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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 745LICENSING
SUBCHAPTER APRECEDENCE AND DEFINITIONS
DIVISION 3DEFINITIONS FOR LICENSING
RULE §745.21What do the following words and terms mean when used in this chapter?

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) Military service member--A person who is currently serving in the armed forces of the United States, in a reserve component of the armed forces of the United States, including the National Guard, or in the state military service of any state.

  (26) Military spouse--A person married to a military service member who is currently on active duty.

  (27) Military veteran--A person who has served in the army, navy, air force, marine corps, or coast guard of the United States, or in an auxiliary service of one of those branches of the armed forces.

  (28) Minimum standards--The rules contained in Chapter 743 of this title (relating to Minimum Standards for Shelter Care), Chapter 744 of this title (relating to Minimum Standards for School-Age and Before or After-School Programs), Chapter 746 of this title (relating to Minimum Standards for Child-Care Centers), Chapter 747 of this title (relating to Minimum Standards for Child-Care Homes), Chapter 748 of this title (relating to Minimum Standards for General Residential Operations), Chapter 749 of this title (relating to Minimum Standards for Child-Placing Agencies), Chapter 750 of this title (relating to Minimum Standards for Independent Foster Homes), and Subchapter D, Division 11 of this chapter (relating to Employer-Based Child Care), which are minimum requirements for permit holders that are enforced by DFPS to protect the health, safety and well-being of children.

  (29) 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?).

  (30) 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.

  (31) Parent--A person that has legal responsibility for or legal custody of a child, including the managing conservator or legal guardian.

  (32) 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.

  (33) Permit holder--The person or entity granted the permit.

  (34) Pre-kindergarten age--As defined in §745.101(2) of this title (relating to What words must I know to understand this subchapter?).

  (35) Program--Activities and services provided by an operation.

  (36) 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.

  (37) 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.

  (38) Residential child care--As defined in §745.35 of this title (relating to What is residential child care?).

  (39) 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?).

  (40) Sustained perpetrator--See §745.731 of this title (relating to What are designated perpetrators and sustained perpetrators of child abuse or neglect?).


Source Note: The provisions of this §745.21 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 16, 2003, 28 TexReg 7999; amended to be effective January 1, 2007, 31 TexReg 9342; amended to be effective March 1, 2008, 33 TexReg 1367; amended to be effective March 1, 2012, 37 TexReg 921; amended to be effective December 1, 2012, 37 TexReg 9127; amended to be effective March 1, 2014, 38 TexReg 8249

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