December 31, 1999

Document Sample
December 31, 1999 Powered By Docstoc
					April 9, 2010

    The Health and Human Services Commission proposes, on behalf of the
Department of Family and Protective Services (DFPS), amendments to §§746.103,
746.105, 746.201, 746.301, 746.305, 746.307, 746.405, 746.501, 746.605, 746.607,
746.613, 746.627, 746.631, 746.703, 746.801, 746.901, 746.1011, 746.1019, 746.1021,
746.1023, 746.1027, 746.1029, 746.1103, 746.1105, 746.1107, 746.1201, 746.1203,
746.1309, 746.1311, 746.1313, 746.1317, 746.1323, 746.1325, 746.1403, 746.1601,
746.1609, 746.2101, 746.2103, 746.2201, 746.2203, 746.2205, 746.2207, 746.2505,
746.2507, 746.2509, 746.2607, 746.2707, 746.2909, 746.3103, 746.3107, 746.3205,
746.3301, 746.3303, 746.3305, 746.3315, 746.3401, 748.3403, 746.3405, 746.3409,
746.3411, 746.3427, 746.3503, 746.3505, 746.3601, 746.3603, 746.3705, 746.3801,
746.3903, 746.3905, 746.4003, 746.4213, 746.4215, 746.4315, 746.4509, 746.4601,
746.4603, 746.4605, 746.4803, 746.4805, 746.4901, 746.4907, 746.5003, 746.5101,
746.5103, 746.5105, 746.5205, 746.5301, 746.5311, 746.5401, 746.5605, and
746.5609; the repeal of §§746.1005, 746.1617, 746.1711, 746.1803, 746.2107,
746.2301, 746.2809, 746.2811, 746.4511, 746.4607, 746.4609, 746.4903, 746.5011,
746.5201, 746.5203 , 746.5603, 746.5607; and new §§746.805, 746.1617, 746.1803,
746.2809, 746.3316, 746.4423, 746.4607, 746.4609, 746.4751, 746.4908, 746.4915,
746.4951, 746.4953, 746.4955, 746.4971, 746.5201-746.5204, 746.5603, and
746.5607, in its Minimum Standards for Child-Care Centers chapter.
    DFPS is required by Chapter 42 of the Human Resources Code (HRC) to evaluate
minimum standard rules at least every six years. In addition, part of Licensing’s
business plan is to review, analyze, and update rules to strengthen the protection of
children in out-of-home care and improve providers' understanding of the rules. The
rules are revised to clarify current rules and update rules with current practices in the
industry. Input was obtained from providers, child-care workgroups, provider
associations, and Licensing staff. In addition, the changes incorporated are based on
the review of minimum standards from other states, available research and literature
relating to child care, and health and safety practices recommended by experts, such as
the Consumer Products Safety Commission (CPSC), the American Academy of
Pediatrics (AAP), and the National Highway Transportation Safety Administration
(NHTSA).
    Some of the significant changes are summarized below:
    Subchapter A, Purpose and Definitions, is updated to include definitions of age-
appropriate and inflatable.
    Subchapter B, Administration and Communication, now includes a requirement for
centers to notify Licensing when there is a planned closure for five or more consecutive
business days if they are not caring for children. This subchapter also clarifies that
providers must continue to follow the state's general requirement for reporting suspected
communicable disease. This is due to a change in 25 TAC 97 Subchapter A (relating to
Control of Communicable Diseases) that no longer specifies child care in the rule. Other
changes in this subchapter require providers to include in their policies an emergency
preparedness plan, background check information must be kept confidential, cellular
phones at an operation must direct emergency personnel to the operation when calling
911, and providing information to a mother of her right to breastfeed and you must provide
Minimum Standards for Child-Care Centers
Page 2 of 92

a comfortable place for this to occur.
    Subchapter C, Record Keeping, is updated to allow for electronic tracking and
records retention, now requires photo identification to be included in personnel records,
requires daily tracking of when care for a child begins and ends, and clarifies school
information is not required if the center is located at the school.
    Subchapter D, Personnel, changes to this chapter include clarifying how long a
director has to be at a center (75 % or 30 hours) and states that the director cannot
direct more than one center, full time is defined as 30 hours instead of the previous 40
hours per week, expands substituted experience to include teaching pre-kindergarten,
expands credit courses for child development, clarifies that a certificate of coursework
completion meets minimum qualifications, clarifies that caregivers must be free from the
personal use of electronic devises, expands annual training topics, and allows web-
based learning and training.
    Subchapter E, Child/Caregiver Ratios and Group Sizes, is updated to include new
child/caregiver ratios and group sizes. These changes are the result of
recommendations from the day care and school-age temporary workgroups. Changes
include reorganizing several of the current age ranges and lowering the child/caregiver
ratio for two year olds, three year olds, five year olds, and 6-13 year olds. Group sizes in
the following age groups are lowered: 0-11 months, 12-17 months, two year olds, and
three year olds. These changes are also made at the recommendation of the day care
and school-age temporary workgroups. For both ratios and group sizes, centers
licensed before December 1, 2010, will have two years to comply.
    Subchapter F, Developmental Activities and Activity Plan, is updated to require
outdoor play to be scheduled for morning and afternoons. Based on the input from the
day-care temporary workgroup, rules in this subchapter are updated to allow screen
time activity, but it must be included in the written activity plan and must be related to
planned activities, be age appropriate, and not last more than two hours a day. In
addition, screen time activities are prohibited for children under two years of age.
    Subchapter G, Basic Care Requirements for Children With Special Care Needs, is
deleted. The only rule in this subchapter is moved to Subchapter F, relating to
Developmental Activities and Activity Plans, so provisions for children with special
needs are included during activity planning.
    Subchapter I, Basic Care Requirements for Toddlers, is updated to include morning
and afternoon opportunities for outdoor play; and requires any training cups used to
have the child's first name and last initial on them.
    Subchapter J, Basic Care Requirements for Pre-Kindergarten Age Children, and
Subchapter K, Basic Care Requirements for School-Age Children, are updated to
require the opportunity for outdoor play for pre-kindergarten age and school-age
children in the morning and afternoon.
    Subchapter Q, Nutrition and Food Service, is updated to reflect practices identified
by the Department of State Health Services Obesity Prevention Program and the Child
and Adult Care Food Program. The changes include limiting the type and amount of
juice children over the age of 12 months may be served; lowers the portion sizes based
on the age of the child; and drinking water must be available and served during snack
times, mealtime, and activity play.
    Subchapter R, Health Practices, lowers the length of time an object must soak in
Minimum Standards for Child-Care Centers
Page 3 of 92

disinfectant solution to two minutes; clarifies which commercial products qualify as
disinfecting solutions; clarifies what safety mechanisms may be used (or allows a
caregiver's hand to remain on the child at all times) when diapering a child; amends the
rule regarding fever to be consistent with current AAP recommendations; and clarifies
that providers must continue to follow the communicable disease exclusions as outlined
by the Department of State Health Services.
    Subchapter S, Safety Practices, is updated to clarify that the use of audio or video
monitoring systems is allowed, deletes the vaccination requirement for ferrets, and
states that non-glass thermometers are preferred in first-aid kits.
    Subchapter T, Physical Facilities, is updated to allow for a center to share indoor
activity space (excluding classrooms) and outdoor activity space with an another
program while children are in care, as long as the center has provided Licensing with a
written plan specifying how caregivers will supervise and account for children in care.
This subchapter is also updated to include new safety standards for use of lofts that are
designed and used as an extension of a classroom.
    Subchapter U, Indoor and Outdoor Active Play Space and Equipment, is renamed
so it includes all active play equipment, both indoor and outdoor. Other changes to this
subchapter are incorporated based on the CPSC Public Playground Safety Handbook,
such as increasing the amount of loose fill material required in use zones from six to
nine inches, and updating slide use zones. This subchapter includes new divisions for
soft contained play equipment and inflatables. For the new requirements regarding the
maximum height of a play surface and loose fill needed, grandfather clauses are
included which gives the center two years to comply. Also, for centers that are located
in schools, the center does not have to comply with the equipment rules. However, the
center must notify parents that the play equipment does not meet Licensing standards,
or the children are not permitted to use the equipment.
    Subchapter W, Fire Safety and Emergency Practices, is updated to include a new
division for emergency preparedness. Rules include defining the type of situation that
constitutes an emergency; what must be included in the plan; who the plan must be
shared with; and who is responsible for implementing the plan. This subchapter also
requires drills related to severe weather to be conducted every three months instead of
every six months. The rules also clarify that centers located in schools are not required
to have a fire inspection or an additional fire extinguishing system.
    Subchapter X, Transportation, updates transportation requirements due to an
amendment in the Texas Transportation Code, requiring children under the age of eight
and less than 4 feet 9 inches to be in a child safety seat while riding in a passenger
vehicle. The rules define general purpose vehicle, small school bus, and large school
bus and outline which safety restraint systems must be used when transporting children.
    Cindy Brown, Chief Financial Officer of DFPS, has determined that for the first five-
year period the proposed sections will be in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections. Child
Care Licensing estimates that the program's administrative workload may increase to
provide technical assistance in response to provider inquiries at the regional level.
Providing technical assistance and enforcing amended rules can be absorbed within
existing resources.
    Ms. Brown also has determined that for each year of the first five years the sections
Minimum Standards for Child-Care Centers
Page 4 of 92

are in effect the public benefit anticipated as a result of enforcing the sections will be
that the risk to children will be reduced and the quality of care will be improved due to
updating standards based on current knowledge and practices.
    For each of the first five years that the proposed rules are in effect, there may be an
impact to large, small, and micro-businesses that must comply with these rules for child-
care centers. This impact may result in increased cost of services for operations that do
not already meet the proposed minimum standards and these increased costs could be
absorbed gradually over time or passed on to families. Surveys and a number of public
meetings were held with stakeholders across the state in 2009 to gather feedback and
recommendations for possible revisions, additions and deletions to the minimum
standards in Chapter 746. Stakeholders were particularly in favor of changes to
child/caregiver ratios and caregiver training, provided changes could be implemented
over time to lessen the impact to consumers and child-care center providers (providers).
Since increased costs are typically passed on to consumers, families needing child-care
services may be impacted by increases in the cost of child care.
    Licensing is sensitive to the cost impact that proposed changes will have on families
as well as providers, particularly in the current economic climate. Accordingly, in
proposing changes to minimum standards, every effort has been made to give providers
flexibility in the way they structure their operation so as to minimize the impact on their
costs of operation. Additionally, providers will be given additional time to comply with
some of the proposed changes that may result in a significant financial burden.
Licensing identified the following rules in this chapter as potentially having an adverse
economic impact on providers: §746.1011 of this title (relating to Must my director be at
my child-care center during all hours of operation?); §746.1601 of this title (relating to
How many children may one caregiver supervise?), §746.1609 of this title (relating to
What is the maximum group size?); §746.4907 of this title (relating to How should
outdoor loose-fill surfacing materials be installed?); and §746.5607 of this title (relating
to What child safety restraint system must I use when I transport children).
    Economic Impact - Survey Methodology and Analysis - Licensing prepared a web-
based, online survey to determine the economic impact of rules changes. Providers
received a combination of paper, web, and list serve messages encouraging them to
participate in regional stakeholder meetings. There were 41 such meetings held across
the state beginning September 9 through November 6, 2009. Licensing staff informed
attendees who are providers of day-care center services that an electronic survey would
be sent to them in January of 2010 requesting information vital to the rulemaking
process and encouraged them to participate in the survey. The online survey was e-
mailed to all child-care center providers across the state that have provided an e-mail
address to Licensing, for a total of 7,345 providers surveyed. In fiscal year 2009, there
were 9,342 licensed child-care centers operating in Texas. The survey was open from
January 16th through January 30th of 2010. There were 1,614 surveys completed on or
before the deadline. For purposes of economic impact projections, it is assumed that
survey respondents are a representative sample of all child-care centers.
    The survey instrument had 25 questions, organized by subject matter in the
following sub-sections: Playground Surfacing, Training Requirements/Pre-Service,
Training Requirements/Annual Training for Caregivers, Training Requirements/Annual
Training for Director, Ratios, Group Sizes, Designated Director Presence, and
Minimum Standards for Child-Care Centers
Page 5 of 92

Transportation. Economic impact was calculated using a combination of survey data,
cost research conducted by Licensing staff, and assumptions made in conjunction with
former and current providers.
      Survey questions also solicited information needed to estimate the numbers of small
and micro-businesses that may be impacted by these proposed rules. Chapter 2006,
Government Code, defines a small business as one that is for-profit, independently
owned, and has fewer than 100 employees or less than six million dollars in annual
gross receipts. A small business that has no more than 20 employees is also defined as
a micro-business. Survey results indicate that roughly 55% of child-care centers are for-
profit businesses, and roughly 70% are independently owned. Roughly 98% of child-
care centers have fewer than 100 employees, and roughly 68% have no more than 20
employees.
      Proposed amendments to §746.4907 of this title (relating to How should outdoor
loose-fill surfacing materials be installed?) require providers to increase the minimum
required depth of loose-fill surfacing material, which must be applied around playground
"use zones", from six to nine inches. The rule also clarifies that loose-fill materials
cannot be used indoor. This rule includes a five-year "grandfather" clause for existing
providers to comply with the proposed amendments.
      A total of 1,552 survey respondents answered some or all questions on use of loose-
fill surfacing material (sand, pea gravel, shredded wood products or shredded rubber) in
the "use zone" for outdoor playgrounds. Survey results indicate that approximately 15%
of providers do not currently use loose-fill materials, and therefore will not be impacted
by this rule change. Of those who do utilize loose-fill material in their outdoor
playground, roughly half already comply with the proposed change in rule because they
already use nine or more inches in depth of material, thus there is no anticipated impact
to this portion of providers. The remaining portion of providers may be adversely
impacted because they will need to buy additional material if amendments to §746.4907
are adopted.
      To estimate the cost to providers, Licensing obtained three quotes for each type of
loose-fill surfacing materials: (1) The average cost to purchase sand is $26.66 per cubic
yard; (2) The average cost to purchase pea gravel is $37.72 per cubic yard; (3) The
average cost to purchase shredded wood is $34.72 per cubic yard; and (4) The cost to
purchase shredded rubber ranges from $490 to $618 for 2000 pounds, depending upon
the type and quality of the material.
      The total cost will vary for each child-care center based on the size of the use zone,
the material currently used, and the depth of material needed to achieve nine inches.
One cubic yard of material will cover approximately 104 square feet of area at a depth
of three inches. Thus, for example, a provider that needs to add three additional inches
of sand in a 10 by 10 square foot area in order to increase the material depth from six to
nine inches will need to purchase approximately one cubic yard of sand, at an estimated
cost of $26.66. Additional variables may increase the total costs - including labor to
install the material, minimum purchase and/or delivery requirements, and ongoing
maintenance costs. Current licensed child-care providers will be given five years to
comply with the new standard.
      Proposed amendments to §746.1601 of this title (relating to How many children may
one caregiver supervise?) will lower the number of children assigned to one caregiver in
Minimum Standards for Child-Care Centers
Page 6 of 92

certain age ranges, and therefore reduce the number of children in the classroom. The
term "ratio" refers to the maximum number of children one caregiver may supervise in a
classroom, and "group size" refers to the maximum number of children that two or more
caregivers may supervise in a classroom. Although proposed changes to ratios and
group size may each have an economic impact when viewed in isolation, the impact
when viewed together is not cumulative. For example, Licensing is proposing changes
to reduce the ratio and group size for three year olds. The proposed ratio is 14:1 and
proposed group size is 28 (double the proposed ratio). So for a provider that follows the
current ratio of 15:1 and has two classrooms of three year olds the impact is a total of
two fewer children. For a provider that follows the current group size of 30 three year
olds in a classroom with two caregivers, the impact is also two fewer children.

