Revision 25-3; Effective Aug. 15, 2025

Enforcement actions are actions HHSC recommends or imposes to ensure the safety of children in care at operations subject to regulation.

Enforcement actions may be voluntary or non-voluntary, and include the following:

Enforcement actions are neither punitive in nature nor required to be taken in any certain order. HHSC recommends or imposes enforcement actions based on the seriousness of the situation and on the operation’s compliance history. HHSC does not have to recommend or impose a less serious action if HHSC determines that a more serious action is more appropriate.

Human Resources Code (HRC), Chapter 42, Subchapter D, Remedies (Sections 42.0705-42.079)

26 TAC Sections 745.8601, 745.8603 and 745.8607

7110 Circumstances That May Call for Enforcement Action

Revision 25-3; Effective Aug. 15, 2025

HHSC may recommend or impose an enforcement action under the circumstances listed in the table below.

Revision 24-1; Effective Feb. 20, 2024

Child Care Enforcement (CCE) is a unit within the Regulatory Enforcement (RE) department of the Regulatory Services Division (RSD) responsible for making decisions about enforcement actions and administrative reviews. These decisions are based on information CCR staff gather for all regulated providers and unregulated operations subject to regulation.

Credentialing and Registry Enforcement (CARE) is a unit within the RE department of the RSD. They are responsible for making decisions about remedial actions taken against the holder of, or applicant for, an administrator’s license issued by CCR.

The following table provides a general overview of the roles and responsibilities of CCR, CCE, and CARE staff related to enforcement and remedial actions.

7210 Referring Enforcement Decisions to Child Care Enforcement or Credentialing and Registry Enforcement

Revision 25-3; Effective Aug. 15, 2025 

CCR staff refer enforcement decisions to Child Care Enforcement (CCE) or Credentialing and Registry Enforcement (CARE) as follows: 

Reference the Referral Instructions for Probation, Adverse Actions, and Judicial Actions job aid located on the CCR SharePoint site for more information about submitting the Referral for Enforcement Action to CCE.

Revision 25-3; Effective Aug. 15, 2025

A plan of action is a voluntary enforcement action that is a collaborative effort between CCR and an operation. The goal of a plan of action is to develop a plan to reduce risk and help improve the operation’s compliance with CCR statutes, administrative rules, and minimum standards.

Because a plan of action is voluntary, an operation may decline to develop and follow a plan. CCR may submit a Referral for Enforcement Action to Child Care Enforcement if an operation refuses to participate in a plan of action, and:

• CCR staff determine that risk cannot be mitigated without a plan; and
• the operation meets the criteria for another enforcement action.

The maximum time frame for a plan of action is six months. CCR may not extend a plan of action.

Because a plan of action is a voluntary action, it is not eligible for an administrative review.

26 TAC Sections 745.8611, 745.8613, 745.8631(1) and 745.8633(c)

7310 Criteria for Recommending a Plan of Action

Revision 25-3; Effective Aug. 15, 2025

An operation is eligible to participate in a plan of action if a circumstance described in 7110 Circumstances That May Call for Enforcement Action exists and CCR determines the operation meets all of the following criteria:

1. demonstrates the ability to identify risk;
2. accepts responsibility for correcting deficiencies;
3. has the ability to make corrections;
4. has a history of making corrections to maintain compliance, if applicable;
5. will be able to mitigate risk by following the plan of action; and
6. has not participated in a voluntary plan of action during the previous 12 months for similar issues.

If the permit holder operates multiple operations, CCR staff may consider the criteria listed above for each operation the permit holder operates when determining the operation’s eligibility to participate in a plan of action.

In determining whether a plan of action is the most appropriate enforcement action for an operation, CCR staff consult Appendix 7000-1: Factors to Consider for Enforcement Actions.

26 TAC Sections 745.8605, 745.8607 and 745.8633

7311 Initiating a Plan of Action

Revision 25-3; Effective Aug. 15, 2025

Procedure

The inspector discusses the recommendation to initiate a plan of action with the supervisor and obtains supervisory approval before recommending a plan of action to the operation. If the inspector receives supervisory approval, then the inspector completes the actions noted in the table below.

