TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES MINIMUM STANDARDS REVISION NOTICE Date: March 2010 Effective Date: March 1, 2010 To: All Holders of Minimum Standard Rules for Licensed Child-Care Centers Stock Code: P20330-4000 From: Sasha Rasco, Use the stock code to order DFPS Assistant Commissioner for Child-Care Licensing additional replacement page packets. Subjects: Gang-free zones near child-care centers Safety of children’s products Transportation safety training In an effort to save time and money and to ensure you have the most up-to-date minimum standards information, you will find attached a revision packet for Minimum Standard Rules for Licensed Child-Care Centers. The revision packet includes the revised pages and a memo describing the changes. Remove the outdated pages in your minimum standard publication and replace them with the attached revised pages, as instructed below. Destroy or disregard the outdated pages. If you need additional copies of the revision packet you may print copies from our website at www.dfps.state.tx.us or contact your local licensing office. If you have questions, please contact your licensing representative or your local licensing office. The following rule changes were effective March 1, 2010. Gang-Free Zones §746.501 Must I have written operational policies? §746.501 was amended in response to House Bill 2086 of the 81st Legislature, Regular Session, 2009. This change is to add a requirement to inform parents that under the Texas Penal Code any area within 1000 feet of a child-care center is considered a gang-free zone. Safety of Children’s Products §746.801. What records must I keep at my child-care center? §746.4131. What are "children's products?" §746.4133. When is a children's product considered to be unsafe? §746.4135. What are my responsibilities regarding unsafe children's products in my child-care center? The amendment to §746.801 and the addition of new rules §746.4131, §746.4133, and §746.4135 are in response to Senate Bill 95 of the 81st Legislature, Regular Session, 2009. These changes are to address new requirements regarding children's products and include the following: Definition of children's products. When a children's product is considered unsafe. The center's responsibilities for reviewing recalls issued by the Consumer Product Safety Commission (CSPC). (continued) Page 2 MS-Centers P20330-4000 March 2010 The requirement to post and notify parents and employees of the CPSC recall list. This information has been incorporated into the Keeping Children Safe poster. A copy of this poster is included in this packet and may also be downloaded at www.dfps.state.tx.us. Annual certification in writing that no unsafe products are in the center, using form 2885 Children's Products Certification. A copy of this form is included in this packet and may also be downloaded at www.dfps.state.tx.us. Transportation Safety Training §746.1309. How many clock hours of annual training must be obtained by caregivers? §746.1311. How many clock hours of training must my child-care center director obtain each year? §746.1316. What additional training must a person have in order to transport a child in care? The amendments to §746.1309, §746.1311, and the addition of §746.1316 are in response to Senate Bill 572 of the 81st Legislature, Regular Session, 2009. These rules outline the new requirements regarding transportation safety training and include: This training is required for employees and owners who transport children chronologically or developmentally younger than nine years old. The center director is required to complete this training if the center offers transportation of children chronologically or developmentally younger than nine years old. The two hours of training must be completed before transporting children and annually. These two hours of training are in addition to the minimum annual training requirements. Chapter 42 Changes were made to the licensing law, Human Resources Code, Chapter 42, as a result of the 81st Legislature, Regular Session, 2009. A copy of the revised publication is included in this packet and the changes are listed on the inside of the front cover. (continued) MS-Centers P20330-4000 Page 3 March 2010 Please note that each of the new and amended minimum standard rules have the date 3/1/2010 below each rule title. You will notice that the replacement pages include rules that were not changed. This is done to ensure that the pages are complete and in order when added to your copy of the publication. Please make the following changes to the Minimum Standard Rules for Licensed Child-Care Centers (cover date September 2006): Remove Table of Contents. Replace with new Table of Contents. Remove pages 9 through 12 Replace with new pages 9 through 12 (note that page 12 is blank) Remove page 19 – 20 Replace with new page 19 – 20 Remove pages 41 through 46 Replace with new pages 41 through 46 Add new page 124-A (note that the back of page 124-A is blank) Attachments Keeping Children Safe Poster Children's Products Certification Human Resources Code Chapter 42
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