   Proposed changes vary by age group as follows:

Figure 1- Ratios
Age Group                  Proposed Reduction in
                           Child-to-Caregiver
                           Ratios in a Classroom
                           with one caregiver
2 years                    -2
3 years                    -1
5 years                    -2
6-13 years of age          -4

    Proposed amendments will allow existing providers two years from the rule effective
date to comply.
    A total of 1,483 providers answered some or all of the questions on classroom ratios.
In reviewing responses by ages served, survey results indicate that at least 75% of
child-care centers already comply with proposed ratio amendments in all age groups,
and therefore it is anticipated that a majority of providers will not be affected by the
proposed change to ratios.
    For providers who pass this cost on to the remaining children in the classroom, the
maximum monthly tuition increase per child in a class is estimated in the chart labeled
Figure 3 below. Of providers who will be impacted by the changed ratio, many indicated
they will be forced to pass the increased costs of compliance on to consumers. To help
project the impact that reduced ratios may have on consumers, Licensing calculated an
average rate for the cost of care at a licensed child-care center in Texas by contacting a
wide variety of centers, including for-profit, non-profit, and faith-based operations in all
regions across the state. Rates vary depending on the age of children in care.
    For purposes of the impact projection, it is assumed that providers will compensate
for the lost revenue in tuition rates for the fewer number of children served in a
classroom by spreading the cost equally to all remaining children served in the
classroom.
    Survey results indicate that the average yearly and monthly rate at a licensed child-
care center in Texas is: (1) for children two years of age = $6,075/year or $506/month;
(2) for children three years of age = $5,770/year or $481/month; (3) for children five
Minimum Standards for Child-Care Centers
Page 7 of 92

years of age = $5,353/year or $446/month; (4) for children 6-8 years of age years =
$4,133/year or $344/month; and (5) for children 9-13 years of age years = $4,263/year
or $355/month.
    The following chart shows the potential lost revenue that would result from reduced
ratios in different classrooms, based on average child-care tuition rates per age group,
and assuming only one caregiver per classroom.

Figure 2- Ratios

               Average         Proposed             Lost Revenue to
               Tuition per     Reduction/           Classroom per
Age Group      Year in $       Classroom Ratio      Year in $
2 years        6,075           -2                   12,150
3 years        5,770           -1                    5,770
5 years        5,353           -2                   10,706
6-8 years      4,133           -4                   16,532
9-13 years     4,263           -4                   17,052

  For providers who pass this cost on to the remaining children in the classroom, the
maximum monthly tuition increase per child in a class is estimated in the next chart.

Figure 3- Ratios
              Max Children     Tuition
              per Caregiver    Distribution/Child
              under            (lost revenue/yr       Possible Tuition
              Revised          divided by max         Increase per
 Age          Ratio for the    number of children     Month, per
 Group        Age Group        per caregiver)         Child in $
 2 years      9                1,350                  113
 3 years      14               412                    34
 5 years      20               535                    45
 6-8 years    22               752                    63
 9-13 years 22                 775                    65

Proposed amendments to §746.1609 of this title (relating to What is the maximum group
size?) require providers to lower group sizes as indicated for the following age groups:

Figure 1- Group Size
                              Proposed Group Size
                              Reduction (Group size is
                              the maximum number of
                              children that two or more
                              caregivers may serve in a
AGE GROUP                     classroom)
0-11 months                   -2
Minimum Standards for Child-Care Centers
Page 8 of 92

12-17 months                  -3
2 years                       -4
3 years                       -2

    There are no changes proposed to the maximum group sizes for children ages four
through 13 years. Proposed amendments will allow existing permit holders two years
from the effective date to comply with changes.
    A total of 1,407 providers answered some or all survey questions on group sizes.
Survey results indicate that providers that serve infants 0-11 months may have a
greater impact when compared with other age groups. Roughly 30% of respondents do
not currently meet the proposed changes to group size for children ages 0-11 months.
Conversely, almost 80% of respondents already meet the proposed changes to group
sizes for three year olds. Based on this information, it is anticipated that a majority of
providers will not experience a negative economic impact in one or all age groups as a
result of these rules.
    As with changes to ratios, many providers who will experience a negative economic
impact indicate they will pass this impact on to consumers.
    In order to maintain the same revenue for affected age groups, it is assumed the
distribution of the loss will be spread equally among the total remaining number of
children allowed for the specific group size.
    Utilizing the data on child-care rates gathered by Licensing staff, the average yearly
and monthly rate at a licensed child care center in Texas is: (1) for children 0-11 months
= $7126/year or $594/month; (2) for children 12-17 months = $6939/year or
$578/month; (3) for children two years of age = $6,075/year or $506/ month; and (4) for
children three years of age = $5,770/year or $481/month.
    The following chart shows the potential lost revenue per group that would result from
reduced group sizes, based on average child-care tuition rates per age group.

Figure 2- Group Size
                                   Proposed
                       Average     Group        Transfer cost to
                       Tuition     Size         group per year in
Age Group              x Year in $ Reduction    $
Tuition rate 0-11
months                 7126        -2           14,252
Tuition rate 12-17
months                 6939        -3           20,817
Tuition rate 2 years   6075        -4           24,300
Tuition rate 3 years   5770        -2           11,540

  For providers who pass the loss in revenues on to consumers, the maximum
monthly tuition increase per child in a group is estimated in the next chart.

Figure 3- Group Size
Minimum Standards for Child-Care Centers
Page 9 of 92

                             Distribution per
                             child (lost        Possible
                             revenue $/yr       Tuition
             Revised         divided by max     Increase
             Group Size      number of          per Month
Age          by Age-         children per       per Child in
Group        Group           group)             $
Tuition
rate
0-11
months       8               1,782              148
Tuition
rate
12-17
months       10              2,082              173
Tuition
rate
2 years      18              1,350              113
Tuition
rate
3 years      28              412                34

    Proposed amendments to §746.1011 of this title (relating to Must my director be at
my child-care center during all hours of operation?) clarify the phrase "routinely present"
in the current rule by specifying a minimum amount of time a director must be present
during operating hours in order to be considered "routinely present." Proposed changes
require a director be present at least 75% of the center's operating hours each week, or
a minimum of 30 hours a week. There is no proposed grandfathering for this rule
change; it is anticipated that the rule change will be effective December 1, 2010.
    A total of 1,431 survey respondents answered one or more survey questions on the
approximate length of time their center director is present on a weekly basis. Over 90%
of respondents indicated that their director is currently present at the operation for a
sufficient amount of time to meet the proposed rule amendment, and therefore will not
experience any negative economic impact. For those who do not meet this proposed
clarification of the phrase "routinely present" - it is unknown how many will have to
increase their costs by making arrangements for their existing center director to work
additional hours, and how many will have to hire an additional center director because a
single director may be responsible for more than one center and/or may already be
working full time. For the roughly 10% of centers who may be negatively affected by this
rule change, it is assumed that the maximum negative economic impact would be the
need to hire one additional, full-time center director.
    To estimate current wages for a licensed child-care center director, Licensing staff
gathered data from the Texas Workforce Commission's Occupational Employment
Statistics program that conducts a semi-annual survey of Texas employers. Child-care
center directors in Texas earn a median annual salary of $30,445, or $14.64 per hour.
Accordingly, providers who must hire an additional director may experience an
Minimum Standards for Child-Care Centers
Page 10 of 92

additional annual cost of $30,445. Providers that can achieve compliance by increasing
the number of hours per week for their current center director will experience a
significantly smaller impact.
     Proposed amendments to §746.5607 of this title (relating to What child safety
restraint system must I use when I transport children?) require the use of safety restraint
systems for children younger than eight years of age who have not yet reached four
feet, nine inches in height. The rule outlines which child safety restraint systems may be
used based on the age of children being transported and the vehicle type used. The
proposed rule also adds buses with a gross vehicle weight rating (GVWR) of at least
10,000 pounds to the existing rule requirement that children under the age of five must
be secured in an appropriate child safety restraint system when being transported in a
vehicle. There is no proposed grandfathering for this rule change; it is anticipated that
the rule change will be effective December 1, 2010. (Note, that changes to the
Transportation Code enacted by SB 61 in the 81st Regular Legislative Session, which
impose the same requirement to secure children under eight years of age who are also
under four feet, nine inches in height, has been in effect since September 1, 2009.)
     Proposed amendments to safety restraint devices for a child will not affect all child-
care centers, since some do not transport children, many will already meet the revised
standard due to changes in law, and most do not transport children under the age of five
in large buses with a GVWR of greater than 10,000 pounds. Section 746.5611 of this
title (relating to May parents provide the safety seat equipment required for their child?)
states that parents may provide the safety restraint system for use in transporting their
child, provided the equipment is appropriate and can be properly secured in the vehicle.
This rule continues to provide flexibility to providers and may reduce the economic
impact of revised §746.5607.
     A total of 1,420 survey respondents answered one or more questions on
transportation and the type of vehicle they use to transport children. The majority of
respondents, over 65% of them, indicated that they provide transportation to children.
     Proposed amendments to §746.5607 of this title affect providers that transport
children five to 13 years of age when operating a passenger vehicle. As stated above,
this change conforms to changes made to §545.412, Transportation Code that became
effective September 1, 2009. Under the amendment, a person commits an offense by
operating a passenger vehicle while transporting a child younger than eight years of age
not secured by a safety seat, unless the child is taller than four feet nine inches. Based
on cost information obtained from major retailers such as Wal-Mart and Sears,
Licensing projects that the cost to providers of purchasing new booster seats in order to
comply with the Transportation Code and these rules is less than $50 per seat.
Providers may continue to request that parents furnish the safety seat equipment
required for their child.
     Proposed amendments to §746.5607 of this title also affect child-care centers that
transport children under five years of age when operating a large bus (i.e., a bus with a
GVWR of greater than 10,000 pounds). Licensing proposes this rule to ensure that
children under the age of five have the same level of protection from a safety restraint
system regardless of whether they are being transported in a large bus or a smaller
vehicle. Survey respondents indicated that most providers use smaller vehicles to
transport young children and that an estimated 22% of providers transport children
Minimum Standards for Child-Care Centers
Page 11 of 92

under five years of age in large buses. This group of providers may have an adverse
economic impact to implement the proposed requirements.
     Not all large buses are equipped with the anchorage systems/seat belts needed to
properly secure a child safety seat or booster seat and Licensing is aware that some
child-care centers use large buses without the necessary anchorage systems/seat belts.
The cost to install lap belts in buses is relatively low, at approximately $25 per seat. Lap
belts can be added to buses that are equipped to support lap belts. Other buses may
use add-on restraint systems or select to retrofit their bus or buses.
     There are different options to comply with the proposed amendment when operating
a large bus. Licensing consulted with bus dealers that build and retrofit buses, a lead
distributor of restraint systems for children, and the manufacturer of STAR add-on
restraint systems. Providers may purchase student transportation add-on restraint
systems. This system does not require belts because they adjust to existing seats. This
technology has a five-point restraint that adjusts to the child, has an optional chest strap
available, and it also fits an average large bus. The estimated cost of the system is
$106 per seat for a child 25 to 65 pounds and up to 47" tall; and, the upgraded version
is $152 per seat for a child 25 to 90 pounds. The cost for a system to transport a child
with special needs is $324 and supports children 25-105 pounds. These systems meet
existing Head Start transportation requirements in 45 CFR §1310.11, Child Restraint
Systems.
     A different option is to implement the use of vests. Safety vests have a rigid back for
attachment of the vehicle belt and use a five-point harness to distribute crash forces
across a child’s body. Most travel vests are for children who weigh 25 to 40 pounds.
They are often used on school buses to restrain children. The cost is $65 per seat and
can be used on buses that have lap belts. Seat-belt ready buses that did not add belts
in their original bus order will have the additional cost of $25 per seat to add belts. If
both seat belts and vests are used to meet the proposed minimum standard, the
estimated cost per seat is $90.
     Some providers have indicated that they would need to retrofit their bus or buses in
order to comply with the new rule. The cost to retrofit a large bus with capacity for 72
seats is approximately $11,000 per bus, roughly 10% of the cost of the bus depending
on the model. Because there are other ways to comply with the proposed rule, it is
relatively unlikely that providers will opt to outfit their vehicles unless their ridership is
mostly children younger than five years of age.
     The Government Code §2006.002 requires a Regulatory Flexibility Analysis (RFA)
for proposed rules that may have an adverse economic impact on small or micro-
businesses. Licensed child-care centers are predominantly small and micro-businesses.
Licensing did not consider any alternative to the proposed change in §746.5607 of this
title that implements statutory changes in the Transportation Code enacted by the 81st
Legislature. The section of the rule that relates to transporting children five-13 years of
age is considered per se consistent with the health, safety, and environmental and
economic welfare of the state, and therefore no RFA is required for that change.
     For all other proposed amendments to minimum standards that may have an
adverse economic impact on providers who are small and micro-businesses, Licensing
reviewed minimum standards in other states, relevant published research, and
guidelines or recommendations from a variety of other governmental agencies or
Minimum Standards for Child-Care Centers
Page 12 of 92

industry specialists to determine appropriate minimum protections for the health, safety
and welfare of children in child-care. In addition, Licensing gathered extensive input
from child-care providers in Texas to determine how the entities regulated by these
minimum standards view the costs and benefits of the proposed changes. As noted,
Licensing learned that many providers already meet or exceed proposed changes to
standards and, for some standards, overwhelmingly so. Moreover, many providers who
attended stakeholder meetings convened by Licensing across the state concurred that
minimum standards should be raised to better protect the health, safety and welfare of
children, but requested that some changes be phased-in over a several-year period to
minimize economic impact. Licensing weighed all of this input and considered several
options for each proposed standard, as detailed below, before arriving at the proposed
changes to minimum standards.
    The purpose of the proposed rule change to §746.4907 of this title is to better
protect the health and safety of children by increasing the depth of loose-fill materials in
the use-zone around certain playground equipment, thereby decreasing the severity of
injuries sustained when a child falls while using a child-care center's playground
equipment. Licensing chose to require providers to increase the minimum required
amount of loose-fill surfacing material from six to nine inches, with a five-year period
allowed for achieving compliance.
    Other options Licensing considered and rejected were: (1) Revise the standard to
meet the Consumer Product Safety Commission guidelines of 12 or more inches of
loose-fill materials. This option would have provided even greater protection for
children's health and safety, but would have further increased costs to child-care
centers that are small and micro-businesses; or (2) Make no change to the current
requirement of six inches depth of material, but believes that increased protection to the
health and safety of children justifies the costs to providers of raising the minimum
depth to nine inches.
    In the proposed changes to §746.1601 of this title, Licensing chose to decrease
ratios for the following age groups: two years, three years, five years, and six years and
older, which moves the standards closer to nationally recommended guidelines. As
previously noted, most providers already meet or exceed the proposed changes to ratio
standards.
    Other options Licensing considered: (1) Making no change to current ratio
standards, but Licensing does not believe that the current ratios adequately protect the
health and safety of children in some age ranges. Moreover, Licensing determined that
a majority of providers already meet or exceed the proposed changes to ratios and will
not be negatively impacted by the changes; (2) Adopting the even lower ratios
recommended by Caring for Our Children, a set of National Health and Safety
Performance Standards for Out-of-Home Child Care Programs, and the National
Association for the Education of Young Children, but Licensing rejected these options
because of their greater cost to providers; (3) Making the changes in ratios immediately
effective, but Licensing decided to allow providers two years in which to reach
compliance with the proposed ratios to help minimize the significant cost that the
revised ratios will have on some providers.
    In proposing amendments to §746.1609 of this title, Licensing chose to decrease
group sizes for the following age groups: birth – 11 months, 12-17 months, two years
Minimum Standards for Child-Care Centers
Page 13 of 92

and three years.
     Other options Licensing considered: (1) Making no change to current group size
standards, but Licensing does not believe that the current standards adequately protect
the health and safety of children in some age ranges. Moreover, Licensing determined
that a majority of providers already meet or exceed the proposed changes to group
sizes and will not be negatively impacted by the changes; (2) Adopting the even lower
group sizes recommended by Caring for Our Children and the National Association for
the Education of Young Children, but Licensing rejected these options because of their
greater cost to providers; (3) Making the changes in group sizes immediately effective,
but decided to allow providers two years in which to reach compliance with the newly
proposed group sizes to help minimize the significant cost that the revised standards
will have on some providers.
     In proposing amendments to §746.1011 of this title, Licensing chose to clarify in rule
that a director may only be designated for one center and that the designated director
must be present 75% of the operation’s weekly hours of operation or a minimum of 30
hours per week.
     Other options Licensing considered: (1) Making no change to the current rule,
however, the current rule has been frequently challenged by providers who do not
interpret the rule consistent with Licensing's intent when the rule was first adopted.
Licensing believes that the stated minimum number of hours of required director
presence is essential to the health, safety and welfare of children in care. Moreover,
through its survey, Licensing was able to determine that approximately 90% of providers
already meet the proposed clarification in the amendments, and therefore the revised
rule is anticipated to have no impact on the overwhelming majority of providers, while
providing much needed clarification for enforcement purposes. (2) Adopting the same
standards as those in California's state licensing standards, which prohibits a center
director from accepting any outside employment that interferes with the director's duties,
but Licensing was concerned that the California standard is too restrictive and difficult to
enforce.
     The proposed changes to §746.5607 of this title serve two distinct purposes. The
first change, as previously stated, conforms the rule to changes in the Transportation
Code requiring the use of safety restraint systems for children younger than eight years
of age who are not yet at least four feet, nine inches tall. No alternatives were
considered to this change and an RFA is not required for this change, since it is
mandated by statute and therefore presumptively necessary to protect the health, safety
and welfare of children in care. The second proposed amendment adds large buses
with a GVWR of greater than 10,000 pounds to the type of vehicles in which children
under the age of five must be secured in an appropriate child safety restraint system.
     Other options Licensing considered: (1) Not proposing the change for children under
five who are transported in large buses, but failure to amend the rule fails to adequately
protect the health and safety of young children transported in large buses. (2) Not
allowing children under the age of five to be transported in large busses; however, it
was determined that the impact of such a change would have been even greater than
amending the rule to require the use of appropriate child-restraint systems in large
buses, as it would have required providers to purchase an alternative vehicle in order to
continue to transport children.
Minimum Standards for Child-Care Centers
Page 14 of 92

    HHSC has determined that the proposed sections do not restrict or limit an owner's
right to his or her property that would otherwise exist in the absence of government action
and, therefore, do not constitute a taking under §2007.043, Government Code.
    Questions about the content of the proposal may be directed to Lee Roberts at (512)
438-3246 in DFPS's Child Care Licensing Division. Electronic comments may be
submitted to the Minimum Standards Comments mailbox at MSC@dfps.state.tx.us.
Written comments on the proposal may be submitted to Texas Register Liaison, Legal
Services-417, Department of Family and Protective Services E-611, P.O. Box 149030,
Austin, Texas 78714-9030, within 30 days of publication in the Texas Register.