Reference Appendix 3000: Notifying the Operation

7311.1 If the Operation Agrees to Participate in a Plan of Action

Revision 24-1; Effective Feb. 20, 2024

Procedure

If the operation agrees to participate in a plan of action, the inspector takes the following actions:

• directs the permit holder, director, or administrator to complete Section II of Form 7277, and return to CCR within 10 days of receipt; and
• explains to the permit holder, director, or administrator that CCR staff will:
  • review the operation’s plan; and
  • must agree to action items that the operation documents in Section II of Form 7277 before the plan of action officially begins.

7311.2 If the Operation Does Not Agree to Participate in a Plan of Action

Revision 24-1; Effective Feb. 20, 2024

Procedure

If the operation does not agree to participate in a plan of action, the inspector:

• discusses with the CCR supervisor, and, if necessary, the program administrator and regional director if CCR should:
  • take less serious measures to reduce risk at the operation;
  • submit a Referral for Enforcement Action to Child Care Enforcement (CCE) (7420 Submitting the Referral for Enforcement Action to Child Care Enforcement); or
  • take less serious measures to reduce risk at the operation and submit a referral for Enforcement Action to CCE; and
• documents a summary of the discussion as a Chronology in CLASS, including the decisions made.

7312 Meeting with an Operation to Review a Plan of Action

Revision 24-1; Effective Feb. 20, 2024

Once CCR receives Form 7277 from the operation, the inspector and supervisor:

• review Section II of Form 7277;
• assess if the operation’s proposed plan addresses the deficiencies and mitigates risk to children; and
• schedule a meeting with the operation’s permit holder, designee, director or administrator to review Section II of Form 7277.

The meeting must take place within 10 days of receiving the completed Form 7277 from the operation.

Procedure

During the plan of action meeting, CCR staff:

1. review the operation’s compliance history report and discuss areas of concern with the operation;
2. review how the operation’s plan does or does not:
   • address the areas of concern identified in the operation’s compliance history;
   • reduce or eliminate the recurrence of deficiencies; and
   • mitigate risk to children caused by the deficiencies;
3. explain to the operation how CCR will follow up on the implementation of the plan; and
4. discuss the date the operation will implement the plan (the begin date) and the date the plan will end (7314 Starting a Plan of Action and 7316 Ending a Plan of Action).

In the event the action items the operation outlined in the plan do not mitigate risk, the inspector:

• explains to the operation how the plan fails to reduce risk and correct deficiencies; and
• works with the operation to develop new action items that reduce risk and address the deficiencies.

7312.1 When CCR and Operation Agree on a Proposed Plan of Action

Revision 24-1; Effective Feb. 12, 2024

Procedure

Once CCR and the operation agree to the plan of action, the administrator, director, or their designee and the inspector and supervisor review and sign the completed Form 7277.

CCR staff upload a copy of the signed Form 7277 in the operation’s record using the CLASS Document Library (1432 Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files in CLASS Document Library).

At least 15 days before the start date of the plan, CCR staff send notification of the plan’s start date, along with a signed copy of Form 7277, to:

• the person in charge of the operation;
• the permit holder;
• the applicant or designee;
• for day care only, the head of the governing body; and
• each controlling person.

CCR staff document the plan in CLASS (7313 Documenting the Plan of Action in CLASS).

7312.2 When CCR and Operation Cannot Agree on a Proposed Plan of Action

Revision 25-3; Effective Aug. 15, 2025

Procedure

If CCR staff and the operation cannot agree on the proposed plan of action, the inspector consults with the supervisor, and, if necessary, the program administrator, regional director, or both to determine if CCR should:

1. implement the plan as written by the operation;
2. collaborate further with the operation; or
3. submit a Referral for Enforcement Action to CCE (7420 Submitting the Referral for Enforcement Action to Child Care Enforcement).

CCR staff document the consultation and resulting recommendations in CLASS as a Chronology.

26 TAC Section 745.8631(1)

7313 Documenting the Plan of Action in CLASS

Revision 24-1; Effective Feb. 20, 2024

CCR staff document the plan of action in the CLASS Plan of Action List located under the Monitoring tab as follows:

If CCR staff modify or delete an action item during the plan of action, CCR staff enter the following as a Chronology in CLASS:

• a summary of what was modified or deleted; and
• why the modification or deletion occurred.

7314 Starting a Plan of Action

Revision 24-1; Effective Feb. 12, 2024

A plan of action starts 15 days from the date CCR sends written notification to the operation with the plan’s start date and a signed copy of Form 7277, unless the operation sends CCR a written request to begin the plan earlier.

