c) If a child -placing agency terminates operation
as a child -placing agency, it shall, after giving notice
to the department, transfer its files and records con-
cerning adopted children, their biological families,
and their adoptive families to the department or to a
facility licensed by the department to place children
for adoption.
Sec. 42.046. LICENSE APPLICATION. (a) An appli-
cant for a license to operate a child-care facility or
child -placing agency shall submit to the divison a
completed application on a form provided by the divi-
sion.
(b) The division shall supply the applicant the
application form and a copy of the appropriate mini-
mum standards.
(c) After receiving an application, the division shall
investigate the applicant and the plan of care for chil-
dren.
(d) The division shall complete the investigation
and decide on an application within two months after
the date the division receives an application.
Sec. 42.047. CONSULTATIONS. (a) The depart-
ment shall offer consultation to potential applicants,
applicants, and license and certification holders
about meeting and maintaining standards for licens-
ing and certification and achieving programs of excel-
lence in child care.
(b) The department shall offer consultation to pro-
spective and actual users of facilities.
Sec. 42.048. ADVISORY OPINIONS. (a) The direc-
tor of the division may give an advisory opinion on
whether or not a planned facility or a planned change
in an existing facility complies with the division's
rules and minimum standards.
Appendix I
DCC
Page 44
DHR 5-85
(b) A written opinion authorized by Subsection (a)
of this section is binding on the division as a declara-
tory order if it is signed by the division director and
the division representative administering this chap-
ter in a division region, and if an applicant or license
holder has acted in reliance on the opinion.
Sec. 42.049. LICENSING. (a) The division shall
issue a license after determining that an applicant
has satisfied all requirements.
(b) When issuing a license, the division may impose
restrictions on a facility, including but not limited to
the number of children to be served and the type of
children to be served.
(c) The division may grant a variance of an individ-
ual standard set forth in the applicable standards for
good and just cause.
(d) A license holder must display a license issued
under this chapter in a prominent place at the facility.
(e) A license issued under this chapter is not trans-
ferable and applies only to the operator and facility
location stated in the license application. A change in
location or ownership automatically revokes a
license.
(f) A biennial license must be issued if the division
determines that a facility meets all requirements. The
evaluation shall be based on a specified number of
visits to the facility and a review of all required forms
and records.
Sec. 42.050. LICENSE RENEWAL. (a) A license
holder may apply for a new license in compliance with
the requirements of this chapter and the rules
promulgated by the division.
(b) The application for a new license must be com-
pleted and decided on by the division before the expi-
ration of the license under which a facility is
operating.
(c) The division shall evaluate the application for a
new license to determine if all licensing requirements
are met. The evaluation must include a specified
number of visits to the facility and a review of all
required visits to the facility and a review of all
required forms and records.
Sec. 42.051. PROVISIONAL LICENSE. (a) The divi-
sion shall issue a provisional license when a facility's
plans meet the department's licensing requirements
and one of the following situations exists:
Co
(1) the facility is not currently operating;
(2) the facility is not licensed for the location
stated in the application; or
(3) there is a change in ownership of the facility.
(b) A provisional license is valid for six months
from the date it is issued and is not renewable.
Sec. 42.052. CERTIFICATION AND REGISTRATION.
(a) A state -operated child-care facility or child -placing
agency must receive certification of approval from
the division. The certification of approval must be
renewed every two years.
(b) To be certified, a facility must comply with the
department's rules and standards and any provisions
of this chapter that apply to a licensed facility of the
same category. The operator of a certified facility
must display the certification in a prominent place at
the facility.
(c) A registered family home must be registered
with the division.
(d) To be registered with the division, a registered
family must comply with the department's rules and
standards and any provision of this chapter that
applies to a registered family home.
(e) The certification requirements of this section do
not apply to a Texas Youth Council facility or a facil-
ity providing services solely for the Texas Youth
Council.
Sec. 42.053. AGENCY HOMES. (a) An agency
home is considered part of the child -placing agency
that operates the agency home for purposes of licens-
ing.
(b) The operator of a licensed agency shall display a
copy of the license in a prominent place in the agency
home used by the agency.
(c) An agency home shall comply with all provi-
sions of this chapter and all department rules and
standards that apply to a child-care facility caring for
a similar number of children for a similar number of
hours each day.
(d) The division shall revoke or suspend the license
of a child -placing agency if an agency home operated
by the licensed agency fails to comply with Subsec-
tion (c) of this section.
(Sections 42.054-42.070
reserved for expansion)
SUBCHAPTER D. REMEDIES
Sec. 42.071. LICENSE SUSPENSION AND PROBA-
TION. (a) The division may suspend the license of a
facility that has temporarily ceased operation but has
definite plans for starting operations again within the
time limits of the issued license.
(b) The division may suspend a facility's license for
a definite period rather than deny or revoke the
license if the division finds repeated noncompliance
with standards that do not endanger the health and
safety of children. To qualify for license suspension
under this subsection, a facility must suspend its
operations and show that standards can be met
within the suspension period.
(c) The division may place a facility on probation
for a definite period not to extend beyond the expira-
tion date of the license rather than suspend or revoke
the license. The division may revoke the license of the
facility during the probationary period if the facility
does not meet the conditions of probation.
(d) The division shall revoke the license of a facility
that does not comply with standards at the end of a
license suspension or probation.
Sec. 42.072. LICENSE DENIAL OR REVOCATION.
(a) The division may deny or revoke the license or cer-
tification of approval of a facility that does not
comply with the requirements of this chapter, the
standards and rules of the department, or the specific
terms of the license or certification.
(b) The division shall notify the person operating or
proposing to operate a facility of the reasons for the
denial or revocation and of the person's right to
appeal the decision within 30 days after receiving the
notice.
(c) A person who wishes to appeal a license denial -
or revocation shall notify the director by certified
mail within 30 days after receiving the notice
required in Subsection (b) of this section. The person
shall send a copy of the notice of appeal to the
assigned division representative.
(d) Within 14 days after the date the appeal notifi-
cation was mailed, the director shall appoint an advi-
sory review board to hear the appeal or notify the
person requesting the appeal that the request is
denied.
(e) Within 14 days after notifying a person that an
advisory review board will hear the case, the director
shall appoint five of the person's peers to the board
and set a date for the hearing. The date for the hear-
ing must be within 28 days after the date the board
Appendix I
DCC
Page 45
DHR 5-85
members are appointed.
(f) The advisory review board shall hear the appeal
and render its opinion to the director within seven
days after the last day of the hearing. The board
members shall receive actual travel expenses and the
state per diem for each day of the hearing.
(g) A committee composed of the director, the divi-
sion representative responsible for establishing
standards, and the division representative adminis-
tering this chapter in the region where the facility in
question is located shall review the opinion. The com-
mittee shall make a decision within 14 days after
receiving the opinion and shall notify, by certified
mail, the person who appealed.
(h) A person whose license has been denied or
revoked may challenge the committee's decision by
filing a suit in a district court of Travis County or the
county in which the person's facility is located within
30 days after receiving the committee's decision. The
trial shall be de novo.
(i) Records of the department's hearing shall be
kept for one year after a committee decision is ren-
dered. On request, and at the person's own expense,
the division shall supply a copy of the verbatim tran-
script of the advisory board hearing to a person
appealing a license denial or revocation in district
court.
0) A person may continue to operate a facility dur-
ing an appeal of a license denial or revocation unless
the division has sought injunctive relief under Sec-
tion 42.074 or civil penalties under Section 42.075 of
this code.
Sec. 42.073. CLOSING A FACILITY. (a) The division
may close the facility and place the children attend-
ing the facility in another facility if the division finds
violations of this chapter or violations of the depart-
ment's rules and standards that create an immediate
danger for children.
(b) A division representative who finds conditions
described in Subsection (a) of this section shall imme-
diately notify the director and request an immediate
inspection of the facility by the director or the direc-
tor's designee.
(c)' The division shall report to the governor and the
commissioner of the department when a stateopera-
ted facility is found in violation of this chapter or the
department's rules and standards and the violation
threatens serious harm to the children in the facility.
Appendix I
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Page 46
DHR 5-85
(d) Closing a facility under this section is an emer-
gency measure. The division shall seek an injunction
against continued operation of the facility after clos-
ing a facility under this section.
Sec. 42.074. INJUNCTIVE RELIEF. (a) When it
appears that a person has violated, is violating, or is
threatening to violate the licensing, certification, or
registration requirements of this chapter or the
department's licensing, certification, or registration
rules and standards, the division may file a suit in a
district court in Travis County or in the county where
the facility is located for assessment and recovery of
civil penalties under Section 42.075 of this code, for
injunctive relief, including a temporary restraining
order, or for both injunctive relief and civil penalties.
(b) The district court shall grant the injunctive
relief the facts may warrant.
(c) At the division's request, the attorney general
shall conduct a suit in the name of the State of Texas
for injunctive relief, to recover the civil penalty, or for
both injunctive relief and civil penalties as authorized
by Subsection (a) of this section.
Sec. 42.075. CIVIL PENALTY. (a) A person is sub-
ject to a civil penalty of not less than $50 nor more
than $100 for each day of violation and for each act of
violation if the person:
(1) threatens serious harm to a child in a facility
by violating a provision of this chapter or a depart-
ment rule or standard;
(2) violates a provision of this chapter or a
department rule or standard three or more times
within a 12 -month period; or
(3) places a public advertisement for an unli-
censed facility.
(b) The civil penalty authorized by this section is
cumulative and in addition to the criminal penalties
and injunctive relief provided by this chapter.
Sec. 42.076. CRIMINAL PENALTIES. (a) A person
who operates a child-care facility or childplacing
agency without a license commits a Class B misde-
meanor.
(b) A person who places a public advertisement for
an unlicensed facility commits a Class C misde-
meanor.
CHAPTER 17. EMERGENCY PROCEDURES IN SUIT BY
GOVERNMENTAL ENTITY
Section 17.03. Taking Possession of a Child Without
a Court Order. (a) An authorized representative of the
Texas Department of Human Resources, a law enforce-
ment officer, or a juvenile probation officer may take pos-
session of a child without a court order under the
following conditions and no others:
(1) upon discovery of a child in a situation of
danger to the child's physical health or safety when the
sole purpose is to deliver the child without unnecessary
delay to the parent, managing conservator, possessory con-
servator, guardian, caretaker, or custodian who is presently
entitled to possession of the child;
(2) upon the voluntary delivery of the child by
the parent, managing conservator, possessory conservator,
guardian, caretaker, or custodian who is presently entitled
to possession of the child;
(3) upon personal knowledge of facts which
would lead a person of ordinary prudence and caution to
believe that there is an immediate danger to the physical
health or safety of the child and that there is no time to
obtain a temporary restraining order or attachment under
Section 17.02 of this code; or
(4) upon information furnished by another
which has been corroborated by personal knowledge of
facts and all of which taken together would lead a person
of ordinary prudence and caution to believe that there is
an immediate danger to the physical health or safety of the
child and that there is no time to obtain a temporary
restraining order or attachment under Section 17.02 of this
code.
(See the full text of Section 17.03 for specifics on the
court hearings which follow taking possession of a child in
an emergency.)
CHAPTER 34. REPORT OF CHILD ABUSE
Section 34.01. Persons Required to Report
Section 34.011. Form
Section 34.02. Contents of Report: To Whom Made
Section 34.03. Immunities
Appendix II
DCC
Page 47
DHR 5-85
APPENDIX II
EXCERPTS FROM THE TEXAS FAMILY CODE (AMENDED)
Section 34.04.
Privileged Communications
Section 34.05.
Investigation and Report of Receiving
Agency
Section 34.06.
Central Registry
Section 34.07.
Failure to Report: Penalty
Section 34.08.
Confidentiality
Section 34.01. Persons Required to Report. Any per-
son having cause to believe that a child's physical or men-
tal health or welfare has been or may be adversely affected
by abuse or neglect shall report in accordance with Section
34.02 of this code.
Section 34.011. Form. The Texas Department of
Human Resources shall promulgate a form and cause a
sample to be distributed for the reporting of suspected
occurrences of child abuse as required by Section 34.01 of
this code. Copies of the form shall be distributed to all
licensed hospitals in this state to be available for use with-
out charge by hospital employees, physicians, patients,
and other persons. The form shall include a statement that
child abuse reports are confidential and that information
contained in the reports, including the name of the person
making the report, may be used only for the purposes con-
sistent with the investigation of child abuse. The form
shall give the address of the Texas Department of Human
Resources. Hospital employees, physicians, patients, and
other persons must complete the form and return it to the
Texas Department of Human Resources.
Section 34.02. Contents of Report: To Whom Made.
(a) Nonaccusatory reports reflecting the reporter's belief
that a child has been or will be abused or neglected, or has
died of abuse or neglect, has violated the compulsory
school attendance laws on three or more occasions, or has,
on three or more occasions, been voluntarily absent from
his home without the consent of his parent or guardian for
a substantial length of time or without the intent to return
shall be made to any local or state law enforcement agency,
and in addition shall be made to:
(1) the Texas Department of Human Resources;
or
(2) the agency designated by the court to be
responsible for the protection of children.
Appendix II
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Page 48
DHR 5-85
(b) All reports must contain the name and address of
the child, the name and address of the person responsible
for the care of the child, if available, and any other perti-
nent information.
(c) All reports received by any local or state law
enforcement agency shall be referred to the Texas Depart-
ment of Human Resources or to the agency designated by
the court to be responsible for the protection of children.
The department or designated agency immediately shall
notify the appropriate state or local law enforcement
agency of any report it receives, other than from a law
enforcement agency, that concerns the suspected abuse or
neglect of a child or death of a child from abuse or neglect.
(d) An oral report shall be made immediately on
learning of the abuse or neglect as prescribed in Subsection
(a) of this section, and a written report shall be made
within five days to the same agency or department. Anon-
ymous reports, while not encouraged, will be received and
acted on in the same manner as acknowledged reports.
Section 34.03. Immunities. Any person reporting pur-
suant to this chapter is immune from liability, civil or crim-
inal, that might otherwise be incurred or imposed.
Immunity extends to participation in any judicial proceed-
ing resulting from the report. Persons reporting in bad
faith or malice are not protected by this section.
Section 34.04. Privileged Communications. In any
proceeding regarding the abuse or neglect of a child or the
cause of any abuse or neglect, evidence may not be
excluded on the ground of privileged communication
except in the case of communications between attorney
and client.
Section 34.05. Investigation and Report of Receiving
Agency. (a) The Texas Department of Human Resources
or the agency designated by the court to be responsible for
the protection of children shall make a thorough investiga-
tion promptly after receiving either the oral or written
report. The primary purpose of the investigation shall be
the protection of the child.
(b) In the investigation the department or agency
shall determine:
(1) the nature, extent, and cause of the abuse or
neglect;
(2) the identity of the person responsible for the
abuse or neglect;
(3) the names and conditions of the other children
in the home;
(4) an evaluation of the parents or persons responsi-
ble for the care of the child;
(5) the adequacy of the home environment;
(6) the relationship of the child to the parents or
persons responsible for the care of the child;
(7) all other pertinent data.
(c) The investigation shall include a visit to the child's
home, a physical examination of all the children in that
home, and an interview with the subject child. The inves-
tigation may include a psychological or psychiatric exami-
nation of all the children in the home. If admission to the
home, school, or any place where the child may be, or per-
mission of the parents or persons responsible for the
child's care for the physical examination cannot be
obtained, then the juvenile court, or the district court,
upon cause shown, shall order the parents or the persons
responsible for the care of the children, or the person in
charge of any place where the child may be, to allow
entrance for the interview, the physical examination, and
investigation. If the parents or persons responsible for the
child's care does not consent to a psychological or psychiat-
ric examination of the child that is requested by the
department or agency, the juvenile court or district court,
upon cause shown, shall order the examination to be
made at the times and places designated by the court. The
parent or person responsible for the child's care is entitled
to notice and a hearing when the department or agency
seeks a court order to allow a psychological or psychiatric
examination.
(d) If, before the investigation is complete, the opin-
ion of the investigators is that immediate removal is neces-
sary to protect the child from further abuse or neglect, the
investigators shall file a petition pursuant to Chapter 17 of
this code for temporary care and protection of the child.
(e) The agency designated by the court to be responsi-
ble for the protection of children or the department shall
make a complete written report of the investigation. The
report, together with its recommendations, shall be sub-
mitted to the juvenile court of the district court, the dis-
trict attorney, and the appropriate law enforcement agency
if sufficient grounds for the institution of a suit affecting
the parent-child relationship are found.
(f) On the receipt of the report and recommendation
required by Subsection (e) of this section, the court may
direct the investigator to file a petition seeking appropriate
relief under Subtitle A of this title.
Appendix II
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DHR 5-85
Section 34.06. Central Registry. The Texas Depart-
ment of Human Resources shall establish and maintain in
Austin, Texas, a central registry of reported cases of child
abuse or neglect. The department may adopt rules and
regulations as are necessary in carrying out the provisions
of this section. The rules shall provide for cooperation with
local child service agencies, including hospitals, clinics,
and schools, and cooperation with other states in exchang-
ing reports to effect a national registration system.
Section 34.07. Failure to Report: Penalty. (a) A per-
son commits an offense if the person has cause to believe
that a child's physical or mental health or welfare has been
or may be further adversely affected by abuse or neglect
and knowingly fails to report in accordance with Section
34.02 of this code.
(b) An offense under this section is a Class B misde-
meanor.
Section 34.08. Confidentiality. The reports, records,
and working papers used or developed in an investigation
made under this chapter are confidential and may be dis-
closed only for purposes consistent with the purposes of
this code under regulations adopted by the investigating
agency.
Appendix III
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DHR 5-85
APPENDIX III
CHILD CARE FACILITY
IMMUNIZATION REQUIREMENTS
Age Group Required Immunization and Number of Doses
Under 2 mos. No immunizations required.
2 mos. to 4 mos. 1 dose of oral polio vaccine (OPV).
1 dose of diphtheria -tetanus -pertussis (DTP) vaccine.
4 mos: to 6 mos. 2 doses of OPV.
2 doses of DTP vaccine.
6 mos. to 18 mos. 2 doses of OPV.
3 doses of DTP vaccine.
18 mos. to 5 yrs. 3 doses each of OPV and DTP vaccine.
1 dose each of measles', rubella', and mumps' vaccines.
5 yrs. and older 3 doses each of OPV` and DTP' vaccine.
1 dose each of measles', rubella', and mumps' vaccines.
NOTES:
'Measles: Measles vaccine is required for each child 18 months old or older. The vaccination date for the
measles vaccine must be during the calendar month of or after the first birthday and since January 1,
1968. A written physician -verified history of measles disease which shows the date of the illness will sub-
stitute for the measles vaccine requirements.
'Rubella: Rubella vaccine is not required after the 12th birthday. A history of rubella illness is not accept-
able.
Appendix III
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DHR 5-85
'Mumps: As a part of the child's immunization record, a written physician -verified history of
mumps disease which shows the date of the illness will substitute for the vaccine requirement.
Effective September 1, 1984, children less than 13 years old are required to have received mumps
vaccine or provide a written physician -verified history of mumps illness. On September 1 each fol-
lowing year, children one year older must also meet this requirement. By September 1, 1990, all
children through 18 years old will be included. See the table below.
Mumps Vaccine Requirements by Effective Dates for
Children 18 Months through 18 Years of Age
In Child Care Facilities
Effective Dates Ages in Years*
September 1, 1984
Thru 12
September 1, 1985
Thru 13
September 1, 1986
Thru 14
September 1, 1987
Thru 15
September 1, 1988
Thru 16
September 1, 1989
Thru 17
September 1, 1990
Thru 18
*Ages of children in child care facilities on the effective date.
'Polio: At least three doses of oral polio vaccine (OPV) are required for all children, provided at least
one dose has been received on or after the 4th birthday. A dose of OPV given during the calendar
month before the 4th birthday will substitute for the dose on or after the 4th birthday. No further
doses of OPV are required.
Some children or students may be enrolled who have received inactivated polio vaccine (IPV).
These students are in full compliance when an initial series of four doses are completed and a
booster dose within five years of the fourth dose has been received. A booster dose is required
every five years thereafter.
SDiptheria - Tetanus - Pertussis/Tetanus - Diphtheria: DPT/TD vaccine is required for all children. At
least three doses of DTP and/or Td vaccine are required, provided at least one dose has been
received on or after the 4th birthday. A dose of DTP or Td given during the calendar month before
the 4th birthday will substitute for the dose on or after the 4th birthday.
Besides the minimum of three DTP or Td doses with one dose since the 4th birthday, children 12
years old and older must have a last dose within the past 10 years. (A Td booster is required 10
years after the administration of the immunization that meets the requirement for the "dose since
the 4th birthday." Example: If the last dose of DTP was received at age five, the 10 -year Td
booster is due at age 15.)
'An Annual Report of the Immunization Status by age group of all children must be submitted on
the request of the Texas Department of Health.
Amounts of Foods to be Served to Meet Nutritional Needs
Kinds of Food
1. Milk or Milk Products
Milk
or
Cheese
2. Bread and Cereal Products
Bread
or
Cereal
3. Vegetables and Fruits
including 1/4 cup vitamin C -rich fruit or vegetable each day
and
1/4 cup vitamin A -rich fruit or vegetable 3 times each week
4. Protein
Meat, Fish, Poultry
(cooked)
or
Eggs
or
Cooked Dried Beans or Peas
or
Cheese
One tablespoon peanut butter can be substituted for 1 tablespoon of meat.
Appendix IV
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Page 53
DHR 5-85
Total Amount To Meet
1/2 of Daily Need
1 1/4 cups
2 ounces
2 slices
1 cup
3/4 cup
3 tablespoons or
1 1/2 ounces
1 egg
3/8 cup
1 1/2 ounces
Appendix IV
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DHR 5-85
Examples of Kinds of Foods To Be Served To Meet Nutritional Needs
1) Milk or Milk Products
Milk
Whole
Low Fat
Skim
Non Fat
Dry
Buttermilk
+Double serving is required.
Cheese*
Cheddar
American
Cottage+
Monterey Jack
Swiss
Mozzarella
Ricotta+
*Do not count the same slice of cheese as both milk and meat.
2) Vegetables and Fruits
Food made with required
amounts of milk, such
as custards or puddings
a) Vitamin A Foods
b) Other Vegetables
c) Vitamin
C Foods
VEGETABLES
VEGETABLES
FRUITS
FRUITS
Bean sprouts (mung)
Bean sprouts
Broccoli
Beans
Apples
Orange juice
Carrots
lima, green, wax,
Avocados
Oranges
Greens
pinto, kidney
Bananas
Grapefruit
chard, lambsquarter,
garbanzo, mung,
Blackberries
Grapefruit juice
chicory, dandelion,
great northern,
Blueberries
Mangos
collards, mustard
soy, navy
Cherries
Strawberries
kale, turnip
Beets
Cranberries
Tangerines
Spinach
Celery
Boysenberries
Cantaloupe
Squash, winter
Corn
Dates
Sweet potatoes
Cucumbers
Figs
VEGETABLES
Eggplant
Fruit Cocktail
Bean sprouts (mung)
FRUITS
Lettuce
Grapes
Broccoli
Mushrooms
Olives
Green peppers
Apricots
Okra
Peaches
Brussel sprouts
Cantaloupe
Onions
Pears
Cauliflower
Purple plums (canned)
Peas
Pineapple
Kohlrabi
Mangos
green, blackeye,
Plums
Greens
Persimmons
Radishes
Raspberries
lambsquarter, kale,
Prunes, dry, uncooked
Rutabaga
Raisins
spinach, mustard
Squash, summer
Rhubarb
Tomatoes
Parsnips
Watermelon
Cabbage
Juice
Potatoes
apple, grape,
pineapple,
cranberry
*Do not count the same slice of cheese as both milk and meat.
Appendix IV
DCC
Page 55
DHR 5-85
3) Protein
Meat -canned, dried, fresh, and frozen
Beef
Lamb
Pork
Veal
Luncheon meats
Liver and
other organ meats
Chicken
Turkey
Fish/shellfish
*Cheese
Peanut butter
Eggs
Dry beans
Dry peas
Lentils
Vegetable protein
*Do not count the same slice of cheese as both milk and meat.
4) Breads and Cereals
All of the following must be enriched or whole grain.
Sliced Breads
French, raisin, rye, soy, white, whole wheat
Bread sticks
Rolled wheat or oats
Spaghetti
Barley
Boston brown bread
Biscuits
Macaroni
Grits
Fruit breads
Cornbread
Noodles
Bulgar
Crackers
English muffins
Sopaipillas
Rolls
graham
Soft pretzels
Pancakes
Farina
saltines
Croissants
Waffles
Dumplings
soda
Tortillas
Spoon bread
Hush puppies
melba toast
Prepared cereals
Muffins
Rice
zweiback
Sweet rolls
Appendix IV
DCC
Page 56
DHR 5-85
Breakfast
or
AM Snack
EXAMPLE MEAL PATTERN
The following meal pattern is an aid
is not required as long as the total rE
Possible Food Choices
Milk/Milk Product
Bread/Cereal
Lunch Milk and/or Milk Product
Protein
Vegetable 1
Vegetable 2
Bread
PM Snack Fruit or Fruit Juice
Example Menu Following Meal Patten
Breakfast or
AM Snack
Lunch
Milk
Milk
Cereal
Roast Be(
New Pota
Spinach
Whole W]
Bread
Appendix V
DCC
Page 57
DHR 5-85
APPENDIX V
ALTERNATIVES TO PHYSICAL PUNISHMENT
1. Children should have good behavior recog-
nized and encouraged.
2. Children should be taught by example
through the use of fair and consistent rules. The
atmosphere should be relaxed. Discipline should
be relevant to the behavior involved.
3. Children should be supervised by people
showing an attitude of understanding and firm-
ness.
4. Children should be given clear directions
and guidance on the child's level of understanding.
5. Children should be held firmly if their
behavior will harm themselves or others.
6. Children should be redirected by stating
alternatives when their behavior is unacceptable.
(Example: "Blocks are for building, not throwing
— try throwing this ball.")
7. Children should be helped to understand
why their conduct is unacceptable and what is
acceptable in a given situation.
Appendix VI
DCC
Page 59
COMMUNICABLE DISEASE CHART FOR SCHOOLS AND CHILD-CARE CENTERS DHR 5-85
Your Health Department:
EXCLUDE FROM
REPORTABLE
CONDITION
INCUBATION PERIOD
EARLY SIGNS OF ILLNESS
ATTENDANCE
READMISSION CRITERIA"
DISEASE
NOTES FOR PREVENTION
Athlete's Foot
Unknown
Blisters and cracking of the skin of the feet,
No
No
Teach importance of hygienic care of feet
usually between the toes
Chickenpox
10.21 days
Fever and rash consisting of blisters that
Yes
When all blisters have crusted over
Yes
No vaccine available
may appear first on head, !hen spread to body
(but not longer than 1 week after onset
Usually 2 or 3 crops of new blisters that heal
of rash)
leaving scabs
Common Cold
1 3 days
Runny nose, watery eyes, general tired feeling
No, unless lever is
When fever subsides
No
Teach importanceof washing hands and covering
present (See Fever)
mouth when coughing or sneezing
Diphtheria
2-5 days
Sore throat and fever, rapidly progressing to
Yes
See Footnote 2(A -B)
Yes
Vaccine available If you suspect this disease,
difficulty breathing and swallowing
,m mediately consult a physician
Fever
Oral temperature of 38'C (100 4'F) or greater
Yes
When fever subsides
No
Gastroenteritis,
Variable, usually 2.7 days
Stomachache, nausea, diarrhea (6 or more
Yes
When diarrhea subsides
No
Teach importance of hand washing Adult should
Viral
watery loose stools per day)
supervise hand washing of preschool age
children
Giardiasis
4-14 days
Gradual onset of stomachache, bloating, and
No
No
Treatment is recommended Teach importance of
diarrhea May recur several limes over a period
hand washing Can spread quickly in child-care
of weeks
centers
Gonorrhea
3.5 days
Mala — urethral discharge ("drip")with burning
No
Yes
Teach junior and senior high school students
on urination
about sexually transmitted diseases Report
Famala — May have no symptoms or may have
suspected cases to health department or by
vaginal discharge and abdominal pain,
calling the VD Hot Line 1-800-2278922
especially with menses
Head Lice
Eggs hatch in 7 10 days
Itching and scratching of scalp Pinpoint white
Yes
When one medicated shampoo or
No
Second shampooer lotion treatment in 710 days
(Pediculosis)
eggs (nits) on head that will not flick off
lotion treatment has been given
is recommended Teach importance of not
sharing combs, hats. and coats
Hepatitis. Viral,
15-50 days, average 28 days
Gradual onset of slight fever, tired feeling,
Yes
After 1 week from onset of illness,
Yes
Teach importance of hand washing Gamma
type A
stomachache. nausea, or vomiting followed by
globulin should be given to household contacts
jaundice Young children may have mild case of
If more than one case occurs in a child-care
diarrhea without jaundice
center, gamma globulin should be considered for
all children and parents involved
Hepatitis, Viral,
6090 days
Gradual onset of fever, tired feeling, loss of
No
Yes
Neither cases nor carriers excluded from
type B
appetite. followed by jaundice
attendance Teach importance of good hygiene
and avoid contact with blood of recent cases or
chronic carriers
Herpes, Oral
First infection, 2 12 days
Blisters on or near lips that open and become
No
No
Teach importance of good hygiene Avoid direct
(cold sores)
covered with dark crust Recurrences are
common
contact with sores
Impetigo
Variable
Blisters on skin that open and become covered
Yes
When treatment begun
No
Keep lesions covered while in school Teach
with yellowish crust No fever
importance of hand washing and keeping
fingernails clean
Influenza
1.3 days
Rapid onset of fever, headache, sore throat,
Yes
When fever subsides.
