Texas Register, Volume 41, Number 52, Pages 10019-10486, December 23, 2016 Page: 10,098
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that a licensed child-care home includes the program, building,
grounds, furnishings, and equipment.
New 747.117 includes the modified content from 747.113,
which is being deleted, with an addition that the home's owner,
other person overseeing the home, or controlling person who
has the ability to influence or direct the home's management,
expenditures, or policies must ensure compliance with the
minimum standards in this chapter.
New Division 3, Definitions, is being added for clarity and better
continuity.
New 747.121 includes the content regarding the meaning of
pronouns from 747.103, which is being deleted.
New 747.123 includes the following addition of new terms
and modifications, movement to other rules, and deletion
of terms currently in 747.105, which is being deleted: (1)
the definitions to several terms are being modified, including
"caregiver" (this definition has been substantively changed),
"Certified Child-Care Professional Credential", "Child Develop-
ment Associate Credential", "inflatable", "instructor-led training",
"janitorial duties", "self-instructional training", "special care
needs", and "water activities"; (2) several terms from 747.105
are not being incorporated into new 747.123 because the
content of the terms are being incorporated into the only rule
where the term is used in this chapter, including "baby door-
way (bungee) jumpers", "baby walkers", "caregiver-initiated
activities", "child-initiated activities", and "single-use area";
(3) several terms are being deleted because these words are
not used in this chapter, are already defined in some other
section, or are not needed, including "alternate care program",
"child-care location", "child passenger safety-seat system",
"creative activities", "critical illness", "pre-service training", and
"state or local sanitation official"; (4) several terms are being
deleted from other rules and are being incorporated into this
definition rule, including "CEUs", "clock hours"(with modifica-
tions), "high-school equivalent" (with modifications, including
the addition of a home-school that adequately addresses basic
competencies), "instructor-led training", "sanitize" (with sub-
stantive changes), and "self-instructional training"; and (5) new
terms are being added, including "child", "employee", "restrictive
device", and "self-study training".
The amendment to 747.207: (1) clarifies that the primary care-
giver is responsible for ensuring that the number of children in
care never exceeds the capacity of the home as specified on the
license or registration, even when the children are away from the
home (e.g. field trip). This is currently required at 747.1605;
and (2) updates the language for clarity, including deleting and
moving a paragraph.
Section 747.209 is being repealed and the content, that a child-
care home does not have to have liability insurance, is being
added to a Helpful Information box located on the DFPS public
website version of the minimum standards immediately following
747.207.
The amendment to 747.301: (1) adds the content of the "child-
care location" definition, which is being deleted; and (2) requires
Licensing to be notified before a home offers nighttime care ser-
vices.
The amendment to 747.401: (1) replaces the term "item" with
"record" to clarify that the documents posted are child-care
records that must be maintained according to 747.803; (2)
deletes the cite to another chapter regarding the definition of"employee", because "employee" is being defined in 747.123
of this chapter; and (3) clarifies that household members that
prepare or serve food must also be aware of each child's food
allergies.
The amendment to 747.403: (1) deletes the requirement to post
the address of the nearest Licensing office, because the workers
are now mobile workers and not at a particular office; (2) deletes
subsection (b) because the content regarding where to post the
phone numbers is outdated, and clarifies in subsection (a) that
phone numbers should be posted in a prominent place; and (3)
clarifies the wording of the rule for accuracy.
The amendment to 747.501: (1) clarifies that the discipline and
guidance policy must be consistent with Subchapter L, or Sub-
chapter L may be used as the discipline and guidance policy.
This change is being incorporated from 747.2711, which is be-
ing deleted; (2) adds a requirement for a new operational policy
for the safe sleep of infants 12 months old and younger, includ-
ing that the policy must be consistent with rules in Subchapter H
that relate to sleep requirements and restrictions for infants; (3)
clarifies that a home must show the parents how to access the
minimum standards, but they do not have to provide the parents
with a copy; and (4) clarifies the wording of the rule for better
readability and ease of understanding.
The amendment to 747.503 clarifies the language of the rule,
including that a parent's signature for the enrollment agreement
and the operational policies may be a signature on one docu-
ment or several documents.
The amendment to 747.505 clarifies: (1) that caregivers must
be notified of any changes to the operational policies and the
enrollment agreement; (2) that household members must be no-
tified of any changes to the discipline and guidance policy (this
came from 747.2715, which is being deleted); and (3) the lan-
guage of the rule for better readability and ease of understand-
ing.
The amendment to 747.603 clarifies several paragraphs by
stating: (1) admission information is that information required
in 747.605; (2) TB screening is only needed if required by
DSHS or a local health authority; and (3) documentation from
a health-care professional that allows for a deviation from a
minimum standard must be maintained in the child's record.
The amendment to 747.605 clarifies that permission for trans-
portation includes authorization for pick-up and drop-off loca-
tions. This change is being incorporated from a vague version
of this requirement, which is being deleted from 747.5401.
The amendment to 747.613 clarifies: (1) that current immu-
nization records must be maintained, including records of any
exemptions or exceptions; and (2) the situations where immu-
nizations are not required by the date of admission, including
exemptions, exceptions, and provisional enrollment for up to 30
days for homeless children or children in foster care.
Section 747.615 is being repealed and new 747.615 incorpo-
rates the language from the repealed rule and explains in greater
detail the immunization exemptions and exceptions that are al-
lowed by the DSHS rules.
Section 747.617 is being repealed and the content, regarding
where to find more information on immunizations, is being added
to and expounded upon in a Helpful Information box located on
the DFPS public website version of the minimum standards im-
mediately following 747.61 3.41 TexReg 10098 December 23, 2016 Texas Register
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Texas. Secretary of State. Texas Register, Volume 41, Number 52, Pages 10019-10486, December 23, 2016, periodical, December 23, 2016; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth835937/m1/80/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.