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter A, Purpose and Definitions
TAC Section Number(s) §746.103, §746.105

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendments are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendments implement HRC §42.042.

§746.103. What do certain pronouns mean as used in this chapter?
The following words have the following meanings when used in this chapter:
   (1) (No change.)
   (2) We, us, our, and Licensing--The Licensing Division of the Texas Department of
Family and Protective [and Regulatory] Services (DFPS) [(PRS)].

§746.105. What do certain words and terms mean when used in this chapter?
The words and terms used in this chapter have the meanings assigned to them under
§745.21 of this title (relating to What do the following words and terms mean when used
in this chapter?), unless another meaning is assigned in this section or unless the
context clearly indicates otherwise. In addition, the following words and terms have the
Minimum Standards for Child-Care Centers
Page 15 of 92

following meanings unless the context clearly indicates otherwise:
    (1) - (4) (No change.)
    [(5) After-school care program--A program that provides care for school-age children
during hours before and after school, and days when school is not in session, such as
school holidays, summer vacations, and teacher in-service days.]
    (5) Age-appropriate--Activities, materials, curriculum, and environment that
are developmentally consistent with the chronological age of the child being
served.
    (6) - (34) (No change.)
    (35) Inflatable--An amusement ride or device, consisting of air-filled structures
designed for use, as specified by the manufacturer, that may include but not be
limited to bounce, climb, slide, or interactive play. They are made of flexible
fabric, kept inflated by continuous air flow by one or more blowers, and rely upon
air pressure to maintain their shape.
    (36) [(35)] Janitorial duties--Those services that involve cleaning and maintenance
above that which is required for the continuation of the child-care program. Cleaning
and maintenance include such duties as cleansing carpets, washing cots, sweeping,
vacuuming, or mopping a classroom.
    (37) [(36)] Natural environment--Settings that are natural or normal for all children of
an age group without regard to ability or disability. For example, the primary natural
group setting for a toddler with a disability would be a play group or child-care center or
whatever setting exists for toddlers without disabilities.
    (38) [(37)] Pre-service training--Training given to a person who has no previous
experience in professional child care and no relevant training in specified topics.
    (39) [(38)] Propped bottle--A bottle supported by something other than the child or
adult's hand because the child is too young to hold it.
    (40) [(39)] Regularly--On a recurring, scheduled basis.
    (41) [(40)] Safety belt--A lap belt and any shoulder straps included as original
equipment on or added to a vehicle.
    (42) [(41)] School-age child--A child who is five years of age and older, and who will
attend school at or away from the child-care center in August or September of that year.
    (43) [(42)] Single-use area--Area not routinely used for children's activities, such as a
bathroom, hallway, storage room, cooking area of a kitchen, swimming pool, and
storage building.
    (44) [(43)] Special care needs--A child with special care needs is a child who has a
chronic physical, developmental, behavioral, or emotional condition and who also
requires assistance beyond that required by a child generally to perform tasks that are
within the typical chronological range of development, including but not limited to,
movement of large and/or small muscles, learning, talking, communicating, self-help,
social, emotional, seeing, hearing, and breathing.
    (45) [(44)] State or local fire marshal--A fire official designated by the city, county, or
state government.
    (46) [(45)] State or local sanitation official--A sanitation official designated by the city,
county, or state government.
    (47) [(46)] Toddler--A child from 18 months through 35 months.
    (48) [(47)] Universal precautions--An approach to infection control where all human
Minimum Standards for Child-Care Centers
Page 16 of 92

blood and certain human body fluids are treated as if known to be infectious for HIV,
HBV, and other blood-borne pathogens.
   (49) [(48)] Water activities--Related to the use of splashing pools, wading pools,
swimming pools, or other similar bodies of water.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                    .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter B, Administration and Communication
Division 1, Permit Holder Responsibilities
TAC Section Number(s) §746.201

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendment is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendment implements HRC §42.042.

§746.201. What are my responsibilities as the permit holder?
You are responsible for the following:
   (1) - (3) (No change.)
   (4) Reporting and [or] ensuring your employees and volunteers report suspected
abuse, neglect, or exploitation directly to DFPS and may not delegate this
responsibility as required by the Texas Family Code, §261.101 [§261.401];
   (5) Ensuring all information related to background checks is kept confidential
as required by the Human Resources Code, §40.005(d) and (e);
   (6) [(5)] Ensuring parents have the opportunity to visit the child-care center any time
during the child-care center's hours of operation to observe their child, [the child-care
Minimum Standards for Child-Care Centers
Page 17 of 92

center's operation, and] program activities, the building, the grounds, and the
equipment without having to secure prior approval;
    (7) [(6)] Maintaining liability insurance as required by the Human Resources Code,
§42.049, if we license you to care for 13 or more children;
    (8) [(7)] Complying with the child-care licensing law found in Chapter 42 of the
Human Resources Code, the applicable minimum standards, and other applicable rules
in the Texas Administrative Code; and
    (9) [(8)] Reporting any Department of Justice substantiated complaints related to
Title III of the Americans with Disabilities Act, which applies to commercial public
accommodations, to DFPS.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter B, Administration and Communication
Division 2, Required Notifications
TAC Section Number(s) §§746.301, 746.305, 746.307

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendments are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendments implement HRC §42.042.

§746.301. What changes regarding my child-care center must I notify Licensing about
before making the change?
You must notify us in writing before:
   (1) - (7) (No change.)
Minimum Standards for Child-Care Centers
Page 18 of 92

   (8) Planned closure of five consecutive days or more, during designated hours
of operation, when the operation is not caring for children, with the exception of
nationally recognized holidays [Closing temporarily]; or
   (9) (No change.)

§746.305. What other situations require notification to Licensing?
    (a) You must notify us as soon as possible, but no later than two days after:
        (1) - (2) (No change.)
        (3) You become aware that an employee or child in your care contracts an illness
deemed notifiable by [that the law requires you to report to] the Texas Department of
State Health Services (DSHS) [(TDH)] as specified in 25 TAC 97, Subchapter A
(relating to Control of Communicable Diseases);
        (4) - (5) (No change.)
    (b) (No change.)

§746.307. What emergency or medical situations must I notify parents about?
    (a) - (b) (No change.)
    (c) You must notify all parents of children in the child-care center in writing and
within 48 hours of becoming aware that a child in your care or an employee has
contracted a communicable disease deemed notifiable by [that the law requires you to
report to] the Texas Department of State Health Services as specified in 25 TAC 97,
Subchapter A (relating to Control of Communicable Diseases).
    (d) (No change.)

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter B, Administration and Communication
Division 3, Required Postings
TAC Section Number(s) §746.405

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

  The amendment is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Minimum Standards for Child-Care Centers
Page 19 of 92

Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendment implements HRC §42.042.

§746.405. What telephone numbers must I post and where must I post them?
   (a) You must post the following telephone numbers:
       (1) - (2) (No change.)
       (3) DFPS [PRS] child abuse hotline;
       (4) - (5) (No change.)
   (b) (No change.)
   (c) If you use cellular phone service at your operation, you must ensure dialing
911 directs emergency personnel to your operation location.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter B, Administration and Communication
Division 4, Operational Policies
TAC Section Number(s) §746.501

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendment is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.
Minimum Standards for Child-Care Centers
Page 20 of 92


    The amendment implements HRC §42.042.

§746.501. What [Must I have] written operational policies must I have?
[Yes.] You must develop written policies that [, which] at a minimum address each of
the following:
    (1) - (20) (No change.)
    (21) Instructions on how a parent may contact the local Licensing office, DFPS child
abuse hotline, and DFPS website; [and]
    (22) Your method of informing the parents that under the Texas Penal Code, any
area within 1000 feet of a child-care center is a gang-free zone, where criminal offenses
related to organized criminal activity are subject to harsher penalty. Your method may
include:
        (A) - (B) (No change.)
        (C) informing parents verbally as part of the individual or group parent
orientation[.];
    (23) Your emergency preparedness plan; and
    (24) Your provisions to provide a comfortable place with a seat in your center
or within a classroom that enables a mother to breastfeed her child. In addition,
your policies must inform parents that they have the right to breastfeed or
provide breast milk for their child while in care.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter C, Record Keeping
Division 1, Records of Children
TAC Section Number(s) §§746.605, 746.607, 746.613, 746.627, 746.631

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendments are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Minimum Standards for Child-Care Centers
Page 21 of 92

Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

   The amendments implement HRC §42.042.

§746.605. What admission information must I obtain for each child?
You must obtain at least the following information before admitting a child to care:
    (1) - (12) (No change.)
    (13) A statement of the child's [special problems or] special care needs. This
includes, but is not limited to, allergies, existing illness, previous serious illness and
injuries, hospitalizations during the past 12 months, and any medications prescribed for
continuous, long-term use;
 (14) The name and telephone number of the school that a school-age child attends,
unless the operation is located [after-school care is also provided] at the child's
school; and
    (15) (No change.)

§746.607. Must the child's parent sign the admission information?
Yes. The parent must sign the admission information before you admit the child to your
care. [If admission information is on several forms, a parent must sign each form.]

§746.613. What immunizations are children in my care required to have?
   (a) Each child enrolled or admitted to child-care centers must meet applicable
immunization requirements specified by the Texas Department of State Health
Services in 25 TAC 97, Subchapter B (relating to Immunization Requirements in
Texas Elementary and Secondary Schools and Institutions of Higher Education). This
requirement applies to all children in care from birth through 14 [17] years of age.
   (b) (No change.)

§746.627. Must children in my care have a tuberculosis (TB) examination?
Requirements for tuberculosis screening and testing vary across the state. If your
regional Texas Department of State Health Services (DSHS) [(TDH)] or local health
authority requires tuberculosis testing for children in your child-care center, then you
must have documentation to indicate that each child in your care is free of active
tuberculosis. Documentation of a TB screening is not required to be on file. If you are
unsure of the requirements for your area, contact the TB manager at the DSHS [TDH]
regional office nearest you.

§746.631. Must I have a system for signing children in and out of my care [keep a
sign-in and sign-out log for children in my care]?
    (a) Yes. You must have a system for tracking [maintain a sign-in and sign-out log
for] each child coming and going from your child-care center throughout the day. This
tracking system [log] must include the name of each child, the date, time of arrival and
time of departure, and employee or parent's initials or other unique identification
Minimum Standards for Child-Care Centers
Page 22 of 92

code.
   [(b) You may keep the log at the entrance of the child-care center or in each
classroom.]
   (b) [(c)] All caregivers must have access to the system [sign-in and sign-out log] to
determine which children are in care during their work shift, changes in caregivers, and
emergency evacuations.
   (c) [(d)] You must keep tracking information [sign-in and sign-out logs] for the
previous three months and make it [them] available to Licensing for review upon
request.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter C, Record Keeping
Division 2, Records of Accidents and Incidents
TAC Section Number(s) §746.703

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendment is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendment implements HRC §42.042.

§746.703. Where can I get a copy of Licensing's Incident/Illness Report form?
You may obtain a copy of the form from Licensing staff or on the DFPS [PRS] website
at: http://www.dfps.state.tx.us/Child_Care/Information_for_Providers/cclforms.asp
[www.tdprs.state.tx.us/Child_Care].
Minimum Standards for Child-Care Centers
Page 23 of 92

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter C, Record Keeping
Division 3, Records That Must be kept on File at the Child-Care Center
TAC Section Number(s) §746.801, §746.805

Proposed Action

X      Amendment
X      New

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

   The amendment and new section are proposed under Human Resources Code (HRC)
§40.0505 and Government Code §531.0055, which provide that the Health and Human
Services Executive Commissioner shall adopt rules for the operation and provision of
services by the health and human services agencies, including the Department of Family
and Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendment and new section implement HRC §42.042.

§746.801. What records must I keep at my child-care center?
You must maintain and make the following records available for our review upon
request, during hours of operation. Paragraphs (18), (19), and (20) are optional, but if
provided, allows Licensing to avoid duplicating the evaluation of standards that [, which]
have been evaluated by other state agencies within the past year:
   (1) - (7) (No change.)
   (8) Proof of request for all [DFPS] background checks required by Subchapter F of
Chapter 745 of this title (relating to Background Checks);
   (9) - (21) (No change.)
   (22) Written approval from the fire marshal to provide care above or below ground
level, if applicable; [and]
   (23) Most recent DFPS form certifying that you have reviewed each of the bulletins
and notices issued by the United States Consumer Product Safety Commission
regarding unsafe children's products and that there are no unsafe children's products in
Minimum Standards for Child-Care Centers
Page 24 of 92

use or accessible to children in the child-care center; and [.]
   (24) System to track when a child's care begins and ends daily.

§746.805. May I keep electronic records or a combination of paper and electronic
records?
Yes, you may keep electronic records or a combination of paper and electronic records.
   (1) If you keep a combination of electronic and paper records, you must develop
procedures that address what must be in the external paper file and what can be in the
electronic file;
   (2) Children's records must be accessible to all caregivers during their work shift,
changes in caregivers, and emergency evacuations; and
   (3) Records must be available during operating hours for review by Licensing upon
request.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter C, Record Keeping
Division 4, Personnel Records
TAC Section Number(s) §746.901

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendment is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendment implements HRC §42.042.

§746.901. What information must I maintain in my personnel records?
Minimum Standards for Child-Care Centers
Page 25 of 92

You must have the following records at the child-care center and available for review
during hours of operation for each employee, caregiver, substitute, and volunteer as
specified in this chapter:
    (1) - (2) (No change.)
    (3) A copy of a health card or physician's statement verifying the employee is free of
active tuberculosis, if required by the regional Texas Department of State Health
Services TB program or local health authority;
    (4) - (6) (No change.)
    (7) Proof of request for DFPS [PRS] background checks; [and]
    (8) A copy of a photo identification; and
    (9) [(8)] A copy of a current driver's license for each person who transports a child in
care.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                     .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter D, Personnel
Division 1, Child-Care Center Director
TAC Section Number(s) §746.1005

Proposed Action

X      Repeal

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The repeal is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The repeal implements HRC §42.042.

§746.1005. If I operate after-school care programs at multiple locations, must I
designate a director for each child-care center?
Minimum Standards for Child-Care Centers
Page 26 of 92


   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                    .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter D, Personnel
Division 1, Child-Care Center Director
TAC Section Number(s) §§746.1011, 746.1019, 746.1021, 746.1023, 746.1027,
746.1029

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendments are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendments implement HRC §42.042.

§746.1011. Must my director be at my child-care center during all hours of operation?
    (a) No; however, your director must [routinely] be present a minimum of 75% of the
center's operating hours each week or a minimum of 30 hours per week,
whichever is less, [during hours of operation] to ensure the child-care center complies
with all minimum standards.
    (b) A director must not be designated to direct more than one child-care
center. [If a director is designated to direct more than one child-care center, the director
must ensure that each child-care center complies with the minimum standards.]