Procedure

If an operation requests to begin the plan of action early, the inspector:

• documents the revised start date in the Begin Date field in the Plan of Action Details page in CLASS; and
• updates the planned end date in the Planned End Date field in the Plan of Action Details page in CLASS.

References:

7312.1 When CCR and Operation Agree on a Proposed Plan of Action
7313 Documenting the Plan of Action in CLASS

7315 Inspecting an Operation During a Plan of Action

Revision 25-3; Effective Aug. 15, 2025

During a plan of action, CCR staff conduct at least two unannounced monitoring inspections while children are in care. These inspections are to determine if the operation has come into and maintained compliance with statutes, administrative rules, and minimum standards.

CCR staff may conduct more inspections based on the compliance of the operation and risk to children determined during the required inspections.

Before the end of the plan of action, CCR staff evaluate the operation’s compliance with the entire subchapter associated with each minimum standard listed in the Basis for Plan of Action section of the Plan of Action Details page in CLASS.

26 TAC Section 745.8631(1)

Procedure

The inspector conducts the monitoring inspections at appropriate intervals during the plan of action to:

• evaluate the operation’s progress in implementing the plan; and
• determine if the operation successfully completed the plan or a more serious action may be necessary.

During each monitoring inspection completed during the plan of action, the inspector:

1. evaluates the operation’s compliance with at least one entire subchapter of the minimum standards associated with the plan of action;
2. evaluates the operation's compliance with one additional entire subchapter of the minimum standards to ensure overall compliance;
3. documents that the plan of action was evaluated during the inspection by selecting the Plan of Action action items were evaluated checkbox in the Other Items Evaluated section on the Inspection Details page;
4. provides technical assistance:
   1. for any statute, administrative rule, or minimum standard where the operation is deficient; and
   2. per 4154 Technical Assistance and 4161.24 Technical Assistance for Violations Recommended for an Administrative Penalty; and
5. completes all other tasks required during a monitoring inspection (4126 Monitoring Inspections).

The inspector may evaluate if the operation is following the plan of action, but only cites a deficiency if the operation violates a statute, administrative rule, or minimum standard. If the operation is still deficient in the areas identified in the plan, the inspector: 

• reviews the specific action items in the plan related to the deficiencies with the person in charge at the time of the inspection; and
• uses this review to reevaluate the plan and determine the appropriateness of its terms if the operation has not established or maintained compliance.

7316 Ending a Plan of Action

Revision 25-3; Effective Aug. 15, 2025

7316.1 Consultation with Supervisor Before a Plan of Action Ends

Revision 24-1; Effective Feb. 20, 2024

Before a plan of action ends, the inspector consults the supervisor to review the operation’s compliance with the statutes, administrative rules, and minimum standards evaluated during the plan of action. The inspector consults with the supervisor based on the operation’s progress on the plan of action and overall compliance.

Procedure

During the plan of action, the inspector and supervisor discuss:

1. the operation’s progress on the plan of action and overall compliance with statutes, administrative rules, and minimum standards; and
2. if:
   • the plan remains appropriate, such as if CCR should recommend the operation modify or add action items;
   • the plan should end early;
   • more inspections are needed; or
   • a more serious enforcement action would be more appropriate.

Before ending the plan, the inspector and supervisor must also discuss whether the plan of action has been successful.

CCR staff document a summary of the staffing and any recommendations as a Chronology in CLASS.

References:

7316.2 Ending a Plan of Action Early
7316.3 When the Operation Has Been Established and Maintained Compliance During the Plan of Action
7316.4 When the Operation Has Not Been Established or Maintained Compliance During the Plan of Action

7316.2 Ending a Plan of Action Early

Revision 25-3; Effective Aug. 15, 2025

CCR may end a plan of action early if CCR determines that:

• the operation has reduced risk and come into and maintained compliance with statutes, administrative rules and minimum standards; or
• the operation’s compliance has worsened and CCE has imposed a more serious enforcement action.

26 TAC Sections 745.8611 and 745.8643   

References: 

7316.3 When the Operation Has Established and Maintained Compliance During the Plan of Action
7316.4 When the Operation Has Not Established or Maintained Compliance During the Plan of Action

7316.3 When the Operation Has Established and Maintained Compliance During the Plan of Action

Revision 24-1; Effective Feb. 20, 2024

Procedure

When the operation has come into and maintained compliance with all statutes, administrative rules, and minimum standards associated with the plan, and any additional statutes, administrative rules, and minimum standards evaluated during the plan of action, the inspector sends the operation a letter on HHSC letterhead in CLASS. This is done using the appropriate plan of action results letter template located on CCR’s SharePoint site, stating:

1. compliance with statutes, administrative rules, minimum standards has been established;
2. the plan of action has ended; and
3. compliance with statutes, administrative rules, the minimum standards, and any restrictions or conditions on the operation’s permit must be maintained.