Yes
Vaccine available, but only recommended for
cough
children with certain chronic diseases
Measles (Rubeola)
714 days
Runny nose, watery eyes, fever, cough Blotchy
Yes
After 4 days from appearance of rash
Yes
Vaccine available Report suspect cases imme.
red rash appears On 4th day
In an outbreak, unimmunized children
diately to health department or by calling the
should also be excluded for at least 4
Texas Immunization Hot Line 1-800.2529152
days after last case occurs
German Measles
1421 days
Slight cold, swollen tender glands at back of
Yes
After 5 days from appearance of rash
Yes
Vaccine available Report suspect cases immedi-
(Rubella)
neck Changeable pink rash
ately to health department or by calling the Texas
Immunization Hot Line 1-800-2529152
Appendix VI
nonexcludable illness yet require care at home or in a hospital
'Children excluded from a school or child care center for a communicable disease may be readmitted by any one of the following methods
(A) A written certificate from a physician
(B) A permit Issued by the local health authority
(C) Fulfilling criteria listed under 'Readmission Criteria "
TEXAS DEPARTMENT OF HEALTH
-A ecnool or cnno care center aominlstralor may require a note Trom a parent or pnysician Tor readmission regardless or the reason for the
absence
Adopted by the undersigned pursuant to 25 TAC 97 5(c)(3) this 12th day of December 1983
i
630 114184
/Robert Bernstein, M D F R C P
Commissioner Of Health
DCC
-
Page 60
DHR 5-85
Meningitis, Bacterial
2 10 days
Sudden onset of high fever, headache, and stiff
Yes
See Foutnote 2(A-8)
Yes
Depending on which baueria are c4usuig the no -
f a
neck, usually with some vomiting
ness, prophylactic antibiotics may be recom
mended for lamely members Occasionally, close
E
contacts at a ch Id -care center are also treated
Meningitis, Viral
210 days
Sudden onset OI fever, headache, usually with
Yes
See Footnote 2(A -B)
Yes
Teach importanceof hand washing Prophylactic
some vomiting
antibiotics of no value
Mumps
1226 days
Swelling over jaw in front of one or both ears
Yes
After9daysfrom lheonset ofswelling
Yes
Vaccine available
Pain in cheeks made worse be chewing
Pink Eye
13 days
Red eyes, usually with some discharge or
Yes
See Footnote 2(A-8)
No
Teach importance of hand washing allergic
(Conjunct ivlt is)
crust on eyelids
conjunctivitis is not contagious
Pinworms
Variable, may be as long as
Perianal itching
No
No
Teach importance of hand washing
3.6 weeks
Poliomyelitis
3.21 days
Fever, headache, stomachache, still neck,
Yes
See Footnote 2(A-8)
Yes
Vaccine available Report cases immediately to
(Polio)
usually with some vomiting Often followed by
health department or by calling the Texas
paralysis
Immunization Hot Line 1 600 252 9152
Rocky Mountain
3.10 days
Sudden onset of fever, chills, and severe head-
No
Yes
Transmitted by tick bites It you suspect This
Spotted Fever
ache Rash consists of red spots beginning on
disease. Immediately consult a physician
wrists or ankles, progressing to the chest,
palms, and soles
Ringworm of the body
410 days
Slowly spreading flat, scaly ring shaped spots
No
No
Treatment is recommended Keep lesions
on skin The margins may be reddish and
covered while In school
slightly raised
Ringworm of the scalp
1021 days
Slowly spreading, balding patches on scalp
Yes
When treatment begun
No
Teach importance of not sharing combs, hats
with broken -off hairs
and coats
Salmonellosis
1-3 days
Sudden onset of lever. abdominal pain. diar-
Yes
When diarrhea subsides
Yes
Teach importance of hand washing Frequentlya
rhea, sometimes vomiting
food borne infection
Scabies
First infection 1 month
Small raised, red bumps or blisters on skin with
Yes
When treatment begun
No
Careful examination of close contacts required
Repeat infection 2-5 days
severe itching
to Identify early Infection
Shigellosis
1 7 days
Sudden onset of fever, vomiting. and diarrhea
Yes
When diarrhea subsides
Yes
Teach importance of hand washing Can spread
quickly in child care centers
Streplococcal Sore
13 days
Fever, sore throat, often with enlarged tender
Yes
After 24 hours from date antibiotic
Yes
Teach importance of covering mouth when
Throat and Scarlet Fever
lymph nodes in neck Scarlet fever producing
treatment begun
coughing or sneezing
strains of bacteria cause a fine red rash that
appears 13 days after onset of sore throat
Tetanus
4 21 days
Painful muscular contractions — primarily of
No
Yes
Transmitted by contamination of a wound with
jaw and neck muscles No lever
bacterial spores Vaccine available If you
suspect this disease, immediately consult a
physician
Tuberculosis,
4-12 weeks
Gradual onset, tiredness loss of appetite,
Yes
After antibiotic treatment begun, AND
Yes
All classroom contacts should have TO skin tests
Pulmonary
slight fever, failure to gain weight, cough
a physicians certificate or health
Antibiotic prophylaxis indicated for newly pose
authority permit obtained
live reactors
Whooping Cough
721 days
Low grade fever runny nose, and cough lasting
Yes
After 7 days from date antibiotic
Yes
Vaccine available Ummmumzed contacts should
(Pertussis)
about 2 weeks, followed by paroxysmal
treatment begun
be immunized and receive antibiotic prophylaxis
coughing spells and "whoop" on Inspiration
Report suspect cases Immediately to health
department or by calling the Texas Immunization
Hot Line 1 600 252 9152
nonexcludable illness yet require care at home or in a hospital
'Children excluded from a school or child care center for a communicable disease may be readmitted by any one of the following methods
(A) A written certificate from a physician
(B) A permit Issued by the local health authority
(C) Fulfilling criteria listed under 'Readmission Criteria "
TEXAS DEPARTMENT OF HEALTH
-A ecnool or cnno care center aominlstralor may require a note Trom a parent or pnysician Tor readmission regardless or the reason for the
absence
Adopted by the undersigned pursuant to 25 TAC 97 5(c)(3) this 12th day of December 1983
i
630 114184
/Robert Bernstein, M D F R C P
Commissioner Of Health
Appendix VII
DCC
Page 61
DHR 5-85
APPENDIX VII
SANITIZING PROCEDURES FOR
FOOD SERVICE EQUIPMENT
Reusable food service equipment, including
infant feeding equipment, must be properly
washed and sanitized by one of the following meth-
ods:
Utensils must be completely immersed in
hot water and maintained at a temperature of
170°F for not less than three minutes or 180°F for
two minutes.
One and 1/4 teaspoons of chlorine bleach
must be used for each gallon of water at lukewarm
temperature during the final rinse.
One-half teaspoon iodine must be used for
each gallon of water at lukewarm temperature.
Quaternary ammonium compounds or acid
sanitizer compounds must be used according to
directions on the officially approved label.
If utensils are machine washed, final rinse
water must be at least 180'F
Other methods may be used if approved
by the local health department or the Texas
Department of Health.
Appendix VIII
DCC
Page 63
DHR 5-85
APPENDIX VIII
CRIMINAL OFFENSES FROM THE TEXAS PENAL CODE
The following constitute criminal offenses included in the Texas Penal Code:
Title 5. Offenses Against the Person
Murder
Capital murder
Voluntary manslaughter
Involuntary manslaughter
Criminally negligent homicide
False imprisonment
Kidnapping
Aggravated kidnapping
Rape
Aggravated rape
Sexual abuse
Aggravated sexual abuse
Homosexual conduct
Public lewdness
Indecent exposure
Rape of a child
Sexual abuse of a child
Indecency with a child
Assault
Sexual assault
Aggravated assault
Aggravated sexual assault
Deadly assault on a peace officer
Injury to a child or an elderly individual
Reckless conduct
Terroristic threat
Aiding suicide
Tampering with consumer products
Title 6. Offenses Against the Family
Bigamy
Incest
Interference with child custody
Enticing a child
Criminal non support
Sale or purchase of a child
Solicitation of a child
Harboring a runaway child
Violation of a court order
Title 43. Public Indecency
Prostitution
Promotion of prostitution
Aggravated promotion of prostitution
Compelling prostitution
Obscene display or distribution
Obscenity
Sale, distribution, or display of harmful
material to a minor
Sexual performance by a child
May 1995
Stock Code 20319-0000
Kindergartens and
Nursery Schools
May 1995
Stock Code 20319-0000
Ott E Op
Texas Department of Human Resources >
John H. Winters Human Services Center • 701 West 51st Street
Mailing Address: P.O. Box 2960 • Austin, Texas 78769
COMMISSIONER BOARD MEMBERS
MARLIN W JOHNSTON J LIVINGSTON KOSBERG
Chairman, Houston
VICKI GARZA
February 8, 1985 Corps Christi
THOMAS M DUNNING
Dallas
Dear Licensee:
The following are the revised minimum standards which are effective May 1, 1985.
The State Advisory Committee on Child Care Facilities was established by the child care
licensing law. It is composed of parents, guardians, or custodians of children using child
care facilities; members of child advocacy groups; operators of child care facilities; and
experts in various professional fields related to child care and development. The Advisory
Committee members carefully studied drafts of the minimum standards that Licensing
Branch staff of the Texas Department of Human Resources submitted for their consider-
ation. Based on their recommendations and the directions of the Texas Board of Human
Resources, the proposed revisions to the standards were published in the Texas Register.
All sets of standards went through a 60 -day public review period during August and Sep-
tember of 1984 to allow interested individuals to comment and make suggestions on them.
Public hearings on the proposed minimum standards were held in Austin, San Antonio, Cor-
pus Christi, McAllen, Tyler, Nacogdoches, Beaumont, Houston, Arlington, Wichita Falls,
Abilene, Waco, Lubbock, Amarillo, Midland, and EI Paso. Members of the Advisory Commit-
tee were present at the public hearings.
The following were members of the State Advisory Committee on Child Care Facilities:
Dr. Wilbur E. Crenwelge, Fredericksburg
Mr. Joe E. Fogle, Dallas
Ms. Sue Gainer, Dallas
Mr. Hernan Gonzales, Alamo
Dr. A. J. Green, Jr., Beeville
Ms. Rose Ann Grissett, Austin
Ms. Pat Henson, San Antonio
Ms. Gail Laubenthal, Wichita Falls
Mr. Buddy Owens, Mission
Ms. Harriet Simburger, Dickinson
Dr. Tom Slatton, Amarillo
Mr. Alan Sowders, Quinlan
Mr. David C. Winship, Houston
Mr. Charles Campise, Driftwood
Mr. Russell Herrington, Odessa
Mr. Charles E. Long, Tyler
Ms. Martha McDonald, Houston
Ms. Sherry Workman, Austin
An Equal Opportunity Employer
Page 2
Based on the oral and written comments the department received and the recommenda-
tions of two ad hoc committees composed of for profit and nonprofit providers, parents,
interested professionals, and the Advisory Committee, the proposed changes to the stand-
ards were submitted to the Board for approval on December 13, 1984, at its meeting in Lub-
bock. The Board is composed of
Mr. J. Livingston Kosberg, Chairman, Houston
Ms. Vicki Garza, Member, Corpus Christi
Mr. Thomas M. Dunning, Member, Dallas
After the Board approved the minimum standards, they were filed with the Secretary of
State.
Many Texas citizens have been involved in the effort to develop reasonable minimum stand-
ards for child care facilities. The department appreciates their help and support in our mutual
goal of ensuring safe child care for Texas children.
Sincerely,
oj,*� W 0 )04046�
Marlin W. Johnston
MWJ:lm
Attachment
MINIMUM STANDARDS FOR KINDERGARTENS AND NURSERY SCHOOLS
A kindergarten or nursery school is a child care facility offering a program four hours or
less per day for children who have passed their second birthday but who are under
seven years old.
MINIMUM STANDARDS FOR KINDERGARTENS AND NURSERY SCHOOLS
Page
INTRODUCTION ....................................... 1
1000 ORGANIZATION AND ADMINISTRATION ................ 3
1100 Organization........................................................ 3
1200 General Administration .............................................. 4
1300 Enrollment......................................................... 5
1400 Records............................................................ 6
2000 PERSONNEL ..................................... 7
2100 Director Qualifications ............................................... 7
2200 Director Responsibilities.............................................. 8
2300 Staff Qualifications and Pesponsibilities................................. 8
2400 Training........................................................... 9
2500 Staff -Child Ratio....................................,...............10
3000 BUILDINGS, GROUNDS, AND EQUIPMENT ...............12
3100 Space.............................................................12
3200 Furnishings........................................................12
3300 Equipment.........................................................12
3400 Toilet Facilities......................................................13
3500 Use of Facility......................................................13
4000 FIRE, SANITATION, AND SAFETY ......................14
4100 Fire...............................................................14
4200 Sanitation..........................................................15
4300 Safety.............................................................16
5000 PHYSICAL HEALTH................................18
5100 Health Requirements for Children......................................18
5200 Illness or Injury .....................................................19
5300 Medications........................................................20
5400 Emergency Phone Numbers...........................................21
5500 Animals...........................................................21
Page 2
6000 FOOD SERVICE AND NUTRITION ......................22
6100 Food Service........................................................22
7000 ACTIVITIES.....................................23
7100 Operation..........................................................23
7200 Discipline and Guidance..............................................24
7300 Children with Need for Special Care.....................................25
7400 Water Activities.....................................................25
7500 Transportation......................................................26
GLOSSARY...........................................28
APPENDIX I
Human Resources Code, Chapter 42
Child Care Licensing Law...................................................33
APPENDIX II
Excerpts from the lbxas Family Code (Amended) ...............................41
APPENDIX III
Child Care Facility Immunization Requirements
(from the lbxas Department of Health)
September 1979...........................................................45
APPENDIX IV
Alternatives to Physical Punishment.........................................47
APPENDIX V
Communicable Disease Chart................................................49
APPENDIX VI
Sanitizing Procedures for Food Service Equipment..............................51
APPENDIX VII
Criminal Offenses from the 7bxas Penal Code..................................53
INTRODUCTION
Minimum Standards
Minimum standards for regulating child care facilities are developed by the Texas
Department of Human Resources (DHR) with the assistance of child care providers, par-
ents, lawyers, doctors, child care professionals, and experts in fire, sanitation, and safety.
The child care licensing law sets guidelines for what must be included in the standards
and requires that minimum standards be reviewed and commented on by the State Advi-
sory Committee on Child Care Facilities. The licensing law requires that proposed stan-
dards be distributed to providers for a 60 -day review and comment period before adopt-
ing the proposed standards as rules. The Administrative Procedure and Texas Register
Act also requires that proposed standards be published for a public comment period
before adoption as rules. The department considers recommendations from providers,
other interested groups, and individuals in formulating the final draft, which is filed as
rules with the Secretary of State. Standards are a product of input from many people and
groups and are designed to reflect what the citizens of Texas consider reasonable and
minimum.
Exceptions to Minimum Standards
The child care licensing law authorizes the department to grant waivers and variances
for specific standards. A waiver is official permission not to meet a specific standard. It
is granted only for economic reasons. A variance is official permission to meet the intent
of a specific standard in a way other than as stated in the standard. It may be granted
for good and just cause when a particular standard is not applicable for a facility.
A facility may request a waiver or variance when applying for a license, certificate, or
registration or during the time the facility is regulated. The child care facility's licensing
representative receives the request and makes a recommendation about it to state office
staff. State office staff members make the decision on the request for a waiver or vari-
ance primarily by considering the risk to the health, safety, and well-being of the children
in care.
Informal Administrative Reviews
An applicant, a licensee, a certificate holder, or a person registered with the department
has the right to request an informal review if he disagrees with a licensing representa-
tive's decision. Child care providers are encouraged to first talk over the situation with
the licensing representative. If this does not solve the problem, a day care provider may
contact the day care licensing supervisor or the program director for day care licensing in
the area. The licensing representative provides the name, address, and telephone number
of the person to contact.
Introduction
Page 2
The child care provider may request the review orally or in writing. He explains the
disagreement and tells the department if he plans to have an attorney present. A
member of the department's licensing staff conducts the review. The reviewer exam-
ines the facts and then makes a recommendation to uphold or change the licensing rep-
resentative's decision. The child care provider is promptly informed of the decision.
Appeals and Court Challenges
If the department denies an application or revokes a license, certification, or registra-
tion, the provider is notified in writing what standards or provisions of the law are
being violated. He is given information about how to request an appeal. The child care
provider may request an appeal of the decision within 30 days of notification.
If a request for appeal is granted, the assistant commissioner for licensing appoints an
advisory review board which includes people who hold the same kind of license as the
person appealing the denial or revocation. A hearing is also scheduled.
After an appeal hearing, the advisory review board makes recommendations to the
assistant commissioner for licensing. A committee reviews the materials and makes a
decision on the appeal. The committee is composed of the assistant commissioner for
licensing, a person from the Licensing Branch who develops standards, and a depart-
ment representative in the region where the facility is located.
If a person who appeals a denial or revocation does not agree with the decision on the
appeal, he may challenge it within 30 days after notification of the decision. This is
done by filing suit in a district court in Travis County or in the county where the facil-
ity is located.
Section 1000
K&NS
Page 3
DHR 5-85
ORGANIZATION AND ADMINISTRATION
1100 (§81.201) Organization
1. A school must have a governing body (see Glossary) that is responsible for its policies. The governing
body must assure that the school operates in compliance with the "Minimum Standards for Kinder-
gartens and Nursery Schools" and the child care licensing law, Chapter 42, Human Resources Code
(see Appendix I). The governing body must inform the department of the name and mailing address
of the sole proprietor, the partners, or its chief executive officer.
2. A corporation operating a school must make one of the following available to the department for
review:
a. the Articles of Incorporation,
b. the Certificate of Incorporation, or
c. a copy of the Certificate of Authority (for an out-of-state corporation).
3. A corporation or church must make available to the department a copy of the resolution authorizing
the operation of the school unless the authorization is included in the document required in item 2.
4. The governing body must notify the department and apply for a new license before changing the loca-
tion of the school.
5. The governing body must notify the department in writing of
a: any planned addition or reduction in indoor or outdoor space before using the changed area, and
b. the addition of a swimming or a fixed wading pool before using the pool.
6. The governing body must notify the department by telephone or in writing before, if possible, or
within five workdays of any occurrence affecting the operation of the school. This includes, but is not
limited to, the following-
a.
ollowinga. change of the governing body or ownership,
b. change of school director,
c. change of board chairman of a corporate school or other chief executive officer of the governing
body,
d. change of governing body designee (see Glossary),
Section 1000
K&NS
Page 4
DHR 5-85
e. going out of business,
f. change in hours of operation, and
g. change in age range of children in care.
If any change would violate the restrictions on the license, the governing body must request that the
license be amended. It must wait until the department changes the restriction before making the change
in operation.
12001§81.202) General Administration
1. The school must display the following in a prominent place where staff, parents, and others may
review them:
a. its license;
b. the letter or compliance evaluation form that the licensing representative provided at or following
the most recent inspection or investigation of the school (if the notification includes a requirement
for posting); and
c. a department form stating that the items required in standard 1200, 2 are available.
2. The school must have the following available for review on request:
a. the letter or compliance evaluation form that the licensing representative provided at or following
the most recent inspection or investigation of the school (if the notification does not include a
requirement for posting);
b. a current copy of the department's "Minimum Standards for Kindergartens and Nursery
Schools"; and
c. the school's most recent
(1) fire inspection report,
(2) sanitation inspection report, and
(3) gas pipe inspection report.
3. The school must immediately notify the department of any serious occurrences affecting its opera-
tion. These include, but are not limited to, the following-
a.
ollowinga. fire, and
b. death, serious accident, serious injury, or serious communicable disease of a child or staff.
Section 1000
K&NS
Page 5
DHR 5-85
4. The school must report suspected child abuse or neglect as required by the Texas Family Code (see
Appendix II) to
a. the nearest DHR child protective services office, and
b. a local or state law enforcement agency.
5. The school must ensure that a person who is indicted or the subject of an official criminal complaint
accepted by a county or district attorney alleging he committed any of the offenses listed below must
not be at the school while children are in care and must not have contact with the children in care until
the charges are resolved. The offenses (see Appendix VII) are as follows:
a. a felony or misdemeanor classified as an offense against the person or family,
b. a felony or misdemeanor classified as public indecency, and
c. a felony violation of any law intended to control the possession or distribution of any substance
included as a controlled substance in the Texas Controlled Substances Act.
6. The school must notify the licensing office of the indictment or complaint within 24 hours or on the
next workday.
1300 081.203) Enrollment
1. Before a child is enrolled, the school must inform parents about the school's activities and policies.
2. The school must obtain enrollment information for each child before admission. The school must keep
this information while the child is in the school. The parents must sign a form that contains
a. the child's name, birth date, home address, and home telephone number;
b. date of admission (see Glossary);
c. name and address of parents and telephone numbers at which parents can be reached while the
child is in school;
d. the names of people to whom the child may be released;
e. hours the child will be in school (not to exceed four hours);
f. name, address, and telephone number of the child's physician;
g. a statement of the child's special problems or needs. This includes allergy, existing illness, pre-
vious serious illness and injuries, hospitalizations during the past 12 months, and any medication
prescribed for long-term, continuous use;
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h. transportation permission, if transportation is provided;
i. permission for participation in water activities, if any; and
j. emergency medical authorization.
3. The school must
a. give the parent of each child in care a copy of the department booklet, "A Parent's Guide to Day
Care," and
b. keep on file a copy of the receipt showing that the parent was given the booklet and discussed it
with the school.
4. The school must not racially discriminate against any child.
1400 081.204) Records
1. The school must have records of daily attendance of children and staff for the previous three months.
The hours staff worked must be recorded.
2. The school must maintain personnel records for all staff and ensure that each staff's record includes
a. the date the staff began work at the school;
b. a statement from the staff providing information about all felony and misdemeanor convictions
and all pending criminal charges, including deferred adjudication;
c. a record of a tuberculosis examination no earlier than 12 months before beginning the position;
and
d. a copy of the application or other document showing how staff meets the requirements in standard
2300, 1, 2, or 3.
3. All required records must be available at the school for the department to inspect during hours of
operation.
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PERSONNEL
2100 081.205) Director Qualifications
1. The on-site director of a kindergarten or nursery school must be at least 21 years old, have a high
school diploma or its equivalent, and one of the following:
a. a bachelor's degree from an accredited college or university with at least 12 credit hours of child
development or early childhood education and one year of experience in a kindergarten or nursery
school;
b. a Child Development Associate credential;
c. an associate of arts degree in child development or a closely related area and one year of experience
in a school;
d. an administrator's credential issued by a professional organization or educational institution and
recognized by the Licensing Branch and one year of experience in a school (the experience may
have been part of the credential requirements); or
e. three years of experience as a director or staff in a licensed child care facility and at least six credit
hours in child development or early childhood education and six credit hours in business manage-
ment from an accredited college or university. Five continuing education units (see Glossary) may
be substituted for each three credit hours.
Documentation showing how the director meets the above qualifications must be available at the
school.
A person who was director of a kindergarten or nursery school on May 1, 1985, has three years
from that date to comply if the person remains in the same position.
2. The director of a kindergarten or nursery school licensed for 35 or more children must meet the
requirements in standard 2100, 1. The director also must have two years experience as a director or
staff in a licensed day care facility. This may include experience toward meeting the requirements in
standard 2100, 1.
A person who was a director of a kindergarten or nursery school licensed for 35 or more children on
May 1, 1985, has three years from that date to comply if the person remains in the same position.
3. No one may serve as director of a school who has been convicted of any of the following offenses (see
Appendix VII):
a. a felony or misdemeanor classified as an offense against the person or family,
b. a felony or misdemeanor classified as public indecency, or
c. a felony violation of any law intended to control the possession or distribution of any substance
included as a controlled substance in the Texas Controlled Substances Act.
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4. The director must send the department the following on a department form:
a. a record of training and experience;
b. information about all felony and misdemeanor convictions; and
c. information about all pending criminal charges, including deferred adjudication.
2200 081.206) Director Responsibilities
1. An on-site director must administer the school's daily operation in compliance with minimum stand-
ards. If the director is absent from the school, an adult staff must be designated in charge and given
the authority to administer the school. During the director's absence, the designated person must
administer the school in compliance with minimum standards.
2. The director must provide the staff's assignments and supervise the staff.
2300 081.207) Staff Qualifications and Responsibilities
1. Staff working with children must be age 18 or older. The school, however, may include in the staff -
child ratio a person 16 or 17 years old who works under the direct supervision of a qualified adult staff
and
a. has graduated from high school, or
b. is enrolled in a child care related career program approved by the Texas Education Agency or
other state or federally approved programs.
At least one qualified adult staff must be included in the staff -child ratio when children are away
from the school.
2. Each staff employed after May 1, 1985, must have a high school diploma or its equivalent unless
meeting the requirements in standard 2300, 1, b.
3. Staff having primary responsibility for and working with a kindergarten class must have a bachelor's
degree from an accredited college or university, a valid teacher's certificate, a Child Development
Associate credential, or an associate of arts degree in child development or a closely related field.
People working with kindergarten children on May 1, 1985, have two years from that date to meet
compliance if they remain in the same position.
4. Staff must show competency, good judgment, and self-control in working with children.
5. Staff must relate to the children with courtesy, respect, acceptance, and patience.
6. Effective January 1, 1986, a person trained in first aid and a person trained in cardiopulmonary resus-
citation of children must be present at the school during all hours of operation. The school must have
current certificates attesting to the training.
7. People at the school must not abuse, neglect, or sexually molest children (see Glossary).
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8. A person convicted of any of the following offenses (see Appendix VII) must not be at the school
when children are in care and must not serve in any capacity where there is contact with children in
care:
a. a felony or misdemeanor classified as an offense against the person or the family,
b. a felony or misdemeanor classified as public indecency, and
c. a felony violation of any law intended to control the possession or distribution of any substance
included as a controlled substance in the Texas Controlled Substances Act.
9. People whose behavior or health appears to endanger the health, safety, or well-being of children
must not be at the school.
10. People must not smoke in the presence of children or consume alcohol when children are at the
school. People who appear to be under the influence of alcohol or other drugs must not be in the
school when children are present.
11. Staff must supervise (see Supervision in Glossary) children at all times.
12. People working with children and counted in the staff -child ratio must be free from other duties
except those directly involving the teaching, care, and supervision of children. These responsibilities
include keeping the group's area clean. Administrative and clerical functions (see Glossary) that
take the staff's attention away from the children, meal preparation, or janitorial duties must not be
included in the responsibilities of staff while counted in the staff -child ratio.
13. The school must ensure that children are not out of control.
14. The school must ensure that a child is released only to a parent or an adult designated by the parent.
15. If a parent calls to authorize the emergency release of a child, the school must verify that the caller is
actually the parent.
16. The school must have and follow a plan to verify the identity of a person authorized to pick up a
child but not known to the staff. For example: view the picture on the person's driver's license or
D.P.S. identification card and record the name and card number. The school keeps this identifying
information for 24 hours.
17. If one staff leaves and another staff is given responsibility for the children, the staff leaving must
provide the incoming staff with
a. any significant information he has about a child, and
b. a list of children present in the group. This may be the class roll sheet.
2400 081.208) Training
1. The school must orient new staff members in understanding children and in job expectations when
they begin work. The school must have documentation that each staff was oriented in the following.
a. the requirements in the "Minimum Standards for Kindergartens and Nursery Schools" and the
licensing law;
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b. the school's policies, including discipline, guidance, and release of children;
c. recognition of symptoms of child abuse, neglect, and sexual molestation and the responsibility and
procedure for reporting these; and
d. procedures to follow in handling emergencies (after the school has explored its environment for
external hazards and formulated its training plan accordingly). Emergencies include, but are not
limited to, fire, explosion, tornado, toxic fume, or other chemical release.
2. If volunteers are counted in the staff -child ratio for special activities only, the school must
a. ensure that each volunteer receives relevant orientation, and
b. obtain from each volunteer the statement required in 1400,2.b.
3. Staff must participate yearly in at least 15 clock hours of training (see Glossary) in understanding
children and improving job performance.
The director must participate yearly in at least 20 clock hours of training. At least six clock hours
must be in staff supervision.
The training must be documented in the staff's record at the school. A year is defined as 12 months
from the date of employment.
2500 081.209) Staff -Child Ratio
1. In a kindergarten or nursery school, the number of children must not exceed the following:
Age of Youngest
Number of Children of
Maximum Number of Children to
Child in Group
Youngest Age
be Supervised by One Staff
2 years
If there are five or
11
more 2 -year-olds
2 years
If there are no more
13
than four 2 -year-olds
3 years
If there are seven or
15
more 3 -year-olds
3 years
If there are no more
17
than six 3 -year-olds
4 years
If there are 11 or
18
more 4 -year-olds
4 years
If no more than 10
20
children are 4 years old
5 years
If there are 13 or
24
more 5 -year-olds
5 years
If no more than 12
26
children are 5 years old
6 years
28
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a. Up to 35 children may be in regular classroom activities as long as the staff -child ratio is main-
tained.
b. The school may combine more than 35 children for joint activities of limited duration (not to
exceed 30 minutes) as long as the staff -child ratio is maintained. If all children in the group are age
5 or older, the school may extend the duration to a maximum of one and a half hours.
c. In determining the staff -child ratio, the following apply:
(1) the school must use the developmental or emotional age of mentally retarded or emotionally
disturbed children as determined by a qualified consultant (see Consultation Services for Chil-
dren with Need for Special Care in Glossary), and
(2) the school must maintain staff -child ratios as stated in standard 2500, 1 except during trans-
portation, water activities, and field trips.