§746.1019. Are any directors exempt from the qualifications?
    (a) A current director who was director of a DFPS [PRS] licensed group day-care
home before May 1, 1985, is exempt from the requirements specified in §746.1017 of
this title (relating to What qualifications must the director of my child-care center
Minimum Standards for Child-Care Centers
Page 27 of 92

licensed for 12 or fewer children meet?).
    [(b) A current director who was a director of a PRS licensed group day-care home
after May 1, 1985, and before September 1, 2003, has three years from September 1,
2003, to comply with the qualifications.]
    (b) [(c)] A current director who was director before September 1, 2003, of a DFPS
[PRS] licensed school: grades kindergarten and above, kindergarten and nursery
school, or drop-in care center is exempt from the requirements specified in §746.1015
of this title (relating to What qualifications must the director of my child-care center
licensed for 13 or more children meet?).
    (c) [(d)] If a current director under exemption changes jobs after December 1, 2010,
[September 1, 2003], this person must meet director qualifications specified in this
subchapter before being designated a child-care center director in a new position.

§746.1021. What constitutes experience in a licensed child-care center, or in a licensed
or registered child-care home?
    (a) Only the following types of experience may be counted as experience in a
licensed child-care center:
        (1) Experience as a director, assistant director, or as a caregiver working directly
with children, obtained in any DFPS [PRS] licensed child-care center, whether paid or
unpaid;
        (2) Experience as a director, assistant director, or caregiver working directly with
children, whether paid or unpaid, in a DFPS [PRS] licensed day-care center, group day-
care home, kindergarten or nursery school, schools: grades kindergarten and above,
drop-in care center, or in a DFPS [PRS] alternatively accredited program; and
        (3) (No change.)
    (b) Only the following types of experience may be counted as experience in a
licensed or registered child-care home:
        (1) Experience as a primary caregiver or assistant caregiver working directly with
children, whether paid or unpaid, in a DFPS [PRS] licensed or registered child-care
home;
        (2) Experience as a director, assistant director, or caregiver working directly with
children, whether paid or unpaid in a DFPS [PRS] licensed group day-care home; or
        (3) Experience as a primary caregiver of a DFPS [PRS] registered family home.
    (c) You must have obtained all work experience in a full-time capacity or its
equivalent in a part-time capacity. Full-time is defined as at least 30 [40] hours per
week.

§746.1023. May other types of experience be substituted for the required experience in
a licensed child-care center, or in a licensed or registered child-care home?
The following types of experience may be substituted for one year of the required
experience:
    (1) One year of full-time classroom teaching in a public or private accredited school
in grades pre-kindergarten [kindergarten] through third, during a customary school
year;
    (2) Substitute or part-time classroom teaching in a public or private accredited
school in grades pre-kindergarten [kindergarten] through third, if the total length of time
Minimum Standards for Child-Care Centers
Page 28 of 92

adds up to one year of full-time teaching during a customary school year; and
   (3) (No change.)

§746.1027. What credit courses does Licensing recognize as child development?
Due to a large variation in credit course titles and content, it is impossible to list all
courses that may be counted toward the child development requirement. Courses in
early childhood education, child growth and development, psychology, sociology,
classroom management, child psychology, health and safety of children, elementary
education related to pre-kindergarten [kindergarten] through third grade, and other
similar courses may be counted, provided the course content relates to child
development or the topics specified in §746.1309 of this title (relating to How many
clock hours of annual training must be obtained by caregivers?). Abnormal
psychology and secondary education courses are not recognized as child development.

§746.1029. What credit courses does Licensing recognize as [business] management?
Due to a large variation in credit course titles and content, it is impossible to list all
courses that may be counted toward the [business] management requirement.
Management [Business management] courses may include administration of a child-
care facility, recreational leadership, accounting, goal and objective setting,
performance planning and evaluation, management techniques, risk management and
other administrative, management, or supervisory-related courses. Courses in office
machines or computer training are not recognized as [business] management.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter D, Personnel
Division 2, Child-Care Center Employees and Caregivers
TAC Section Number(s) §§746.1103, 746.1105, 746.1107

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

   The amendments are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
Minimum Standards for Child-Care Centers
Page 29 of 92

the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

   The amendments implement HRC §42.042.

§746.1103. Are there different personnel qualifications for employees and caregivers?
Yes. Personnel requirements for employees apply to all employees and caregivers.
Personnel requirements for caregivers apply only to those persons counted in
child/caregiver ratio. The following chart outlines the personnel qualifications for
employees and caregivers:

Employees                                  Caregivers
not counted in child/caregiver ratio:      counted in child/caregiver ratio:
DFPS [PRS] background check                DFPS [PRS] background check
Be free of active tuberculosis             Be free of active tuberculosis
Notarized Licensing Affidavit for          Notarized Licensing Affidavit for
Applicants for Employment form; and        Applicants for Employment form; and
Orientation to the child-care center       Orientation to the child-care center
                                           18 years old or older
                                           High school diploma or equivalent
                                           Eight hours pre-service training

§746.1105. What minimum qualifications must each of my child-care center employees
meet?
Each child-care center employee who is regularly or frequently present while children
are in care must:
    (1) (No change.)
    (2) Have a current record of a tuberculosis examination, showing they are free of
contagious TB, if required by the regional Texas Department of State Health Services
or local health authority;
    (3) - (4) (No change.)

§746.1107. What additional minimum qualifications must each of my caregivers meet?
Except as otherwise provided in this division, each employee counted in the
child/caregiver ratio must comply with minimum standards for employees and must:
    (1) (No change.)
    (2) Have a:
        (A) High school diploma; [or]
        (B) High school equivalent; or [and]
        (C) High school certificate of coursework completion as defined in Texas
Education Code, §28.025(d); and
    (3) (No change.)
Minimum Standards for Child-Care Centers
Page 30 of 92

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                    .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter D, Personnel
Division 3, General Responsibilities for Child-Care Center Personnel
TAC Section Number(s) §746.1201, §746.1203

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendments are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendments implement HRC §42.042.

§746.1201. What general responsibilities do my child-care center employees have?
All child-care center employees, including persons not counted in the child/caregiver
ratio, must:
    (1) - (3) (No change.)
    (4) Ensure that no child is abused, neglected, or exploited while in the care of
the center [Not abuse, neglect, or exploit children]; and
    (5) Report suspected abuse, neglect, and exploitation to DFPS as specified in the
Texas Family Code, §261.101 [PRS or to law enforcement].

§746.1203. What additional responsibilities do my caregivers counted in the
child/caregiver ratio have?
In addition to the responsibilities for employees specified in this division, caregivers
counted in the child/caregiver ratio must:
    (1) - (3) (No change.)
    (4) Supervise children at all times, as specified in §746.1205 of this title (relating
Minimum Standards for Child-Care Centers
Page 31 of 92

to What does Licensing mean by "supervise children at all times"?) [adjusting
appropriately for different ages and abilities of children];
   (5) (No change.)
   (6) Be free from activities [duties] not directly involving the teaching, care, and
supervision of children, such as:
       (A) (No change.)
       (B) Meal preparation, except when 12 or fewer children are in care; [and]
       (C) Janitorial duties, such as mopping, vacuuming, and cleaning restrooms.
Sweeping up after an activity or mopping up spills may be necessary for the children's
safety and are not considered janitorial duties; and
       (D) Personal use of electronic devices, such as cell phones MP3 players,
and video games;
   (7) - (11) (No change.)

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter D, Personnel
Division 4, Professional Development
TAC Section Number(s) §§746.1309, 746.1311, 746.1313, 746.1317, 746.1323,
746.1325

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendments are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendments implement HRC §42.042.
Minimum Standards for Child-Care Centers
Page 32 of 92

§746.1309. How many clock hours of annual training must be obtained by caregivers?
    (a) - (b) (No change.)
    (c) The remaining clock hours of annual training must be in one or more of the
following topics:
        (1) (No change.)
        (2) Child [Adult and child] health (for example, nutrition and activity);
        (3) - (6) (No change.)
        (7) Professional development (for example, effective communication with
families, time and stress management);
        (8) - (9) (No change.)
        (10) Planning developmentally appropriate learning activities; [and]
        (11) Observation and assessment;
        (12) Attachment and responsive care giving; and
        (13) [(11)] Minimum standards and how they apply to the caregiver.
    (d) - (e) (No change.)

§746.1311. How many clock hours of training must my child-care center director obtain
each year?
    (a) - (b) (No change.)
    (c) A director with five or fewer years of experience as a designated [qualified]
director of a child-care center must also complete at least six clock hours of the annual
training in management techniques, leadership, or staff supervision.
    (d) A director with more than five years of experience as a designated [qualified]
director of a child-care center must complete at least three clock hours of the annual
training in management techniques, leadership, or staff supervision.
    (e) - (h) (No change.)

§746.1313. When must annual training for my caregivers and director be obtained?
Each caregiver and director must obtain their annual training within 12 months from the
date of their employment and during each subsequent 12-month period unless
otherwise specified in this division. If they obtain more than the minimum number of
annual training clock hours required, they may not carry the additional clock hours over
to the next year.

§746.1317. Must the training for my caregivers and the director meet certain criteria?
   (a) Training may include clock hours or CEUs obtained through:
       (1) - (4) (No change.)
       (5) Planned learning opportunities provided by professional consultants, such as
those listed on the Texas Trainer Registry, or by a child-care center director or
caregiver with specialized training or knowledge on the subject matter that meets
minimum standard qualifications.
   (b) (No change.)

§746.1323. If I hire a caregiver or a director that received training at another child day-
care operation [child-care center], may these hours count towards the annual training
requirement at my center?
Minimum Standards for Child-Care Centers
Page 33 of 92

If the caregiver or director is able to provide documentation of training as specified in
§746.1329 of this title (relating to What documentation must I provide to Licensing
to verify that training requirements have been met?) obtained from another child
day-care operation that we regulate, within two months before coming to work for
your child-care center, this training may apply toward the annual training requirement. If
you apply this training to the annual training requirement, you must adjust the annual
training year due dates for this person accordingly.

§746.1325. What is self-instructional and instructor-led training?
    (a) Self-instructional training is designed to be used by one individual working alone
and at their own pace to complete the lessons or modules. Lessons or modules
commonly include questions with clear right and wrong answers. Examples include, but
are not limited to, self-paced web-based training [computer-based training (CBT)],
written materials, or a combination of video or web-based [video-based] and written
materials.
    (b) Instructor-led training is characterized by the communication and interaction that
takes place between the learner and the instructor and must include an opportunity for
the learner to interact with the instructor to obtain information beyond the scope of the
training materials. The instructor must be able to communicate with the learner in a
timely and organized fashion, including but not limited to the instructor answering
questions, providing feedback on skills practice, providing guidance or information on
additional resources, and proactively contacting learners. Examples include, but are not
limited to, classroom training, web-based on-line facilitated [distance] learning, video-
conferencing, or other group learning experiences.
    (c) (No change.)

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                    .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter D, Personnel
Division 5, Volunteers, Substitutes, and Contractors
TAC Section Number(s) §746.1403

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication
Minimum Standards for Child-Care Centers
Page 34 of 92

    The amendment is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendment implements HRC §42.042.

§746.1403. What minimum standards must volunteers or any person under contract
with the center [contractors such as the dance, gymnastics, computer, or music
teacher,] comply with?
    (a) Volunteers and any person under contract with the center [contractors],
whether paid or unpaid, who are regularly or frequently present at the child-care center
but not counted in the child/caregiver ratio, must comply with minimum standards that
apply to employees.
    (b) Volunteers and any person under contract with the center [contractors],
whether paid or unpaid, who are regularly or frequently present at the child-care center
and counted in the child/caregiver ratio, must comply with minimum standards that
apply to employees and caregivers.
    (c) Volunteers and any person under contract with the center [contractors] that
do not meet caregiver qualifications, whether paid or unpaid, must never be left alone
with children.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter E, Child/Caregiver Ratios and Group Sizes
Division 2, Classroom Ratios and Group Sizes for Centers Licensed to Care for 13 or
More Children
TAC Section Number(s) §§746.1601, 746.1609, 746.1617

Proposed Action

X      Amendment
X      New

Proposed Date of Adoption:

X      Other (Specify)
Minimum Standards for Child-Care Centers
Page 35 of 92

       30 Days After Publication

    The amendments and new section are proposed under Human Resources Code
(HRC) §40.0505 and Government Code §531.0055, which provide that the Health and
Human Services Executive Commissioner shall adopt rules for the operation and provision
of services by the health and human services agencies, including the Department of
Family and Protective Services; and HRC §40.021, which provides that the Family and
Protective Services Council shall study and make recommendations to the Executive
Commissioner and the Commissioner regarding rules governing the delivery of services to
persons who are served or regulated by the department.

   The amendments and new section implement HRC §42.042.

§746.1601. How many children may one caregiver supervise?
The classroom ratio is the number of children one caregiver may supervise and is
shown in the following chart. The classroom ratio is based on the specified age of the
children in the group, unless otherwise stated in this subchapter:

 If the specified age of the children   Then the maximum number of
 in the group is…                       children one caregiver may
                                        supervise is…
 0-11 months                            4
 12-17 months                           5
 18-35 [18-23] months                   9
 [2 years]                              [11]
 3 years                                14 [15]
 4 years                                18
 5 years                                20 [22]
 6-13 [6-8] years                       22 [26]
 [9-13 years]                           [26]

§746.1609. What is the maximum group size?
The maximum group size and the number of children two or more caregivers may
supervise when 13 or more children are in care is specified in the following chart and is
based on the specified age of the children in the group:

 If the specified age of the children      Then the maximum group size and
 in the group is…                          number of children two or more
                                           caregivers may supervise is…
 0-11 months                               8 [10]
 12-17 months                              10 [13]
 18-35 [18-23] months                      18
 [2 years (24 months)]                     [22]
 3 years                                   28 [30]
 4 years                                   35
 5 years                                   35
Minimum Standards for Child-Care Centers
Page 36 of 92

 6-13 [6-8] years                          35
 [9-13 years]                              [35]

§746.1617. Will I be given an opportunity to comply, if my child-care center was
licensed before December 1, 2010?
You have two years from December 1, 2010, to comply with classroom ratios and group
sizes as specified in this division, unless otherwise stated in a specific rule.
    (1) You must maintain at least the following classroom ratios during the two-year
period beginning December 1, 2010.

If the specified age of the children in      Then the maximum number of children
the group is…                                one caregiver may supervise is…
0-11 months                                  4
12-17 months                                 5
18-23 months                                 9
2 years                                      11
3 years                                      15
4 years                                      18
5 years                                      22
6-8 years                                    26
9-13 years                                   26

   (2) You must maintain at least the following maximum group size during the two-year
period beginning December 1, 2010.

If the specified age of the children in      Then the maximum group size and number
the group is…                                of children two or more caregivers may
                                             supervise is…
0-11 months                                  10
12-17 months                                 13
18-23 months                                 18
2 years                                      22
3 years                                      30
4 years                                      35
5 years                                      35
6-8 years                                    35
9-13 years                                   35

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.
Minimum Standards for Child-Care Centers
Page 37 of 92


    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter E, Child/Caregiver Ratios and Group Sizes
Division 2, Classroom Ratios and Group Sizes for Centers Licensed to Care for 13 or
More Children
TAC Section Number(s) §746.1617

Proposed Action

X      Repeal

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The repeal is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The repeal implements HRC §42.042.

§746.1617. Will I be given an opportunity to comply, if my child-care center was
licensed before September 1, 2003?

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter E, Child/Caregiver Ratios and Group Sizes
Division 3, Classroom Ratios and Group Sizes for Centers when 12 or Fewer Children
are in Care
TAC Section Number(s) §746.1711

Proposed Action
Minimum Standards for Child-Care Centers
Page 38 of 92


X      Repeal

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The repeal is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The repeal implements HRC §42.042.

§746.1711. Will I be given an opportunity to comply, if my child-care center was
licensed before September 1, 2003?

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter E, Child/Caregiver Ratios and Group Sizes
Division 4, Ratios for Field Trips
TAC Section Number(s) §746.1803

Proposed Action

X      Repeal

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The repeal is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Minimum Standards for Child-Care Centers
Page 39 of 92

Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The repeal implements HRC §42.042.