To document the end to the plan of action in CLASS, the inspector follows the procedure in 7316.5 Documenting the End to a Plan of Action in CLASS.

7316.4 When the Operation Has Not Established or Maintained Compliance During the Plan of Action

Revision 25-3; Effective Aug. 15, 2025

If the operation’s compliance with statutes, administrative rules, and minimum standards does not improve sufficiently to reduce risk at the operation because of the plan of action or the operation’s compliance worsens, CCR staff may:

• recommend additional action items, modify action items, increase inspections; or
• submit a Referral for Enforcement Action to CCE.

26 TAC Section 745.8643

Procedure

If the operation has not met compliance with statutes, administrative rules, and minimum standards, CCR staff:

• reevaluate the plan to determine the appropriateness of its terms and determine whether CCR should:
  • recommend an amendment to the plan’s action items,
  • increase inspections if the term of the plan of action is not expiring within the next 60 days,
  • recommend an amendment to the plan’s action items and increase inspections if the term of the plan of action is not expiring within the next 60 days, or
  • submit a Referral for Enforcement Action to CCE; and
• send the operation written notification on HHSC letterhead in CLASS, using the appropriate plan of action results letter template located on CCR’s SharePoint site, that the operation has not met compliance and CCR may proceed with the decided upon action.

If CCR staff are also ending the plan, the inspector follows the procedure in 7316.5 Documenting the End to a Plan of Action in CLASS.

Reference 7316.2 Ending a Plan of Action Early

7316.5 Documenting the End to a Plan of Action in CLASS

Revision 24-1; Effective Feb. 20, 2024

Procedure

To end the plan of action in CLASS, the inspector updates the Status dropdown on the Plan of Action Details page in CLASS as follows:

Revision 25-3; Effective Aug. 15, 2025

Probation is a non-voluntary enforcement action that Child Care Enforcement imposes to ensure the safety of children in care of an operation. During probation CCE imposes a corrective action plan, which includes conditions beyond the minimum standards and the basic permit requirements to help the operation improve compliance with identified standards. CCR inspects the operation at least monthly to evaluate compliance with standards and conditions imposed as part of the corrective action plan. 

The time frame for probation is a maximum of twelve months.

References:

Definitions of Terms for corrective action

26 TAC Sections 745.8603, 745.8611, 745.8631(2), and 745.8637 

Human Resources Code Section 42.071(c)

7410 Criteria for Imposing Probation

Revision 25-3; Effective Aug. 15, 2025

Child Care Enforcement (CCE) imposes probation on an operation if a circumstance described in 7110 Circumstances That May Call for Enforcement Action exists and upon determining that:

1. the operation is eligible to participate in a voluntary plan of action but refuses to do so, or the operation does not qualify for a voluntary plan of action;
2. the operation has not demonstrated the ability to make the necessary changes to address risk, but expresses a willingness to comply and make corrections;
3. the operation can mitigate risk by complying with the conditions identified in a corrective action plan in addition to statutes, administrative rules, and minimum standards; and
4. a more serious enforcement action is not necessary to reduce risk.

References: 

Appendix 7000-1: Factors to Consider for Enforcement Actions

Human Resources Code Section 42.071(c)

26 TAC Sections 745.8601, 745.8605, 745.8607 and 745.8637

7420 Submitting the Referral for Enforcement Action to Child Care Enforcement

Revision 24-1; Effective Feb. 20, 2024

Procedure

Following a deficiency or other triggering event, the inspector and supervisor consult the program administrator and regional director to discuss the operation’s compliance history and determine if the regional director will begin the referral process to Child Care Enforcement (CCE) (Appendix 7000-1: Factors to Consider for Enforcement Actions).

Based on this discussion, and the situation, CCR staff take the following actions:

7430 Decision to Impose Probation

Revision 24-2; Effective May 22, 2024

CCE notifies CCR of their decision after the Referral for Enforcement Action is submitted.

Procedure

CCR staff complete the actions outlined in the following chart, depending on CCE’s decision about the Referral for Enforcement Action.