2. Each child must have a staff who is responsible for the child and who is aware of details of the child's
habits, interests, and any special problems. Staff must know the child's name and have information
showing his age.
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BUILDINGS, GROUNDS, AND EQUIPMENT
3100 081.210) Space
1. There must be at least 20 square feet of indoor activity space, measured wall-to-wall on the inside, for
each child in the school. The measurement does not include single -use areas (see Glossary).
2. The school must have an outdoor play space of at least 80 square feet for each child using the area at
one time.
3. All outdoor play areas regularly used by children must be accessible by a safe route and enclosed by a
building or fence at least 4 feet high with at least two exits. An entrance to the building may count as
one exit, but one exit must be away from the building. Staff must be able to open exits immediately in
an emergency.
3200 081.211) Furnishings
The school must ensure the following:
1. a working telephone with a listed number.
2. children have storage available for personal belongings.
3. comfortable seating is available for the children.
3300 (§81.212) Equipment
1. The school must provide indoor and outdoor equipment and materials (see Glossary) appropriate to
the developmental needs, individual interests, and ages of the children. These items must correspond
to the school's educational goals. There must be a sufficient amount of equipment and materials to
avoid excessive competition among the children or long waits for materials.
2. If the school's educational goals do not require the equipment listed in the Glossary, the school must
have the following:
a. a statement of the instructional goals of each curriculum area and instructional level. The school
must give each parent a copy of this statement. The school also must make this statement availa-
ble to the department.
b. enough materials and a variety of equipment to support the teaching program.
(1) Tbachers and children must have access to the materials and equipment.
(2) The school must have on file a list of equipment and material that support each instructional
goal.
Section 3000
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3400 081.213) Toilet Facilities
1. The school must have inside toilets located and equipped so children can use them independently and
staff can supervise as needed. Bathroom doors must have no locks within the children's reach. Chil-
dren must have privacy in the use of the bathroom as needed.
2. There must be one flush toilet for every 20 children.
a. Urinals may be counted in the ratio of children to toilets, but they must not exceed 50% of the
total number of toilets. Bathrooms that contain urinals must also have flush toilets.
b. Potty chairs may be used, but they must not be counted in the ratio of children to toilets. They
must be sanitized after each use.
3. There must be one lavatory for every 20 children.
3500 081.214) Use of Facility
If programs not subject to regulation use the same facilities, the school must not use any space at the
same time another program is using that space.
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FIRE, SANITATION, AND SAFETY
4100 081.2151 Fire
1. In case of fire or danger of fire or explosion, the school's first responsibility is to evacuate the children
to a designated safe area.
a. The school must supervise children until the fire department determines the building is safe to re-
enter or until the children are picked up by their families.
b. The school must contact the fire department in case of fire or danger of fire, explosion, toxic fume,
or other chemical release.
2. The school must have an annual fire inspection with a written report by a local or state fire marshal.
The school must make any corrections called for in the report and must comply with any restrictions
imposed by the fire inspector.
3. The school must have at least one fire extinguisher approved by the fire marshal. The school must
mount the extinguisher on the wall by the hanger or bracket provided so that all staff can reach and
use the extinguisher. The school must make the extinguisher readily available for immediate use by
the staff. The school must inspect the fire extinguisher monthly, record the date, and ensure the extin-
guisher is serviced when required.
4. By January 1, 1986, the school must ensure the building is equipped with smoke detectors installed
and maintained according to the manufacturer's instructions and in compliance with requirements of
the local fire code.
5. The school must have emergency evacuation and relocation plans posted in each room the children
use. The plan must show two exit paths from each room unless the room opens directly to the out-
doors at ground level. The school must practice a fire drill every three months and must practice
other emergency procedures once each year.
6. The school must have a flashlight or other battery -powered lighting available to use in case of electri-
cal failure.
7. The school must ensure that all children and staff are able to exit safely from the building within
three minutes in an emergency.
a. A school must not allow children on any level above or below the ground floor unless the school
obtains the specific written approval of a fire marshal for use of other levels.
b. A school must have at least two exits to the outside located in distant parts of the building. An
exit through a kitchen or other hazardous area cannot be one of the required exits unless specifi-
cally approved in writing by the fire marshal.
Section 4000
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c. If any doors open into a fenced yard, children must be able to open the doors easily from inside the
school. The school must not have any locked doors between rooms while children are present.
d. The school must not have any blocked doors or pathways.
8. The school must ensure that heating devices and areas near heat sources are not fire hazards and
present no hazard to children.
a. If the school has gas appliances, the school must ensure that the appliances have metal tubing and
connections unless approved in writing by the fire marshal.
b. Open flame space heaters are prohibited. Space heaters must be enclosed and have the seal of
approval of a test laboratory approved by the fire marshal. The school must safeguard floor and
wall furnace grates so that children do not have access to them.
c. If the school has liquid or gas fuel heaters, the school must properly vent them to the outside.
Unvented liquid or gas fuel heaters are prohibited.
d. If the school uses a fireplace or wood -burning stove, the school must properly vent it to the out-
side. The school must install a rigid screen or guard to prevent children from falling into the fire or
against the stove.
9. The school must ensure that gas pipes are tested annually for leaks
4200 081.216) Sanitation
1. The school must have an annual sanitation inspection with a written report by a local or state sanita-
tion official. The school must make any corrections and must comply with any restrictions stated in
the report.
2., The school must keep its building, grounds, and equipment cleaned, repaired, and maintained to pro-
tect the health of the children.
3. The school must have adequate light, ventilation, and heat.
4. The school must have an adequate supply of water meeting the standards of the Texas Department of
Health for drinking water. If possible, the source of water must be a public drinking water system.
5. The school must ensure that drinking water is always available to children. The school must supply
the water in a safe and sanitary manner.
6. The school must ensure that the temperature of hot water available to children is controlled by a ther-
mostat so the water cannot scald (no higher than 120 degrees Fahrenheit).
7. The school must have adequate and safe flush toilets and sewage systems. If possible, the school
must be connected to a public sewage system. If public sewers are not available, the school must have
treatment facilities that meet the standards of the Texas Department of Health and that are
approved by the local health authority.
Section 4000
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8. The school must keep all garbage in containers with tight lids. The garbage must be kept away from
areas used by children. The school must remove garbage from the building daily and from the school
at least once a week.
9. The school must take measures to keep the school free of insects and rodents.
10. Staff and children must wash their hands with soap and running water after using the toilet and
before eating. Staff must wash hands with soap and running water before and after assisting a child
with toileting, handling food, and caring for a child with symptoms of a communicable disease.
11. If children use washcloths or cloth towels, the school must ensure that each child has a clean individ-
ual cloth. If paper towels or facial tissues are furnished, the school must provide a clean individual
paper towel for each child.
4300 081.217) Safety
1. The school must keep its building, grounds, and equipment repaired and maintained to protect the
safety of children.
a. The school must have child -proof covers or safety outlets on electrical outlets accessible to chil-
dren younger than 5 years old. If 220 -volt electrical connections are within the children's reach, the
school must cover them with a screen or guard.
b. The school's air conditioners, electric fans, and heaters must be mounted out of children's reach or
have safeguards that keep children from being injured.
c. The school must equip stairs, porches, and platforms more than 2 feet above the ground with rail-
ings the children can reach.
d. The school must keep its play area free from standing water and sharp objects. The school must
keep tanks, ponds, open wells, drainage ditches, sewage pipes, dangerous machinery, and other
hazards fenced to keep the children out. The school must not have garbage cans or highly flamma-
ble material in the play area. Covered trash cans are permitted (see Glossary).
2. Indoor and outdoor equipment and supplies used both at and away from the school must be safe for
the children.
a. Outdoor play equipment must be placed away from busy areas in the yard and securely anchored
unless portable by design.
b. The school must not allow toys that explode (such as caps) or that shoot things (such as darts or
BBs).
c. The school must ensure that both indoors and outdoors children do not have access to toxic sub-
stances.
Section 4000
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d. All swing seats must be constructed of durable, lightweight, relatively pliable material, such as
rubber or nylon webbing.
e. All heavy equipment must be installed in a manner to prevent tipping over or collapsing.
f. The school must not allow children to use
(1) climbing equipment or swings on concrete or asphalt, or
(2) swings with concrete or asphalt in the fall zone (see. -Glossary).
g. The school must ensure that no equipment has openings or angles that could entrap (see Glossary)
a child's head.
h. The school must ensure that no pinch, crush, or shear points are on equipment (such as exposed or
open gears on rotating devices) or underneath equipment (such as axle assemblies on rotating
devices).
3. The school must have first aid supplies (see Glossary) readily available to staff in a designated loca-
tion out of the children's reach. The school must have a guide to first aid and emergency care immedi-
ately accessible.
Section 5000
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PHYSICAL HEALTH
5100 081.218) Health Requirements for Children
1. The school must have on file within one week of admission evidence that each child is physically able
to take part in the school program. Any of the following constitutes compliance:
a. A written statement from a licensed physician who has examined the child within the past year;
b. A copy of the medical screening form of the Early and Periodic Screening, Diagnosis and Treat-
ment (EPSDT) Program if no referral for further diagnosis and treatment is indicated;
c. A form or written statement from a health service or clinic, such as
(1) Head Start physical exam,
(2) well-child conferences or clinics,
(3) maternity and infant programs,
(4) children and youth programs; or
d. A signed statement from a parent
(1) giving the name and address of a licensed physician who has examined the child within the
past year and states that the child is able to participate in the program. This must be followed
within 12 months by a document as described in a, b, or c;
(2) giving the name and address of the physician with whom an appointment for examination has
been made or the address of the EPSDT screening site where the examination will take place.
Following the examination, the parent must submit a document as described in a, b, or c; or
(3) stating that medical diagnosis and treatment are against the parent's religion.
2. The school must keep current immunization records for each child. (See Appendix III for immuniza-
tion requirements.) The school must ensure that each child's immunization record includes the child's
birth date, the number of doses and type, and the dates (month, day, and year) the child received each
immunization. The school's compliance with the standard is measured by one or more of the following
for each child:
a. a dated record that the child has been immunized against diphtheria, tetanus, pertussis, polio,
measles, mumps, and rubella. There must be
(1) a record with a rubber stamp or signature of the physician or health personnel, or
(2) a machine or handwritten copy of the immunization record. Staff copying the information
must sign the handwritten copies.
Section 5000
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b. a dated statement from a licensed physician or other authorized health personnel that immuniza-
tions against at least one of the diseases in standard 5100. 2.a. have begun. The immunization
cycle must be completed as soon as is medically feasible. The school must have a current immuni-
zation record on file.
c. a certificate signed by a licensed physician stating that the required immunization would be injuri-
ous to the health and well-being of the child or a member of the child's family or household.
d. an affidavit (notarized statement) signed by the parent that the immunization conflicts with the
parent's religious beliefs and practices.
e. a dated statement signed by the parent that the child's immunization record is current and is on
file at a regulated facility the child attends. The parent must include the name of the facility in the
statement.
3. The school must have a record showing that the child has been tested for tuberculosis according to
recommendations of the Texas Department of Health if the local health authorities or the regional
office of the Texas Department of Health recommends a test.
A dated statement signed by the parent that the child's tuberculosis test record is current and is on file
at a regulated facility the child attends also complies. The parent must include the name of the facility in
the statement.
5200 081.219) Illness or Injury
1. A child who appears ill must not be admitted to the school unless approved in writing by health per-
sonnel (see Glossary).
2. The school must handle illness or injury to protect the health of all children in the school.
a. The school must provide an ill or injured child with a bed, cot, or mat away from the other children.
The school must call the child's parent immediately. The child must be supervised until he leaves
the school.
b. The school must plan how it would provide emergency care for an injured child, a child with symp-
toms of acute illness, and a child who is choking or not breathing. The planning must include the
continued supervision of other children in care.
c. The school must give the child first aid or cardiopulmonary resuscitation, if needed. In the case of
a critical illness or injury, the school must call the physician named by the parent, take the child to
the nearest emergency room or minor emergency clinic, or call for an emergency vehicle.
3. The school must follow the recommendations of the Texas Department of Health concerning the
admission or readmission of any child after a communicable disease (see Appendix V).
Section 5000
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5300 081.220) Medications
1. If a school agrees to administer medications, the school must administer the medication to the child
as follows:
a. Prescription medications must be in the original container labeled with the child's name, a date,
directions, and the physician's name. The school must administer the medication as stated on the
label directions. The school must not administer medication after the expiration date.
b. The school must ensure that nonprescription medication is labeled with the child's name and the
date the medication was brought to the school. Nonprescription medication must be in the original
container. The school must administer it according to label directions if approved in writing by
health personnel or the child's parent (see Glossary).
c. The school must document each dose of medication administered showing the child's name; the
name of the medicine; date, time, and amount administered; and the name of the staff administer-
ing the medicine. The record must be kept for two weeks.
2. The school must keep medications out of children's reach or in locked storage.
3. The school must keep medications requiring refrigeration separate from food.
4. The school must return medications when no longer needed to the child's parent. The school must dis-
pose of medications when a child withdraws from the school or when the medicine is out of date.
Section 5000
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5400 ( §81.221) Emergency Phone Numbers
1. The school must post the following emergency telephone numbers by a telephone accessible to all
staff. This telephone must not be a pay phone.
a. Ambulance service or emergency medical services (EMS).
b. Police or sheriff's department.
c. Fire department.
d. Poison control center.
e. Local DHR children's protective services office or child abuse hotline.
f. The school (with address).
2. The school must keep the following telephone numbers in a place accessible to the telephone and to all
staff:
a. numbers at which parents may be reached, and
b. numbers of the physicians designated by the parents.
5500 081.222) Animals
1. The school must ensure that animals on the premises have been vaccinated according to a licensed
veterinarian's recommendations. The school must have documentation of the vaccinations.
2. The school must keep the school and play yard free of stray animals. The school must not allow chil-
dren to play with stray animals.
Section 6000
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FOOD SERVICE AND NUTRITION
6100 1§81.223) Food Service
1. The school must ensure that all food and drink served are of safe quality and are stored, prepared, dis-
tributed, and served under sanitary and safe conditions. The school must wash and sanitize food ser-
vice equipment (see Appendix VI).
2. The school must practice good hygiene when handling food. Staff with open or infected wounds must
not work in the food preparation area. No one may smoke in any of the food areas.
3. The school must discard single -service napkins, bibs, dishes, and utensils after use. Washable nap-
kins, bibs, and tablecloths must be cleaned after each use.
4. The school must encourage, but not force, children to eat. The school must discuss recurring eating
problems with the child's parent.
5. Cleaning supplies must be clearly marked, kept separate from food, and kept inaccessible to children.
Section 7000
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ACTIVITIES
7100 081.224) Operation
1. The school must provide activities for each group according to ages, interests, and abilities of the chil-
dren -The activities must be appropriate to each child's health, safety, and well-being. The activities
also must be flexible and promote each child's physical, emotional, social, and mental growth.
a. The school must provide physical care routines appropriate to each child's developmental needs.
b. The school must ensure that indoor and outdoor time periods include
(1) alternating active and quiet activities,
(2) opportunity for individual and group activities, and
(3) outdoor time each day that weather permits.
2. The school must ensure the children's safety on field trips and excursions and during transportation
provided by or for the school. Transportation includes, but is not limited to, transportation provided
between home and the school and between the school and day care center. (See section 7700 for addi-
tional transportation standards.)
a. At least 48 hours before a field trip, the school must post in a prominent place a notice showing
which group of children will be on the trip and where and when they will go. The school must
ensure that the notice remains posted until the group returns to the school.
b. Staff supervising children must have immediate access to emergency medical forms and emer-
gency contact information for each child in the group.
c. Staff must have a written list of the children in the group and must check the roll frequently.
d. Staff must have first aid supplies (see Glossary) available on field trips.
e. When children are on a field trip in an enclosed, controlled area, the school must maintain the staff -
child ratio as outlined in standard 2500, 1. An example would be an event planned for the group
including, but not limited to, skating, dancing, or gymnastic classes; library story time; or tours.
Section 7000
K&NS
Page 24
DHR 5-85
f. When children are on a field trip and mixing with other children or adults, the adult -child ratio
must be as follows:
Maximum Number of Children
Age of Youngest to be Supervised
Child in Group by One Adult
2 years
6
3 years
8
4 years
9
5 years
11
6 years
15
Examples of this situation would be trips to shopping centers, amusement parks, and the circus or other
activities in areas open to the general public.
(1) The number of regular staff supervising this type of field trip must be at least equal to the
number required in standard 2500, 1. Staff may be supplemented by parents or volunteers
trained in the school's field trip procedures.
(2) Children must have name tags or other identification listing the name and phone number of
the school.
g. Staff supervising a field trip must have transportation or a plan for transportation at the field trip
location in case of emergency.
7200 081.225) Discipline and Guidance
1. The school must ensure that discipline and guidance are consistent, are based on an understanding of
individual needs and development, and promote self-discipline and acceptable behavior.
2. There must be no cruel, harsh, or unusual punishment or treatment.
a. Staff must not shake, bite, or hit the children. No child under 5 years old must ever be spanked.
The school must not put anything in or on a child's mouth as punishment.
b. If the governing body believes that it is necessary to spank children who have passed their fifth
birthday, the school must have a statement on file that it is the school's policy to permit physical
punishment. The statement of the rules that the school has adopted concerning the administration
of physical punishment must include that spanking be done only with a staff's open hand on a
child's buttocks. Each incident must be witnessed by another staff and documented in the school's
records. The school must inform the parents in writing of the policy and must have the parents'
signed approval. (See Appendix IV for alternative methods of discipline.)
c. The school may use brief, supervised separation from the group if necessary, but the school must
not place children in a locked room or in a dark room with the door closed.
d. The school must not humiliate or subject children to abusive or profane language. The school must
not associate punishment with food, naps, or toilet training.
Section 7000
K&NS
Page 25
DHR 5-85
7300 081.226) Children with Need for Special Care
The school must ensure that children who need special care at school because of disabling or limiting
conditions are given the care and activities qualified psychologists, physicians, or other experts recom-
mend.
7400 081.227) Water Activities
1. When a school uses a splashing or a wading pool with less than 2 feet of water, the following apply:
a. The school must meet the staff -child ratio for wading:
Age of Youngest Number of Maximum Number
Child in Group Staff of Children
2 years 2 11
3 years 2 13
4 years 1 18
5 years 1 22
6 years 1 25
b. When a child under 4 years old is in the water, two staff members must supervise.
c. When the pool is not in use, staff must keep it out of the children's reach. Pools that can be drained
must be drained; those that cannot must meet the requirements in standard 7400, 2.a.
2. When a -school uses a swimming pool (more than 2 feet of water), the following apply:
a. At the school, the pool must be enclosed by a fence at least 6 feet high and built so children cannot
easily climb over it. The school must keep the gate locked when the pool is not in use.
b. One lifesaving device must be available for each 2,000 square feet of water surface with a mini-
mum of two for each pool.
c. A certified lifeguard must be on duty at all times. This person must not be counted in the staff -
child ratio if people other than the children from the school are swimming.
d. Staff must be able to see clearly all parts of the pool, including the bottom.
3. The school must ensure that all drain grates are in place, are in good repair, and cannot be removed
without using tools.
Section 7000
K&NS
Page 26
DHR 5-85
4. The staff -child ratio for swimming is as follows:
Age of Youngest Number of Maximum Number
Child in Group Staff of Children
2 years 1 6
3 years 1 8
4 years 1 12
5 years 1 15
6 years 1 18
a. The number of regular staff supervising swimming activities must be at least equal to the number
required by standard 2500, 1. The number may be supplemented by parents or volunteers trained
in the school's procedures for supervising swimming.
b. Adults included in the staff -child ratio for swimming must be able to swim and must constantly
supervise the swimming activity.
c. When four or more children are swimming, two adults must be present.
5. When children are in a pool which has a pump and filtering system, an adult who is able to turn off
the system immediately must be present.
6. The school must ensure that pool chemicals are inaccessible to children and that machinery rooms are
locked.
7. All pools the school uses must be maintained as stated in the standards of the Texas Department of
Health and local regulations.
7500 081.228) Transportation
1. Effective July 1, 1985, if a school provides transportation, each child being transported must ride in a
child seat or a seat belt, as appropriate to the child's age and size.
This requirement applies to all transportation including, but not limited to, transportation to and
from the school, to and from a day care center, and on field trips.
This requirement applies to any vehicle used by or for the school to provide transportation, regard-
less of whether owned by the school and regardless of the type of vehicle - automobile, van, school
bus, or other.
a. Appropriateness is determined as follows:
(1) The school must ensure that each child age 2 and older rides in either a child seat that is a
dynamically crash -tested child passenger restraint device manufactured according to federal
standards or in a seat belt. Only one person may use each seat belt.
Section 7000
K&NS
Page 27
DHR 5-85
(2) A child may ride in a shoulder harness and seat belt if the shoulder harness goes across the
child's chest and not across the child's face or neck.
b. The school must properly anchor each restraint device and use the device according to the manu-
facturer's specifications.
c. If a parent provides equipment for the school to use for transporting the child, the equipment
must meet the specifications stated in this rule.
2. Effective July 1, 1985, the driver and all adult passengers in a vehicle transporting school children
must be properly restrained by a seat belt when the vehicle is in motion.
3. The school must load and unload children at the curb side of the vehicle or in a protected parking area
or driveway. The school must ensure that children do not cross a street unsupervised after leaving a
vehicle.
4. The school must keep first aid supplies (see Glossary) in all school vehicles transporting children.
5. The school must equip all school vehicles used for transporting children with a minimum of one 6-13C
portable fire extinguisher. The fire extinguisher must be installed in the passenger compartment of
the vehicle and must be accessible to the adult occupants.
6. The staff -child ratio in standard 2500, 1 must be met during transportation. The driver is counted in
the staff -child ratio. For children ages 2 and 3, at least two adults must be present.
K&NS
Glossary
Page 28
DHR 5-85
GLOSSARY
081.229) Glossary
Abuse — Nonaccidental infliction or threat of infliction of physical, emotional, or mental harm to a child.
Activity Space — Area or rooms used for children's activity including those separate from a group's
classroom. (See also Single -use Area.)
Administrative Functions — Functions which involve the management of a kindergarten or a nursery
school such as bookkeeping, enrolling children, answering the telephone, and collecting fees.
Admission — The process of entering a child in a school. The date of admission is the first day on which
the child is actually present in the school.
Adult — A person 18 years old or older.
Application — The form the department furnishes to gather information about and to document the
intent of the governing body to set up a kindergarten or nursery school. The application also includes all
material required to be submitted 'to the department.
Attendance — Children actually present in the school at any given time. (Not to be confused with enroll-
ment.)
Child — A person who has not reached his eighteenth birthday.
Child Development Associate Credential — A credential which is highly desirable for staff working
directly with young children; based on assessed competency in several areas of child care and child devel-
opment. Child development training is available in the public community and junior college system as
well as in four-year colleges, either in regular child development, vocational programs, or through adult
continuing education courses.
Children with Need for Special Care — Children with disabling or limiting conditions which prevent or
limit participation in the normal activities of the school and which may require additional supervision.
Disabling or limiting conditions include visual impairment or deafness, other physical disabilities, men-
tal retardation, emotional disturbance, or learning disabilities.
Consultation Services for Children with Need for Special Care — Qualified consultants include psycholo-
gists, special education counselors, educational diagnosticians, special education supervisors, teachers
certified by the Ibxas Education Agency to teach mentally retarded or emotionally disturbed children,
pediatricians, licensed registered nurses, child psychiatrists, and MSW social workers skilled in assess-
ing normal and unusual developmental problems in children.
Such consultants may be found in state schools and hospitals, MHMR centers, human development
centers, public school special education departments, university psychology or special education depart-
ments, and the state listing of certified psychologists. (Copies of "Roster -Texas State Board of Exam-
iners of Psychologists" can be found in local DHR offices or can be ordered from the state office
Business Management Bureau.)
K&NS
Glossary
Page 29
DHR 5-85
Continuing Education Unit (CEU) — A certificate granted by an eductional institution to a person who
has completed a training course. (One CEU is granted for 10 clock hours of formal training.)
Day Care — The care, supervision, and guidance of a child or children unaccompanied by a parent,
guardian, or custodian on a regular basis, for a period of less than 24 hours per day, and in a place other
than the child's or children's own home or homes.
Department (DHR) — Used in this document to refer only to the Texas Department of Human
Resources.
Direct Child Care or Direct Teaching — The supervision, guidance, and care of children as compared to
food service, janitorial functions, or administrative functions.
Director — That person the governing body designates to assume daily on-site responsibility for the
operation of a kindergarten or nursery school, including maintenance of minimum standards. In multiple
facilities under a chief administrative officer, the director is the person physically present at each kinder-
garten and nursery school.
Enrollment — The list of names of children registered with the school. (Not to be confused with attend-
ance.)
Entrapping Equipment — A component or group of components on play equipment that forms angles or
openings that could trap a child's head by being (1) too small to allow the child to withdraw his head eas-
ily, and (2) placed so that the child would be unable to support his weight by means other than his head or
neck.
Equipment and Materials — Include, but are not limited to, books; art materials; music materials;
manipulative materials; blocks and block accessories; dramatic play materials, including homemaking
materials and dolls; science materials; and climbing equipment.
Facility — Includes people, administration, governing body, activities (on or off the premises), opera-
tions, buildings, grounds, equipment, furnishings, and materials.
Fall Zone — An area extending 4 feet from climbing structures; 5 feet from the bottom of a slide (other
parts of the slide are climbing structures); 7 feet plus the length of the swing's chain from its point of
suspension; and 7 feet from a merry-go-round and other revolving devices.
First Aid Supplies — Required supplies include multi -size adhesive bandages, gauze pads, tweezers, cot-
ton balls, hydrogen peroxide, syrup of ipecac, and a thermometer.
Food Service — The preparation or serving of meals or snacks.
Garbage — Waste food or items which, when deteriorating, cause offensive odors and attract rodents,
insects, and the like.
Governing Body — The entity with ultimate authority and responsibility for the overall operation of the
kindergarten or nursery school. All governing bodies will be one of the following types:
1. Sole proprietorship — Owned by an individual with the legal right and responsibility to possess,
operate, sell, and otherwise deal with the facility. May include a facility owned in common by hus-
band and wife.
K&NS
Glossary
Page 30
DHR 5-85
2. Partnership — Combination by contract of two or more people who use their money, labor, and
skill to carry on a continuing business, dividing the profits and sharing the losses in an agreed
manner. Includes general and limited partnerships.
3. Corporation — An intangible entity created by individuals to operate for profit but to limit indi-
vidual liability. Organized according to the Texas Business Corporation Act or similar act of
another state as evidenced by its Articles of Incorporation.
4. Nonprofit corporation — Equivalent of "not for profit corporation." None of the income is distrib-
uted to members, directors, or officers. Organized under the Texas Non -Profit Corporation Act.
5. Nonprofit corporation with religious affiliation — Has nonprofit corporation status and is oper-
ated by, responsible to, or associated with an organization of individuals devoted to religious pur-
poses. Does not include those whose relationship with a religious organization is only for
business, such as those who only lease space.
6. Association — A combination of individuals and interests of some kind without IRS tax-exempt
status. Not organized under the Texas Business Corporation Act.
7. Nonprofit association — Combination of individuals and interests of some kind, synonymous
with "society," with operations devoted to charitable, benevolent, religious, patriotic, or educa-
tional purposes. Not organized under the Texas Business Corporation Act.
8. Nonprofit association with religious affiliation — Combination of individuals and interests of
some kind, synonymous with "society," with operations devoted to religious purposes. Not orga-
nized under the Texas Business Corporation Act. Operated by, responsible to, or associated with
an organization of individuals devoted to religious purposes. Does not include those whose rela-
tionship with a religious organization is only for business, such as those who only lease space.
9. State operated — Operated by, under the direct jurisdiction of, and responsible to an agency of
the state of Texas.
10. Other political subdivision — Operated by and under the jurisdiction of a county municipality,
school district, or other political entity.
Governing Body Designee — The person named on the application as the designated representative of a
governing body that is not a sole proprietorship or partnership.
Group — A specific number of children assigned to specific staff. Each child in any group has the follow-
ing in common with every other child in his group: (1) the same staff responsible for the child's basic
needs, and (2) the same classroom or activity space.
Group Child Care — Care for seven or more children when at least one of the children is not related to the
caregiver.
Handwashing — Rubbing hands together with soap under running water.
Health Personnel — A licensed physician, a licensed registered nurse, or a person providing preventive,
diagnostic, or therapeutic medical care to individuals in the community.
K&NS
Glossary
Page 31
DHR 5-85
Janitorial Functions — Those services which involve cleaning and maintenance above that which is
required for the continuation of the program, such as cleaning carpets, washing tables, and the like.
Sweeping after an activity or mopping up spills may be necessary for continued use of the classroom, but
total sweeping, vacuuming, or mopping of a classroom is a janitorial function.
Kindergarten Class — A class planned for children who will be in first grade the next September.
Kindergarten or Nursery School Activities — Those services and activities which are provided by a kin-
dergarten and nursery school: the daily schedule.
Kindergarten or Nursery School Area — That area specifically licensed for use by the kindergarten or
nursery school. This may include a specific portion or portions of the building and grounds of a larger
facility or one or more buildings at the same location. The indoor and outdoor area designated in the plan
of operation.