§746.1803. Will I be given an opportunity to comply, if my child-care center was
licensed before September 1, 2003?

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter E, Child/Caregiver Ratios and Group Sizes
Division 4, Ratios for Field Trips
TAC Section Number(s) §746.1803

Proposed Action

X      New

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The new section is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The new section implements HRC §42.042.

§746.1803. Will I be given an opportunity to comply, if my child-care center was
licensed before December 1, 2010?
If your child-care center was licensed before December 1, 2010, you have two years
from December 1, 2010, to comply with ratios and group sizes for field trips as specified
in §746.1801(c) of this title (relating to Do I need additional caregivers when I take
Minimum Standards for Child-Care Centers
Page 40 of 92

children away from the child-care center for field trips or walks?), unless otherwise
stated. You must maintain at least the classroom ratios and group sizes outlined in
§746.1617 of this title (relating to Will I be given an opportunity to comply, if my child-
care center was licensed before December 1, 2010?) when children are on a walk or
field trip in an enclosed, controlled area.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                      .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter E, Child/Caregiver Ratios and Group Sizes
Division 7, Ratios for Water Activities
TAC Section Number(s) §746.2101, §746.2103

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendments are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendments implement HRC §42.042.

§746.2101. Must I have additional caregivers for splashing/wading activities?
   (a) The maximum number of children one caregiver can supervise while children use
a splashing or wading pool (two feet of water or less) is based on the age of the
youngest child in the group and is specified in the following chart:

Ratio for Splashing or Wading Pools (Two Feet Deep or Less)
If the age of the         Then you must have          Every (number)
youngest child is…        (number) adults to          children.
                          supervise…
Minimum Standards for Child-Care Centers
Page 41 of 92

0 - 23 months              1                               1
                           2                               4
2 years                    1                               2
                           2                               5
3 years                    1                               6
4 years                    1                               16
5 years                    1                               20
6-13 [6-8] years           1                               22
[9 years and older]        [1]                             [25]

   (b) (No change.)

§746.2103. Will I be given an opportunity to comply with the minimum standards for
splashing/wading activities, if my child-care center was licensed before December 1,
2010 [September 1, 2003]?
    (a) If your child-care center was licensed before December 1, 2010, [September 1,
2003,] you have two years from December 1, 2010, [one year from September 1,
2003,] to comply with child/caregiver ratios for splashing/wading activities as specified in
§746.2101 of this title (relating to Must I have additional caregivers for splashing/wading
activities?), unless stated otherwise. You must maintain at least the following ratios
when children use a splashing/wading pool (two feet of water or less) at or away from
your child-care center during the two-year [one-year] period beginning December 1,
2010 [September 1, 2003].

   Ratio for Splashing or Wading Pools (Two Feet Deep or Less)

   If the age of the             Then you must have               Every (number)
   youngest child is...          (number) adults to               children.
                                 supervise...

                                 1                                1
   0 - 23 months
                                 2                                4

                                 1                                2
   2 years
                                 2                                5

   3 years                       1                                6

   4 years                       1                                16

   5 years                       1                                20

   6 - 8 years                   1                                22
Minimum Standards for Child-Care Centers
Page 42 of 92

      9 years and older              1                                  25



        [(1) If your child-care center was licensed as a group day care home, the
following chart applies:]
[
If the age of the youngest        Then you must have           Every (number of children)
child in the group is…            (number of caregivers)       children
                                  caregivers to supervise…
       6 months-23 months                           2                               6
              2 years                               2                              11
              3 years                               2                              12
         4 years and older                          1                              12
]
        [(2) If your child-care center was licensed as kindergarten and nursery school,
the following chart applies:]
[
If the age of the youngest Then you must have            Every (number of children)
child in the group is…          (number of caregivers) children
                                caregivers to
                                supervise…
             2 years                          2                              11
             3 years                          2                              13
             4 years                          1                              18
             5 years                          1                              22
             6 years                          1                              25
]
      [(3) If your child-care center was licensed as a school: grades kindergarten and
above, the following chart applies:]
[
    If the age of youngest child in the group is…       Then the maximum number of children to be
                                                        supervised by one adult is…
                      4 years                                                 8
                      5 years                                                22
                 6 years and older                                           26
]
        [(4) If your child-care center was licensed as a drop-in care center,
splashing/wading activities are not allowed unless the child/caregiver ratio in §746.2101
of this title (relating to Must I have additional caregivers for splashing/wading activities?)
is followed.]
    (b) When children are mixing with children and adults who are not from your child-
care center during splashing or wading activities, the child/caregiver ratios for field trips
as specified in §746.1803 of this title (relating to Will I be given an opportunity to
comply, if my child-care center was licensed before December 1, 2010 [September 1,
2003]?) must be followed.
    (c) A child-care center licensed before December 1, 2010, [September 1, 2003,]
Minimum Standards for Child-Care Centers
Page 43 of 92

must comply with the child/caregiver ratios in this division when your existing permit is
no longer valid.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                    .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter E, Child/Caregiver Ratios and Group Sizes
Division 7, Ratios for Water Activities
TAC Section Number(s) §746.2107

Proposed Action

X      Repeal

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The repeal is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The repeal implements HRC §42.042.

§746.2107. Will I be given an opportunity to comply with the child/caregiver ratios for
swimming activities, if my child-care center was licensed before September 1, 2003?

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                    .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter F, Developmental Activities and Activity Plan
TAC Section Number(s) §§746.2201, 746.2203, 746.2205, 746.2207
Minimum Standards for Child-Care Centers
Page 44 of 92


Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendments are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendments implement HRC §42.042.

§746.2201. Must caregivers provide planned activities for the children in their care?
   (a) Yes. Caregivers must provide planned activities designed to meet the individual
needs and developmental level of each child.
   (b) You must ensure that children who need special care due to disabling or
limiting conditions receive the care recommended by a health-care professional
or qualified professionals affiliated with the local school district or early
childhood intervention program. These basic care requirements must be
documented and on file for review at the child-care center during operating
hours. Activities must integrate all children with or without special care needs.
You may need to adapt equipment and vary methods to ensure that you care for
children with special needs in a natural environment.

§746.2203. Must caregivers have written activity plans?
    (a) (No change.)
    (b) The activity plan must be inclusive for all children in the group regardless of
disabling or limiting conditions. [For more information on caring for children with special
care needs, see §746.2301 of this title (relating to Are there basic care requirements for
children with special care needs?).]

§746.2205. What should the activity plan include?
   (a) The written activity plan must include at least the following:
       (1) The group the activity plan is designed for and dates (daily, weekly, or
monthly) the plan covers;
       (2) A variety of activities daily;
       (3) Outdoor [indoor and outdoor] play in which the children make use of both
Minimum Standards for Child-Care Centers
Page 45 of 92

small and large muscles, both in the morning and afternoon;
        (4) A balance of active and quiet play including group and individual activities
both indoors and outdoors;
        (5) Regular meal and snack times;
        (6) Supervised naptimes;
        (7) Both child-initiated and caregiver-initiated activities;
        (8) Sufficient time for activities and routines so that children can progress at their
own developmental rate; and
        (9) No long waiting periods between activities or prolonged periods during which
children stand or sit.
    (b) The written activity plan may include screen time activities (T.V., videos,
computer, or video games), if you also include alternative activities for children
that do not want to participate.

§746.2207. May I use TV/video, computer, or [and] video games for activities with
children?
    (a) Activities using TV/video, computer, or video games are prohibited for
children under the age of two years.
    (b) TV/video, computer, or [and] video games may be used to supplement, but may
not be used to replace, the activities for children ages two years and older provided
as described in [§746.2417 (relating to What activities must I provide for infants?);]
§746.2507 of this title (relating to What activities must I provide for toddlers?);
§746.2607 of this title (relating to What activities must I provide for pre-kindergarten-
age children?); and §746.2707 of this title (relating to What activities must I provide for
school-age children?). [If you use TV/video and video games as an activity for children,
they must be age appropriate.]
    (c) If you use TV/video, computer or video games as an activity for children,
you must ensure that they:
        (1) Are related to the planned activities;
        (2) Are age-appropriate; and
        (3) Do not exceed two hours per day.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                      .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter G, Basic Care Requirements for Children with Special Care Needs
TAC Section Number(s) §746.2301

Proposed Action

X      Repeal
Minimum Standards for Child-Care Centers
Page 46 of 92

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The repeal is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The repeal implements HRC §42.042.

§746.2301. Are there basic care requirements for children with special care needs?

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter I, Basic Care Requirements for Toddlers
TAC Section Number(s) §§746.2505, 746.2507, 746.2509

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendments are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.
Minimum Standards for Child-Care Centers
Page 47 of 92

   The amendments implement HRC §42.042.

§746.2505. What furnishings and equipment must I provide for toddlers?
Furnishings and equipment for toddlers must include at least the following:
    (1) (No change.)
    (2) Enough popular items available so that toddlers are not forced to compete for
them; [and]
    (3) Containers or low shelving so items children can safely use without direct
supervision are accessible to children; and
    (4) Training cups, if used, that are labeled with the child's first name and initial
of last name.

§746.2507. What activities must I provide for toddlers?
Activities for toddlers must include at least the following:
    (1) Daily morning and afternoon opportunities for outdoor play when weather
permits;
    (2) - (4) (No change.)
    (5) Opportunities for active play both indoors and outdoors. Examples of age-
appropriate equipment or activities include music, songs, simple games and
dramatic or imaginary play that encourage movement such as dancing, running,
climbing, stretching, walking and marching;
    (6) [(5)] Opportunities for language development. Examples of age-appropriate
equipment or activities include washable soft animals or puppets, simple picture books,
and pictures of familiar items and places;
    (7) [(6)] Opportunities for social/emotional development. Examples of age-
appropriate equipment or activities include dress-up clothes and accessories,
housekeeping equipment, unbreakable mirrors, washable dolls with accessories, items
for practicing buttoning, zipping, lacing and snapping, and baskets, tubs, and tote bags
(not plastic bags) for carrying and toting;
    (8) [(7)] Opportunities to develop self-help skills such as toileting, hand washing, and
feeding;
    (9) [(8)] Regular meal and snack times; and
    (10) [(9)] Supervised naptimes.

§746.2509. Must I share a daily report with parents for each toddler in my care?
No, however you must have a plan for personal contact with parents that
provides for an exchange of information regarding observations, comments, and
concerns regarding their child. [No. You are not required to share a daily report on a
toddler with parents.]

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

   Issued in Austin, Texas, on                      .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Minimum Standards for Child-Care Centers
Page 48 of 92

Chapter 746, Minimum Standards for Child-Care Centers
Subchapter J, Basic Care Requirements for Pre-Kindergarten Age Children
TAC Section Number(s) §746.2607

Proposed Action

X     Amendment

Proposed Date of Adoption:

X     Other (Specify)
      30 Days After Publication

    The amendment is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendment implements HRC §42.042.

§746.2607. What activities must I provide for pre-kindergarten age children?
Activities for pre-kindergarten age children must include at least the following:
    (1) Daily morning and afternoon opportunities for outdoor play when weather
permits;
    (2) - (4) (No change.)
    (5) Opportunities for active play both indoors and outdoors. Examples of age-
appropriate equipment or activities include active games such as tag and hot
potato, dancing and creative movement to music and singing, simple games and
dramatic or imaginary play that encourages running, stretching, climbing,
walking and marching;
    (6) [(5)] Opportunities for language development. Examples of age-appropriate
equipment or activities include flannel board stories, puppets, and variety of storybooks,
writing materials, and stories on tape;
    (7) [(6)] Opportunities for social/emotional development. Examples of age-
appropriate equipment or activities include dress-up clothes and accessories, mirrors,
dolls, simple props for different themes, puppets, transportation toys, play animals, and
table games;
    (8) [(7)] Opportunities to develop self-help skills such as toileting, hand washing,
returning equipment to storage areas or containers, and serving and feeding;
    (9) [(8)] Regular meal and snack times; and
    (10) [(9)] Supervised naptimes.
Minimum Standards for Child-Care Centers
Page 49 of 92

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                     .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter K, Basic Care Requirements for School-age Children
TAC Section Number(s) §746.2707

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendment is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendment implements HRC §42.042.

§746.2707. What activities must I provide for school-age children?
Activities for school-age children must include at least the following:
   (1) (No change.)
   (2) Daily morning and afternoon opportunities for outdoor play when weather
permits;
   (3) - (5) (No change.)
   (6) Opportunities for active play both indoors and outdoors. Examples of age-
appropriate equipment or activities include active games such as tag and Simon
says, dancing and creative movement to music and singing, simple games and
dramatic or imaginary play that encourages running, stretching, climbing, and
walking;
   (7) [(6)] Opportunities for social/emotional development. Examples of age-
appropriate equipment or activities include dolls with detailed, realistic accessories; role-
play materials, including real equipment for library, hospital, post office, costumes,
makeup and disguise materials; puppets and puppet show equipment; transportation
toys, such as small vehicles or models; play and art materials; nature materials; and
Minimum Standards for Child-Care Centers
Page 50 of 92

human and animal figurines;
    (8) [(7)] Regular meal and snack times; and
    (9) [(8)] Naptimes, or a period of rest for those children too old to nap, during which
children should be supervised according to §746.1205 of this title (relating to ["]What
does Licensing mean by "supervise children at all times"?).

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                     .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter L, Discipline and Guidance
TAC Section Number(s) §746.2809, §746.2811

Proposed Action

X      Repeal

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The repeals are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The repeals implement HRC §42.042.

§746.2809. Must I have a written discipline and guidance policy?
§746.2811. Must I give a copy of my written discipline and guidance policy to parents
and my employees?

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                     .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Minimum Standards for Child-Care Centers
Page 51 of 92

Chapter 746, Minimum Standards for Child-Care Centers
Subchapter L, Discipline and Guidance
TAC Section Number(s) §746.2809

Proposed Action

X      New

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The new section is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The new section implements HRC §42.042.

§746.2809. Must I have a written discipline and guidance policy?
    (a) You must have a written discipline and guidance policy that complies with the
rules in this subchapter. You may use a copy of this subchapter for your written
discipline and guidance policy.
    (b) You must provide a copy of your written discipline and guidance policy to parents
and employees.
    (c) You must keep documentation showing that all parents and employees have
received a copy of your written discipline and guidance policy. You may do this as a part
of your operation policies or in a separate document.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter M, Naptime
TAC Section Number(s) §746.2909

Proposed Action
Minimum Standards for Child-Care Centers
Page 52 of 92

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendment is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendment implements HRC §42.042.

§746.2909. Must I arrange the napping equipment in a specific manner?
Napping equipment must:
    (1) - (4) (No change.)
    (5) Be arranged so the caregiver can adequately supervise [easily see] all children
in the group, as specified in §746.1205 of this title (relating to What does Licensing
mean by "supervise children at all times"?).

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter O, Get-Well Care Programs
TAC Section Number(s) §746.3103, §746.3107

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

  The amendments are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Minimum Standards for Child-Care Centers
Page 53 of 92

Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendments implement HRC §42.042.

§746.3103. Which children may be included in the get-well care program?
Get-well care includes care for children who are too sick to attend well-child day care
according to the exclusions in Subchapter R, Division 3 of this chapter (relating to
Illness and Injury), but who do not exhibit any of the excludable diseases defined by the
Texas Department of State Health Services (DSHS) [(TDH)] in 25 TAC §97.7 (relating
to Diseases Requiring Exclusion from [Child-Care Facilities and] Schools).

§746.3107. When must I remove a child from my get-well care program?
You must remove a child from your get-well care program immediately when the child's
condition meets one of the excludable diseases or symptoms specified by DSHS [TDH].
The child may return to your regular child-care program when you have obtained a
doctor's statement that he no longer has the excludable condition, or when the child is
free of symptoms for 24 hours.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter P, Nighttime Care
TAC Section Number(s) §746.3205

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendment is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Minimum Standards for Child-Care Centers
Page 54 of 92

Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendment implements HRC §42.042.

§746.3205. Must caregivers stay awake while supervising children during nighttime
care?
Yes. Caregivers supervising children during nighttime care must be awake and
supervising the children at all times, as specified in §746.1205 of this title (relating to
What does Licensing mean by "supervise children at all times"?). [The caregiver
must be on the same floor as the sleeping children.]