7430.1 When CCE Requests Additional Information from CCR After the Referral for Enforcement Action is Submitted (Probation)

Revision 24-1; Effective Feb. 20, 2024

CCE notifies CCR if CCE staff require more information after CCR submits the Referral for Enforcement Action.

Procedure

If CCR staff receive a request for more information from CCE after the Referral for Enforcement Action is submitted, CCR staff: 

• provide the additional information requested; and
• document a summary of the additional information provided as a Chronology in CLASS.

7431 Meeting with an Operation About Probation

Revision 24-1; Effective Feb. 20, 2024

Procedure

If CCE schedules a meeting with the operation to review the corrective action plan, and invites CCR to the meeting, the following CCR staff attend the meeting:

• inspector;
• supervisor; and
• program administrator and regional director if circumstances exist to warrant their involvement.

7432 Reviewing Probation Conditions

Revision 24-1; Effective Feb. 20, 2024

Procedure

After CCE sends CCR the finalized Form 2885 Corrective Action Letter, but before CCR conducts the first inspection during the probation period, the inspector and supervisor meet to discuss:

• the conditions being imposed by the corrective action plan;
• any due dates associated with the conditions; and
• a plan for how CCR will evaluate the operation for compliance with the probation conditions.

If the operation declines to participate in a meeting offered by CCE to discuss the probation, CCE staff will not schedule a meeting with the operation to review the corrective action plan.

If CCE does not hold a meeting with the operation, the inspector coordinates a meeting with the operation’s permit holder, designee, director, or administrator as follows: 

7433 Requesting or Waiving the Right to an Administrative Review of Probation

Revision 24-1; Effective Feb. 20, 2024

If an operation disagrees with the corrective action plan, including any condition imposed as a part of the plan, the operation may request an administrative review within 15 days of receiving the finalized CLASS Form 2885 Corrective Action Letter.

References: 

5612 Waiving the Right to an Administrative Review
5613 Receiving a Request for an Administrative Review

7440 Starting Probation

Revision 24-1; Effective Feb. 20, 2024

Probation does not start until:

• the operation waives the right to an administrative review per 7433 Requesting or Waiving the Right to an Administrative Review of Probation; or
• the person who conducted the administrative review upholds the decision to impose probation.

If the operation waives the administrative review, in writing, before the 15-day time frame to request the administrative review, CCE may begin the action sooner than the planned begin date. 

After the administrative review is waived or upheld, CCE staff will:

• enter the Actual Begin Date field on the Provider Corrective Action page in CLASS; and
• notify the operation of the Actual Begin Date.

7441 Inspecting an Operation During Probation

Revision 25-3; Effective Aug. 15, 2025

Procedure

CCR staff conduct monitoring inspections on two time frames during the probation period. Unless there is good cause not to inspect within these time frames, including when CCR or DFPS is conducting an investigation, inspections are conducted at least once:

• by 21 days after the probation period begins; and
• per month during the probation period.

If there is good cause not to inspect within these time frames, the inspector requests approval from the supervisor. The inspector documents the approval and reason for the variation as a Chronology in CLASS.

During each monitoring inspection, the inspector:

1. evaluates the operation’s compliance with:
   • the conditions imposed by the corrective action plan;
   • at least one entire subchapter of the minimum standards listed in the Basis for Corrective Action section of the Provider Corrective Action Plan page in CLASS; and
   • at least one additional entire subchapter of the minimum standards to assess overall compliance;
2. documents that the probation conditions were evaluated during the inspection by selecting the Probation conditions were evaluated checkbox on the Inspection Details page in CLASS;
3. cites the operation if it is in violation of any statute, administrative rule, or minimum standard;
4. cites the operation for a violation of 26 TAC 745.8641 if the operation is in violation of any probation condition;
5. provides technical assistance:
   • for any statute, administrative rule, or minimum standard where the operation is deficient; and
   • per 4154 Technical Assistance and 4161.24 Technical Assistance for Violations Recommended for an Administrative Penalty;
6. when conducting an exit conference per 4170 Conducting the Exit Conference, reviews with the permit holder or designee the probation conditions that relate to the deficiencies cited during the inspection; and
7. completes all other tasks required during a monitoring inspection per 4126 Monitoring Inspections.

Before the end of the probation period, the inspector evaluates the operation’s compliance with the entire subchapter associated with each minimum standard listed in the Basis for Corrective Action section of the Provider Corrective Action Plan page in CLASS.