Kindergarten and Nursery School — Any facility whether or not known or incorporated under such
descriptive title or name as "Nursery School," "Child Play School," "Child Development School,"
"Early Childhood School," and the like. Any facility receiving children for care and activities, which has
been licensed as a kindergarten or nursery school. This term applies to program, buildings, grounds, fur-
nishings, and equipment.
Kindergarten and Nursery School Location — The street address where the kindergarten and nursery
school is located; the lot or lots on which the building or buildings are located.
Kindergarten and Nursery School Program — Those services and activities provided by a school: the
daily schedule.
License — A complete document issued to the governing body of a school authorizing the licensee to
operate at a specified location according to the provisions of the license, the law, and the rules and regu-
lations of the Texas Department of Human Resources.
Neglect — Nonaccidental failure or threatened failure to provide a child with the physical and emotional
requirements for life, growth, and development.
Parent — Used in this document to refer to parent, legal guardian, or managing conservator.
Plan of Operation — The form the department furnishes on which the governing body outlines the plans
for operating the school.
Probation — A sanction placed on a school instead of revocation. Under probation, the school may
remain open and continue to accept children.
Provisional License — A license the department issues to a school whose plans meet the department
requirements but which is (1) not currently operating, (2) not licensed for the location stated in the appli-
cation, or (3) changing ownership.
K&NS
Glossary
Page 32
DHR 5-85
Sexual Abuse or Sexual Molestation — Any sexually oriented act or practice involving staff or another
adult and a child in care. Examples include fondling, sexual intercourse, sexual stimulation, sodomy,
incest, rape, and using the child in sexually explicit films or pictures.
Single -use Areas — Include, but are not limited to, bathrooms, hallways, storage rooms, cooking
areas of kitchens, and indoor swimming pools.
Staff — Any person responsible for working in contact with children whether paid or unpaid.
Supervision — Care for a child or group of children. This includes awareness of and responsibility
for the ongoing activity of each child. It requires physical presence, knowledge of activity require-
ments and children's needs, and accountability for their care. This includes staff being near enough
to children to intervene when needed.
Teaching Staff — People whose primary duties include direct care, supervision, and guidance of
children in a kindergarten or nursery school.
Training — Time spent in workshops; conferences of child care, early childhood, or educational
associations; formal schooling; self -instructional materials; or planned learning opportunities pro-
vided by the director, other staff, or consultants. Training must be in subject areas such as child
care, child development, and early childhood education. Training for directors may also be in super-
vision of staff or program administration.
Trash/Litter — Paper products, plastic, cloth, and the like.
Water Activities — Related to the use of splashing pools, wading pools, swimming pools, or other
bodies of water.
K&NS
Appendix I
Page 33
DHR 5-85
INTRODUCTION
The Child Care Licensing Act of 1975, formerly
Texas Revised Civil Statues Annotated, Article 695a-
3, is now Chapter 42 of the Human Resources Code.
The correct citation is Human Resources Code, Chap-
ter 42.
CHAPTER 42, REGULATION OF CHILD-CARE FACILITIES
SUBCHAPTER A.
GENERAL PROVISIONS
Sec. 42.001. PURPOSE
Sec. 42.001. DEFINITIONS
(Sections 42.003-42.020
reserved for expansion)
SUBCHAPTER B.
ADMINISTRATIVE PROVISIONS
Sec. 42.021.
DIVISION DESIGNATED
Sec. 42.022.
STATE ADVISORY COMMITTEE
Sec. 42.023.
ANNUAL REPORT
Sec. 42.024.
ADMINISTRATIVE PROCEDURE
Sec. 42.047.
(Sections 42.025-42.040
Sec. 42.048.
reserved for expansion)
SUBCHAPTER C. REGULATION OF
LICENSING
CHILD-CARE FACILITIES
Sec. 42.041. REQUIRED LICENSE
Sec. 42.042. RULES AND STANDARDS
Sec. 42.043.
RULES FOR IMMUNIZATIONS
Sec. 42.044.
INSPECTIONS
Sec. 42.045.
RECORDS
Sec. 42.046.
LICENSE APPLICATION
Sec. 42.047.
CONSULTATIONS
Sec. 42.048.
ADVISORY OPINIONS
Sec. 42.049.
LICENSING
Sec. 42.050.
LICENSE RENEWAL
Sec. 42.051.
PROVISIONAL LICENSE
Sec. 42.052.
CERTIFICATION AND
REGISTRATION
Sec. 42.053.
AGENCY HOMES
(Sections 42.05442.070
reserved for expansion)
SUBCHAPTER D. REMEDIES
Sec. 42.071. LICENSE SUSPENSION AND
PROBATION
Sec. 42.072.
LICENSE DENIAL OR REVOCA-
TION
Sec. 42.073.
CLOSING A FACILITY
Sec. 42.074.
INJUNCTIVE RELIEF
Sec. 42.075.
CIVIL PENALTY
Sec. 42.076.
CRIMINAL PENALTIES
K&NS
Appendix I
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DHR 5-85
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 42.001. PURPOSE. The purpose of this chap-
ter is to protect the health, safety, and wellbeing of
the children of the state who reside in childcare facili-
ties by establishing statewide minimum standards
for their safety and protection and by regulating the
facilities through a licensing program. It is the policy
of the state to ensure the protection of all children
under care in child-care facilities and to encourage
and assist in the improvement of childcare programs.
It is also the intent of the legislature that freedom of
religion of all citizens is inviolate, and nothing in this
chapter gives a governmental agency authority to
regulate, control, supervise, or in any way be
involved in the form, manner, or content of religious
instruction or the curriculum of a school sponsored
by a religious organization.
Sec. 42.002. DEFINITIONS. In this chapter:
(1) "Child" means a person under 18 years of age.
(2) "Division" means the division designated by
the department to carry out the provisions of this
chapter.
(3) "Child-care facility" means a facility that pro-
vides care, training, education, custody, treatment, or
supervision for a child who is not related by blood,
marriage, or adoption to the owner or operator of the
facility, for all or part of the 24-hour day, whether or
not the facility is operated for profit or charges for
the services it offers.
(4) "Child-care institution" means a child-care facil-
ity that provides care for more than 12 children for 24
hours a day, including facilities known as children's
homes, halfway houses, residential treatment camps,
emergency shelters, and training or correctional
schools for children.
(5) "Foster group home" means a facility that pro-
vides care for 7 to 12 children for 24 hours a day.
(6) "Foster family home" means a facility that pro-
vides care for not more than six children for 24 hours
a day.
(7) "Day-care center" means a facility that pro-
vides care for more than 12 children under 14 years of
age for less than 24 hours a day.
(8) "Group day-care home" means a facility that
provides care for 7 to 12 children under 14 years of
age for less than 24 hours a day.
(9) "Registered family home" means a facility that
regularly provides care in the caretaker's own resi-
dence for not more than six children under 14 years of
age, excluding the caretaker's own children, and that
provides care after school hours for not more than six
additional elementary school siblings of the other
children given care, but the total number of children,
including the caretaker's own, does not exceed 12 at
any given time.
(10) "Family day home" means a facility that pro-
vides care for not more than six children under 14
years of age for less than 24 hours a day not in the
caretaker's own residence nor in the residence of one
or more of the children.
(11) "Agency home" means a private home that
provides care for not more than six children, that is
used only by a licensed child -placing agency, and that
meets division standards.
(12) "Child -placing agency" means a person other
than the natural parents or guardian of a child who
plans for the placement of or places a child in an insti-
tution, agency home, or adoptive home.
(13) "Facilities" includes child-care facilities and
child -placing agencies.
(14) "State of Texas" or "state" does not include
political subdivisions of the state.
(Sections 42.003-42.020
reserved for expansion)
SUBCHAPTER B.
ADMINISTRATIVE PROVISIONS
Sec. 42.021. DIVISION DESIGNATED. (a) The
department shall designate a division within the
department to regulate and license child-care facili-
ties and child -placing agencies. The division shall
enforce the provisions of this chapter and the rules
and standards adopted by the department under this
chapter and shall carry out other responsibilities the
department may delegate or assign.
(b) The commissioner of the department shall
appoint as director of the division a person who:
(1) meets the qualifications required of a child-
care administrator by Chapter 43 of this code;
(2) holds a graduate degree in social science or
law and has five years' administrative experience in a
field related to child -are; or
(3) has 10 years' experience in a field related to
child care, at least 5 of which must be administrative.
(c) The department shall employ sufficient person-
nel and provide training for the personnel to carry
out the provisions of this chapter.
(d) The director may divide the state into regions
for the purpose of administering this chapter.
Sec. 42.022. STATE ADVISORY COMMITTEE. (a)
The State Advisory Committee on Child-care Facili-
ties is composed of 15 citizens of this state appointed
by the commissioner.
(b) Members of the committee serve for terms of
two years.
(c) The members must represent the following
groups:
(1) parents, guardians, or custodians of children
who use the facilities;
(2) child advocacy groups;
(3) operators of the facilities; and
(4) experts in various professional fields that are
relevant to child care and development.
(d) At least three members of the division staff
shall meet with the committee, and the division shall
provide staff necessary for the committee.
(e) The committee shall review rules and minimum
standards for child-care facilities and child -placing
agencies promulgated by state agencies, and shall
advise the department, the division, the council, and
state agencies on problems of childcare facilities and
child -placing agencies.
(f) The committee shall receive and review the
annual report of the division.
(g) The committee shall meet twice a year, and the
members shall receive their actual travel expenses
and the state per diem.
Sec. 42.023. ANNUAL REPORT. (a) The division
shall send an annual report of its activities to the gov-
ernor, lieutenant governor, and members of the legis-
lature.
(b) The annual report shall include:
(1) a report by regions of applications for licen-
sure or certification, of provisional licenses issued,
denied, or revoked, of emergency closures and injunc-
tions, and of the compliance of state -operated agen-
cies with certification requirements;
(2) a summary of the amount and kind of inser-
vice training and other professional development
opportunities provided for division staff;
(3) a summary of training and other professional
development opportunities offered to facilities'
staffs; and
(4)a report of new administrative procedures, of
the number of staff and staff changes, and of plans
for the coming year.
(c) Copies of the annual report shall be available to
any state citizen on request.
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Appendix I
Page 35
DHR 5-85
Sec. 42.024. ADMINISTRATIVE PROCEDURE. The
Administrative Procedure and Texas Register Act
(Article 6252-13a, Vernon's Texas Civil Statutes)
applies to all procedures under this chapter except
where it is contrary to or inconsistent with the provi-
sions of this chapter.
(Sections 42.025-42.045
reserved for expansion)
SUBCHAPTER C. REGULATION OF
CHILD-CARE FACILITIES
Sec. 42.041. REQUIRED LICENSE. (a) No person
may operate a child-care facility or child -placing
agency without a license issued by the division.
(b) This section does not apply to:
(1) a state -operated facility;
(2) an agency home;
(3) a facility that is operated in connection with a
shopping center, business, religious organization, or
establishment where children are cared for during
short periods while parents or persons responsible for
the children are attending religious services, shop-
ping, or engaging in other activities on or near the
premises, including but not limited to retreats or
classes for religious instruction;
(4) a school or class for religious instruction that
does not last longer than two weeks and is conducted
by a religious organization during the summer
months;
(5) a youth camp licensed by the Texas Depart-
ment of Health;
(6) a hospital licensed by the Texas Department
of Mental Health and Mental Retardation or the
Texas Department of Health;
(7) an educational facility accredited by the Cen-
tral Education Agency or the Southern Association
of Colleges and Schools that operates primarily for
educational purposes in grades kindergarten and
above;
(8) an educational facility that operates solely for
educational purposes in grades kindergarten through
at least grade two, that does not provide custodial
care for more than one hour during the hours before
or after the customary school day, and that is a mem-
ber of an organization that promulgates, publishes,
and requires compliance with health, safety, fire, and
sanitation standards equal to standards required by
state, municipal, and county codes;
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(9) a kindergarten or preschool educational pro-
gram that is operated as part of a public school or a
private school accredited by the Central Education
Agency, that offers educational programs through
grade six, and that does not provide custodial care
during the hours before or after the customary school
day; and
(10) a registered family home.
(11) an educational facility that is integral to and
inseparable from its sponsoring religious organiza-
tion or an educational facility both of which do not
provide custodial care for more than two hours maxi-
mum per day, and that offers educational programs
for children age five and above in one or more of the
following: kindergarten through at least grade three,
elementary, or secondary grades.
(c) A single license that lists addresses and the
appropriate facilities may be issued to a child-care
institution that operates noncontiguous facilities
that are nearby and that are demonstrably a single
operation as indicated by patterns of staffing,
finance, administrative supervision, and programs.
(d) A person operating or desiring to operate a
child-care facility that is exempt from the provisions
of Subsection (a) of this section may apply to the divi-
sion for a license as provided in Section 42.046 of this
code The division may not deny an exempt facility a
license on the ground that it is exempt from Subsec-
tion (a) of this section. A facility exempt from the pro-
visions of Subsection (a) of this section that desires to
receive or participate in federal or state funding shall
be required to comply with all other provisions of this
Act and with all regulations promulgated thereunder.
(e) The exemptions provided by Subsection (b) of
this section do not affect the authority of local,
regional, or state health department officials, the
state fire marshal, or local fire prevention officials to
inspect child-care facilities.
Sec. 42.042. RULES AND STANDARDS. (a) The
department shall make rules to carry out the provi-
sions of this chapter.
(b) The department shall conduct a comprehensive
review of all rules and standards at least every six
years.
(c) The department shall provide a standard proce-
dure for receiving and recording complaints and a
standard form for recording complaints.
(d) The department shall provide standard forms
for applications and inspection reports.
(e) The department shall promulgate minimum
standards for child-care facilities covered by
this chapter that will:
(1) promote the health, safety, and welfare of chil-
dren attending a facility;
(2) promote safe, comfortable, and healthy physi-
cal facilities for children;
(3) ensure adequate supervision of children by
capable, qualified, and healthy personnel;
(4) ensure adequate and healthy food service
where food service is offered;
(5) prohibit racial discrimination by child-care
facilities; and
(6) require procedures for parental and guardian
consultation in the formulation of children's educa-
tional and therapeutic programs.
(f) In promulgating minimum standards for child-
care facilities, the department shall recognize the var-
ious categories of facilities, including facilities
offering specialized care, and the various categories
of children and their particular needs. Standards for
child-care institutions must require an intake study
before a child is placed in an institution. The intake
study may be conducted at a community mental
health and mental retardation center.
(g) In promulgating minimum standards, the
department may recognize and treat differently the
following child-care facilities: child -caring institu-
tions, foster homes, day-care centers, group daycare
homes, family day homes, registered family homes,
and agency homes.
(h) The department shall promulgate minimum
standards for child -placing agencies.
(i) Before adopting minimum standards, the divi-
sion shall present the proposed standards to the
State Advisory Committee on Child -Care Facilities
for review and comment, and shall send a copy of the
proposed standards to each licensee covered by the
proposed standards at least 60 days before the stand-
ards take effect to provide the licensee an opportu-
nity to review and to send written suggestions to the
council and the department.
6) The department may waive compliance with a
minimum standard in a specific instance if it deter-
mines that the economic impact of compliance is suf-
ficiently great to make compliance impractical.
(k) The department may not regulate or attempt to
regulate or control the content or method of any orga-
nization or curriculum of a school sponsored by a reli-
gious organization.
Sec. 42.043. RULES FOR IMMUNIZATIONS.
(a) The department shall make rules for the immuni-
zation of children admitted to facilities.
(b) The department shall require that each child at
an appropriate age have a test for tuberculosis and be
immunized against diptheria, tetanus, poliomyelitis,
rubella, and rubeola. The immunization must be
effective on the date of first entry into the facility.
However, a child may be provisionally admitted if the
required immunizations have begun and are com-
pleted as rapidly as medically feasible.
(c) The Texas Department of Health shall make
rules for the provisional admission of children to facil-
ities and may modify or delete any of the immuniza-
tions listed in Subsection (b) of this section or require
additional immunizations as a requirement for admis-
sion to a facility.
(d) No immunization may be required for admission
to a facility if a person applying for a child's admis-
sion submits one of the following affidavits:
(1) an affidavit signed by a licensed physician
stating that the immunization would be injurious to
the health and well-being of the child or a member of
the child's family or household; or
(2) an affidavit signed by the child's parent or
guardian stating that the immunization conflicts
with the tenets and practices of a recognized religious
organization of which the applicant is an adherent or
a member.
(e) Each facility shall keep an individual immuniza-
tion record for each child admitted, and the records
shall be open for inspection by the division at all rea-
sonable times.
(f) The Texas Department of Health shall provide
the immunizations required by this section to chil-
dren in areas where there is no local provision of these
services.
Sec. 42.044. INSPECTIONS. (a) An authorized rep-
resentative of the division may visit a facility during
operating hours to investigate, inspect, and evaluate.
(b) The division shall inspect all licensed or certified
facilities at least once a year and may inspect other
facilities as necessary. At least one of the annual vis-
its must be unannounced and all may be unan-
nounced.
(c) The division must investigate a facility when a
complaint is received. The division representative
must notify the facility's director or authorized repre-
sentative when a complaint is being investigated and
report in writing the results of the investigation to
the director or the director's authorized representa-
tive.
(d) The division may call on political subdivisions
and governmental agencies for assistance within
their authorized fields.
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Sec. 42.045. RECORDS. (a) A person who operates
a licensed or certified facility shall maintain individ-
ual child development records, individual health
records, statistical records, and complete financial
records.
(b) A person who operates a licensed facility shall
have an annual audit by a certified public accountant
of the facility's books. A copy of the accountant's
statement of income and disbursements must accom-
pany an application for a license. This subsection
does not apply to a facility that provides care for less
than 24 hours a day or to an agency home.
(c) If a child -placing agency terminates operation
as a child -placing agency, it shall, after giving notice
to the department, transfer its files and records con-
cerning adopted children, their biological families,
and their adoptive families to the department or to a
facility licensed by the department to place children
for adoption.
Sec. 42.046. LICENSE APPLICATION. (a) An appli-
cant for a license to operate a child-care facility or
child -placing agency shall submit to the divison a
completed application on a form provided by the divi-
sion.
(b) The division shall supply the applicant the
application form and a copy of the appropriate mini-
mum standards.
(c) After receiving an application, the division shall
investigate the applicant and the plan of care for chil-
dren.
(d) The division shall complete the investigation
and decide on an application within two months after
the date the division receives an application.
Sec. 42.047. CONSULTATIONS. (a) The depart-
ment shall offer consultation to potential applicants,
applicants, and license and certification holders
about meeting and maintaining standards for licens-
ing and certification and achieving programs of excel-
lence in child care.
(b) The department shall offer consultation to pro-
spective and actual users of facilities.
Sec. 42.048. ADVISORY OPINIONS. (a) The direc-
tor of the division may give an advisory opinion on
whether or not a planned facility or a planned change
in an existing facility complies with the division's
rules and minimum standards.
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(b) A written opinion authorized by Subsection (a)
of this section is binding on the division as a declara-
tory order if it is signed by the division director and
the division representative administering this chap-
ter in a division region, and if an applicant or license
holder has acted in reliance on the opinion.
Sec. 42.049. LICENSING. (a) The division shall
issue a license after determining that an applicant
has satisfied all requirements.
(b) When issuing a license, the division may impose
restrictions on a facility, including but not limited to
the number of children to be served and the type of
children to be served.
(c) The division may grant a variance of an individ-
ual standard set forth in the applicable standards for
good and just cause.
(d) A license holder must display a license issued
under this chapter in a prominent place at the facility.
(e) A license issued under this chapter is not trans-
ferable and applies only to the operator and facility
location stated in the license application. A change in
location or ownership automatically revokes a
license.
(f) A biennial license must be issued if the division
determines that a facility meets all requirements. The
evaluation shall be based on a specified number of
visits to the facility and a review of all required forms
and records.
Sec. 42.050. LICENSE RENEWAL. (a) A license
holder may apply for a new license in compliance with
the requirements of this chapter and the rules
promulgated by the division.
(b) The application for a new license must be com-
pleted and decided on by the division before the expi-
ration of the license under which a facility is
operating.
(c) The division shall evaluate the application for a
new license to determine if all licensing requirements
are met. The evaluation must include a specified
number of visits to the facility and a review of all
required visits to the facility and a review of all
required forms and records.
Sec. 42.051. PROVISIONAL LICENSE. (a) The divi-
sion shall issue a provisional license when a facility's
plans meet the department's licensing requirements
and one of the following situations exists:
(1) the facility is not currently operating;
-(2) the facility is not licensed for the location
stated in the application; or
(3) there is a change in ownership of the facility.
(b) A provisional license is valid for six months
from the date it is issued and is not renewable.
Sec. 42.052. CERTIFICATION AND REGISTRATION.
(a) A state -operated child-care facility or child -placing
agency must receive certification of approval from
the division. The certification of approval must be
renewed every two years.
(b) To be certified, a facility must comply with the
department's rules and standards and any provisions
of this chapter that apply to a licensed facility of the
same category. The -operator of a certified facility
must display the certification in a prominent place at
the facility.
(c) A registered family home must be registered
with the division. -
(d) To be registered with the division, a registered
family must comply with the department's rules and
standards and any provision of this chapter that
applies to a registered family home.
(e) The certification requirements of this section do
not apply to a Texas Youth Council facility or a facil-
ity providing services solely for the Texas Youth
Council.
Sec. 42.053. AGENCY HOMES. (a) An agency
home is considered part of the child -placing agency
that operates the agency home for purposes of licens-
ing.
(b) The operator of a licensed agency shall display a
copy of the license in a prominent place in the agency
home used by the agency.
(c) An agency home shall comply with all provi-
sions of this chapter and all department rules and
standards that apply to a child-care facility caring for
a similar number of children for a -similar number of
hours each day.
(d) The division shall revoke or suspend the license
of a child -placing agency if an agency home operated
by the licensed agency fails to comply with Subsec-
tion (c) of this section.
(Sections 42.054-42.070
reserved for expansion)
SUBCHAPTER D. REMEDIES
Sec. 42.071. LICENSE SUSPENSION AND PROBA-
TION. (a) The division may suspend the license of a
facility that has temporarily ceased operation but has
definite plans for starting operations again within the
time limits of the issued license.
(b) The division may suspend a facility's license for
a definite period rather than deny or revoke the
license if the division finds repeated noncompliance
with standards that do not endanger the health and
safety of children. To qualify for license suspension
under this subsection, a facility must suspend its
operations and show that standards can be met
within the suspension period.
(c) The division may place a facility on probation
for a definite period not to extend beyond the expira-
tion date of the license rather than suspend or revoke
the license. The division may revoke the license of the
facility during the probationary period if the facility
does not meet the conditions of probation.
(d) The division shall revoke the license of a facility
that does not comply with standards at the end of a
license suspension or probation.
Sec. 42.072. LICENSE DENIAL OR REVOCATION.
(a) The division may deny or revoke the license or cer-
tification of approval of a facility that does not
comply with the requirements of this chapter, the
standards and rules of the department, or the specific
terms of the license or certification.
(b) The division shall notify the person operating or
proposing to operate a facility of the reasons for the
denial or revocation and of the person's right to
appeal the decision within 30 days after receiving the
notice.
(c) A person who wishes to appeal a license denial
or revocation shall notify the director by certified
mail within 30 days after receiving the notice
required in Subsection (b) of this section. The person
shall send a copy of the notice of appeal to the
assigned division representative.
(d) Within 14 days after the date the appeal notifi-
cation was mailed, the director shall appoint an advi-
sory review board to hear the appeal or notify the
person requesting the appeal that the request is
denied.
(e) Within 14 days after notifying a person that an
advisory review board will hear the case, the director
shall appoint five of the person's peers to the board
and set a date for the hearing. The date for the hear-
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DHR 5-85
ing must be within 28 days after the date the board
members are appointed.
(f) The advisory review board shall hear the appeal
and render its opinion to the director within seven
days after the last day of the hearing. The board
members shall receive actual travel expenses and the
state per diem for each day of the hearing.
(g) A committee composed of the director, the divi-
sion representative responsible for establishing
standards, and the division representative adminis-
tering this chapter in the region where the facility in
question is located shall review the opinion. The com-
mittee shall make a decision within 14 days after
receiving the opinion and shall notify, by certified
mail, the person who appealed.
(h) A person whose license has been denied or
revoked may challenge the committee's decision by
filing a suit in a district court of Travis County or the
county in which the person's facility is located within
30 days after receiving the committee's decision. The
trial shall be de novo.
(i) Records of the department's hearing shall be
kept for one year after a committee decision is ren-
dered. On request, and at the person's own expense,
the division shall supply a copy of the verbatim tran-
script of the advisory board hearing to a person
appealing a license denial or revocation in district
court.
(j) A person may continue to operate a facility dur-
ing an appeal of a license denial or revocation unless
the division has sought injunctive relief under Sec-
tion 42.074 or civil penalties under Section 42.075 of
this code.
Sec. 42.073. CLOSING A FACILITY. (a) The division
may close the facility and place the children attend-
ing the facility in another facility if the division finds
violations of this chapter or violations of the depart-
ment's rules and standards that create an immediate
danger for children.
(b) A division representative who finds conditions
described in Subsection (a) of this section shall imme-
diately notify the director and request an immediate
inspection of the facility by the director or the direc-
tor's designee.
(c) The division shall report to the governor and the
commissioner of the department when a stateopera-
ted facility is found in violation of this chapter or the
department's rules and standards and the violation
threatens serious harm to the children in the facility.
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(d) Closing a facility under this section is an emer-
gency measure. The division shall seek an injunction
against continued operation of the facility after clos-
ing a facility under this section.
Sec. 42.074. INJUNCTIVE RELIEF. (a) When it
appears that a person has violated, is violating, or is
threatening to violate the licensing, certification, or
registration requirements of this chapter or the
department's licensing, certification, or registration
rules and standards, the division may file a suit in a
district court in Travis County or in the county where
the facility is located for assessment and recovery of
civil penalties under Section 42.075 of this code, for
injunctive relief, including a temporary restraining
order, or for both injunctive relief and civil penalties.
(b) The district court shall gfant the injunctive
relief the facts may warrant.
(c) At the division's request, the attorney general
shall conduct a suit in the name of the State of Tbxas
for injunctive relief, to recover the civil penalty, or for
both injunctive relief and civil penalties as authorized
by Subsection (a) of this section.
Sec. 42.075. CIVIL PENALTY. (a) A person is sub-
ject to a civil penalty of not less than $50 nor more
than $100 for each day of violation and for each act of
violation if the person:
(1) threatens serious harm to a child in a facility
by violating a provision of this chapter or a depart-
ment rule or standard;
(2) violates a provision of this chapter or a
department rule or standard three or more times
within a 12 -month period; or
(3) places a public advertisement for an unli-
censed facility.
(b) The civil penalty authorized by this section is
cumulative and in addition to the criminal penalties
and injunctive relief provided by this chapter.
Sec. 42.076. CRIMINAL PENALTIES. (a) A person
who operates a child-care facility or childptacing
agency without a license commits a Class B misde-
meanor.
(b) A person who places a public advertisement for
an unlicensed facility commits a Class C misde-
meanor.
CHAPTER 17. EMERGENCY PROCEDURES IN SUIT BY
GOVERNMENTAL ENTITY
Section 17.03. Taking Possession of a Child Without
a Court Order. (a) An authorized representative of
the Texas Department of Human Resources, a law
enforcement officer, or a juvenile probation officer
may take possession of a child without a court
order under the following conditions and no oth-
ers:
(1) upon discovery of a child in a situation
of danger to the child's physical health or safety
when the sole purpose is to deliver the child with-
out unnecessary delay to the parent, managing
conservator, possessory conservator, guardian,
caretaker, or custodian who is presently entitled to
possession of the child;
(2) upon the voluntary delivery of the child
by the parent, managing conservator, possessory
conservator, guardian, caretaker, or custodian who
is presently entitled to possession of the child;
(3) upon personal knowledge of facts which
would lead a person of ordinary prudence and cau-
tion to believe that there is an immediate danger
to the physical health or safety of the child and
that there is no time to obtain a temporary
restraining order or attachment under Section
17.02 of this code; or
(4) upon information furnished by another
which has been corroborated by personal knowl-
edge of facts and all of which taken together would
lead a person of ordinary prudence and caution to
believe that there is an immediate danger to the
physical health or safety of the child and that
there is no time to obtain a temporary restraining
order or attachment under Section 17.02 of this
code.
(See the full text of Section 17.03 for specifics on
the court hearings which follow taking possession
of a child in an emergency.)
CHAPTER 34. REPORT OF CHILD ABUSE
Section 34.01. Persons Required to Report
Section 34.011. Form
Section 34.02. Contents of Report: To Whom
Made
Sermon 34.03. Immunities
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APPENDIX II
EXCERPTS FROM THE TEXAS FAMILY CODE (AMENDED)
Section 34.04.
Privileged Communications
Section 34.05.
Investigation and Report of
Receiving Agency
Section 34.06.
Central Registry
Section 34.07.
Failure to Report: Penalty
Section 34.08.
Confidentiality
Section 34.01. Persons Required to Report. Any
person having cause to believe that a child's physi-
cal or mental health or welfare has been or may be
adversely affected by abuse or neglect shall report
in accordance with Section 34.02 of this code.