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                    .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter Q, Nutrition and Food Service
TAC Section Number(s) §§746.3301, 746.3303, 746.3305, 746.3315, 746.3316

Proposed Action

X      Amendment
X      New

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendments and new section are proposed under Human Resources Code
(HRC) §40.0505 and Government Code §531.0055, which provide that the Health and
Human Services Executive Commissioner shall adopt rules for the operation and provision
of services by the health and human services agencies, including the Department of
Family and Protective Services; and HRC §40.021, which provides that the Family and
Protective Services Council shall study and make recommendations to the Executive
Commissioner and the Commissioner regarding rules governing the delivery of services to
persons who are served or regulated by the department.

    The amendments and new section implement HRC §42.042.

§746.3301. What are the basic requirements for snack and mealtimes?
Minimum Standards for Child-Care Centers
Page 55 of 92

    (a) You must serve all children ready for table food regular meals and morning and
afternoon snacks as specified in this subchapter.
        (1) - (2) (No change.)
        (3) If your child-care center is participating in the Child and Adult Care Food
Program (CACFP) administered by the Texas Department of Agriculture [Human
Services], you may elect to meet those requirements rather than those specified in this
subsection.
    (b) You must ensure a supply of drinking water is always available to each child and
is served at every snack, mealtime, and after active play in a safe and sanitary
manner.
    (c) You must not serve beverages with added sugars, such as carbonated
beverages, fruit punch, or sweetened milk.
    (d) [(c)] You must not use food as a reward or punishment.

§746.3303. How often must I feed children in my care?
   (a) - (d) (No change.)
   (e) If your child-care center is participating in the Child and Adult Care Food
Program administered by the Texas Department of Agriculture [Human Services], you
may elect to meet those requirements rather than those specified in this section.

§746.3305. How do I know what a child's daily food needs are?
    (a) The daily food needs for children 12 months through two years [23 months] are
included in the following chart:

                     Number Of Servings     Number Of Servings
   Food Groups        To Meet 1/3 Daily      To Meet 1/2 Daily         Serving Size
                          Needs                  Needs
                                                                  4 oz. Milk or
       MILK                1 and 1/3                 2            1/2 oz. Cheese or
                                                                  4 oz. Yogurt
                                                                  1/2 to 1 oz. Cooked
   MEAT/ MEAT                  1                  1 and 1/2       lean meat or
  ALTERNATIVE                                                     1/2 to 1 Egg or
                                                                  1/4 c. [1/2 c.] cooked
                                                                  beans
                                                                  2 to 3 Tb. Cooked
                                                                  vegetables or
                                                                  2 to 3 Tb. Canned fruit
VEGETABLES AND            1 and 1/3 +               2+            or
    FRUIT                                                         1/4 [to 1/2] Small fresh
                                                                  fruit or
                                                                  1/4 [to 1/2] c. Juice
                                                                  1/2 Slice Bread or
     WHOLE                                                        1/4 [to 1/2] c. Cooked
     GRAINS               1 and 1/3 +               2+            Cereal or
                                                                  1/4 c. [4 oz. to 1/3 c.]
                                                                  Pasta or Rice or
                                                                  1 or 2 Crackers
Minimum Standards for Child-Care Centers
Page 56 of 92


    (b) The daily food needs for children three [two] years through five years are
included in the following chart:

                        Number Of Servings        Number Of Servings
   Food Groups           To Meet 1/3 Daily         To Meet 1/2 Daily            Serving Size
                           Requirement               Requirement
                                                                           3/4 c. [1 c.] 1% Milk or
        MILK              2/3 Of One Serving                 1              1 1/2 oz. [2 oz.]
                                                                           Cheese or
                                                                           3/4 c. [1 c.] Yogurt
                                                                           1 1/2 oz. [2 & 1/2 oz.]
    MEAT/ MEAT            2/3 Of One Serving                 1             Cooked lean meat or
   ALTERNATIVE                                                             3/4 [1] Egg or
                                                                           1/4 c. [1/2 c.] Cooked
                                                                           beans
                                                                           1/2 c. Raw or cooked
                                                                           vegetable or
    VEGETABLE                      1                    1 and 1/2          1/2 [1] c. Raw leafy
                                                                           vegetable
                                                                           1/2 c. Canned or
                                                                           chopped fruit or
                                                                           1 Piece fruit or melon
       FRUIT              2/3 Of One Serving                 1             wedge or
                                                                           [1/4 c. Dried fruit or]
                                                                           1/2 c. [3/4 c.] Juice
                                                                           1/2 [1] Slice Bread or
                                                                           1/4 c. [1/2 c.] Cooked
                                                                           cereal
      WHOLE                                                                1/2 oz. [1 oz.] Ready
      GRAINS                       2                         3             to eat cereal or
                                                                           1/4 c. [1/2 c.] Cooked
                                                                           pasta or rice or
                                                                           3 to 5 Crackers

   (c) The daily food needs for children six years and older are included in the following chart:

                        Number Of Servings        Number Of Servings
   Food Groups           To Meet 1/3 Daily         To Meet 1/2 Daily            Serving size
                           Requirement               Requirement
                                                                           1c. 1% Milk or
                                                                           1& 1/2 oz. Natural
        MILK                    2/3 to 1              1 to 1 and 1/2       cheese or
                                                                           [2 oz. Processed
                                                                           cheese or]
                                                                           1 c. Yogurt
                                                                           2 oz. [3 oz.] Cooked
                                                                           lean meat, poultry, or
    MEAT/ MEAT                  2/3 to 1                     1             fish or
   ALTERNATIVE                                                             1/2 c. Cooked beans
Minimum Standards for Child-Care Centers
Page 57 of 92

                                                                     or
                                                                     1/2 c. Tofu or
                                                                     2 Tb. Peanut butter
                                                                     1/2 c. Raw or cooked
                                                                     vegetables or
   VEGETABLES             1 to 1 and 2/3                2            1/2 c. [1 c.] Raw leafy
                                                                     vegetable
                                                                     1/2 c. Canned or
                                                                     chopped fruit or
       FRUIT              2/3 to 1 and 1/3            1 to 2         1 medium piece fruit
                                                                     or
                                                                     [1/4 c. Dried fruit or]
                                                                     3/4 c. Juice
                                                                     1 slice bread or
                                                                     1/2 c. Cooked cereal
                                                                     or
      WHOLE                                                          3/4 oz. [1 oz.] Ready
      GRAINS              2 to 3 and 2/3              3 to 5+        to eat cereal or
                                                                     1/2 c. Cooked pasta
                                                                     or rice or
                                                                     4-6 crackers

    (d) (No change.)
    (e) If your child-care center is participating in the Child and Adult Care Food
Program (CACFP) administered by the Texas Department of Agriculture [Human
Services (DHS)], you may elect to meet those requirements rather than those specified
in this section.

§746.3315. May I serve powdered milk [and vegetable or fruit juices]?
Yes, you may serve powdered milk [and vegetable or fruit juices] if you[:] mix the
    [(1) Mix] powdered milk according to label directions, and prepare, store, and serve
the milk in a safe and sanitary manner. [; and]
    [(2) Serve 100% fruit or vegetable juice when it is used to meet a serving from the
fruit or vegetable group.]

§746.3316. May I serve fruit or vegetable juices?
Yes, you may serve fruit or vegetable juices if you:
   (1) Serve only 100% fruit or vegetable juice;
   (2) Only serve to children ages 12 months and older; and
   (3) Only serve up to four ounces for children ages 12 months through five years of
age and six ounces for children ages six and older per day when using towards daily
food needs.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

   Issued in Austin, Texas, on                    .
Minimum Standards for Child-Care Centers
Page 58 of 92

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter R, Health Practices
Division 1, Environmental Health
TAC Section Number(s) §§746.3401, 746.3403, 746.3405, 746.3409, 746.3411,
746.3427

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendments are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendments implement HRC §42.042.

§746.3401. Must my child-care center have an annual sanitation inspection?
     (a) Your child-care center must have a sanitation inspection before we issue your
initial permit and at least once every 12 months, unless your child-care center is
located in a public school facility operated by the local independent school district
[building that a local or state sanitation official has approved for public school use].
     (b) If an inspection is required, a [A] state or local sanitation official must conduct
the inspection. If an inspection is not available, you must provide documentation of this
from a state or local sanitation official or county judge.

§746.3403. How do I document that a sanitation inspection has been completed?
If required, you [You] must keep a copy of the most recent sanitation report, letter, or
checklist at the child-care center during hours of operation to verify the inspection date
and findings. The report must include the name and telephone number of the inspector.

§746.3405. Do I have to make corrections called for in the report?
If required, you [You] must comply with corrections, restrictions, or conditions specified
by the inspector in the sanitation report, letter, or checklist.

§746.3409. What does Licensing mean when it refers to "sanitizing"?
Minimum Standards for Child-Care Centers
Page 59 of 92

Sanitizing requires a four-step process. For the sanitizing process to be effective, you
must follow these steps in order:
   (1) - (2) (No change.)
   (3) Soaking in or spraying on a disinfecting solution (at least two [10] minutes).
Rinsing with cool water only those items that children are likely to place in their mouths;
and
   (4) (No change.)

§746.3411. What is a disinfecting solution?
A disinfecting solution may be:
   (1) (No change.)
   (2) A commercial product that is registered with [meets] the Environmental
Protection Agency (EPA) as an antimicrobial product and includes directions for
use in a hospital as a disinfectant. [Agency's (EPA's) standards for "hospital grade"
germicides (solutions that kill germs) that you] You must use the product according to
label directions. Commercial products must not be toxic on surfaces likely to be
mouthed by children, like crib rails and toys.

§746.3427. Must I use a licensed exterminator to treat my child-care center for insects,
rodents, and other pests?
You may treat your center for pests only if you are certified as a noncommercial
applicator by the Texas Department of Agriculture [Structural Pest Control Board].
Otherwise, you must use a pest control operator licensed by the [Texas Structural Pest
Control Board or the] Texas Department of Agriculture to prevent, control, or eliminate
pest infestations at your child-care center, including the use of over-the-counter
products designed for controlling insects, rodents, and other pests.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                    .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter R, Health Practices
Division 2, Diaper Changing
TAC Section Number(s) §746.3503, §746.3505

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication
Minimum Standards for Child-Care Centers
Page 60 of 92


    The amendments are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

   The amendments implement HRC §42.042.

§746.3503. What equipment must I have for diaper changing?
   (a) - (b) (No change.)
   (c) To prevent a child from falling, a diaper-changing surface that is above the
floor level: [A diaper-changing surface that is above the floor level must have a safety
mechanism that prevents the child from falling from the surface and that is used at all
times when a child is on the surface.]
       (1) Must have a safety mechanism (such as safety straps or raised sides)
that is used at all times when the child is on the surface; or
       (2) The caregiver's hand must remain on the child at all times when the
child is on the surface.
   (d) (No change.)

§746.3505. What must I do to prevent the spread of germs when diapering children?
    (a) (No change.)
    (b) You must wash the infant's hands or see that the child's hands are washed after
each diaper change. See §746.3421 of this title (relating to How must I wash an
infant's hands?).
    (c) - (d) (No change.)
    (e) You must sanitize the diaper-changing surface after each use. [Refer to
§746.3409 of this title (relating to What does Licensing mean when it refers to
"sanitizing"?).] However, if you are changing diapers on a number of children
consecutively, you may cover the surface with a non-absorbent paper liner that is
disposed of between each diaper change. [or wipe the surface dry after approximately 2
minutes of contact with the sanitizing solution. When the diaper changing session is
completed, follow the procedures outlined in §746.3409 of this title.]
    (f) (No change.)

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

   Issued in Austin, Texas, on                    .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Minimum Standards for Child-Care Centers
Page 61 of 92

Subchapter R, Health Practices
Division 3, Illness and Injury
TAC Section Number(s) §746.3601, §746.3603

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendments are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendments implement HRC §42.042.

§746.3601. What type of illness would prohibit a child from being admitted for care?
Unless you are licensed to provide get-well care, you must not admit an ill child for care
if one or more of the following exists:
    (1) - (2) (No change.)
    (3) The child has one of the following, unless medical evaluation by a health-care
professional indicates that you can include the child in the child-care center's activities:
        (A) Oral temperature above 101 [of 100.4] degrees and [or greater,]
accompanied by behavior changes or other signs or symptoms of illness;
        (B) Rectal temperature above 102 [of 101.4] degrees and [or greater,]
accompanied by behavior changes or other signs or symptoms of illness;
        (C) Armpit temperature above 100 [of 99.4] degrees and [or greater,]
accompanied by behavior changes or other signs or symptoms of illness; or
        (D) (No change.)
    (4) (No change.)

§746.3603. What communicable diseases would exclude a child from attending my
child-care center?
You must follow the communicable disease exclusions required for schools as
[Communicable diseases that exclude a child from care, including a get-well care
program, are] defined by the Texas Department of State Health Services (DSHS)
[(TDH)] in 25 TAC §97.7 (relating to Diseases Requiring Exclusion from [Child-Care
Facilities and] Schools). You can access this information from DSHS [the Texas
Minimum Standards for Child-Care Centers
Page 62 of 92

Department of Health] or Licensing staff.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter S, Safety Practices
Division 1, Safety Precautions
TAC Section Number(s) §746.3705

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendment is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendment implements HRC §42.042.

§746.3705. Am I required to have a video or audio monitoring system?
Although permissible, [No,] you are not required to have a video or audio monitoring
system. [, although you must ensure that:]
   [(1) Caregivers are able to observe children at all times; and]
   [(2) Another adult can observe caregivers who are with children at all times.]

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Minimum Standards for Child-Care Centers
Page 63 of 92

Subchapter S, Safety Practices
Division 2, Medication
TAC Section Number(s) §746.3801

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendment is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendment implements HRC §42.042.

§746.3801. May I administer medication to children at my child-care center?
Yes, but you must ensure the following:
    (1) Parents [must] sign an authorization form and include the times [for] child-care
center employees are to administer each medication according to label directions;
    (2) The medication is [must be] in the original container labeled with the child's full
name and the date brought to the child-care center;
    (3) Medication is administered [You must administer the medication] in amounts
according to the label directions or as amended by a physician;
    (4) Medication is administered [You must administer the medication] only to the
child for whom it is intended; and
    (5) Medication is not administered [You must not administer the medication] after
its expiration date.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                     .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter S, Safety Practices
Division 3, Animals at the Child-Care Center
Minimum Standards for Child-Care Centers
Page 64 of 92

TAC Section Number(s) §746.3903, §746.3905

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendments are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendments implement HRC §42.042.

§746.3903. Must I keep documentation of vaccinations on file for the animals?
     (a) Yes. You must have documentation at your child-care center showing dogs and
[,] cats[, and ferrets] have been vaccinated as required by Texas Health and Safety
Code, Chapter 826.
     (b) (No change.)

§746.3905. Must I prevent children from having contact with certain animals while at my
child-care center?
    (a) - (b) (No change.)
    (c) You must not allow children to play with animals unfamiliar to you or other
animals that could be dangerous, including exotic animals such as [lions,] monkeys[,
and tigers].

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter S, Safety Practices
Division 4, First-Aid Kits
TAC Section Number(s) §746.4003
Minimum Standards for Child-Care Centers
Page 65 of 92

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendment is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendment implements HRC §42.042.

§746.4003. What items must each first-aid kit contain?
   (a) Each first-aid kit must contain the following supplies:
       (1) - (7) (No change.)
       (8) Thermometer, preferably non-glass;
       (9) - (10) (No change.)
   (b) (No change.)

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                     .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter T, Physical Facilities
Division 1, Indoor Space Requirements
TAC Section Number(s) §746.4213, §746.4215

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication
Minimum Standards for Child-Care Centers
Page 66 of 92


    The amendments are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

   The amendments implement HRC §42.042.

§746.4213. How does Licensing determine the indoor activity space?
    (a) We determine indoor activity space by:
        (1) - (2) (No change.)
        (3) Excluding single-use areas. See §746.105(43) [§746.105(42)] of this title
(relating to What do certain words and terms mean when used in this chapter?) for more
information on single-use areas; and
        (4) (No change.)
    (b) (No change.)

§746.4215. May other programs use my [licensed] indoor activity space at the same
time I have children in care?
   (a) You may share the indoor activity space that is not classroom space with
other programs at the same time you have children in care, if you have a written
plan specifying how caregivers will supervise and account for children in your
care. The plan must address the following:
       (1) The ages of the children;
       (2) The proximity of restroom facilities and the operation entrances and
exits to the children's area; and
       (3) The nature of other activities and persons who may be sharing the
space.
   (b) You must follow your written plan and submit a copy to Licensing upon
request. [No. You must not share the indoor licensed activity space with other
programs at the same time you have children in care.]

