The following words and terms, when used in this chapter, have
the following meanings unless the context clearly indicates otherwise:
(1) Abuse--As defined in the Texas Family Code, §261.401(1)
(relating to Agency Investigation) and §745.8557 of this title
(relating to What is abuse?).
(2) Affinity--Related by marriage as set forth in the
Government Code, §573.024 (relating to Determination of Affinity).
(3) Capacity--The maximum number of children that a
permit holder may care for at one time.
(4) Caregiver--A person whose duties include the supervision,
guidance, and protection of a child or children.
(5) Child--A person under 18 years old.
(6) Child-care facility--An establishment subject to
regulation by Licensing which provides assessment, 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
establishment operates for profit or charges for its services. A child-care
facility includes the people, administration, governing body, activities
on or off the premises, operations, buildings, grounds, equipment,
furnishings, and materials. A child-care facility does not include
child-placing agencies, listed family homes, or employer-based child
care.
(7) Child day care--As defined in §745.33 of this
title (relating to What is child day care?).
(8) Child-placing agency (CPA)--A person, including
an organization, other than the parents of a child who plans for the
placement of or places a child in a child-care operation or adoptive
home.
(9) Children related to the caregiver--Children who
are the children, grandchildren, siblings, great-grandchildren, first
cousins, nieces, or nephews of the caregiver, whether by affinity
or consanguinity or as the result of a relationship created by court
decree.
(10) Consanguinity--Two individuals are related to
each other by consanguinity if one is a descendant of the other; or
they share a common ancestor. An adopted child is considered to be
related by consanguinity for this purpose. Consanguinity is defined
in the Government Code, §573.022 (relating to Determination of
Consanguinity).
(11) Contiguous operations--Two or more operations
that touch at a point on a common border or located in the same building.
(12) Controlling person--As defined in §745.901
of this title (relating to Who is a controlling person at a child-care
operation?).
(13) Deficiency--Any failure to comply with a standard,
rule, law, specific term of your permit, or condition of your evaluation,
probation, or suspension.
(14) Designated perpetrator--As defined in §745.731
of this title (relating to What are designated perpetrators and sustained
perpetrators of child abuse or neglect?).
(15) Division--The Licensing Division within the Texas
Department of Family and Protective Services (DFPS).
(16) Employee--Any person employed by or that contracts
with the permit holder, including but not limited to caregivers, drivers,
kitchen personnel, maintenance and administrative personnel, and the
center/program director.
(17) Endanger--To expose a child to a situation where
physical or mental injury to a child is likely to occur.
(18) Exploitation--As defined in the Texas Family Code, §261.401(2)
(relating to Agency Investigation).
(19) Finding--The conclusion of an investigation or
inspection indicating compliance or deficiency with one or more minimum
standards or laws.
(20) Governing body--The entity with ultimate authority
and responsibility for the operation.
(21) Governing body designee--The person named on the
application as the designated representative of a governing body who
is officially authorized by the governing body to speak for and act
on its behalf in a specified capacity.
(22) Household member--An individual, other than the
caregiver(s), who resides in an operation.
(23) Kindergarten age--As defined in §745.101(1)
of this title (relating to What words must I know to understand this
subchapter?).
(24) Licensed administrator--As defined in §745.8905
of this title (relating to What is a licensed administrator?).
(25) Minimum standards--The rules contained in Chapters
743 of this title (relating to Minimum Standards for Shelter Care),
744 of this title (relating to Minimum Standards for School-Age and
Before or After-School Programs), 746 of this title (relating to Minimum
Standards for Child-Care Centers), 747 of this title (relating to
Minimum Standards for Child-Care Homes), 748 of this title (relating
to General Residential Operations, 749 of this title (relating to
Child-Placing Agencies), 750 of this title (relating to Independent
Foster Homes), and Division 11 (relating to Employer-Based Child Care)
of Subchapter D of this chapter (relating to Application Process),
which are minimum requirements for permit holders that are enforced
by DFPS to protect the health, safety and well-being of children.
(26) Neglect--As defined in the Texas Family Code, §261.401(3)
(relating to Agency Investigation) and §745.8559 of this title
(relating to What is neglect?).
(27) Operation--A person or entity offering a program
that may be subject to Licensing's regulation. An operation includes
the building and grounds where the program is offered, any person
involved in providing the program, and any equipment used in providing
the program. An operation includes a child-care facility, child-placing
agency, listed family home, or employer-based child care.
(28) Parent--A person that has legal responsibility
for or legal custody of a child, including the managing conservator
or legal guardian.
(29) Permit--A license, certification, registration,
listing, compliance certificate, or any other written authorization
granted by Licensing to operate a child-care facility, child-placing
agency, listed family home, or employer-based child care. This also
includes an administrator's license.
(30) Permit holder--The person or entity granted the
permit.
(31) Pre-kindergarten age--As defined in §745.101(2)
of this title (relating to What words must I know to understand this
subchapter?).
(32) Program--Activities and services provided by an
operation.
(33) Regulation--The enforcement of statutes and the
development and enforcement of rules, including minimum standards.
Regulation includes the licensing, certifying (both state run and
employer-based operations), registering, and listing of an operation
or the licensing of an administrator.
(34) Report--An expression of dissatisfaction or concern
about an operation, made known to DFPS staff, that alleges a possible
violation of minimum standards or the law and involves risk to a child/children
in care.
(35) Residential child care--As defined in §745.35
of this title (relating to What is residential child care?).
(36) State Office of Administrative Hearings (SOAH)--See §745.8831
and §745.8833 of this title (relating to What is a due process
hearing? and What is the purpose of a due process hearing?).
(37) Sustained perpetrator--See §745.731 of this
title (relating to What are designated perpetrators and sustained
perpetrators of child abuse or neglect?).
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