Section 34.011. Form. The Texas Department of
Human Resources shall promulgate a form and
cause a sample to be distributed for the reporting
of suspected occurrences of child abuse as required
by Section 34.01 of this code. Copies of the form
shall be distributed to all licensed hospitals in this
state to be available for use without charge by hos-
pital employees, physicians, patients, and other
persons. The form shall include a statement that
child abuse reports are confidential and that infor-
mation contained in the reports, including the
name of the person making the report, may be
used only for the purposes consistent with the
investigation of child abuse. The form shall give
the address of the Texas Department of Human
Resources. Hospital employees, physicians,
patients, and other persons must complete the
form and return it to the Texas Department of
Human Resources.
Section 34.02. Contents of Report: To Whom Made.
(a) Nonaccusatory reports reflecting the
reporter's belief that a child has been or will be
abused or neglected, or has died of abuse or
neglect, has violated the compulsory school
attendance laws on three or more occasions, or
has, on three or more occasions, been voluntarily
absent from his home without the consent of his
parent or guardian for a substantial length of time
or without the intent to return shall be made to
any local or state law enforcement agency, and in
addition shall be made to:
(1) the Texas Department of Human
Resources; or
(2) the agency designated by the court to
be responsible for the protection of children.
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DHR 5-85
(b) All reports must contain the name and
address of the child, the name and address of the
person responsible for the care of the child, if avail-
able, and any other pertinent information.
(c) All reports received by any local or state law
enforcement agency shall be referred to the Texas
Department of Human Resources or to the agency
designated by the court to be responsible for the
protection of children. The department or desig-
nated agency immediately shall notify the appro-
priate state or local law enforcement agency of any
report it receives, other than from a law enforce-
ment agency, that concerns the suspected abuse or
neglect of a child or death of a child from abuse or
neglect.
(d) An oral report shall be made immediately
on learning of the abuse or neglect as prescribed in
Subsection (a) of this section, and a written report
shall be made within five days to the same agency
or department. Anonymous reports, while not
encouraged, will be received and acted on in the
same manner as acknowledged reports.
Section 34.03. Immunities. Any person reporting
pursuant to this chapter is immune from liability,
civil or criminal, that might otherwise be incurred
or imposed. Immunity extends to participation in
any judicial proceeding resulting from the report.
Persons reporting in bad faith or malice are not
protected by this section.
Section 34.04. Privileged Communications. In any
proceeding regarding the abuse or neglect of a
child or the cause of any abuse or neglect, evidence
may not be excluded on the ground of privileged
communication except in the case of communica-
tions between attorney and client.
Section 34.05. Investigation and Report of Receiving
Agency. (a) The Texas Department of Human
Resources or the agency designated by the court
to be responsible for the protection of children
shall make a thorough investigation promptly
after receiving either the oral or written report.
The primary purpose of the investigation shall be
the protection of the child.
(b) In the investigation the department or
agency shall determine:
(1) the nature, extent, and cause of the abuse
or neglect;
(2) the identity of the person responsible for
the abuse or neglect;
(3) the names and conditions of the other
children in the home;
(4) an evaluation of the parents or persons
responsible for the care of the child;
(5) the adequacy of the home environment;
(6) the relationship of the child to the parents
or persons responsible for the care of the child;
(7) all other pertinent data.
(c) The investigation shall include a visit to the
child's home, a physical examination of all the chil-
dren in that home, and an interview with the sub-
ject child. The investigation may include a
psychological or psychiatric examination of all the
children in the home. If admission to the home,
school, or any place where the child may be, or per-
mission of the parents or persons responsible for
the child's care for the physical examination can-
not be obtained, then the juvenile court, or the dis-
trict court, upon cause shown, shall order the
parents or the persons responsible for the care of
the children, or the person in charge of any place
where the child may be, to allow entrance for the
interview, the physical examination, and investi-
gation. If the parents or persons responsible for
the child's care does not consent to a psychological
or psychiatric examination of the child that is
requested by the department or agency, the juve-
nile court or district court, upon cause shown,
shall order the examination to be made at the
times and places designated by the court. The par-
ent or person responsible for the child's care is
entitled to notice and a hearing when the depart-
ment or agency seeks a court order to allow a psy-
chological or psychiatric examination.
(d) If, before the investigation is complete, the
opinion of the investigators is that immediate
removal is necessary to protect the child from fur-
ther abuse or neglect, the investigators shall file a
petition pursuant to Chapter 17 of this code for
temporary care and protection of the child.
(e) The agency -designated by the court to be
responsible for the protection of children or the
department shall make a complete written report
of the investigation., The report, together with its
recommendations, shall be submitted to the juve-
nile court of the district court, the district attor-
ney, and the appropriate law enforcement agency if
sufficient grounds for the institution of a suit
affecting the parent-child relationship are found.
(f) On the receipt of the report and recommen-
dation required by Subsection (e) of this section,
the court may direct the investigator to file a peti-
tion seeking appropriate relief under Subtitle A of
this title.
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DHR 5-85
Section 34.06. Central Registry. The Texas Depart-
ment of Human Resources shall establish and
maintain in Austin, Texas, a central registry of
reported cases of child abuse or neglect. The
department may adopt rules and regulations as
are necessary in carrying out the provisions of this
section. The rules shall provide for cooperation
with local child service agencies, including hospi-
tals, clinics, and schools, and cooperation with
other states in exchanging reports to effect a
national registration system.
Section 34.07. Failure to Report: Penalty. (a) A
person commits an offense if the person has cause
to believe that a child's physical or mental health
or welfare has been or may be further adversely
affected by abuse or neglect and knowingly fails to
report in accordance with Section 34.02 of this
code.
(b) An offense under this section is a Class B
misdemeanor.
Section 34.08. Confidentiality. The reports,
records, and working papers used or developed in
an investigation made under this chapter are confi-
dential and may be disclosed only for purposes
consistent with the purposes of this code under
regulations adopted by the investigating agency.
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APPENDIX III
CHILD CARE FACILITY
IMMUNIZATION REQUIREMENTS
Age Group Required Immunization and Number of Doses
Under 2 mos. No immunizations required.
2 mos. to 4 mos. 1 dose of oral polio vaccine (OPV).
1 dose of diphtheria -tetanus -pertussis (DTP) vaccine.
4 mos. to 6 mos. 2 doses of OPV.
2 doses of DTP vaccine.
6 mos. to 18 mos. 2 doses of OPV.
3 doses of DTP vaccine.
18 mos. to 5 yrs. 3 doses each of OPV and DTP vaccine.
1 dose each of measles', rubella', and mumps' vaccines.
5 yrs. and older 3 doses each of OPV and DTPS vaccine.
1 dose each of measles', rubella', and mumps' vaccines.
NOTES:
'Measles: Measles vaccine is required for each child 18 months old or older. The vaccination date for
the measles vaccine must be during the calendar month of or after the first birthday and since Jan-
uary 1, 1968. A written physician -verified history of measles disease which shows the date of the
illness will substitute for the measles vaccine requirements.
'Rubella: Rubella vaccine is not required after the 12th birthday. A history of rubella illness is not
acceptable:
K&NS
Appendix III
Page 46
DHR 5-85
'Mumps: As a part of the child's immunization record, a written physician -verified history of
mumps disease which shows the date of the illness will substitute for the vaccine requirement.
Effective September 1, 1984, children less than 13 years old are required to have received mumps
vaccine or provide a written physician -verified history of mumps illness. On September 1 each fol-
lowing year, children one year older must also meet this requirement. By September 1, 1990, all
children through 18 years old will be included. See the table below.
Mumps Vaccine Requirements by Effective Dates for
Children 18 Months through 18 Years of Age
In Child Care Facilities
Effective Dates Ages in Years*
September 1, 1984
Thru 12
September 1, 1985
Thru 13
September 1, 1986
Thru 14
September 1, 1987
Thru 15
September 1, 1988
Thru 16
September 1, 1989
Thru 17
September 1, 1990
Thru 18
*Ages of children in child care facilities on the effective date.
'Polio: At least three doses of oral polio vaccine (OPV) are required for all children, provided at least
one dose has been received on or after the 4th birthday. A dose of OPV given during the calendar
month before the 4th birthday will substitute for the dose on or after the 4th birthday. No further
doses of OPV are required.
Some children or students may be enrolled who have received inactivated polio vaccine (IPV).
These students are in full compliance when an initial series of four doses are completed and a
booster dose within five years of the fourth dose has been received. A booster dose is required
every five years thereafter.
SDiptheria - Tetanus - Pertussis/Tetanus - Diphtheria: DPT/TD vaccine is required for all children.
At least three doses of DTP and/or Td vaccine are required, provided at least one dose has been
received on or after the 4th birthday. A dose of DTP or Td given during the calendar month before
the 4th birthday will substitute for the dose on or after the 4th birthday.
Besides the minimum of three DTP or Td doses with one dose since the 4th birthday, children 12
years old and older must have a last dose within the past 10 years. (A Td booster is required 10
years after the administration of the immunization that meets the requirement for the "dose since
the 4th birthday." Example: If the last dose of DTP was received at age five, the 10 -year Td
booster is due at age 15.)
"An Annual Report of the Immunization Status by age group of all children must be submitted on
the request of the Texas Department of Health.
K&NS
Appendix IV
Page 47
DHR 5-85
APPENDIX IV
ALTERNATIVES TO PHYSICAL PUNISHMENT
1. Children should have good behavior recog-
nized and encouraged.
2. Children should be taught by example
through the use of fair and consistent rules. The
atmosphere should be relaxed. Discipline should
be relevant to the behavior involved.
3. Children should be supervised by people
showing an attitude of understanding and firm-
ness.
4. Children should be given clear directions
and guidance on the child's level of understanding.
5. Children should be held firmly if their
behavior will harm themselves or others.
6. Children should be redirected by stating
alternatives when their behavior is unacceptable.
(Example: "Blocks are for building, not throwing
— try throwing this ball.")
7. Children should be helped to understand
why their conduct is unacceptable and what is
acceptable in a given situation.
K&NS
Appendix V
Page 49
DHR 5-85
COMMUNICABLE
DISEASE CHART
FOR SCHOOLS AND CHILD-CARE CENTERS
Your Health Department:
Phone:
EXCLUDE FROM
REPORTABLE
CONDITION
INCUBATION PERIOD
EARLY SIGNS OF ILLNESS
ATTENDANCE'
READMISSION CRITERIA 2 1
DISEASE
NOTES FOR PREVENTION
Athlete's Foot
Unknown
Blisters and cracking of the skin of the feet.
No
No
Teach importance of hygienic care of feet
usually between the toes
Chickenpox
1021 days
Fever and rash consisting of blisters that
Yes
When all blisters have crusted over
Yes
No vaccine available
may appear first on head, :hen spread to body
(but not longer than 1 week after onset
Usually 2 or 3 crops of new blisters that heal
of rash)
leaving scabs
Common Cold
1 3 days
Runny nose, watery eyes, general tired feeling
No. unless lever is
When fever subsides
No
Teach importanceof washing hands and covering
present (See Fever)
mouth when coughing or sneezing
Diphtheria
2.5 days
Sore throat and fever, rapidly progressing to
Yes
See Footnote 2(A B)
Yes
Vaccine available It you suspect this disease
difficulty breathing and swallowing
immediately consult a physician
Fever
Oral temperature of 38'C (100 4'F) or greater
Yes
When fever subsides
No
Gastroenteritis,
Variable, usually 2.7 days
Stomachache, nausea, diarrhea (6 or more
Yes
When diarrhea subsides
No
Teach importance of hand washing Adult should
Viral
watery loose stools per day)
supervise hand washing of preschool age
Children
Giardiasis
4.14 days
Gradual onset of stomachache, bloating, and
No
No
Treatment is recommended Teach importance of
diarrhea May recur several times over a period
hand washing Can spread quickly in Childcare
of weeks
centers
Gonorrhea
3-5 days
Mala— urethral discharge ("drip")with burning
No
Yes
TeaCh junior and senior high school students
on urination
about sexually transmitted diseases Report
Female — May have no symptoms or may have
suspected cases to health department or by
vaginal discharge and abdominal pain,
calling the VD Hot Line 1-800227 8922
especially with menses
Head LiceEggs
hatch in 7.10 days
Itching and scratching of scalp Pinpoint white
Yes
When one medicated shampoo or
No
Second shampoo or lotion treatment in 7 10 days
(Pediculosis)
eggs (nits) on head that will not flick off
lotion treatment has been given
is recommended Teach importance of not
sharing combs, hats, and coats
Hepatitis, Viral,
15-50 days, average 28 days
Gradual onset of slight fever, tired feeling,
Yes
Alter t week from onset of illness
Yes
Teach importance of hand washing Gamma
type A
stomachache, nausea, or vomiting followed by
globulin should be given to household contacts
jaundice Young children may have mild case of
If more than one case occurs in a child care
diarrhea without jaundice
center, gamma globulin should be considered for
all children and parents involved
Hepatitis, Viral,
6090 days
Gradual onset of fever, tired feeling, loss of
No
Yes
Neither cases nor carriers excluded from
type B
appetite, followed by jaundiceattendance
Teach importance of good hygiene
and avoid contact with blood of recent cases or
Chronic carriers
Herpes, Oral
First infection, 2-12 days
Blisters on or near lips that open and become
No
No
Teach importance of good hygiene Avoid direct
(cold sores)
covered with dark crust Recurrences are
common
contact with sores
Impetigo
Variable
Blisters on skin that open and become covered
Yes
When treatment begun.
No
Keep lesions covered while in school Teach
with yellowish crust No lever
importance of hand washing and keeping
l ingemails clean
Influenza
1.3 days
Rapid onset of fever, headache, sore throat.
Yes
When lever subsides
Yes
Vaccine available, but only recommended for
cough
children with certain chronic diseases
Measles (Rubeola) 7.14 days
Runny nose, watery eyes, fever, cough Blotchy
Yes
After 4 days from appearance of rash
Yes
Vaccine available Report suspect cases imme.
dialely to health department or by calling the
•
red rash appears on 4th day
In an outbreak, unimmunized children
shouldalso be excluded for at least 4
Texas Immunization Hol Line 1.800.252.9152
days alter last case occurs.
German Measles
14.21 days
Slight cold, swollen tender glands at back of
Yes
Alter 5 days from appearance of rash
Yes
Vaccine available Report suspect cases immedi.
ately to health department or by Calling the Texas
(Rubella)
neck. Changeable pink rash
Immunization Hol Line 1.600252.9152
K&NS
Appendix V
Page 50
DHR 5-85
Meningitis, Bacterial
2.10 days
Sudden onset of high lever, headache, and stiff
Yes
See Footnote 2(A -B)
Yes
Depending on which bacteria are —ting the ih-
about 2 weeks, followed by paroxysmal
live reactors
neck, usually with some vomiting
'The major criterion for exclusion from attendance is the condition's probability of spread from person to person A child may have a
nonexcludable illness yet require care at home or in a hospital
ness, prophylactic antibiotics may be recom.
disease may be readmitted by any one of the following methods
(A) A written certificate from a physician
(B) A permit issued by the local health authority
(C) Fulfilling criteria listed under "Readmission Criteria "
mended for family members Occasionally, close
TEXAS DEPARTMENT OF HEALTH
Hot Line 18002529152
contacts at a childcare center are also treated
Meningitis, Viral
2.10 days
Sudden onset of fever, heatlache, usually with
Yes
See Footnote 2(A -B)
Yes
Teach Importance of hand washing Prophylactic
some vomiting
antibiotics of no value
Mumps
1226 days
Swelling over jaw in front of one or both ears
Yes
After9days from theonsel of swelling
Yes
Vaccine available
Pain in cheeks made worse be chewing
Pink Eye
1.3 days
Red eyes, usually with some discharge or
Yes
See Footnote 2(A-8)
No
Teach importance of hand washing allergic
(Conjunctivitis)
crust on eyelids
conjunctivitis Is not Contagious
Pinworms
Variable, may be as long as
Perianal itching
No
No
Teach Importance of hand washing
3.6 weeks
Poliomyelitis
3-21 days
Fever, headache. stomachache, stiff neck,
Yes
See Footnote 2(A -B)
Yes
Vaccine available Report cases immediately to
(Polio)
usually with some vomiting Often followed by
(
health department or by calling the Texas
paralysis
Immunization Hol Line 1 600252 9152
Rocky Mountain
3.10 days
Sudden onset of fever, chills, and severe head.
No
Yes
Transmitted by tick bites If you suspect this
Spotted Fever
ache Rash consists of red spots beginning on
disease, immediately consult a physician
wrists or ankles, progressing to the chest,
palms, and soles
Ringworm of the body
1.10 days
Slowly spreading flat, scaly ring-shaped spots
No
No
Treatment Is recommended Keep lesions
on skin. The margins may be reddish and
covered while in school,
slightly rallied.
Ringworm of the scalp
1021 days
Slowly spreading, balding patches on scalp
Yes
When treatment begun
No
Teach importance of not sharing combs, hats,
with broken -off hairs
and coats.
Salmonellosis
13 tlayls
Sudden onset of fever, abdominal pain, dor•
Yes
When diarrhea subsides.
Yes
Teach Importance of hand washing Frequently a
rhea, sometimes vomiting
food borne Infection
Scabies
First infection t month,
Small raised, rad bumps or blisters on skin with
Yes
When treatment begun.
No
Careful examination of close contacts required
Repeat infection, 2d days
severe itching
to identify early infection
Shigellosis
1 7 days
Sudden onset of lever, vomiting, and diarrhea
Yes
When diarrhea subsides.
Yes
Teach importance of hand washing Can spread
quickly in child-care centers
Streptococcal Sore
1 3 days
Fever, sore throat, often with enlarged tender
Yes
After 24 hours from date antibiotic
Yes
Teach importance of covering mouth when
Throat and Scarlet Fever
lymph nodes in neck Scarlet fever producing
treatment begun
coughing or sneezing
strains of bacteria cause a fine red rash that
appears 13 days alter onset of sore throat
Tetanus
4 21 days
Painful muscular contractions — primarily of
No
Yes
Transmitted by contamination of a woundwith
law and neck muscles No lever
bacterial spores Vaccine available if you
suspect this disease. immediately consult a
physician
Tuberculosis. 1.12 weeks
Gradual onset, tiredness. loss of appetite,
Pulmonary
slight fever, failure to gain weight, Cough
Whooping Cough 721 days
Low grade fever, runny nose, and cough lasting
(Pertussis)
about 2 weeks, followed by paroxysmal
live reactors
coughing spells and 'whoop" on inspiration
'The major criterion for exclusion from attendance is the condition's probability of spread from person to person A child may have a
nonexcludable illness yet require care at home or in a hospital
'Children excluded from a school or child care center for a communicable
disease may be readmitted by any one of the following methods
(A) A written certificate from a physician
(B) A permit issued by the local health authority
(C) Fulfilling criteria listed under "Readmission Criteria "
-
TEXAS DEPARTMENT OF HEALTH
Yes
After antibiotic treatment begun, AND
Yes All classroom contacts should have TB skin tests
a physicians certificate or health
Antibiotic prophylaxis indicated for newly pose
authority permit obtained
live reactors
Yes
After 7 days from dale antibiotic
Yes Vaccine available Unimmunized contacts should
treatment begun
be immunized and receive antibiotic prophylaxis
Report suspect cases Immediately to health
department or by calling the Texas Immunization
Hot Line 18002529152
'A school or child-care center administrator may require
a note from a parent or physician for readmission regardless of the reason for the
absence
Adopted by the undersigned pursuant to 25 TAC 97 5(c)(3) this 12th day of December 1983
/Robert
Bernstein, M D. F A C P
630 114184
Commissioner of Health
K&NS
Appendix VI
Page 51
DHR 5-85
APPENDIX VI
SANITIZING PROCEDURES FOR
FOOD SERVICE EQUIPMENT
Reusable food service equipment, including
infant feeding equipment, must be properly
washed and sanitized by one of the following meth-
ods:
Utensils must be completely immersed in
hot water and maintained at a temperature of
170 ° F for not less than three minutes or 180'F for
two minutes.
One and 1/4 teaspoons of chlorine bleach
must be used for each gallon of water at lukewarm
temperature during the final rinse.
One-half teaspoon iodine must be used for
each gallon of water at lukewarm temperature.
Quaternary ammonium compounds or acid
sanitizer compounds must be used according to
directions on the officially approved label.
If utensils are machine washed, final rinse
water must be at least 180°F.
Other methods may be used if approved
by the local health department or the Texas
Department of Health.
K&NS
Appendix VII
Page 53
DHR 5-85
APPENDIX VII
CRIMINAL OFFENSES FROM THE TEXAS PENAL CODE
The following constitute criminal offenses included in the Texas Penal Code:
Title 5. Offenses Against the Person
Murder
Capital murder
Voluntary manslaughter
Involuntary manslaughter
CriminaIly negligent homicide
False imprisonment
Kidnapping
Aggravated kidnapping
Rape
Aggravated rape
Sexual abuse
Aggravated sexual abuse
Homosexual conduct
Public lewdness
Indecent exposure
Rape of a child
Sexual abuse of a child
Indecency with a child
Assault
Sexual assault
Aggravated assault
Aggravated sexual assault
Deadly assault on a peace officer
Injury to a child or an elderly individual
Reckless conduct
Terroristic threat
Aiding suicide
Tampering with consumer products
Title 6. Offenses Against the Family
Bigamy
Incest
Interference with child custody
Enticing a child
Criminal non support
Sale or purchase of a child
Solicitation of a child
Harboring a runaway child
Violation of a court order
Title 43. Public Indecency
Prostitution
Promotion of prostitution
Aggravated promotion of prostitution
Compelling prostitution
Obscene display or distribution
Obscenity
Sale, distribution, or display of harmful
material to a minor
Sexual performance by a child
O O
TI
m
Schools: Grades
Kindergarten
and Above
May 1985 Stock Code 20322-0000
1
OE"'Texas Department of Human Resources
John H. Winters Human Services Center • 701 West 51st Street
Mailing Address: P.O. Box 2960 • Austin, Texas 78769
COMMISSIONER
BOARD MEMBERS
MARLIN W JOHNSTON
J LIVINGSTON KOSBERG
Chairman, Houston
VICKI GARZA
Corpus Christi
THOMAS M DUNNINGDallas
February 8, 1985
Dear Licensee:
The following are the revised minimum standards which are effective May 1, 1985.
The State Advisory Committee on Child Care Facilities was established by the child care
licensing law. It is composed of parents, guardians, or custodians of children using child
care facilities; members of child advocacy groups; operators of child care facilities; and
experts in various professional fields related to child care and development. The Advisory
Committee members carefully studied drafts of the minimum standards that Licensing
Branch staff of the Texas Department of Human Resources submitted for their consider-
ation. Based on their recommendations and the directions of the Texas Board of Human
Resources, the proposed revisions to the standards were published in the Texas Register.
All sets of standards went through a 60 -day public review period during August and Sep-
tember of 1984 to allow interested individuals to comment and make suggestions on them.
Public hearings on the proposed minimum standards were held in Austin, San Antonio, Cor-
pus Christi, McAllen, Tyler, Nacogdoches, Beaumont, Houston, Arlington, Wichita Falls,
Abilene, Waco, Lubbock, Amarillo, Midland, and EI Paso. Members of the Advisory Commit-
tee were present at the public hearings.
The following were members of the State Advisory Committee on Child Care Facilities:
Dr. Wilbur E. Crenwelge, Fredericksburg
Mr. Joe E. Fogle, Dallas
Ms. Sue Gainer, Dallas
Mr. Hernan Gonzales, Alamo
Dr. A. J. Green, Jr., Beeville
Ms. Rose Ann Grissett, Austin
IVs. Pat Henson, San Antonio
Ms. Gail Laubenthal, Wichita Falls
Mr. Buddy Owens, Mission
Ms. Harriet Simburger, Dickinson
Dr. Tom Slatton, Amarillo
Mr. Alan Sowders, Quinlan
Mr. David C. Winship, Houston
Mr. Charles Campise, Driftwood
Mr. Russell Herrington, Odessa
Mr. Charles E. Long, Tyler
Ms. Martha McDonald, Houston
Ms. Sherry Workman, Austin
An Equal Opportunity Employer
Page 2
Based on the oral and written comments the department received and the recommenda-
tions of two ad hoc committees composed of for profit and nonprofit providers, parents,
interested professionals, and the Advisory Committee, the proposed changes to the stand-
ards were submitted to the Board for approval on December 13, 1984, at its meeting in Lub-
bock. The Board is composed of
Mr. J. Livingston Kosberg, Chairman, Houston
Ms. Vicki Garza, Member, Corpus Christi
Mr. Thomas M. Dunning, Member, Dallas
After the Board approved the minimum standards, they were filed with the Secretary of
State.
Many Texas citizens have been involved in the effort to develop reasonable minimum stand-
ards for child care facilities. The department appreciates their help and support in our mutual
goal of ensuring safe child care for Texas children.
Sincerely,
Marlin W. Johnston
MWJ:lm
Attachment
MINIMUM STANDARDS FOR SCHOOLS:
GRADES KINDERGARTEN AND ABOVE
A school, grades kindergarten and above, is a child care,facility offering an educational
program in- one or more grades for children ages 5 through 13. A school operates only
during the customary public school day.
I v
MINIMUM STANDARDS FOR SCHOOLS: GRADES KINDERGARTEN AND
ABOVE
Page
INTRODUCTION ....................................... 1
1000 ORGANIZATION AND ADMINISTRATION ................ 3
1100 Organization........................................................ 3
1200 General Administration .............................................. 4
1300 Enrollment......................................................... 5
1400 Records ............................... 6
2000 PERSONNEL ..................................... 7
2100 Director Qualifications ............................................... 7
2200 Director Responsibilities.............................................. 7
2300 Staff Qualifications and Responsibilities ................................. 7
2400 Training........................................................... 9
2500 Staff -Child Ratio....................................................11
3000 BUILDING, GROUNDS, AND EQUIPMENT ................12
3100
Space.............................................................12
3200
Furnishings........................................................12
3300
Equipment.........................................................12
3400
Toilet Facilities......................................................12
3500
Use of Facility......................................................12
4000 FIRE, SANITATION, AND SAFETY ......................13
4100 Fire................................................................13
4200 Sanitation..........................................................14
4300 Safety.............................................................15
5000 PHYSICAL HEALTH................................17
5100 Health Requirements for Children......................................17
5200 Illness or Injury .....................................................18
5300 Medications........................................................19
5400 Emergency Phone Numbers...........................................19
5500 Animals...........................................................20
Page 2
6000 FOOD SERVICE AND NUTRITION ......................21
7000 ACTIVITIES.....................................22
7100 Operation..........................................................22
7200 Discipline and Guidance..............................................23
7300 Children with Need for Special Care.....................................24
7400 Water Activities.....................................................24
7500 Transportation......................................................25
GLOSSARY...........................................24
APPENDIX I
Human Resources Code, Chapter 42
Child Care Licensing Law...................................................31
APPENDIX II
Excerpts from the Texas Family Code (Amended)...............................39
APPENDIX 111
Child Care Facility Immunization Requirements
(from the Texas Department of Health)
September 1979...........................................................43
APPENDIX IV
Alternatives to Physical Punishment.........................................45
APPENDIX V
Communicable Disease Chart................................................47
APPENDIX VI
Sanitizing Procedures for Food Service Equipment..............................49
APPENDIX VII
Criminal Offenses from the Texas Penal Code..................................51 .
INTRODUCTION
Minimum Standards
Minimum standards for regulating child care facilities are developed by the Texas
Department of Human Resources (DHR) with the assistance of child care providers, par-
ents, lawyers, doctors, child care professionals, and experts in fire, sanitation, and safety.
The child care licensing law sets guidelines for what must be included in the standards
and requires that minimum standards be reviewed and commented on by the State Advi-
sory Committee on Child Care Facilities. The licensing law requires that proposed stand-
ards be distributed to providers for a 60 -day review and comment period before adopting
the proposed standards as rules. The Administrative Procedure and Texas Register Act
also requires that proposed standards be published for a public comment period before
adoption as rules. The department considers recommendations from providers, other
interested groups, and individuals in formulating the final draft, which is filed as rules
with the Secretary of State. Standards are a product of input from many people and
groups and are designed to reflect what the citizens of Texas consider reasonable and
minimum.
Exceptions to Minimum Standards
The child care licensing law authorizes the department to grant waivers and variances
for specific standards. A waiver is official permission not to meet a specific standard. It
is granted only for economic reasons. A variance is official permission to meet the intent
of a specific standard in a way other than as stated in the standard. It may be granted
for good and just cause when a particular standard is not applicable for a facility.
A facility may request a waiver or variance when applying for a license, certificate, or
registration or during the time the facility is regulated. The child care facility's licensing
representative receives the request and makes a recommendation about it to state office
staff. State office staff members make the decision on the request for a waiver or vari-
ance primarily by considering the risk to the health, safety, and well-being of the children
in care.
Informal Administrative Reviews
An applicant, a licensee, a certificate holder, or a person registered with the department
has the right to request an informal review if he disagrees with a licensing representa-
tive's decision. Child care providers are encouraged to first talk over the situation with
the licensing representative. If this does not solve the problem, a day care provider may
contact the day care licensing supervisor or the program director for day care licensing in
the area. The licensing representative provides the name; address, and telephone number
of the person to contact.
Introduction
S:GK&A
Page 2
The child care provider may request the review orally or in writing. He explains the dis-
agreement and tells the department if he plans to have an attorney present. A member of
the department's licensing staff conducts the review. The reviewer examines the facts
and then makes a recommendation to uphold or change the licensing representative's
decision. The child care provider is promptly informed of the decision.
Appeals and Court Challenges
If the department,denies an application or revokes a license, certification, or registration,
the provider is notified in writing what standards or provisions of the law are being vio-
lated. He is given information about how to request an appeal. The child care provider
may request an appeal of the decision within 30 days of notification.