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

   Issued in Austin, Texas, on                    .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter T, Physical Facilities
Division 2, Outdoor Space Requirements
TAC Section Number(s) §746.4315
Minimum Standards for Child-Care Centers
Page 67 of 92


Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendment is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendment implements HRC §42.042.

§746.4315. May other programs use my [licensed] outdoor activity space at the same
time I have children in care?
   (a) You may share the outdoor activity space with other programs at the same
time you have children in care, if you have a written plan specifying how
caregivers will supervise and account for children in your care. The plan must
address the following:
       (1) The ages of the children;
       (2) The proximity of restroom facilities and the operation entrances and
exits to the children's area; and
       (3) The nature of other activities and persons who may be sharing the
space.
   (b) You must follow your written plan and submit a copy to Licensing upon
request. [No. You must not share the licensed outdoor activity space with other
programs at the same time you have children in care.]

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter T, Physical Facilities
Division 3, Toilets and Sinks
TAC Section Number(s) §746.4423
Minimum Standards for Child-Care Centers
Page 68 of 92


Proposed Action

X      New

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The new section is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The new section implements HRC §42.042.

§746.4423. May other programs use the toilets and hand washing sinks counted in my
indoor activity space at the same time I have children in care?
    (a) Yes. You may share the toilets and hand washing sinks counted in your indoor
activity space with other programs at the same time you have children in care, provided
you:
        (1) Ensure adequate facilities are available to children when needed; and
        (2) Have a written plan specifying how caregivers will supervise and account for
children in your care, that address:
            (A) The ages of the children;
            (B) The proximity of restroom facilities, and the center's entrances and exits to
the children's area; and
            (C) The nature of other activities and persons who may be sharing the toilets
and hand washing sinks.
    (b) You must follow the plan and submit a copy of Licensing upon request.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                     .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter T, Physical Facilities
Division 4, Furniture and Equipment
TAC Section Number(s) §746.4509
Minimum Standards for Child-Care Centers
Page 69 of 92


Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendment is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendment implements HRC §42.042.

§746.4509. May I have indoor [equipment such as slides or] lofts?
    (a) Yes, as long as the lofts are designed and used as an extension of the
classroom and you comply with the following safety standards: [. You may have
indoor climbing equipment although you must comply with the following safety
standards:]
        (1) Caregivers must be able to adequately supervise children at all times;
[Floor surfaces under indoor-climbing equipment and platforms over 20 inches in height
must have a unitary shock-absorbing surface that will effectively cushion the fall of a
child. The surface must be installed in the use zone and maintained according to the
manufacturer's directions. See §746.4801 of this title (relating to What does Licensing
mean by the term "use zone"?). Carpeting alone, even if it is installed over thick
padding, is not an acceptable resilient surface under indoor climbing equipment.]
        (2) Stairs and steps [on indoor climbing equipment], regardless of height, must
have handrails the children can reach. Rung ladders do not require handrails; and [.]
        (3) Platforms over 20 inches in height must be equipped with protective barriers
that prevent children from crawling over or falling through the barrier, or becoming
entrapped.
    (b) If lofts are used as indoor active play space or equipment, they must
comply with minimum standards specified in Subchapter U of this chapter
(relating to Indoor and Outdoor Active Play Space and Equipment).

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .
Minimum Standards for Child-Care Centers
Page 70 of 92


Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter T, Physical Facilities
Division 4, Furniture and Equipment
TAC Section Number(s) §746.4511

Proposed Action

X      Repeal

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The repeal is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The repeal implements HRC §42.042.

§746.4511. If my child-care center was licensed before September 1, 2003, will I be
given an opportunity to comply?

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter U, Indoor and Outdoor Active Play Space and Equipment [Outdoor
Safety and Play Equipment]
Division 1, Minimum Safety Requirements
TAC Section Number(s) §§746.4601, 746.4603, 746.4605, 746.4607, 746.4609

Proposed Action

X      Amendment
X      New
Minimum Standards for Child-Care Centers
Page 71 of 92


Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendments and new sections are proposed under Human Resources Code
(HRC) §40.0505 and Government Code §531.0055, which provide that the Health and
Human Services Executive Commissioner shall adopt rules for the operation and provision
of services by the health and human services agencies, including the Department of
Family and Protective Services; and HRC §40.021, which provides that the Family and
Protective Services Council shall study and make recommendations to the Executive
Commissioner and the Commissioner regarding rules governing the delivery of services to
persons who are served or regulated by the department.

    The amendments and new sections implement HRC §42.042.

§746.4601. What minimum safety requirements must my active play [outdoor]
equipment meet?
Indoor and outdoor active play [Outdoor] equipment [and supplies] used both at and
away from the child-care center must be safe for the children as follows:
    (1) The indoor and outdoor active play equipment [outdoor activity space] must
be arranged so that caregivers can adequately supervise children at all times;
    (2) - (7) (No change.)
    (8) Climbing equipment, [or] swings, or inflatables must not be installed over
asphalt or concrete unless the asphalt or concrete is covered with properly installed
unitary surfacing materials as specified in §746.4909 of this title (relating to What are
unitary surfacing materials?) and §746.4911 of this title (relating to How should unitary
surfacing materials be installed?); [and]
    (9) Porches [Outdoor porches] or platforms more than 20 inches in height for pre-
kindergarten and younger children, and more than 30 inches in height for school-age
children, must be equipped with protective barriers that surround the elevated surface
except for entrances and exits and that prevent children from crawling over or through
the barrier;
    (10) Stairs and steps on climbing equipment, regardless of height, must have
handrails the children can reach. Rung ladders do not require handrails; and
    (11) If you are licensed to provide care for children in a public school facility
operated by the local independent school district, you must inform parents in
writing at the time they enroll their child if the active play space or equipment you
plan to use at the public school facility does not meet Licensing standards
specified in this subchapter. Otherwise, children must not be allowed to use
space or equipment that does not meet Licensing standards.

§746.4603. Are there some types of equipment that children must not use?
Yes. Children must not use the following types of equipment at or away from the child-
care center:
Minimum Standards for Child-Care Centers
Page 72 of 92

   (1) Heavy [Animal figure] swings made of metal or that have metal components,
such as animal figure swings;
   (2) - (3) (No change.)
   [(4) Bounce houses used by more than one child at a time; or]
   (4) [(5)] Swinging exercise rings and trapeze bars on long chains or free swinging
ropes; [, rope swings, and multiple]
   (5) Multiple occupancy swings, such as teeter-totters, gliders, or chair swings (other
than tire swings); or
   (6) Swinging gates and giant strides.

§746.4605. Are there additional equipment restrictions for children younger than five
years of age [ages two through five years]?
   (a) Yes. Children younger than five years of age [ages two through five years]
must not be allowed to use the following pieces of equipment at or away from the child-
care center:
       [(1) Chain or cable walks;]
       (1) [(2)] Free standing arch climbers;
       (2) [(3)] Free standing climbing pieces with flexible parts;
       (3) [(4)] Fulcrum seesaws;
       (4) [(5)] Log rolls;
       (5) [(6)] Spiral slides with more than one 360 degree turn; or
       [(7) Over-head rings;]
       [(8) Parallel bars;]
       [(9) Swinging gates;]
       (6) [(10)] Track rides. [; or]
       (11) Vertical slide poles.]
   (b) In addition, children younger than four years of age must not be allowed to
use the following pieces of equipment at or away from the child-care center:
       (1) Chain or cable walks;
       (2) Horizontal ladders;
       (3) Vertical slide poles;
       (4) Over-head rings; or
       (5) Parallel bars.

§746.4607. What is the maximum height of the highest designated play surface
allowed?
    (a) The maximum height of the highest designated play surface on active play
equipment is based on the age of children who will be using the equipment.
    (b) The maximum height allowed is as follows:
        (1) 32 inches for equipment designed to be used by children under the age of two
years;
        (2) Five feet for equipment designed to be used by children younger than five; or
        (3) Seven feet for equipment designed to be used by children who are at least
five years of age.

§746.4609. Do the height requirements apply to my child-care center if it was licensed
Minimum Standards for Child-Care Centers
Page 73 of 92

before December 1, 2010?
   (a) If you were licensed after September 1, 2003, and before December 1, 2010, and
unless you meet one of the conditions specified in subsection (b) of this section the
maximum height of active play equipment allowed is:
       (1) Six feet for equipment designed to be used by children younger than five
years of age; or
       (2) Eight feet for equipment designed to be used by children ages five years and
older.
   (b) A child-care center licensed before December 1, 2010, must comply with the
equipment height requirements specified in this division if the center re-designs the
existing playground or adds new playground equipment. The permit holder must meet
equipment height requirements specified in this division as the changes are made. You
must submit a written plan for compliance to us upon request.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter U, Indoor and Outdoor Active Play Space and Equipment [Outdoor
Safety and Play Equipment]
Division 1, Minimum Safety Requirements
TAC Section Number(s) §746.4607, §746.4609

Proposed Action

X      Repeal

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The repeals are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The repeals implement HRC §42.042.
Minimum Standards for Child-Care Centers
Page 74 of 92

§746.4607. What special maintenance procedures must I follow for my playground?
§746.4609. If my child-care center is located in a public school facility, must I meet the
same safety requirements for outdoor play equipment?

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                    .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter U, Indoor and Outdoor Active Play Space and Equipment [Outdoor
Safety and Play Equipment]
Division 3, Maintenance [Playground Use Zones]
TAC Section Number(s) §746.4751

Proposed Action

X      New

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The new section is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The new section implements HRC §42.042.

§746.4751. What special maintenance procedures must I follow for my active play
space and equipment?
    (a) The child-care center director or designee must inspect the active play space and
equipment daily before children begin play to ensure there are no hazards present.
    (b) The child-care center director or designee must conduct at least monthly
inspections of the active play space and equipment, utilizing a general maintenance
checklist or safety checklist that includes checking the equipment and surfacing material
for normal wear and tear, broken or missing parts, debris or foreign objects, drainage
problems, or other hazards.
    (c) The child-care center director or designee must ensure hazards or defects
Minimum Standards for Child-Care Centers
Page 75 of 92

identified during inspections are removed or repaired promptly, and must arrange for
protection of the children or prohibit use of hazardous equipment until the hazards can
be removed or repairs can be made.
   (d) You must keep maintenance inspections and repair records at the child-care
center for review during the center's hours of operation for at least the previous three
months.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter U, Indoor and Outdoor Active Play Space and Equipment [Outdoor
Safety and Play Equipment]
Division 4 [3], [Playground] Use Zones
TAC Section Number(s) §746.4803, §746.4805

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendments are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendments implement HRC §42.042.

§746.4803. How do I measure the use zone for stationary equipment?
The use zone for stationary equipment, excluding slides and soft contained play
equipment, must extend a minimum of six feet in all directions from the perimeter of the
equipment. Use zones for stationary equipment must not overlap other use zones.

§746.4805. How do I measure the use zone for slides?
   (a) (No change.)
Minimum Standards for Child-Care Centers
Page 76 of 92

    (b) For slides six feet high or less, the use zone in front of the exit of a slide
must extend at least six feet.
    (c) [(b)] For slides greater than six feet high, the [The] use zone in front of the exit
of a slide must be equal to the distance from the slide platform to the protective
surfacing up to a maximum of eight feet [plus at least four feet (but not less than six
feet)].
    (d) [(c)] The use zone in front of the slide exit must not overlap the use zone of any
other equipment.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                     .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter U, Indoor and Outdoor Active Play Space and Equipment [Outdoor
Safety and Play Equipment]
Division 5 [4], [Playground] Surfacing
TAC Section Number(s) §§746.4901, 746.4907, 746.4908, 746.4915

Proposed Action

X      Amendment
X      New

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendments and new sections are proposed under Human Resources Code
(HRC) §40.0505 and Government Code §531.0055, which provide that the Health and
Human Services Executive Commissioner shall adopt rules for the operation and provision
of services by the health and human services agencies, including the Department of
Family and Protective Services; and HRC §40.021, which provides that the Family and
Protective Services Council shall study and make recommendations to the Executive
Commissioner and the Commissioner regarding rules governing the delivery of services to
persons who are served or regulated by the department.

    The amendments and new sections implement HRC §42.042.

§746.4901. What type of surfacing must I have under my active play [outdoor]
equipment?
   (a) (No change.)
   (b) The height of the highest designated play surface on the equipment will
Minimum Standards for Child-Care Centers
Page 77 of 92

determine the type and depth of loose materials or the attenuation rating (thickness) of
the unitary materials.

§746.4907. How should outdoor loose-fill surfacing materials be installed?
   (a) If you use loose-fill surfacing materials in your outdoor active play space, you
must install nine inches or more of uncompressed loose-fill material in the use
zones. [and maintain them according to the following chart:]
[
                                   Loose Fill Surfacing           Loose Fill Surfacing
                                         Materials                     Materials
                                  For Pre-kindergarten          For School-age children
                                          children
                               If the depth     If the depth     If the depth   If the depth
                                   of your          of your          of your        of your
                                 (loose-fill      (loose-fill      (loose-fill    (loose-fill
                                 material)        material)        material)      material)
                              is 6-8 inches is 9 inches         is 6-8 inches    is 9 inches
                                                   or more                         or more
                                   Then the height of the          Then the height of the
                              highest play surface cannot       highest play surface cannot
                              be more than (number) feet        be more than (number) feet
Wood chips                            6                6             7                 8
Random-sized chips often
from a wood chipper; must
remove sharp and/or large
pieces
Double shredded bark                6                6                6              7
mulch
Similar to mulch used for
shrubs and flower beds
Engineered wood fibers              6                6                6              6
Uniform sized shredded
wood fibers from
hardwoods; no leaves or
bark included
Fine sand                           5                5                5              5
Particles of white sand
purchased in bags marked
"play sand"
Fine gravel                         6                6                6              6
Particles are rounded and
less than 3/8 inch in
diameter
Minimum Standards for Child-Care Centers
Page 78 of 92

Medium gravel                       5             5            5                 5
Rounded particles such as
river washed or tumbled
stone.
Shredded tires                      6             6            8                 8
Obtain data from the
supplier showing the critical
height of the material and a
guarantee the material is
free from steel wires or
other contaminants.
]
    (b) - (d) (No change.)
    (e) Loose-fill surfacing materials must not be used indoors.

§746.4908. If my playground surfacing does not currently meet these requirements, will
I be given additional time to comply?
Yes. Child-care centers that were licensed before December 1, 2010, have five years
from December 1, 2010, to comply with the surfacing requirements specified in this
division.

§746.4915. What additional surfacing requirements must my indoor equipment meet?
Floor surfaces under indoor-climbing equipment and platforms over 20 inches in height
must have a unitary shock-absorbing surface that will effectively cushion the fall of a
child. The surface must be installed in the use zone and maintained according to the
manufacturer's directions. See §746.4801 of this title (relating to What does Licensing
mean by the term "use zone"?). Carpeting alone, even if it is installed over thick
padding, is not an acceptable resilient surface.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter U, Indoor and Outdoor Active Play Space and Equipment [Outdoor
Safety and Play Equipment]
Division 5 [4], [Playground] Surfacing
TAC Section Number(s) §746.4903

Proposed Action

X      Repeal

Proposed Date of Adoption:
Minimum Standards for Child-Care Centers
Page 79 of 92


X      Other (Specify)
       30 Days After Publication

    The repeal is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The repeal implements HRC §42.042.

§746.4903. If my playground surfacing does not currently meet these requirements, will
I be given additional time to comply?

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter U, Indoor and Outdoor Active Play Space and Equipment [Outdoor
Safety and Play Equipment]
Division 6, Soft Contained Play Equipment
TAC Section Number(s) §§746.4951, 746.4953, 746.4955

Proposed Action

X      New

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The new sections are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
Minimum Standards for Child-Care Centers
Page 80 of 92

and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

   The new sections implement HRC §42.042.

§746.4951. What is soft contained play equipment?
Soft contained play equipment is a play structure that:
    (1) Is fully enclosed with pliable material such as net, plastic, or fabric;
    (2) The user enters to access one or more play components; and
    (3) Allows caregivers to supervise children as specified in §746.1205 of this title
(relating to What does Licensing mean by "supervise children at all times"?).