If a request for appeal is granted, the assistant commissioner for licensing appoints an
advisory review board which includes people who hold the same kind of license as the
person appealing the denial or revocation. A hearing is also scheduled.
After an appeal hearing, the advisory review board makes recommendations to the
assistant commissioner for licensing. A committee reviews the materials and makes a
decision on the appeal. The committee is composed of the assistant commissioner for
licensing, a person from the Licensing Branch who develops standards, and a depart-
ment representative in the region where the facility is located.
If a person who appeals a denial or revocation does not agree with the decision on the
appeal, he may challenge it within 30 days after notification of the decision. This is done
by filing suit in a district court in Travis County or in the county where the facility is
located.
1100 1 §81.301) Organization
1. A school must have a governing body (see Glossary) that is responsible for its policies. The governing
body must assure that the school operates in compliance with the "Minimum Standards for Schools:
Grades Kindergarten and Above" and the child care licensing law, Chapter 42; Human Resources
Code (see Appendix I). The governing body must inform the department of the name and mailing
address of the sole proprietor, the partners, or its chief executive officer.
2. A corporation operating a school must make one of the following available to the department for
review:
a. the Articles of Incorporation,
b. the Certificate of Incorporation, or
c. a copy of the Certificate of Authority (for an out-of-state corporation).
3. A corporation or church must make available to the department a copy of the resolution authorizing
the operation of the school unless the authorization is included in the document required in item 2.
4. The governing body must notify the department and apply for a new license before changing the loca-
tion of the school.
5. The governing body must notify the department in writing of
a. any planned addition or reduction in indoor or outdoor space before using the changed area, and
b. the addition of a swimming or a fixed wading pool before using the pool.
6. The governing body must notify the department by telephone or in writing before, if possible, or
within five workdays of any occurrence affecting the operation of the school. This includes, but is not
limited to, the following:
a. change of the governing body or.ownership,
b. change of school director,
c. change of board chairman of a corporate school or other chief executive officer of the governing
body,
e. going out of business,
f. change in hours of operation, and
g. change in age range of children in care.
If any change would violate the restrictions on the license, the governing body must request that the
license be amended. It must wait until the department changes the restriction before making the change
in operation.
1200 081.302) General Administration
1. The school must display the following in a prominent place where staff, parents, and others may
review them:
a. its license;
b. the letter or compliance evaluation form that the licensing representative provided at or following
the most recent inspection or investigation of the school (if the notification includes a requirement
for posting);
c. current menus; and
d. a department form stating that the items required in standard 1200, 2 are available.
2. The school must have available for review on request
a. the letter or compliance evaluation form that the licensing representative provided at or following
the most recent inspection or investigation of the school (if the notification does not include a
requirement for posting);
b. a current copy of the department's "Minimum Standards for Schools: Grades Kindergarten and
Above"; and
c. the school's most recent
(1) fire inspection report,
(2) sanitation inspection report, and
(3) gas pipe inspection report.
Section 1000
S:GK&A
Page 5
DHR 5-85
3. The school must immediately notify the department of any serious occurrences affecting its opera-
tion. These include, but are not limited to, the following-
a.
ollowinga. fine, and
b. death, serious accident, serious injury, or serious communicable disease of a child or staff.
4. The school must report suspected child abuse or neglect as required by the Ibxas Family Code (see
Appendix II) to
a. the nearest DHR child protective services office, and
b. a local or state law enforcement agency.
5. The school must ensure that a person who is indicted or the subject of an official criminal complaint
accepted by a county or district attorney alleging he committed any of the offenses listed below must
not be at the school while children are in school and must not have contact with the children until the
charges are resolved. The offenses (see Appendix VII) are as follows:
a. a felony or misdemeanor classified as an offense against the person or family,
b. a felony or misdemeanor classified as public indecency, and
c. a felony violation of any law intended to control the possession or distribution of any substance
included as a controlled substance in the Texas Controlled Substances Act.
6. The school must notify the department of an indictment or complaint within 24 hours or on the next
workday.
1300 081.303) Enrollment
1. Before a child is enrolled, the school must inform parents about the school's activities and policies,
including curriculum and educational goals.
2. The school must obtain enrollment information for each child before admission. The school must keep
this information while the child is in school. The parent must sign a form that contains the following:
a. the child's name, birth date, home address, and home telephone number;
b. date of admission (see Glossary);
c. name and address of parent(s) and telephone numbers at which parent(s) can be reached while the
child is in school;
d. the names of the people to whom the child may be released;
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e. hours the child will be in school;
L name, address, and telephone number of the child's physician;
g. a statement of the child's special problems or needs. This includes allergy, existing illness, pre-
vious serious illness and injuries, hospitalizations during the past 12 months, and any medication
prescribed for long-term, continuous use;
h. transportation permission, if transportation is provided;
i. permission for participation in water activities, if any; and
j. emergency medical authorization.
3. The school must
a. give the parent of each child in school a copy of the department booklet, "A Parent's Guide to Day
Care," and
b. keep on file a copy of the receipt showing that the parent was given the booklet and discussed it
with the school.
4. The school must not racially discriminate against any child.
1400 (§81.304) Records
1. The school must have records of daily attendance of children and staff for the previous three months.
The hours staff worked must be recorded.
2. The school must maintain personnel records for all staff and ensure that each staff's record includes
a. the date the staff began work at the school;
b. a statement from staff providing information about all felony and misdemeanor convictions and
about all pending criminal charges, including deferred adjudication;
c. a record of a tuberculosis examination no earlier than 12 months before beginning the position;
and
d. A copy of an application or other document showing that staff meets the requirements in standard
2300, 1, 2, or 3.
3. All required records must be available at the school for the department to inspect during hours of
operation.
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PERSONNEL
2100 081.305) Director Qualifications
1. The on-site director of a school must have a bachelor's degree from an accredited college or university
with at least 12 credit hours of education or child development. The director also must have had two
years of experience in teaching or in school administration or management. Documentation showing
how the director meets the qualifications must be available to the department.
A person who was director of a school on May 1, 1985, has four years from that date to comply if he
remains in the same position.
2. No one may serve as director of a school who has been convicted of any of the following offenses (see
Appendix VII):
a. a felony or misdemeanor classified as an offense against the person or family,
b. a felony or misdemeanor classified as public indecency, or
c. a felony violation of any law intended to control the possession or distribution of any substance
included as a controlled substance in the 1bxas Controlled Substances Act.
3. The director must send the department the following on a department form:
a. a record of training and experience;
b. information about all felony and misdemeanor convictions; and
c. information about all pending criminal charges, including deferred adjudication.
2200 081.306) Director Responsibilities
1. An on-site director must administer the school's daily operation in compliance with minimum stand-
ards. If the director is absent from the school, an adult staff must be designated in charge and given
the authority to administer the school. During the director's absence, the designated person must
administer the school in compliance with minimum standards.
2. The director must provide the staff's assignments and supervise the staff.
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2300 (481.307) Staff Qualifications and Responsibilities
1. Staff teaching first grade and above who are counted in the staff -child ratio must have a bachelor's
degree from an accredited college or university or a valid teaching certificate.
a. Proof of meeting the educational requirement must be available to the department.
b. A person who was teaching first grade or above on May 1, 1985, has two years from that date to
comply if he remains in the same position.
2. Staff who teach kindergarten must have a bachelor's degree from an accredited college or university,
a valid teaching certificate, a Child Development Associate credential, or an associate of arts degree
in child development or a closely related area.
a. Proof of meeting the educational requirement must be available to the department.
b. A person who was teaching kindergarten on May 1, 1985, has two years from that date to comply
if he remains in the same position.
3. Staff may be assigned as aides to clas3room teachers and may be counted in the staff -child ratio.
a. Aides must be at least 18 years old. They must have a high school diploma or its equivalent.
b. Aides must work in the same room with and be supervised by classroom teachers.
4. Staff must show competency, good judgment, and self-control in working with children.
5. Staff must relate to the children with courtesy, respect, acceptance, and patience.
6. Effective January 1, 1986, a person certified in first aid and a person certified in cardiopulmonary
resuscitation of children must be present at the school during all hours of operation. The school must
have current certificates attesting to the training.
7. People at the school must not abuse, neglect, or sexually molest children (see Glossary).
8. A person convicted of any of the following offenses (see Appendix VII) must not be at the school
when children are present and must not serve in any capacity where there is contact with children:
a. a felony or misdemeanor classified as an offense against the person or the family,
b. a felony or misdemeanor classified as public indecency, or
c. a felony violation of any law intended to control the possession or distribution of any substance
included as a controlled substance in the Tbxas Controlled Substances Act.
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9. People whose behavior or health appears to endanger the health, safety, or well-being of children must
not be at the school.
10. People must not smoke in the presence of children or consume alcohol when children are at the
school. People who appear to be under the influence of alcohol or other drugs must not be in the
school when children are present.
11. - Staff must supervise (see Supervision in Glossary) children at all times.
12. People working with children and counted in the staff -child ratio must be free from other duties
except those directly involving the care and supervision of children. These responsibilities include
keeping the group's area clean.
Administrative and clerical functions (see Glossary) that take the staff's attention from the children,
meal preparation, or janitorial duties must not be included in responsibilities of staff while counted in
the staff -child ratio.
13. The school must ensure that children are not out of control.
14. If a parent calls to authorize the emergency release of a child, the school must verify that the caller is
actually the parent.
15. The school must have and follow a plan to verify the identity of a person authorized to pick up a
child but not known to the staff. For example: view the picture identification on the person's driver's
license or DPS identification card and record the person's name and card number. The school keeps
this identifying information for 24 hours.
16. If one staff leaves and another staff is given responsibility for the children, the staff leaving must
provide the incoming staff with
a. any significant information he has about a child, and
b. a list of children present in the group. This may be the class roll sheet. -
2400 (481.308) Training
1. The school must orient new staff members in understanding children and in job expectations when
they begin work. The school must have documentation that each staff was oriented in the following-
a.
ollowinga. the requirements in the "Minimum Standards for Schools: Grades Kindergarten and Above" and
the licensing law;
b. the school's policies, including discipline, guidance, and release of children;
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c. recognition of symptoms of child abuse, neglect, and sexual molestation and the responsibility and
procedure for reporting these; and
d. procedures to follow in handling emergencies (after the school has explored its environment for
external hazards and formulated its training plan accordingly). Emergencies may include, but are
not limited to, fire, explosion, tornado, toxic fume, or other chemical release.
2. When volunteers are counted in the staff -child ratio for special activities only, the school must
a. ensure that each volunteer receives relevant orientation, and
b. obtain from each volunteer the statement required in standard 1400, 2.b.
3. Staff must participate yearly in at least 15 clock hours of training (see Glossary) in understanding
children and improving job performance.
The director must participate yearly in at least 20 clock hours of training. A least six clock hours must
be in staff supervision or management and at least six clock hours must be in child development or child-
hood education.
The training must be documented in the staff's record at the school. A year is defined as 12 months from
the date of employment.
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2500 081.309) Staff -Child Ratio
1. In a school, the number of children supervised by one staff must not exceed the following:
Grade Number of Children
Kindergarten 24
1st — 3rd 28
4th and above 32
a. Up to 60 children may be in regular classroom activities as long as the staff -child ratio is main-
tained.
b. The school may combine more than 60 children for joint activities of limited duration as long as
the staff -child ratio is maintained.
c. In determining the staff -child ratio, the following apply:
(1) The school must use the developmental or emotional age of mentally retarded or emotionally
disturbed children as determined by a qualified consultant (see Consultation Services for Chil-
dren with Need for Special Care in Glossary).
(2) The school must maintain staff -child ratios as stated in standard 2500, 1 except during water
activities and field trips (see section 7000).
2. Each child must have a staff who is responsible for the child and who is aware of details of the child's
habits, interests, and any special problems. Staff must know the child's name and have information
showing his age.
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BUILDING, GROUNDS, AND EQUIPMENT
3100 (§81.310) Space
1. There must be at least 20 square feet of indoor activity space, measured wall-to-wall on the inside, for
each child in the school. The measurement does not include single -use areas (see Glossary).
2. The school must have an outdoor play space of at least 80 square feet for each child using the area at
one time.
3. All outdoor play areas regularly used by children must be accessible by a safe route.
3200 ( § 81.311) Fumishings
The school must ensure the following:
1. a working telephone with a listed number.
2. children have storage available for personal belongings.
3. enough chairs and tables or desks to meet the children's needs.
3300 (§81.312) Equipment
The school must provide indoor and outdoor equipment and materials to support the instructional pro-
gram and to meet the stated educational goals. The school must ensure that materials are appropriate to
the developmental levels and individual interests of the children. There must be a sufficient amount of
equipment and materials to avoid excessive competition among the children or long waits for materials.
3400 081.313) Toilet Facilities
1. The school must have inside toilets that are quickly available, convenient, and safe. Children must
have privacy in the use of the bathroom as needed.
2. There must be one flush toilet for every 20 children. Urinals may be counted in the ratio of children to
toilets, but they must not exceed 50% of the total number of toilets. Bathrooms that contain urinals
must also have flush toilets.
3. There must be one lavatory for every 20 children.
3500 081.314) Use of Facility
If programs not subject to regulation use the same facilities, the school must not use any space at the
same time another program is using that space.
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FIRE, SANITATION, AND SAFETY
4100 (481.315) Fire
1. In case of fire or danger of fire or explosion, the school's first responsibility is to evacuate the children
to a designated safe area.
a. The school must supervise children until the fire department determines the building is safe to re-
enter, the children are picked up by their families, or the customary school day ends.
b. The school must contact the fire department in case of fire or danger of fire, explosion, toxic fume,
or other chemical release.
2. The school must have an annual fire inspection with a written report by a local or state fire marshal.
The school must make any corrections called for in the report and must comply with any restrictions
imposed by the fire inspector.
3. The school must have at least one fire extinguisher approved by the fire marshal. The school must
mount the extinguisher on the wall by the hanger or bracket provided so that staff can reach and use
the extinguisher. The school must make the extinguisher readily available for immediate use by the
staff. The school must inspect the fire extinguisher monthly, record the date, and ensure the extin-
guisher is serviced when required.
4. By January 1, 1986, the school must ensure that the building is equipped with smoke detectors
installed and maintained according to the manufacturer's instructions and in compliance with
requirements of the local fire code.
5. The school must have emergency evacuation and relocation plans posted in each room the children
use. The plan must show two exit paths from each room unless the room opens directly to the out-
doors at ground level. The school must practice a fire drill every three months. It must practice other
emergency procedures once each year.
6. The school must have a flashlight or other battery -powered lighting available to use in case of electri-
cal failure.
7. The school must ensure that all children and staff are able to exit safely from the building within
three minutes in an emergency.
0
a. A school must not provide classes on any level above or below the ground floor unless the school
obtains the specific written approval of a fire marshal for use on other levels.
Section 4000
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b. A school must have at least two exits to the outside located in distant parts of the building. An
exit through a kitchen or other hazardous area cannot be one of the required exits unless specifi-
cally approved in writing by the fire marshal.
c. If any doors open into a fenced yard, children must be able to open the doors easily from inside the
school. The school must not have any locked doors between rooms while children are present.
d. The school must not have any blocked doors or pathways.
8. The school must ensure that heating devices and areas near heat sources are not fire hazards and
present no hazard to children.
a. If the school has gas appliances, the school must ensure that the appliances have metal tubing and
connections unless approved in writing by the fire marshal.
b. Open flame space heaters are prohibited. Space heaters must be enclosed and have the seal of
approval of a test laboratory approved by the fire marshal.
c. If the school has liquid or gas fuel heaters, the school must properly vent them to the outside.
Unvented liquid or gas fuel heaters are prohibited.
d. If the school uses a fireplace or a wood -burning stove, the school must properly vent it to the out-
side. The school must install a rigid screen or guard to prevent children from falling into the fire or
against the stove.
9. The school must ensure that gas pipes are tested annually for leaks.
4200 1481.316) Sanitation
1. The school must have an annual sanitation inspection with a written report by a local or state sanita-
tion official. The school must make any corrections and must comply with any restrictions stated in
the report.
2. The school must keep its building, grounds, and equipment cleaned, repaired, and maintained to pro-
tect the health of the children.
3. The school must have adequate light, ventilation, and heat.
4. The school must have an adequate supply of water meeting the standards of the Texas Department of
Health for drinking water. If possible, the source of water must be a public drinking water system.
5. The school must ensure that drinking water is always available to children. The school must supply
the water in a safe and sanitary manner.
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6. The school must ensure that the temperature of hot water available to children is controlled by a
thermostat so the water cannot scald (no higher than 120 degrees Fahrenheit).
7. The school must have adequate and safe flush toilets and sewage systems. If possible, the school
must be connected to a public sewage system. If public sewers are not available, the school must
have treatment facilities that meet the standards of the Texas Department of Health and that are
approved by the local health authority.
8. The school must keep all garbage in containers with tight lids. Garbage must be kept away from
areas used by children. The school must remove garbage from the building daily and from the school
at least once a week.
9. The school must take measures to keep the school free of insects and rodents.
10. Staff and children must wash their hands with soap and running water after using the toilet and
before eating. Staff must wash hands with soap and running water before and after caring for a child
with symptoms of a communicable disease and before handling food.
11. If children use washcloths or cloth towels, the school must ensure that each child has a clean individ-
ual cloth. If paper towels or facial tissues are furnished, the school must provide a clean individual
paper towel for each child.
4300 (481.317) Safety
1. The school must keep its building, grounds, and equipment repaired and maintained to protect the
safety of children.
a. The school's air conditions, electric fans, and heaters must be mounted out of children's reach or
have safeguards that keep children from being injured.
b. If 220 -volt electrical connections are within the children's reach, the school must cover them with
a screen or guard.
c. The school must equip stairs, porches, and platforms more than 2 feet above the ground with rail-
ings the children can reach.
d. The school must keep its play area free from standing water and sharp objects. The school must
keep tanks, ponds, open wells, drainage ditches, sewage pipes, dangerous machinery, and other
hazards fenced to keep the children out. The school must not have garbage cans or highly flamma-
ble material in the play area. Covered trash cans are permitted (see Glossary).
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2. Indoor and outdoor equipment and supplies used both at and away from the school must be safe for
the children.
a. Outdoor play equipment must be placed away from busy areas in the yard and securely anchored
unless portable by design.
b. The school must not allow toys that explode (such as caps) or that shoot things (such as darts or
BBs).
c. The school must ensure that both indoors and outdoors children do not have access to toxic sub-
stances.
d. All swing seats must be constructed of durable, lightweight, relatively pliable material, such as
rubber or nylon webbing.
e. All heavy equipment must be installed in a manner to prevent tipping over or collapsing.
f. The school must not allow children to use
(1) climbing equipment or swings on concrete or asphalt, or
(2) swings with concrete or asphalt in the fall zone (see Glossary).
g. The school must ensure that no equipment has openings or angles that could entrap (see Glossary)
a child's head.
h. The school must ensure that no pinch, crush, or shear points are on equipment (such as exposed or
open gears on rotating devices) or underneath equipment (such as axle assemblies on rotating
devices).
3. The school must have first aid supplies (see Glossary) readily available to staff in a designated loca-
tion out of the children's reach. The school must have a guide to first aid and emergency care immedi-
ately accessible. -
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PHYSICAL HEALTH
5100 1481.318) Health Requirements for Children
1. The school must have on file within one week of admission evidence that each child is physically able
to take part in the school program. Any of the following constitutes compliance:
a. a written statement from a licensed physician who has examined the child within the past year;
b. a copy of the medical screening form of the Early and Periodic Screening, Diagnosis and Treat-
ment (EPSDT) Program if no referral for further diagnosis and treatment is indicated;
c. a form or written statement from a health service or clinic, such as
(1) Head Start physical exam,
(2) well-child conferences or clinics,
(3) maternity and infant programs, and
(4) children and youth programs; or
d. a signed statement from a parent
(1) giving the name and address of a licensed physician who has examined the child within the
past year and states that the child is able to participate in the program. This must be followed
within 12 months by a document as described in a, b, or c;
(2) giving the name and address of the physician with whom an appointment for examination has
been made or the address of the EPSDT screening site where the examination will take place.
Following the examination, the parent must submit a document as described in a, b, or c; or
(3) stating that medical diagnosis and treatment are against the parent's religion.
2. The school must keep current immunization records for each child at the school. (See Appendix III
for immunization requirements.) The school must ensure that each child's immunization record
includes the child's birth date, the number of doses and type, and the dates (month, day, and year) the
child received each immunization. The school's compliance with the standard is measured by one or
more of the following for each child:
a. a dated record that the child has been immunized against diphtheria, tetanus, pertussis, polio,
measles, mumps, and rubella. There must be
(1) a record with a rubber stamp or signature of the physician or health personnel, or
Section 5000
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(2) a machine or handwritten copy of the immunization record. Staff copying the information
must sign the handwritten copies.
b. a dated statement from a licensed physician or other authorized health personnel that immuniza-
tions against at least one of the diseases in standard 5100,, 2.a. have begun. The immunization
cycle must be completed as soon as is medically feasible. The school must have a current immuni-
zation record on file.
c. a certificate signed by a licensed physician stating that the required immunization would be injuri-
ous to the health and well-being of the child or a member of the child's family or household.
d. an affidavit (notarized statement) signed by the parent that the immunization conflicts with the
parent's religious beliefs and practices.
e. a dated statement signed by the parent that the child's immunization record is current and is on
file at a regulated facility the child attends. The parent must include the name of the facility in the
statement.
3. The school must have a record showing that the child has been tested for tuberculosis according to
recommendations of the Texas Department, of Health if the local health authorities or the regional
office of the Texas Department of Health recommends a test.
A dated statement signed by the parent that the child's tuberculosis test record is current and is on file
at a regulated facility the child attends also complies_ The parent must include the name of the facility in
the statement.
5200 (481.319), Illness or Injury
1. A child who appears dl must not be admitted to the school unless approved in writing by health per-
sonnel (see GIossary).
2. The school must handle illness or injury to protect the health of all children in the school'
a. The school must provide an ill or injured child with a bed, cot, or mat away from the other children.
The school must call the child's parent immediat* The child must be supervised until he leaves
the school
b. The school must plan how it would provide emergency care for an injured child, a child with symp-
toms of acute illness, and a child who is choking or not breathing. The planning must include the
continued supervision of other children in the school.
c. The school must give the child first aid or cardiopuhnonary resuscitation, if needed- In the case of
a critical illness or injury, the school must call the physician named by the parent, take the child to
the nearest emergency room or minor emergency clinic, or call for an emergency vehicle -
3. The school must follow the recommendations of the Texas Department of Health concerning the
admission or readmission of any child after a communicable disease (see Appendix VI).
Section 5000
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5300 (§81.320) Medications
1. If a school agrees to administer medications, the school must administer the medication to the child
as follows:
a. Prescription medications must be in the original container labeled with the child's name, a date,
directions, and the physician's name. The school must administer the medication as stated on the
label directions. The school must not administer medication after the expiration date.
b. The school must ensure that nonprescription medication is labeled with the child's name and the
date the medication was brought to the school. Nonprescription medication must be in the original
container. The school must administer it according to label directions if approved in writing by
health personnel or the child's parent (see Glossary).
c. The school must document each dose of medication administered showing the child's name; the
name of the medicine; date, time, and amount administered; and the name of the staff administer-
ing the medicine. The school must keep the record two weeks.
2. The school must keep medications out of children's reach or in locked storage.
3. The school must keep medications requiring refrigeration separate from food.
4. The school must return medications when no longer needed to the child's parent. The school must dis-
pose of medications when a child withdraws from the school or when the medicine is out of date.
5400 (§81.321) Emergency Phone Numbers
1. The school must post the following emergency telephone numbers by a telephone accessible to all
staff. This telephone must not be a pay phone.
a. Ambulance service or emergency medical services (EMS).
b. Police or sheriff's department.
c. Fire department.
d. Poison control center.
,
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e. Local DHR children's protective services office or child abuse hotline.
L The school (with address).
2. The school must keep the following telephone numbers in a place accessible to the telephone and to all
staff:
a. numbers at which parents may be reached, and
b. numbers of the physicians designated by the parents.
5500 081.322) Animals
1. The school must ensure that animals on the premises have been vaccinated according to a licensed
veterinarian's recommendations. The school must have documentation of the vaccinations.
2. The school must keep the school and play yard free of stray animals. The school must not allow chil-
dren to play with stray animals.
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FOOD SERVICE AND NUTRITION
6100 081.323) Food Service
1. The school must ensure that all food and drink served are of safe quality and are stored, prepared, dis-
tributed, and served under sanitary and safe conditions. The school must wash and sanitize food ser-
vice equipment (see Appendix VI).
2. The school must practice good hygiene when handling food. Staff with open or infected wounds must
not work in the food preparation area. No one may smoke in any of the food areas.
3. The school must discard single -service napkins, dishes, and utensils after use. Washable napkins and
tablecloths must be cleaned after each use.
4. The school must encourage, but not force, children to eat. The school must discuss recurring eating
problems with the child's parent.
5. Cleaning supplies must be clearly marked and kept separate from food.
Section 7000
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ACTIVITIES
7100 081.324) Operation
1. The school must provide activities for each group according to ages, interests, and abilities of the chil-
dren. The activities must be appropriate to each child's health, safety, and well-being. They also must
be flexible and promote each child's physical, emotional, social, and mental growth.
a. The school must provide physical care routines appropriate to each child's developmental needs.
b. The school must ensure that indoor and outdoor time periods include
(1) active and quiet activities,
(2) opportunity for individual and group activities, and
(3) outdoor time each day that weather permits.
2. The school must ensure the children's safety on field trips and excursions and during any transporta-
tion provided by or for the school. Transportation includes, but is not limited to, transportation pro-
vided between home and the school and between the school and a day care center. (See section 7700
for additional transportation standards.)
a. At least 48 hours before a field trip, the school must post in a prominent place a notice showing
which group of children will be on the field trip and where and when the group will go. The school
must ensure that the notice remains posted until the group returns to the school.
b. Staff supervising children must have immediate access to emergency medical for and emer-
gency contact information for each child in the group.
c. Staff must have a written list of the children in the group and must check the roll frequently.
d. Staff must have first aid supplies (see Glossary) available on field trips.
e. When children are on a field trip in an enclosed, controlled area, the school must maintain the staff -
child ratio as outlined in standard 2500, 1. An example would be any event planned for the group
including, but not limited to, skating, dancing, or gymnastic classes; library story time; or tours.
Section 7000
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f. When children are on a field trip and mixing with other children or adults, the adult -child ratio
must be as follows:
Age of Youngest Maximum Number of Children
Child In Group to be Supervised by One
Adult
4 years 9
5 years 11
6 years and older 15
Examples of this situation include trips to shopping centers, the circus, or amusement parks or other
activities in areas open to the general public.
(1) The number of regular staff supervising this type of field trip must be at least equal to the
number required by standard 2500, 1. The number may be supplemented by parents or volun-
teers trained in the school's field trip procedures.
(2) Children must have name tags or other identification listing the name and phone number of
the school.
g. Staff supervising a field trip must have transportation or a plan for transportation at the field trip
location in case of emergency.
7200 081.325) Discipline and Guidance
1. The school must ensure that discipline and guidance are consistent, are based on an understanding of
individual needs and development, and promote self-discipline and acceptable behavior.
2. There must be no cruel, harsh, or unusual punishment or treatment.
a. Staff must not shake, bite, or hit the children. The school must not put anything in or on a child's
mouth as punishment.
b. If the governing body believes that it is necessary to spank children, the school must have a state-
ment on file that it is the school's policy to permit physical punishment. The statement of the rules
that the school has adopted concerning the administration of physical punishment must include
that spanking be done only with a staff's open hand on a child's buttocks. Each incident must be
witnessed by another staff and documented in the school's records. The school must inform the
parents in writing of the policy and must have the parents' signed approval. (See Appendix IV for
alternative methods of discipline.)
c. The school may use brief, supervised separation from the group if necessary, but it must not place
children in a locked room or in a dark room with the door closed.
d. The school must not humiliate or subject children to abusive or profane language. The school must
not associate punishment with food.
10
Section 7000
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7300 081.326) Children with Need for Special Care
The school must ensure that children who need special care at the school because of disabling or limiting
conditions are given the care and activities qualified psychologists, physicians, or other experts recom-
mend.
7400 (§81.327) Water Activities
1. When a school uses a splashing or a wading pool with less than 2 feet of water, the following staff -
child ratio must be maintained:
Age of Youngest Number of Maximum Number
Child in Group Staff of Children
4 years 1 18
5 years 1 22
6 years and older 1 26
2. When the school uses a swimming pool (more than 2 feet of water), the following apply:
a. At the school, the pool must be enclosed by a fence at least 6 feet high and built so children cannot
easily climb over it. The school must keep the gate locked when the pool is not in use.
b. One lifesaving device must be available for each 2,000 square feet of water surface with a mini-
mum of two for each pool.
c. A certified lifeguard must be on duty at all times. This person must not be counted in the staff -
child ratio if people other than the children from the school are swimming.
d. Staff must be able to see clearly all parts of the pool, including the bottom.
3. The school must ensure that all drain grates are in place, are in good repair, and cannot be removed
without using tools.
4. The staff -child ratio for swimming is as follows:
Age of Youngest Number of Maximum Number
Child in Group Staff of Children
4 years 1 12
5 years 1 15
6 years and older 1 18
a. The number of regular staff supervising swimming activities must be at least equal to the number
required by standard 2500, 1. The number may be supplemented by parents or volunteers trained
in the school's procedures for supervising swimming.