§746.4953. Are there additional safety requirements for soft contained play equipment?
Yes, Soft contained play equipment (SCPE) must also:
    (1) Not have to-fro, bucket, or tire swings attached inside or outside of the structure;
    (2) Have no more than 24 inch difference in height between two connecting
platforms;
    (3) Have use zones as outlined in §746.4953 of this title (relating to How do I
measure the use zone for soft contained play equipment?) that are free of obstacles
and covered with unitary surfacing material;
    (4) Be installed, maintained and cleaned according to manufacturer's instructions;
and
    (5) Include closer supervision when in use by requiring at least one caregiver to be
positioned at each level of the play area.

§746.4955. How do I measure the use zone for soft contained play equipment?
    (a) The use zone for entrances and exits to the soft contained play equipment,
excluding slide exits, is a minimum of five feet from all portions of the entrance and exit
which are outside of the contained area of the equipment.
    (b) The use zone in front of slide exits must extend a minimum of five feet if the slide
run-out is 36 inches or greater. If the slide run-out is less than 36 inches, the use zone
at the end of the slide must be six feet. In addition, this use zone may not overlap with
any other use zones.
    (c) Entrances and exits that terminate inside of the soft contained play equipment
are exempt from use zone requirements.
    (d) External portions of the soft contained play equipment that contain no designated
play surfaces and serve only to enclose the equipment are exempt from use zone
requirements.
    (e) The critical height of resilient surfacing material must be equal to the highest
designated play surface outside of the contained area of the equipment or one foot,
which ever is greater.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

   Issued in Austin, Texas, on                      .
Minimum Standards for Child-Care Centers
Page 81 of 92


Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter U, Indoor and Outdoor Active Play Space and Equipment [Outdoor
Safety and Play Equipment]
Division 7, Inflatables
TAC Section Number(s) §746.4971

Proposed Action

X      New

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The new section is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The new section implements HRC §42.042.

§746.4971. May I use inflatable active play equipment?
Yes, you may use inflatable equipment both at and away from your child-care center as
long as it meets the following:
    (1) Enclosed inflatables (such as bounce houses or moon bounces) are used by one
child at a time;
    (2) Open inflatables (such as obstacle courses, slides, games) are used according
to the manufacturer's instructions; and
    (3) Inflatables that include water activity also comply with all applicable requirements
in Subchapter V of this title (relating to Swimming Pools and Wading/Splashing Pools).

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                     .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter V, Swimming Pools and Wading/Splashing Pools
Minimum Standards for Child-Care Centers
Page 82 of 92

TAC Section Number(s) §746.5003

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendment is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendment implements HRC §42.042.

§746.5003. How should the swimming pool be built and maintained?
Swimming pools used both at and away from the child-care center must be built and
maintained according to the standards of the Texas Department of State Health
Services for public pools and any other applicable state or local regulations.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter V, Swimming Pools and Wading/Splashing Pools
TAC Section Number(s) §746.5011

Proposed Action

X      Repeal

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication
Minimum Standards for Child-Care Centers
Page 83 of 92

    The repeal is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The repeal implements HRC §42.042.

§746.5011. If I do not have a fence around the pool at my child-care center before
September 1, 2003, will I have an opportunity to comply?

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter W, Fire Safety and Emergency Practices
Division 1, Fire Inspection
TAC Section Number(s) §§746.5101, 746.5103, 746.5105

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendments are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendments implement HRC §42.042.

§746.5101. Must my child-care center have an annual fire inspection?
Minimum Standards for Child-Care Centers
Page 84 of 92

    (a) Your child-care center must have a fire inspection before we issue your initial
permit and at least once every 12 months, unless your child-care center is located in a
public school facility operated by the local independent school district [building that
the state or local fire marshal has approved for public school use].
    (b) If an inspection is required, a [A] state or local fire marshal must conduct the
inspection. If an inspection is not available, you must provide documentation of this from
a state or local fire marshal or county judge.

§746.5103. How do I document that a fire inspection has been completed?
If required, you [You] must keep a copy of the most recent fire-inspection report, letter,
or checklist at the child-care center during hours of operation to verify the inspection
date and findings. The report must include the name and telephone number of the
inspector.

§746.5105. Must I make all corrections specified in the fire-inspection report?
Yes, if required, you[. You] must comply with all corrections, restrictions, or conditions
specified by the inspector in the fire inspection report, letter, or checklist.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                    .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter W, Fire Safety and Emergency Practices
Division 2, Emergency Preparedness [Evacuation and Relocation]
TAC Section Number(s) §746.5201, §746.5203

Proposed Action

X      Repeal

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The repeals are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.
Minimum Standards for Child-Care Centers
Page 85 of 92


    The repeals implement HRC §42.042.

§746.5201. What is an emergency evacuation and relocation plan?
§746.5203. What steps must my emergency evacuation and relocation plan include?

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter W, Fire Safety and Emergency Practices
Division 2, Emergency Preparedness [Evacuation and Relocation]
TAC Section Number(s) §§746.5201-746.5205

Proposed Action

X      New
       Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The new sections and amendment are proposed under Human Resources Code
(HRC) §40.0505 and Government Code §531.0055, which provide that the Health and
Human Services Executive Commissioner shall adopt rules for the operation and provision
of services by the health and human services agencies, including the Department of
Family and Protective Services; and HRC §40.021, which provides that the Family and
Protective Services Council shall study and make recommendations to the Executive
Commissioner and the Commissioner regarding rules governing the delivery of services to
persons who are served or regulated by the department.

    The new sections and amendment implement HRC §42.042.

§746.5201. What is an emergency preparedness plan?
An emergency preparedness plan is designed to ensure the safety of children during an
emergency by addressing staff responsibility and facility readiness with respect to
emergency evacuation and relocation. The plan addresses the types of emergencies
most likely to occur in your area including but not limited to natural events such as
tornadoes, floods or hurricanes, health events such as medical emergencies,
communicable disease outbreak, and human-caused events such as intruder with
weapon, explosion, or chemical spill.
Minimum Standards for Child-Care Centers
Page 86 of 92


§746.5202. What must my emergency preparedness plan include?
 Your emergency preparedness plan must include written procedures for:
    (1) Evacuation, including:
         (A) That in an emergency, the first responsibility of staff is to move the children to
a designated safe area or alternate shelter known to all employees, caregivers, and
volunteers;
         (B) How children will be relocated to the designated safe area or alternate
shelter;
         (C) An emergency evacuation and relocation diagram as outlined in §746.5207 of
this title (relating to Must I have an emergency evacuation and relocation diagram?);
         (D) Name and address of the alternate shelter away from the center you will use
as needed; and
         (E) How children in attendance at the time of the emergency will be accounted
for at the designated safe area or alternate shelter.
    (2) Communication, including:
         (A) The emergency telephone number that is on file with us;
         (B) How you will communicate with local authorities (such as fire, law
enforcement, emergency medical services, health department), parents and us; and
    (3) How your staff will evacuate with the essential documentation including:
         (A) Parent and emergency contact telephone numbers for each child in care;
         (B) Authorization for emergency care for each child in care; and
         (C) The child tracking system information for children in care.

§746.5203. With whom must I share this plan?
    (a) You must share the emergency preparedness plan with employees during
orientation as outlined in §746.1303 of this title (relating to What should orientation to
my child-care center include?).
    (b) Parents must be generally informed of your emergency procedures; and upon
request, the emergency preparedness plan must be available for review by parents.

§746.5204. Who must coordinate the implementation of an emergency preparedness
plan?
   (a) The director is responsible for implementing the emergency preparedness plan.
   (b) The director may also designate additional employees to be in charge during an
emergency evacuation and relocation that occurs when the director is not at the
operation.

§746.5205. Must [How often should] I practice my emergency preparedness plans
[evacuation and relocation plans]?
   Yes, the following components of your center's emergency preparedness
plans must be practiced as specified below:
       (1) [(a)] You must practice a fire drill every month. The children must be able to
safely exit the building within three minutes; [.]
       (2) [(b)] You must practice a severe weather drill at least once every three [six]
months; and [.]
Minimum Standards for Child-Care Centers
Page 87 of 92

         (3) [(c)] You must document these drills, including the date of the drill, time of the
drill, and length of time for the evacuation or relocation to take place.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                      .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter W, Fire Safety and Emergency Practices
Division 3, Fire Extinguishing and Smoke Detection Systems
TAC Section Number(s) §746.5301, §746.5311

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendments are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendments implement HRC §42.042.

§746.5301. Must my child-care center have a fire-extinguishing system?
[Yes.] Your child-care center must have a fire-extinguishing system. This may be a
sprinkler system and/or fire extinguishers. If your center is located in a public school
facility operated by the local independent school district, the fire-extinguishing
system utilized by the school complies with this standard.

§746.5311. Must my child-care center have a smoke-detection system?
   (a) [Yes.] Your child-care center must have a working smoke-detection system. This
may be an electronic alarm and smoke-detection system, or individual electric or
battery-operated smoke detectors located in each room used by children, or both.
   (b) If your center is located in a public school operated by the local
independent school district, the smoke detection system utilized by the school
Minimum Standards for Child-Care Centers
Page 88 of 92

complies with this standard.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter W, Fire Safety and Emergency Practices
Division 4, Gas and Propane Tanks
TAC Section Number(s) §746.5401

Proposed Action

X      Amendment

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The amendment is proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The amendment implements HRC §42.042.

§746.5401. Must my child-care center be inspected for gas leaks?
If your child-care center uses natural or liquid propane (LP) gas, your child-care center
must be inspected for gas leaks before we issue your initial permit, and once every two
years after your permit is issued, unless your child-care center is located in a public
school building operated by the local independent school district [that the state or
local fire marshal has approved for public school use].

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Minimum Standards for Child-Care Centers
Page 89 of 92

Chapter 746, Minimum Standards for Child-Care Centers
Subchapter X, Transportation
TAC Section Number(s) §746.5603, §746.5607

Proposed Action

X      Repeal

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication

    The repeals are proposed under Human Resources Code (HRC) §40.0505 and
Government Code §531.0055, which provide that the Health and Human Services
Executive Commissioner shall adopt rules for the operation and provision of services by
the health and human services agencies, including the Department of Family and
Protective Services; and HRC §40.021, which provides that the Family and Protective
Services Council shall study and make recommendations to the Executive Commissioner
and the Commissioner regarding rules governing the delivery of services to persons who
are served or regulated by the department.

    The repeals implement HRC §42.042 and Transportation Code §545.412.

§746.5603. What type of vehicle may I use to transport children?
§746.5607. What safety seat system must I use when I transport children?

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

    Issued in Austin, Texas, on                   .

Title 40, Social Services & Assistance, Part 19, Dept. of Family and Protective Services
Chapter 746, Minimum Standards for Child-Care Centers
Subchapter X, Transportation
TAC Section Number(s) §§746.5603, 746.5605, 746.5607, 746.5609

Proposed Action

X      Amendment
X      New

Proposed Date of Adoption:

X      Other (Specify)
       30 Days After Publication
Minimum Standards for Child-Care Centers
Page 90 of 92


    The amendments and new sections are proposed under Human Resources Code
(HRC) §40.0505 and Government Code §531.0055, which provide that the Health and
Human Services Executive Commissioner shall adopt rules for the operation and provision
of services by the health and human services agencies, including the Department of
Family and Protective Services; and HRC §40.021, which provides that the Family and
Protective Services Council shall study and make recommendations to the Executive
Commissioner and the Commissioner regarding rules governing the delivery of services to
persons who are served or regulated by the department.

   The amendments and new sections implement HRC §42.042 and Transportation Code
§545.412.

§746.5603. What type of vehicle may I use to transport children?
   (a) We do not regulate the type of vehicle you use to transport children, although we
recommend that you check with the Texas Department of Motor Vehicles or refer to the
federal motor vehicle safety standards regulating transportation to and from school and
your operation.
   (b) For the purpose of this chapter, we categorize vehicle types as:
       (1) General purpose vehicle--a passenger vehicles as defined in the Texas
Transportation Code §545.412, and buses that do not meet the federal motor vehicle
safety standards for school buses or multi-function school activity buses (MFSAB);
       (2) Small school bus--school buses and MFSABs that meet federal motor vehicle
safety standards for school buses and MFSABs respectively and have a gross vehicle
weight rating (GVWR) of 10,000 pounds or less; and
       (3) Large school bus--school buses and MFSABs that meet federal motor vehicle
safety standards for school buses and MFSABs respectively and have a GVWR of
greater than 10,000 pounds.
   (c) All vehicles must be maintained in safe operating condition at all times.

§746.5605. What safety precautions must I take when loading and unloading children
from the vehicle?
You must take the following precautions when loading and unloading children from any
vehicle, including any type of bus [a bus with a gross vehicular weight rating (GVWR)
of 10,000 pounds or more]:
    (1) - (4) (No change.)

§746.5607. What child safety restraint system must I use when I transport children?
   (a) You must secure each child in an infant safety seat, rear-facing convertible child
safety seat, forward-facing child safety seat, child booster seat, safety vest, harness, or
a safety belt, as appropriate to the child's age, height, and weight according to
manufacturer's instructions for all vehicles specified in subsection (d) of this section,
unless otherwise noted in this subchapter.
   (b) All child passenger safety restraint systems must meet federal standards for
crash-tested restraint systems as set by the National Highway Traffic Safety
Administration, and must be properly secured in the vehicle according to manufacturer's
Minimum Standards for Child-Care Centers
Page 91 of 92

instructions.
    (c) A child 12 years old or younger must not ride in the front seat of a vehicle.
    (d) The following safety restraint devices for a child must be used when the vehicle
is on and during all times when the vehicle is in motion:

If the child is…            Being transported in this    Then the child must be
                            type of vehicle as           secured in…
                            specified in
                            §746.5603(b) of this title
                            (relating to What type of
                            vehicle may I use to
                            transport children?)…
(1) Younger than 12         All vehicles                 An infant only rear-
months and weighs 20                                     facing child safety seat
pounds or less                                           or rear-facing convertible
                                                         child safety seat
                                                         according to
                                                         manufacturer's
                                                         instructions;
(2) Younger than 12         All vehicles                 An infant only rear-
months and weighs                                        facing child safety seat
more than 20 pounds                                      or rear-facing convertible
                                                         child safety seat
                                                         according to
                                                         manufacturer's
                                                         instructions;
(3) 12 months through       All vehicles                 A rear-facing or forward-
three years of age and                                   facing child safety seat,
weighs more than 20                                      safety vest or harness
pounds                                                   according to the
                                                         manufacturer's
                                                         instructions;
(4) Four years of age       (A) General purpose          A forward-facing child
and weighs 40 pounds        vehicle and small school     safety seat, safety vest
or less                     bus                          or harness according to
                                                         the manufacturer's
                                                         instructions;
                            (B) Large school bus         A safety restraint system
                                                         according to vehicle
                                                         manufacturer's
                                                         instruction;
(5) Four years of age,      (A) General purpose          A forward-facing child
weighs more than 40         vehicle                      safety seat, booster
pounds, and is less than                                 seat, safety vest or
four feet, nine inches in                                harness according to the
height; or                                               manufacturer's
Minimum Standards for Child-Care Centers
Page 92 of 92

Five years through                                     instructions;
seven years of age,         (B) Small school bus       A properly fitting safety
regardless of weight,                                  belt anywhere the child
and is less than four                                  sits in the vehicle;
feet, nine inches in        (C) Large school bus       A safety restraint system
height                                                 according to vehicle
                                                       manufacturer's
                                                       instruction;
(6) Four years through      (A) General purpose        A booster seat according
seven years of age and      vehicle                    to the manufacturer's
four feet, nine inches in                              instructions or a properly
height or taller                                       fitting safety belt
                                                       anywhere the child sits
                                                       in the vehicle;
                            (B) Small school bus       A properly fitting safety
                                                       belt anywhere the child
                                                       sits in the vehicle;
                            (C) Large school bus       A safety restraint system
                                                       according to vehicle
                                                       manufacturer's
                                                       instruction;
(7) Eight years through     (A) General purpose        A properly fitting safety
14 years of age             vehicle and small school   belt anywhere the child
                            bus                        sits in the vehicle;
                            (B) Large school bus       A safety restraint system
                                                       according to vehicle
                                                       manufacturer's
                                                       instruction.

§746.5609. Must caregivers and/or the driver wear a safety [seat] belt?
    (a) (No change.)
    (b) All adult passengers in a vehicle transporting children, other than a large school
bus [with GVWR of 10,000 pounds or more], must be properly restrained by safety
belts.

   This agency hereby certifies that the proposal has been reviewed by legal counsel
and found to be within the agency's legal authority to adopt.

   Issued in Austin, Texas, on                     .

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:6
posted:6/13/2012
language:
pages:92