Section 7000
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DHR 5-85
b. Adults included in the staff -child ratio for swimming must be able to swim and must constantly
supervise the swimming activity.
c. When four or more children are swimming, two adults must be present.
5. When children are in a pool that has a pump and filtering system, an adult who is able to turn off the
system immediately must be present.
6. The school must ensure that pool chemicals are inaccessible to children and that machinery rooms are
locked.
7. All pools the school uses must be maintained as stated in the standards of the Texas Department of
Health and local regulations.
7500 081.328) Transportation
1. Effective July 1, 1985, if a school provides transportation, each child being transported must ride in a
seat belt.
This requirement applies to all transportation including, but not limited to, transportation to and from
the school, to and from a day care center, and on field trips.
This requirement applies to any vehicle used by or for the school to provide transportation, regardless of
whether owned by the school and regardless of the type of vehicle - automobile, van, school bus, or other.
a. Only one person may use each seat belt.
b. A child may ride in a shoulder harness and seat belt if the shoulder harness goes across the child's
chest and not across the child's face or neck.
2. Effective July 1, 1985, the driver and all adult passengers in a vehicle transporting children must be
properly restrained by a seat belt when the vehicle is in motion.
3. The school must load and unload children at the curb side of the vehicle or in a protected parking area
or driveway. The school must ensure children are supervised when they cross a street after leaving a
vehicle.
4. The school must keep first aid supplies (see Glossary) in all school vehicles transporting children.
5. The school must equip all school vehicles used for transporting children with a minimum of one 6 -BC
portable fire extinguisher. The fire extinguisher must be installed in the passenger compartment of
the vehicle and must be accessible to the adult occupants.
6. The staff -child ratio must be met during transportation of children (see standard 2500, 1).
Glossary
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GLOSSARY
081.329) Glossary
Abuse — Nonaccidental infliction or threat of infliction of physical, emotional, or mental harm to a child.
Activity Space — Area or rooms used for children's activity including those separate from a group's
classroom (see also Single -use Area).
Administrative Functions — Functions that involve the management of a school such as bookkeeping,
enrolling children, answering the telephone, and collecting fees.
Admission — The process of entering a child in a school. The date of admission is the first day on which
the child is actually present in the school.
Adult — A person age 18 or older.
Aide — A person involved in direct care, supervision, and guidance of children. An aide works under the
direction of the staff who has primary responsibility for the children.
Application — The form the department furnishes to gather information about and to document the
intent of the governing body to set up a school- The application also includes all material required to be
submitted to the department.
Attendance — Children actually present in the school at any given time. (Not to be confused with enroll-
ment.)
Child — A person who has not reached his eighteenth birthday.
Child Development Associate Credential — A credential which is highly desirable for staff working
directly with young children; based on assessed competency in several areas of child care and child devel-
opment. Child development training is available in the public community and junior college system as
well as in four-year colleges, either in regular child development, vocational programs, or through adult
continuing education courses.
Children with Need for Special Care — Children with disabling or limiting conditions which prevent or
limit participation in the normal activities of the school and which may require additional supervision.
Disabling or limiting conditions include visual impairment or deafness, other physical disabilities, men-
tal retardation, emotional disturbance, or Iearning disabilities.
Consultation Services for Children with Need for Special Care — Qualified consultants include psycholo-
gists, special education counselors, educational diagnosticians, special education supervisors, teachers
certified by the lbxas Education Agency to teach mentally retarded or emotionally disturbed children,
pediatricians, licensed registered nurses, child psychiatrists, and MSW social workers skilled in assess-
ing normal and unusual developmental problems in children.
Such consultants may be found in state schools and hospitals, MHMR centers, human development
centers, public school special education departments, university psychology or special education depart-
ments, and the state listing of certified psychologists. (Copies of "Roster-lbxas State Board of Exam-
iners of Psychologists" can be found in local DHR offices or can be ordered from the state office
Business Management Bureau.)
Glossary
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DHR 5-85
Continuing Education Unit (CEU) — A certificate granted by an educational institution to a person who
has completed a training course. (One CEU is granted for 10 clock hours of formal training.)
Department (DHR) — Used in this document to refer only to the Texas Department of Human
Resources.
Direct Teaching — The supervision, guidance, instruction, and care of children as compared to food ser-
vice, janitorial functions, or administrative functions.
Director — That person the governing body designates to assume daily on-site responsibility for the
operation of a school, including maintenance of minimum standards. In multiple schools under a chief
administrative officer, the director is the person physically present at each school.
Enrollment — The list of names of children registered with the school. (Not to be confused with attend-
ance.)
Entrapping Equipment — A component or group of components on play equipment that forms angles or
openings that could trap a child's head by being (1) too small to allow the child to withdraw his head eas-
ily, and (2) placed so that the child would be unable to support his weight by means other than his head or
neck.
Facility — Includes people, administration, governing body, activities (on or off the premises), opera-
tions, buildings, grounds, equipment, furnishings, and materials.
Fall Zone — An area extending 4 feet from climbing structures; 5 feet from the bottom of a slide (other
parts of the slide are climbing structures); 7 feet plus the length of a swing's chain from the point of its
suspension; and 7 feet from a merry-go-round and other revolving devices.
First Aid Supplies — Required supplies include multi -size adhesive bandages, gauze pads, tweezers, cot-
ton balls, hydrogen peroxide, syrup of ipecac, and a thermometer.
Food Service — The preparation or serving of meals or snacks.
Garbage — Waste food or items which, when deteriorating, cause offensive odors and attract rodents,
insects, and the like.
Governing Body — The entity with ultimate authority and responsibility for the overall operation of the
school. All governing bodies will be one of the following types:
(A) Sole proprietorship — Owned by an individual with the legal right and responsibility to possess,
operate, sell, and otherwise deal with the facility. May include a facility owned in common by hus-
band and wife.
(B) Partnership — Combination by contract of two or more people who use their money, labor, and
skill to carry on a continuing business, dividing the profits and sharing the losses in an agreed
manner. Includes general and limited partnerships.
Glossary
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(C) Corporation — An intangible entity created by individuals to operate for profit but to limit indi-
vidual liability. Organized according to the Texas Business Corporation Act or similar act of
another state as evidenced by its Articles of Incorporation.
(D) Nonprofit corporation — Equivalent of "not for profit corporation." None of the income is distrib-
uted to members, directors, or officers. Organized under the lbxas Non -Profit Corporation Act.
(E) Nonprofit corporation with religious affiliation — Has nonprofit corporation status and is oper-
ated by, responsible to, or associated with an organization of individuals devoted to religious pur-
poses. Does not include those whose relationship with a religious organization is only for business,
such as those who only lease space.
(F) Association — A combination of individuals and interests of some kind without IRS tax-exempt
status. Not organized under the Texas Business Corporation Act.
(G) Nonprofit association — A combination of individuals and interests of some kind, synonymous
with "society," with operations devoted to charitable, benevolent, religious, patriotic, or educa-
tional purposes. Not organized under the Texas Business Corporation Act.
(H) Nonprofit association with religious affiliation — A combination of individuals and interests of
some kind; synonymous with "society," with operations devoted to religious purposes. Not orga-
nized under the Texas Business Corporation Act. Operated by, responsible to, or associated with
an organization of individuals devoted to religious purposes. Does not include those whose rela-
tionship with a religious organization is only for business, such as those who only lease space.
(I) State operated — Operated by, under the direct jurisdiction of, and responsible to an agency of the
state of Texas.
(J) Other political subdivision — Operated by and under the jurisdiction of a county municipality,
school district, or other political entity.
Governing Body Designee — The person named on the application as the designated representative of a
governing body that is not a sole proprietorship or partnership.
Group — A specific number of children assigned to specific staff. Each child in any group has the follow-
ing things in common with every other child in his group: (1) the same staff responsible for the child's
basic needs, and (2) the same classroom or activity space.
Handwashing — Rubbing hands together with soap under running water.
Health Personnel — A licensed physician, a licensed registered nurse, or a person providing preventive,
diagnostic, or therapeutic medical care to individuals in the community.
Glossary
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Janitorial Functions — Those services that involve cleaning and maintenance above that which is
required for the continuation of the school program. Sweeping after an activity or mopping up spills may
be necessary for continued use of the classroom, but total sweeping, vacuuming, or mopping of a class-
room is a janitorial function.
Kindergarten Class — A class for children who will be in first grade the next September.
License — A complete document issued to the governing body of a school authorizing the licensee to
operate at a specified location according to the provisions of the license, the law, and the rules and regu-
lations of the Texas Department of Human Resources.
Neglect — Nonaccidental failure or threatened failure to provide a child with the physical and emotional
requirements for life, growth, and development.
Parent — Used in this document to refer to parent, legal guardian, or managing conservator.
Plan of Operation — The form the department furnishes on which the governing body outlines the plans
for operating the school.
Probation — A sanction placed on a school instead of revocation. Under probation, the school may
remain open and continue to provide a program for children.
Provisional License — A license the department issues to a school whose plans meet the department
requirements but which is (1) not currently operating, (2) not licensed for the location stated in the appli-
cation, or (3) changing ownership.
School — Any facility, whether known or incorporated under such descriptive title or name "School,"
"Kindergarten," and the like, which receives children for an education program. This term applies to pro-
gram, buildings, grounds, furnishings, and equipment.
School Area — That area specifically licensed for use by the school program. This may include a specific
portion or portions of the building and grounds of a larger facility or one or more buildings at the same
location. That area, both indoor and outdoor, designated in the plan of operation.
School Location — The street address of the school; the lot or lots on which the building or buildings are
located.
Glossary
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DHR 5-85
School Program — Those services and activities provided by a school; the daily schedule.
Sexual Abuse or Sexual Molestation — Any sexually oriented act or practice involving staff or another
adult and a child in care. Examples include, but are not limited to, fondling, sexual intercourse, sexual
stimulation, sodomy, incest, rape, and using the child in sexually explicit films or pictures.
Single -use Areas — Include, but are not limited to, bathrooms, hallways, storage rooms, cooking areas of
kitchens, and indoor swimming pools.
Staff — Any person responsible for working in contact with children whether paid or unpaid.
Supervision — Caring for or teaching a child or a group of children. This includes awareness of and
responsibility for the ongoing activity of each child. It requires physical presence, knowledge of activity
requirements and children's needs, and accountability for their care. This includes staff being near
enough to children to intervene when needed.
Training — Time spent in workshops; conferences of child care, early childhood, or educational associa-
tions; formal schooling, self -instructional materials; or planned learning opportunities provided by direc-
tors, other staff, or consultants. Training must be in subject areas such as child care, child development,
and early childhood education. Training for directors may also be in supervision of staff or program
administration.
Trash/Litter — Paper products, plastic, cloth, and the like.
Water Activities - Related to the use of splashing pools, wading pools, swimming pools, or other bodies
of water.
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DHR 5-85
INTRODUCTION
The Child Care Licensing Act of 1975, formerly
Texas Revised Civil Statues Annotated, Article 695a-
3, is now Chapter 42 of the Human Resources Code.
The correct citation is Human Resources Code, Chap-
ter 42.
CHAPTER 42, REGULATION OF CHILD-CARE FACILITIES
SUBCHAPTER A.
Sec. 42.043.
RULES FOR IMMUNIZATIONS
GENERAL PROVISIONS
Sec. 42.044.
INSPECTIONS
Sec. 42.045.
RECORDS
Sec. 42.001.
PURPOSE
Sec. 42.046.
LICENSE APPLICATION
Sec. 42.001.
DEFINITIONS
Sec. 42.047.
CONSULTATIONS
Sec. 42.048.
ADVISORY OPINIONS
(Sections 42.003-42.020
Sec. 42.049.
LICENSING
reserved for expansion)
Sec. 42.050.
LICENSE RENEWAL
Sec. 42.051.
PROVISIONAL LICENSE
Sec. 42.052.
CERTIFICATION AND
SUBCHAPTER B.
REGISTRATION
ADMINISTRATIVE PROVISIONS
Sec. 42.053.
AGENCY HOMES
Sec. 42.021.
DIVISION DESIGNATED
(Sections 42.054-42.070
Sec. 42.022.
STATE ADVISORY COMMITTEE
reserved for expansion)
Sec. 42.023.
ANNUAL REPORT
Sec. 42.024.
ADMINISTRATIVE PROCEDURE
SUBCHAPTER D. REMEDIES
(Sections 42.025-42.040
reserved for expansion)
Sec. 42.071.
LICENSE SUSPENSION AND
PROBATION
Sec. 42.072.
LICENSE DENIAL OR REVOCA-
SUBCHAPTER C. REGULATION OF
TION
CHILD-CARE FACILITIES
Sec. 42.073.
CLOSING A FACILITY
Sec. 42.074.
INJUNCTIVE RELIEF
Sec. 42.041.
REQUIRED LICENSE
Sec. 42.075.
CIVIL PENALTY
Sec. 42.042.
RULES AND STANDARDS
Sec. 42.076.
CRIMINAL PENALTIES
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SUBCHAPTER A. GENERAL PROVISIONS
Sec. 42.001. PURPOSE. The purpose of this chapter
is to protect the health, safety, and wellbeing of the chil-
dren of the state who reside in childcare facilities by estab-
lishing statewide minimum standards for their safety and
protection and by regulating the facilities through a licens-
ing program. It is the policy of the state to ensure the pro-
tection of all children under care in child-care facilities and
to encourage and assist in the improvement of childcare
programs. It is also the intent of the legislature that free-
dom of religion of all citizens is inviolate, and nothing in
this chapter gives a governmental agency authority to reg-
ulate, control, supervise, or in any way be involved in the
form, manner, or content of religious instruction or the
curriculum of a school sponsored by a religious organiza-
tion.
Sec. 42.002. DEFINITIONS. In this chapter:
(1) "Child" means a person under 18 years of age.
(2) "Division" means the division designated by the
department to carry out the provisions of this chapter.
(3) "Child-care facility" means a facility that provides
care, training, education, custody, treatment, or supervi-
sion for a child who is not related by blood, marriage, or
adoption to the owner or operator of the facility, for all or
part of the 24-hour day, whether or not the facility is oper-
ated for profit or charges for the services it offers.
(4) "Child-care institution" means a child-care facility
that provides care for more than 12 children for 24 hours
a day, including facilities known as children's homes, half-
way houses, residential treatment camps, emergency
shelters, and training or correctional schools for children.
(5) "Foster group home" means a facility that provides
care for 7 to 12 children for 24 hours a day.
(6) "Foster family home" means a facility that provides
care for not more than six children for 24 hours a day.
(7) "Day-care center" means a facility that provides
care for more than 12 children under 14 years of age for
less than 24 hours a day.
(8) "Group day-care home" means a facility that pro-
vides care for 7 to 12 children under 14 years of age for
less than 24 hours a day.
(9) "Registered family home" means a facility that reg-
ularly provides care in the caretaker's own residence for
not more than six children under 14 years of age, exclud-
ing the caretaker's own children, and that provides care
after school hours for not more than six additional elemen-
tary school siblings of the other children given care, but
the total number of children, including the caretaker's
own, does not exceed 12 at any given time.
(10) "Family day home" means a facility that provides
care for not more than six children under 14 years of age
for less than 24 hours a day not in the caretaker's own
residence nor in the residence of one or more of the chil-
dren.
01) "Agency home" means a private home that pro-
vides care for not more than six children, that is used only
by a licensed child -placing agency, and that meets division
standards.
(12) "Child -placing agency" means a person other
than the natural parents or guardian of a child who plans
for the placement of or places a child in an institution,
agency home, or adoptive home.
(13) "Facilities" includes child-care facilities and child -
placing agencies.
(14) "State of Texas" or "state" does not include polit-
ical subdivisions of the state.
(Sections 42.003-42.020
reserved for expansion)
SUBCHAPTER B.
ADMINISTRATIVE PROVISIONS
Sec. 42.021. DIVISION DESIGNATED. (a) The
department shall designate a division within the depart-
ment to regulate and license child-care facilities and child -
placing agencies. The division shall enforce the provisions
of this chapter and the rules and standards adopted by the
department under this chapter and shall carry out other
responsibilities the department may delegate or assign.
(b) The commissioner of the department shall appoint
as director of the division a person who:
(1) meets the qualifications required of a childcare
administrator by Chapter 43 of this code;
(2) holds a graduate degree in social science or law
and has five years' administrative experience in a field
related to child care; or
(3) has 10 years' experience in a field related to child
care, at least 5 of which must be administrative.
(c) The department shall employ sufficient personnel
and provide training for the personnel to carry out the pro-
visions of this chapter.
(d) The director may divide the state into regions for the
purpose of administering this chapter.
Sec. 42.022. STATE ADVISORY COMMITTEE. (a)
The State Advisory Committee on Child-care Facilities is
composed of 15 citizens of this state appointed by the
commissioner.
(b) Members of the committee serve for terms of two
years.
(c) The members must represent the following groups:
(1) parents, guardians, or custodians of children who
use the facilities;
(2) child advocacy groups;
(3) operators of the facilities; and
(4) experts in various professional fields that are rele-
vant to child care and development.
(d) At least three members of the division staff shall
meet with the committee, and the division shall provide
staff necessary for the committee.
(e) The committee shall review rules and minimum
standards for child-care facilities and child -placing agen-
cies promulgated by state agencies, and shall advise the
department, the division, the council, and state agencies
on problems of childcare facilities and child -placing agen-
cies.
(f) The committee shall receive and review the annual
report of the division.
(g) The committee shall meet twice a year, and the
members shall receive their actual travel expenses and the
state per diem.
Sec. 42.023. ANNUAL REPORT. (a) The division shall
send an annual report of its activities to the governor, lieu-
tenant governor, and members of the legislature.
(b) The annual report shall include:
(1) a report by regions of applications for licensure or
certification, of provisional licenses issued, denied, or
revoked, of emergency closures and injunctions, and of
the compliance of state -operated agencies with certifica-
tion requirements;
(2) a summary of the amount and kind of inservice
training and other professional development opportunities
provided for division staff;
(3) a summary of training and other professional
development opportunities offered to facilities' staffs; and
(4)a report of new administrative procedures, of the
number of staff and staff changes, and of plans for the
coming year.
(c) Copies of the annual report shall be available to any
state citizen on request.
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Appendix I
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DHR 5-85
Sec. 42.024. ADMINISTRATIVE PROCEDURE. The
Administrative Procedure and Texas Register Act (Article
6252-13a, Vernon's Texas Civil Statutes) applies to all
procedures under this chapter except where it is contrary
to or inconsistent with the provisions of this chapter.
(Sections 42.025-42.04S
reserved for expansion)
SUBCHAPTER C. REGULATION OF
CHILD-CARE FACILITIES
Sec. 42.041. REQUIRED LICENSE. (a) No person
may operate a child-care facility or child -placing agency
without a license issued by the division.
(b) This section does not apply to:
(1) a state -operated facility;
(2) an agency home;
(3) a facility that is operated in connection with a
shopping center, business, religious organization, or
establishment where children are cared for during short
periods while parents or persons responsible for the chil-
dren are attending religious services, shopping, or engag-
ing in other activities on or near the premises, including
but not limited to retreats or classes for religious instruc-
tion;
(4) a school or class for religious instruction that does
not last longer than two weeks and is conducted by a reli-
gious organization during the summer months;
(5) a youth camp licensed by the Texas Department
of Health;
(6) a hospital licensed by the Texas Department of
Mental Health and Mental Retardation or the Texas
Department of Health;
(7) an educational facility accredited by the Central
Education Agency or the Southern Association of Col-
leges and Schools that operates primarily for educational
purposes in grades kindergarten and above;
(8) an educational facility that operates solely for
educational purposes in grades kindergarten through at
least grade two, that does not provide custodial care for
more than one hour during the hours before or after the
customary school day, and that is a member of an organi-
zation that promulgates, publishes, and requires compli-
ance with health, safety, fire, and sanitation standards
equal to standards required by state, municipal, and
county codes;
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Appendix I
Page 34
DHR 5-85
(9) a kindergarten or preschool educational program
that is operated as part of a public school or a private
school accredited by the Central Education Agency, that
offers educational programs through grade six, and that
does not provide custodial care during the hours before or
after the customary school day; and
(10) a registered family home.
(11) an educational facility that is integral to and
inseparable from its sponsoring religious organization or
an educational facility both of which do not provide custo-
dial care for more than two hours maximum per day, and
that offers educational programs for children age five and
above in one or more of the following: kindergarten
through at least grade three, elementary, or secondary
grades.
(c) A single license that lists addresses and the appro-
priate facilities may be issued to a child-care institution
that operates noncontiguous facilities that are nearby and
that are demonstrably a single operation as indicated by
patterns of staffing, finance, administrative supervision,
and programs.
(d) A person operating or desiring to operate a child-
care facility that is exempt from the provisions of Subsec-
tion (a) of this section may apply to the division for a
license as provided in Section 42.046 of this code The
division may not deny an exempt facility a license on the
ground that it is exempt from Subsection (a) of this sec-
tion. A facility exempt from the provisions of Subsection
(a) of this section that desires to receive or participate in
federal or state funding shall be required to comply with all
other provisions of this Act and with all regulations
promulgated thereunder.
(e) The exemptions provided by Subsection (b) of this
section do not affect the authority of local, regional, or
state health department officials, the state fire marshal, or
local fire prevention officials to inspect child-care facilities.
Sec. 42.042. RULES AND STANDARDS. (a) The
department shall make rules to carry out the provisions of
this chapter.
(b) The department shall conduct a comprehensive
review of all rules and standards at least every six years.
(c) The department shall provide a standard procedure
for receiving and recording complaints and a standard
form for recording complaints.
(d) The department shall provide standard forms for
applications and inspection reports.
(e) The department shall promulgate minimum stan-
dards for child-care facilities covered by this
chapter that will:
(1) promote the health, safety, and welfare of chil-
dren attending a facility;
(2) promote safe, comfortable, and healthy physical
facilities for children;
(3) ensure adequate supervision of children by capa-
ble, qualified, and healthy personnel;
(4) ensure adequate and healthy food service where
food service is offered;
(5) prohibit racial discrimination by child-care facili-
ties; and
(6) require procedures for parental and guardian con-
sultation in the formulation of children's educational and
therapeutic programs.
(f) In promulgating minimum standards for childcare
facilities, the department shall recognize the various cate-
gories of facilities, including facilities offering specialized
care, and the various categories of children and their par-
ticular needs. Standards for child-care institutions must
require an intake study before a child is placed in an insti-
tution. The intake study may be conducted at a commu-
nity mental health and mental retardation center.
(g) In promulgating minimum standards, the depart-
ment may recognize and treat differently the following
child-care facilities: child -caring institutions, foster homes,
day-care centers, group daycare homes, family day
homes, registered family homes, and agency homes.
(h) The department shall promulgate minimum stan-
dards for child -placing agencies.
(i) Before adopting minimum standards, the division
shall present the proposed standards to the State Advisory
Committee on Child -Care Facilities for review and com-
ment, and shall send a copy of the proposed standards to
each licensee covered by the proposed standards at least
60 days before the standards take effect to provide the
licensee an opportunity to review and to send written sug-
gestions to the council and the department.
(j) The department may waive compliance with a mini-
mum standard in a specific instance if it determines that
the economic impact of compliance is sufficiently great to
make compliance impractical.
(k) The department may not regulate or attempt to reg-
ulate or control the content or method of any organization
or curriculum of a school sponsored by a religious organi-
zation.
Sec. 42.043. RULES FOR IMMUNIZATIONS.
(a) The department shall make rules for the immunization
of children admitted to facilities.
(b) The department shall require that each child at an
appropriate age have a test for tuberculosis and be immu-
nized against diptheria, tetanus, poliomyelitis, rubella, and
rubeola The immunization must be effective on the date
of first entry into the facility. However, a child may be pro-
visionally admitted if the required immunizations have
begun and are completed as rapidly as medically feasible.
(c) The Texas Department of Health shall make rules for
the provisional admission of children to facilities and may
modify or delete any of the immunizations listed in Sub-
section (b) of this section or require additional immuniza-
tions as a requirement for admission to a facility.
(d) No immunization may be required for admission to
a facility if a person applying for a child's admission sub-
mits one of the following affidavits:
(1) an affidavit signed by a licensed physician stating
that the immunization would be injurious to the health and
well-being of the child or a member of the child's family or
household; or
(2) an affidavit signed by the child's parent or guard-
ian stating that the immunization conflicts with the tenets
and practices of a recognized religious organization of
which the applicant is an adherent or a member.
(e) Each facility shall keep an individual immunization
record for each child admitted, and the records shall be
open for inspection by the division at all reasonable times.
(f) The Texas Department of Health shall provide the
immunizations required by this section to children in areas
where there is no local provision of these services.
Sec. 42.044. INSPECTIONS. (a) An authorized repre-
sentative of the division may visit a facility during operat-
ing hours to investigate, inspect, and evaluate.
(b) The division shall inspect all licensed or certified
facilities at least once a year and may inspect other facili-
ties as necessary. At least one of the annual visits must be
unannounced and all may be unannounced.
(c) The division must investigate a facility when a com-
plaint is received. The division representative must notify
the facility's director or authorized representative when a
complaint is being investigated and report in writing the
results of the investigation to the director or the director's
authorized representative.
(d) The division may call on political subdivisions and
governmental agencies for assistance within their autho-
rized fields.
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Appendix I
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DHR 5-85
Sec. 42.045. RECORDS. (a) A person who operates a
licensed or certified facility shall maintain individual child
development records, individual health records, statistical
records, and complete financial records.
(b) A person who operates a licensed facility shall have
an annual audit by a certified public accountant of the
facility's books. A copy of the accountant's statement of
income and disbursements must accompany an applica-
tion for a license. This subsection does not apply to a facil-
ity that provides care for less than 24 hours a day or to an
agency home.
(c) If a child -placing agency terminates operation as a
child -placing agency, it shall, after giving notice to the
department, transfer its files and records concerning
adopted children, their biological families, and their adop-
tive families to the department or to a facility licensed by
the department to place children for adoption.
Sec. 42.046. LICENSE APPLICATION. (a) An appli-
cant for a license to operate a child-care facility or child -
placing agency shall submit to the divison a completed
application on a form provided by the division.
(b) The division shall supply the applicant the applica-
tion form and a copy of the appropriate minimum stan-
dards.
(c) After receiving an application, the division shall
investigate the applicant and the plan of care for children.
(d) The division shall complete the investigation and
decide on an application within two months after the date
the division receives an application.
Sec. 42.047. CONSULTATIONS. (a) The department
shall offer consultation to potential applicants, applicants,
and license and certification holders about meeting and
maintaining standards for licensing and certification and
achieving programs of excellence in child care.
(b) The department shall offer consultation to prospec-
tive and actual users of facilities.
Sec. 42.048. ADVISORY OPINIONS. (a) The director
of the division may give an advisory opinion on whether or
not a planned facility or a planned change in an existing
facility complies with the division's rules and minimum
standards.
S:GK&A
Appendix I
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DHR 5-85
(b) A written opinion authorized by Subsection (a) of
this section is binding on the division as a declaratory
order if it is signed by the division director and the division
representative administering this chapter in a division
region, and if an applicant or license holder has acted in
reliance on the opinion.
Sec. 42.049. LICENSING. (a) The division shall issue
a license after determining that an applicant has satisfied
all requirements.
(b) When issuing a license, the division may impose
restrictions on a facility, including but not limited to the
number of children to be served and the type of children
to be served.
(c) The division may grant a variance of an individual
standard set forth in the applicable standards for good and
just cause.
(d) A license holder must display a license issued under
this chapter in a prominent place at the facility.
(e) A license issued under this chapter is not transfer-
able and applies only to the operator and facility location
stated in the license application. A change in location or
ownership automatically revokes a license.
(f) A biennial license must be issued if the division
determines that a facility meets all requirements. The eval-
uation shall be based on a specified number of visits to the
facility and a review of all required forms and records.
Sec. 42.050. LICENSE RENEWAL. (a) A license
holder may apply for a new license in compliance with the
requirements of this chapter and the rules promulgated by
the division.
(b) The application for a new license must be com-
pleted and decided on by the division before the expiration
of the license under which a facility is operating.
(c) The division shall evaluate the application for a new
license to determine if all licensing requirements are met.
The evaluation must include a specified number of visits
to the facility and a review of all required visits to the facil-
ity and a review of all required forms and records.
Sec. 42.051. PROVISIONAL LICENSE. (a) The divi-
sion shall issue a provisional license when a facility's plans
meet the department's licensing requirements and one of
the following situations exists:
Co
(1) the facility is not currently operating;
(2) the facility is not licensed for the location stated in
the application; or
(3) there is a change in ownership of the facility.
(b) A provisional license is valid for six months from the
date it is issued and is not renewable.
Sec. 42.052. CERTIFICATION AND REGISTRATION.
(a) A state -operated child-care facility or child -placing
agency must receive certification of approval from the
division. The certification of approval must be renewed
every two years.
(b) To be certified, a facility must comply with the
department's rules and standards and any provisions of
this chapter that apply to a licensed facility of the same
category. The operator of a certified facility must display
the certification in a prominent place at the facility.
(cl A registered family home must be registered with
the division.
(d) To be registered with the division, a registered fam-
ily must comply with the department's rules and stan-
dards and any provision of this chapter that applies to a
registered family home.
(e) The certification requirements of this section do not
apply to a Texas Youth Council facility or a facility provid-
ing services solely for the Texas Youth Council.
Sec. 42.053. AGENCY HOMES. (a) An agency home
is considered part of the child -placing agency that oper-
ates the agency home for purposes of licensing.
(b) The operator of a licensed agency shall display a
copy of the license in a prominent place in the agency
home used by the agency.
(c) An agency home shall comply with all provisions of
this chapter and all department rules and standards that
apply to a child-care facility caring for a similar number of
children for a similar number of hours each day.
(d) The division shall revoke or suspend the license of a
child -placing agency if an agency home operated by the
licensed agency fails to comply with Subsection (c) of this
section.
(Sections 42.054-42.070
reserved for expansion)
SUBCHAPTER D. REMEDIES
Sec. 42.071. LICENSE SUSPENSION AND PROBA-
TION. (a) The division may suspend the license of a facil-
ity that has temporarily ceased operation but has definite
plans for starting operations again within the time limits of
the issued license.
(b) The division may suspend a facility's license for a
definite period rather than deny or revoke the license if the
division finds repeated noncompliance with standards that
do not endanger the health and safety of children. To qual-
ify for license suspension under this subsection, a facility
must suspend its operations and show that standards can
be met within the suspension period.
(c) The division may place a facility on probation for a
definite period not to extend beyond the expiration date of
the license rather than suspend or revoke the license. The
division may revoke the license of the facility during the
probationary period if the facility does not meet the condi-
tions of probation.
(d) The division shall revoke the license of a facility that
does not comply with standards at the end of a license
suspension or probation.
Sec. 42.072. LICENSE DENIAL OR REVOCATION.
(a) The division may deny or revoke the license or certifi-
cation of approval of a facility that does not comply with
the requirements of this chapter, the standards and rules
of the department, or the specific terms of the license or
certification.
(b) The division shall notify the person operating or pro-
posing to operate a facility of the reasons for the denial or
revocation and of the person's right to appeal the decision
within 30 days after receiving the notice.
(c) A person who wishes to appeal a license denial or
revocation shall notify the director by certified mail within
30 days after receiving the notice required in Subsection
(b) of this section. The person shall send a copy of the
notice of appeal to the assigned division representative.
(d) Within 14 days after the date the appeal notification
was mailed, the director shall appoint an advisory review
board to hear the appeal or notify the person requesting
the appeal that the request is denied.
(e) Within 14 days after notifying a person that an advi-
sory review board will hear the case, the director shall
appoint five of the person's peers to the board and set a
date for the hearing. The date for the hear-
S:GK&A
Appendix I
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DHR 5-85
ing must be within 28 days after the date the board mem-
bers are appointed.
(f) The advisory review board shall hear the appeal and
render its opinion to the director within seven days after
the last day of the hearing. The board members shall
receive actual travel expenses and the state per diem for
each day of the hearing.
(g) A committee composed of the director, the division
representative responsible for establishing standards, and
the division representative administering this chapter in
the region where the facility in question is located shall
review the opinion. The committee shall make a decision
within 14 days after receiving the opinion and shall notify,
by certified mail, the person who appealed.
(h) A person whose license has been denied or revoked
may challenge the committee's decision by filing a suit in
a district court of Travis County or the county in which the
person's facility is located within 30 days after receiving
the committee's decision. The trial shall be de novo.
(i) Records of the department's hearing shall be kept for
one year after a committee decision is rendered. On
request, and at the person's own expense, the division
shall supply a copy of the verbatim transcript of the advi-
sory board hearing to a person appealing a license denial
or revocation in district court.
(j) A person may continue to operate a facility during an
appeal of a license denial or revocation unless the division
has sought injunctive relief under Section 42.074 or civil
penalties under Section 42.075 of this code.
Sec. 42.073. CLOSING A FACILITY. (a) The division
may close the facility and place the children attending the
facility in another facility if the division finds violations of
this chapter or violations of the department's rules and
standards that create an immediate danger for children.
(b) A division representative who finds conditions
described in Subsection (a) of this section shall immedi-
ately notify the director and request an immediate inspec-
tion of the facility by the director or the director's
designee.
(c) The division shall report to the governor and the
commissioner of the department when a stateoperated
facility is found in violation of this chapter or the depart-
ment's rules and standards and the violation threatens
serious harm to the children in the facility.
S:GK&A
Appendix I
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DHR 5-85
(d) Closing a facility under this section is an emergency
measure. The division shall seek an injunction against
continued operation of the facility after closing a facility
under this section.
Sec. 42.074. INJUNCTIVE RELIEF. (a) When it
appears that a person has violated, is violating, or is
threatening to violate the licensing, certification, or regis-
tration requirements of this chapter or the department's
licensing, certification, or registration rules and standards,
the division may file a suit in a district court in Travis
County or in the county where the facility is located for
assessment and recovery of civil penalties under Section
42.075 of this code, for injunctive relief, including a tem-
porary restraining order, or for both injunctive relief and
civil penalties.
(b) The district court shall grant the injunctive relief the
facts may warrant.
(c) At the division's request, the attorney general shall
conduct a suit in the name of the State of Texas for injunc-
tive relief, to recover the civil penalty, or for both injunctive
relief and civil penalties as authorized by Subsection (a) of
this section.
Sec. 42.075. CIVIL PENALTY. (a) A person is subject
to a civil penalty of not less than $50 nor more than $ 100
for each day of violation and for each act of violation if the
person:
(1) threatens serious harm to a child in a facility by
violating a provision of this chapter or a department rule or
standard;
(2) violates a provision of this chapter or a depart-
ment rule or standard three or more times within a 12 -
month period; or
(3) places a public advertisement for an unlicensed
facility.
(b) The civil penalty authorized by this section is cumu-
lative and in addition to the criminal penalties and injunc-
tive relief provided by this chapter.
Sec. 42.076. CRIMINAL PENALTIES. (a) A person
who operates a child-care facility or childplacing agency
without a license commits a Class B misdemeanor.
(b) A person who places a public advertisement for an
unlicensed facility commits a Class C misdemeanor.
CHAPTER 17. EMERGENCY PROCEDURES IN SUIT BY
GOVERNMENTAL ENTITY
Section 17.03. Taking Possession of a Child Without
a Court Order. (a) An authorized representative of
the Texas Department of Human Resources, a law
enforcement officer, or a juvenile probation officer
may take possession of a child without a court
order under the following conditions and no oth-
ers:
(1) upon discovery of a child in a situation
of danger to the child's physical health or safety
when the sole purpose is to deliver the child with-
out unnecessary delay to the parent, managing
conservator, possessory conservator, guardian,
caretaker, or custodian who is presently entitled to
possession of the child;
(2) upon the voluntary delivery of the child
by the parent, managing conservator, possessory
conservator, guardian, caretaker, or custodian who
is presently entitled to possession of the child;
(3) upon personal knowledge of facts which
would lead a person of ordinary prudence and cau-
tion to believe that there is an immediate danger
to the physical health or safety of the child and
that there is no time to obtain a temporary
restraining order or attachment under Section
17.02 of this code; or
(4) upon information furnished by another
which has been corroborated by personal knowl-
edge of facts and all of which taken together would
lead a person of ordinary prudence and caution to
believe that there is an immediate danger to the
physical health or safety of the child and that
there is no time to obtain a temporary restraining
order or attachment under Section 17.02 of this
code.
(See the full text of Section 17.03 for specifics on
the court hearings which follow taking possession
of a child in an emergency.)
CHAPTER 34. REPORT OF CHILD ABUSE
Section 34.01. Persons Required to Report
Section 34.011. Form
Section 34.02. Contents of Report: To Whom
Made
Section 34.03. Immunities
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Appendix II
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DHR 5-85
APPENDIX II
EXCERPTS FROM THE TEXAS FAMILY CODE (AMENDED)
Section 34.04.
Privileged Communications
Section 34.05.
Investigation and Report of
Receiving Agency
Section 34.06.
Central Registry
Section 34.07.
Failure to Report: Penalty
Section 34.08.
Confidentiality
Section 34.01. Persons Required to Report. Any
person having cause to believe that a child's physi-
cal or mental health or welfare has been or may be
adversely affected by abuse or neglect shall report
in accordance with Section 34.02 of this code.
Section 34.011. Form. The Texas Department of
Human Resources shall promulgate a form and
cause a sample to be distributed for the reporting
of suspected occurrences of child abuse as required
by Section 34.01 of this code. Copies of the form
shall be distributed to all licensed hospitals in this
state to be available for use without charge by hos-
pital employees, physicians, patients, and other
persons. The form shall include a statement that
child abuse reports are confidential and that infor-
mation contained in the reports, including the
name of the person making the report, may be
used only for the purposes consistent with the
investigation of child abuse. The form shall give
the address of the Texas Department of Human
Resources. Hospital employees, physicians,
patients, and other persons must complete the
form and return it to the Texas Department of
Human Resources.
Section 34.02. Contents of Report: To Whom Made.
(a) Nonaccusatory reports reflecting' the
reporter's belief that a child has been or will be
abused or neglected, or has died of abuse or
neglect, has violated the compulsory school
attendance laws on three or more occasions, or
has, on three or more occasions, been voluntarily
absent from his home without the consent of his
parent or guardian for a substantial length of time
or without the intent to return shall be made to
any local or state law enforcement agency, and in
addition shall be made to:
(1) the Texas Department of Human
Resources; or
(2) the agency designated by the court to
be responsible for the protection of children.
S:GK&A
Appendix II
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DHR 5-85
(b) All reports must contain the name and
address of the child, the name and address of the
person responsible for the care of the child, if avail-
able, and any other pertinent information.
(c) All reports received by any local or state law
enforcement agency shall be referred to the Texas
Department of Human Resources or to the agency
designated by the court to be responsible for the
protection of children. The department or desig-
nated agency immediately shall notify the appro-
priate state or local law enforcement agency of any
report it receives, other than from a law enforce-
ment agency, that concerns the suspected abuse or
neglect of a child or death of a child from abuse or
neglect.
(d) An oral report shall be made immediately
on learning of the abuse or neglect as prescribed in
Subsection (a) of this section, and a written report
shall be made within five days to the same agency
or department. Anonymous reports, while not
encouraged, will be received and acted on in the
same manner as acknowledged reports.
Section 34.03. Immunities. Any person reporting
pursuant to this chapter is immune from liability,
civil or criminal, that might otherwise be incurred
or imposed. Immunity extends to participation in
any judicial proceeding resulting from the report.
Persons reporting in bad faith or malice are not
protected by this section.
Section 34.04. Privileged Communications. In any
proceeding regarding the abuse or neglect of a
child or the cause of any abuse or neglect, evidence
may not be excluded on the ground of privileged
communication except in the case of communica-
tions between attorney and client.
Section 34.05. Investigation and Report of Receiving
Agency. (a) The Texas Department of Human
Resources or the agency designated by the court
to be responsible for the protection of children
shall make a thorough investigation promptly
after receiving either the oral or written report.
The primary purpose of the investigation shall be
the protection of the child.
(b) In the investigation the department or
agency shall determine:
(1) the nature, extent, and cause of the abuse
or neglect;
(2) the identity of the person responsible for
the abuse or neglect;
(3) the names and conditions of the other
children in the home;
(4) an evaluation of the parents or persons
responsible for the care of the child;
(5) the adequacy of the home environment;
(6) the relationship of the child to the parents
or persons responsible for the care of the child;
(7) all other pertinent data.
(c) The investigation shall include a visit to the
child's home, a physical examination of all the chil-
dren in that home, and an interview with the sub-
ject child. The investigation may include a
psychological or psychiatric examination of all the
children in the home. If admission to the home,
school, or any place where the child may be, or per-
mission of the parents or persons responsible for
the child's care for the physical examination can-
not be obtained, then the juvenile court, or the dis-
trict court, upon cause shown, shall order the
parents or the persons responsible for the care of
the children, or the person in charge of any place
where the child may be, to allow entrance for the
interview, the physical examination, and investi-
gation. If the parents or persons responsible for
the child's care does not consent to a psychological
or psychiatric examination of the child that is
requested by the department or agency, the juve-
nile court or district court, upon cause shown,
shall order the examination to be made at the
times and places designated by the court. The par-
ent or person responsible for the child's care is
entitled to notice and a hearing when the depart-
ment or agency seeks a court order to allow a psy-
chological or psychiatric examination.
(d) If, before the investigation is complete, the
opinion of the investigators is that immediate
removal is necessary to protect the child from fur-
ther abuse or neglect, the investigators shall file a
petition pursuant to Chapter 17 of this code for
temporary care and protection of the child.
(e) The agency designated by the court to be
responsible for the protection of children or the
department shall make a complete written report
of the investigation. The report, together with its
recommendations, shall be submitted to the juve-
nile court of the district court, the district attor-
ney, and the appropriate law enforcement agency if
sufficient grounds for the institution of a suit
affecting the parent-child relationship are found.
(f) On the receipt of the report and recommen-
dation required by Subsection (e) of this section,
the court may direct the investigator to file a peti-
tion seeking appropriate relief under Subtitle A of
this title.
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Appendix II
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DHR 5-85
Section 34.06. Central Registry.' The Texas Depart-
ment of Human Resources shall establish and
maintain in Austin, Texas, a central registry of
reported cases of child abuse or neglect. The
department may adopt rules and regulations as
are necessary in carrying out the provisions of this
section. The rules shall provide for cooperation
with local child service agencies, including hospi-
tals, clinics, and schools, and cooperation with
other states in exchanging reports to effect a
national registration system.
Section 34.07. Failure to Report: Penalty. (a) A
person commits an offense if the person has cause
to believe that a child's physical or mental health
or welfare has been or may be further adversely
affected by abuse or neglect and knowingly fails to
report in accordance with Section 34.02 of this
code.
(b) An offense under this section is a Class B
misdemeanor.
Section 34.08. Confidentiality. The reports,
records, and working papers used or developed in
an investigation made under this chapter are confi-
dential and may be disclosed only for purposes
consistent with the purposes of this code under
regulations adopted by the investigating agency.
Age Group
Under 2 mos.
2 mos. to 4 mos.
4 mos. to 6 mos.
6 mos. to 18 mos.
18 mos. to 5 yrs.
5 yrs. and older
1I6g3
APPENDIX III
CHILD CARE FACILITY
IMMUNIZATION REQUIREMENTS
Required Immunization and Number of Doses
No immunizations required.
1 dose of oral polio vaccine (OPV).
1 dose of diphtheria -tetanus -pertussis (DTP) vaccine.
2 doses of OPV.
2 doses of DTP vaccine.
2 doses of OPV.
3 doses of DTP vaccine.
3 doses each of OPV and DTP vaccine.
1 dose each of measles', rubella', and mumps' vaccines.
3 doses each of OPVand DTP` vaccine.
1 dose each of measles', rubella', and mumps' vaccines.
S:GK&A
Appendix III
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DHR -85
'Measles: Measles vaccine is required for each child 18 months old or older. The vaccination date for the measles
vaccine must be during the calendar month of or after the first birthday and since January 1, 1968. A written
physician -verified history of measles disease which shows the date of the illness will substitute for the measles vac-
cine requirements.
'Rubella: Rubella vaccine is not required after the 12th birthday. A history of rubella illness is not acceptable.
S:GK&A
Appendix III
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DHR 5-85
'Mumps: As a part of the child's immunization record, a written physician -verified history of mumps disease
which shows the date of the illness will substitute for the vaccine requirement. Effective September 1, 1984, chil-
dren less than 13 years old are required to have received mumps vaccine or provide a written physician -verified
history of mumps illness. On September 1 each following year, children one year older must also meet this require-
ment. By September 1, 1990, all children through 18 years old will be included. See the table below.
Mumps Vaccine Requirements by Effective Dates for
Children 18 Months through 18 Years of Age
In Child Care Facilities
Effective Dates Ages in Years*
September 1, 1984
Thru 12
September 1, 1985
Thru 13
September 1, 1986
Thru 14
September 1, 1987
Thru 15
September 1, 1988
Thru 16
September 1, 1989
Thru 17
September 1, 1990
Thru 18
*Ages of children in child rue facilities on the effective date.
`Polio: At least three doses of oral polio vaccine (OPV) are required for all children, provided at least one dose has
been received on of after the 4th birthday. A dose of OPV given during the calendar month before the 4th birth-
day will substitute for the dose on or after the 4th birthday. No further doses of OPV are required.
Some children or students may be enrolled who have received inactivated polio vaccine (IPV). These students ate
in full compliance when an initial series of four doses are completed and a booster dose within five years of the
fourth dose has been received. A booster dose is required every five years thereafter.
`Diptheria - Tetanus - Pertussis /Tetanus - Diphtheria: DPT/TD vaccine is required for all children. At least three
doses of DTP and/or Td vaccine arc required, provided at least one dose has been received on or after the 4th
birthday. A dose of DTP or Td given during the calendar month before the 4th birthday will substitute for the
dose on or after the 4th birthday.
Besides the minimum of three DTP or Td doses with one dose since the 4th birthday, children 12 years old and
older must have a last dose within the past 10 years. (A Td booster is required 10 years after the administration of
the immunization that meets the requirement for the "dose since the 4th birthday." Example: If the last dose of
DTP was received at age five, the 10 -year Td booster is due at age 15.)
'An Annual Report of the Immunization Status by age group of all children must be submitted on the request of
the Texas Department of Health.
1. Children should have good behavior recog-
nized and encouraged.
2. Children should be taught by example
through the use of fair and consistent rules. The
atmosphere should be relaxed. Discipline should
be relevant to the behavior involved.
3. Children should be supervised by people
showing an attitude of understanding and firm-
ness.
4. Children should be given clear directions
and guidance on the child's level of understanding.
5. Children should be held firmly if their
behavior will harm themselves or others.
6. Children should be redirected by stating
alternatives when their behavior is unacceptable.
(Example: "Blocks are for building, not throwing
— try throwing this ball.")
7. Children should be helped to understand
why their conduct is unacceptable and what is
acceptable in a given situation.
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Appendix IV
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DHR 5-85
APPENDIX IV
ALTERNATIVES TO PHYSICAL PUNISHMENT
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Appendix V
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DHR 5-85
COMMUNICABLE DISEASE CHART FOR SCHOOLS AND CHILD-CARE CENTERS
Your Health Department:
Hepatitis, Viral,
8090days
Gradual onset of fever, tired feeling, loss of
EXCLUDE FROM
REPORTABLE
type a
CONDITION
INCUBATION PERIOD
EARLY SIGNS OF ILLNESS
ATTENDANCE'
READMISSION CRITERIA"
DISEASE
NOTES FOR PREVENTION
Athlete's Foot
Unknown
Blisters and cracking of the skin of the feet,
No
(cold sores)
No
Teach Importance of hygienic care of feet
usually between the toes
common.
Chickenpox
10.21 days
Fever and rash consisting of blisters that
Yes
When all blisters have crusted over
Yes
No vaccine available
No
may appear first on head. !hen spread to body
with yellowish crust. No fever.
(but not longer than 1 week after onset
Influenza
1.3 days
Usually 2 or 3 crops of new blisters that heal
Yes
of rash)
Yes
cough.
leaving scabs.
Measles (Rubeola)
7.14 days
Common Cold
13 days
Runny nose, watery eyes, general bred feeling
No, unless fever is
When fever subsides
No
Teach importanceof washing hands and covering
In an outbreak, unimmunized Children
present (Sae Fever)
mouth when coughing or sneezing
Diphtheria
2.5 days
Sore throat and fever, rapidly progressing to
Yes
See Footnote 2(A B)
Yes
Vaccine available If you suspect this disease
German Measles
difficulty breathing and swallowing.
Slight Cold, swollen tender glands at back of
Yes
After 5 days from appearance of rash
Immediately consult a physician
Fever
Oral temperature of 38'C (100 4'F) or greater.
Yes
When fever subsides.
No
Gast roenter it is.
Variable, usually 2.7 days
Stomachache, nausea, diarrhea (8 or more
Yes
When diarrhea subsides
No
Teach Importance of hand washing Adult should
Viral
watery loose stools per day)
supervise hand washing of preschool -age
children
Glardlasls
4.14 days
Gradual onset of stomachache, bloating, and
No
No
Treatment is recommended Teach importance of
diarrhea. May recur several times over a period
hand washing Can spread Quickly In child-care
of weeks.
centers
Gonorrhea
3.5 days
Male— urethral discharge ("drip")with burning
No
Yes
Teach junior and senior high school students
on urination
about sexually transmitted diseases Report
Female — May have no symptoms or may have
suspected cases to health department or by
vaginal discharge and abdominal pain,
calling the VD Hot Line 1-800.2278922
especially with menses
Head Lice
Eggs hatch in 7-10 days.
Itching and scratching of scalp Pinpoint white
Yes
When one medicated shampoo or
No
Second shampoo or lotion treatment in 7.10 days
(Pediculosis)
eggs (nits) on head that will not flick off.
lotion treatment has been given
Is recommended Teach Importance of not
sharing combs. hats, and coats
Hepatitis, Viral,
15.50 days, average 28 days
Gradual onset of slight fever, tired feeling,
Yes
After 1 week from onset of illness
Yes
Teach importance of hand washing Gamma
type A
stomachache, nausea, or vomiting followed by
globulin should be given to household contacts
jaundice. Young children may have mildcaseof
11 more than one case occurs In a child-care
diarrhea without jaundice.
center, gamma globulin should be considered for
all children and parents Involved
Hepatitis, Viral,
8090days
Gradual onset of fever, tired feeling, loss of
No
Yes
type a
appetite, followed by jaundice
Herpes, Oral
First infection. 2.12 days
Blisters on or near lips that open and become
No
No
(cold sores)
covered with dark crust. Recurrences are
common.
Impetigo
Variable
Blisters on skin that open and become covered
Yes
When treatment begun.
No
with yellowish crust. No fever.
Influenza
1.3 days
Rapid onset of fever, headache, sore throat,
Yes
When fever subsides.
Yes
cough.
Measles (Rubeola)
7.14 days
Runny nose, watery eyes, fever, cough. Blotchy
Yes
After 4 days from appearance of rash.
Yes
red rash appears on 4th day.
In an outbreak, unimmunized Children
should also be excluded for at least 4
days after last case occurs.
German Measles
14.21 days
Slight Cold, swollen tender glands at back of
Yes
After 5 days from appearance of rash
Yes
(Rubella)
neck. Changeable pink rash.
attendance Teach importance of good hygiene
and avoid contact with blood of recent cases or
chronic carriers
Teach importance of good hygiene Avoid direct
contact with sores
Keep lesions covered while in school Teach
importance of hand washing and keeping
fingernails clean
Vaccine available, but only recommended for
children with certain chronic diseases
Vaccine available Report suspect cases imme-
diately to health department or by calling the
Texas Immunization Hot Line 1.800252.9152.
Vaccine available. Report suspect cases immedi-
ately to health department or by calling the Texas
Immunization Hot Line 1-000252-9152
S:GK&A
Appendix V
Page 48
DHR 5-85
' Meningitis, Bacterial
2.10 days
Sudden onset of high fever, headache, and stiff
Yes
See Footnote 2(A-8)
Yes
Depending on which bacteria are causerg the oil-
rneck,
neck.usually with some vomiting
note, prophylactic antibiotics may be recoup
mendedfor lamely members Occlsionally, close
cOnl7ots at a child-care center are also treated
Meningitis, Viral
2-10 days
Sudden onset of fever, headache, usually with
Yes
See Footnote 2(A-8)
Yes
Teach importance of hand washing Prophylactic
some vomiting
antibiotics of no value
Mumps
1226 days
Swelling over jaw in front of one or both ears
Yes
After9daysfrom theonsetol Swelling
Yes
Vaccine available
Pain in cheeks made worse be chewing
Pink Eye
1.3 days
Red eyes, usually with some discharge or
Yes
Sao Footnote 2(A-B)
No
Teach importance of hand washing allergic
4 (Conjunctivitis)
crust on eyelids
conjunctivitis is not contagious
Pinworms
Variable, may be as long as
Perianal itching
No
No
Teach importance of hand washing
3.6 weeks
Poliomyelitis
3.21 days
Fever, headache, stomachache. stiff neck.
Yes
See Footnote 2(A-8)
Yes
Vaccine available Report cases immediately to
(Polio)
usually with some vomiting Often followed by
health department or by calling the Texas
paralysis
Immunization Hot Line 1400.252.9152
Rocky Mountain
3.10 days
Sudden onset of fever. chills, and severe head-
No
Yes
Transmitted by tick bites 11 you suspect this
Spotted Fever
ache Rash consists of red spots beginning on
disease, immediately consult a physician
wrists or ankles, progressing to the chest,
palms, and soles
Ringworm of the body
4-10 days
Slowly spreading flat, scaly ring-shaped Spots
No
No
Treatment is recommended Keep lesions
on skin The margins may be reddish and
covered while in school
slightly raised
Ringworm of the scalp
10-21 days
Slowly spreading, balding patches on scalp
Yes
When treatment begun
No
Teach importance of not sharing combs. hats,
with broken-off hairs
and coals
Salmonellosis
1.3 days
Sudden onset Of fever, abdominal pain, diar.
Yes
When diarrhea subsides
Yes
Teach importanceof hand washing Frequently a
mea. sometimes vomiting
food-borne infection
Scabies
First infection i month
Small raised, fed bumps or blisters on skin with
Yes
When treatment begun
No
Careful examination of close contacts required
Repeat infection 2.5 days
severe itching
to identify early infection
Shigellosis
1.7 days
Sudden onset of lever, vomiting, and diarrhea
Yes
When diarrhea Subsides.
Yes
Teach importance of hand washing. Can spread
quickly in child-care centers
Streptococcal Sore
1.3 days
Fever, sore Throat, Often with enlarged tender
Yes
After 24 hours from date antibiotic
Yes
Teach importance of covering mouth when
Throat and Scarlet Fever
lymph nodes in neck Scarlet lever-producing
treatment begun
coughing or Sneezing
strains of bacteria cause aline red rash that
appears 1.3 days alter onset of sore throal.
,
Tetanus
4-21 days
Painful muscular contractions — primarily of
No
Yes
Transmitted by contamination of a wound with
jaw and neck muscles No fever
bacterial spores Vaccine available If you
suspect this disease, immediately consult a
physician
Tuberculosis.
4.12 weeks
Gradual onset, tiredness, loss of appetite,
Yes
Alter antibiotic treatment begun, AND
Yes
All classroom contacts should have TB skin tests
Pulmonary
slight lever. failure to gain weight, cough
a physician's certificate or health
Antibiotic prophylaxis indicated for newly posi.
authority permit obtained.
tive reactors
Whooping Cough
7.21 days
Low grade fever, runny nose, and cough lasting
Yes
Alter 7 days from date antibiotic
Yes
Vaccine vailable Unimmunized contacts should
(Pertussis)
about 2 weeks, followed by paroxysmal
treatment begun
be immunized and receive antibiotic prophylaxis
coughing spells and "whoop" on inspiration.
Report suspect cases immediately to health
department or by calling the Texas Immunization
Hot Line. I-WO-252.9152
nonexelutlable illness yet require care of home Or in a hospital
'Children excluded from a school or child-care center for a communicable disease may be readmitted by any one of the following methods
(A) A written certificate from a physician
(B) A permit issued by the local health authority
(C) Fulfilling criteria luted under "Readmission Criteria "
TEXAS DEPARTMENT OF HEALTH
3A school or childcare center administrator may require a note from a parent or physician for readmission regardless of the reason for the
absence
Adopted by the undersigned pursuant to 25 TAC 97.5(c)(3) this 121h day of December 1903
630 114164
Robert Bernstein, M.D , F.A.0 P.
Commissioner of Health
w
S:GK&A
Appendix VI
Page 49
DHR 5-85
APPENDIX VI
SANITIZING PROCEDURES FOR
FOOD SERVICE EQUIPMENT
Reusable food service equipment, including
infant feeding equipment, must be properly
washed and sanitized by one of the following meth-
ods:
Utensils must be completely immersed in
hot water and maintained at a temperature of
170°F for not less than three minutes or 180°F for
two minutes.
One and 1/4 teaspoons of chlorine bleach
must be used for each gallon of water at lukewarm
temperature during the final rinse.
One-half teaspoon iodine must be used for
each gallon of water at lukewarm temperature.
Quaternary ammonium compounds or acid
sanitizer compounds must be used according to
directions on the officially approved label.
If utensils are machine washed, final rinse
water must be at least 180•F.
Other methods may be used if approved by the
local health department or the Texas Department of
Health.
S:GK&A
Appendix VII
Page 51
DHR 5-85
APPENDIX VII
— CRIMINAL OFFENSES FROM THE TEXAS PENAL CODE
The following constitute criminal offenses included in the Texas Penal Code:
Title 5. Offenses Against the Penson
Murder
Capital murder
Voluntary manslaughter
Involuntary manslaughter
Criminally negligent homicide
False imprisonment
Kidnapping
Aggravated kidnapping
Rape
Aggravated rape
Sexual abuse
Aggravated sexual abuse
Homosexual conduct
Public lewdness
Indecent exposure
Rape of a child
Sexual abuse of a child
Indecency with a child
Assault
Sexual assault
Aggravated assault
Aggravated sexual assault
Deadly assault on a peace officer
Injury to a child or an elderly individual
Reckless conduct
lbrroristic threat
Aiding suicide
Tampering with consumer products
Tide 6. Offenses Against the Family
Bigamy
Incest
Interference with child custody
Enticing a child
Criminal non support
Sale or purchase of a child
Solicitation of a child
Harboring a runaway child
Violation of a court order
Tide 43. Public Indecency
Prostitution
Promotion of prostitution
Aggravated promotion of prostitution
Compelling prostitution
Obscene display or distribution
Obscenity
Sale, distribution, or display of harmful
material to a minor
Sexual performance by a child