7442 Conducting Surveillance During Probation

Revision 24-1; Effective Feb. 20, 2024

An inspector or supervisor may determine that surveillance is necessary to evaluate if a program or caregiver is complying with minimum standards or conditions outlined in the corrective action plan. Valid reasons for surveillance include, but are not limited to determining if an operation is:

• complying with transportation requirements;
• providing adequate supervision during outdoor activities; or
• providing care to more children than the permit allows.

Procedure

An inspector must receive supervisory approval to conduct surveillance. Upon receiving the necessary approval, the inspector: 

• may conduct surveillance at the operation’s physical location or at other locations where children in care are transported by the operation;
• takes photographs or video recordings, as necessary, during the course of the surveillance to support violations or a lack of violations;
• uploads any photographs or video recordings to the appropriate folder in the CLASS Document Library (1400 State-Issued Equipment, Photographs, Video, Audio and Digital Files); and
• documents all decisions about surveillance and all information obtained from conducting surveillance as a Chronology in CLASS.

References: 

1400 State-Issued Equipment, Photographs, Video, Audio and Digital Files
1432 Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files in CLASS Document Library
6450 Conducting Surveillance (Day Care Only)

7443 Consultations During Probation

Revision 25-3; Effective Aug. 15, 2025

During the probation period, the inspector meets with the supervisor to review the operation’s compliance with statutes, administrative rules, minimum standards, and conditions imposed by the corrective action plan. These meetings take place at least four times during the probation period. They may occur more often depending on the operation’s progress and overall compliance.

Procedure

During each consultation, the inspector and supervisor:

• review the operation’s progress on the corrective action plan;
• review the operation’s overall compliance with statutes, administrative rules, and minimum standards;
• discuss if the corrective action plan remains appropriate, including whether:
  • more inspections are needed;
  • an amendment to the plan is necessary; or
  • a more serious enforcement action should be imposed (7450.2 Modifying or Ending Probation When Compliance Has Not Been Established); and
• if the operation has established and maintained compliance during the probation.

Before ending probation, the inspector must staff the decision with a supervisor and receive the supervisor’s approval to end the probation period.

The consultations and any recommendations are documented as a Chronology in CLASS.

References: 

Reviewing Restrictions, Conditions, Waivers, and Variances, 4152

26 TAC Section 745.8631

7450 Ending Probation

Revision 25-3; Effective Aug. 15, 2025

HHSC may not extend a probation period, but the inspector may end probation early with supervisory approval. HHSC may end probation if:

• CCR determines that the operation has reduced risk and come into and established and maintained compliance with statutes, administrative rules, and minimum standards; or
• after CCR submits a Referral for Enforcement Action, and CCE determines that  a more serious enforcement action is necessary.

References:

Consultations During Probation, 7443 

Ending Probation When Compliance Has Been Established, 7450.1

Modifying or Ending Probation When Compliance Has Not Been Established, 7450.2

26 TAC Sections 745.8611(b) and 745.8643

7450.1 Ending Probation When Compliance Has Been Established

Revision 24-1; Effective Feb. 20, 2024

Procedure

If the operation has complied with the conditions imposed by the corrective action plan, corrected deficiencies and reduced risk, and maintained compliance with all other statutes, administrative rules, and minimum standards, the inspector uses the appropriate probation results letter template located on CCR’s SharePoint site to send the operation a letter on HHSC letterhead in CLASS stating:

• compliance with the minimum standard, administrative rules, statutes, and probation conditions has been established;
• the probation period has ended; and
• compliance with statutes, administrative rules, and minimum standards, and any restrictions or conditions on the operation’s permit must be maintained.

To end the probation period in CLASS, the inspector completes the following fields on the Provider Corrective Action Plan page in CLASS:

• selects the appropriate selection from the Result of Corrective Action drop-down menu; and
• enters the end date in the Actual End Date field.

Reference:

 Consultations During Probation, 7443

7450.2 Modifying or Ending Probation When Compliance Has Not Been Established

Revision 24-1; Effective Feb. 20, 2024

Procedure

During the course of probation, if the operation’s compliance with statutes, administrative rules, minimum standards, and the probation conditions do not improve sufficiently to reduce risk at the operation, CCR staff:

1. reevaluate the corrective action plan to assess the appropriateness of its terms and conditions and determine if CCR should:
   • increase the frequency of inspections if the term of the corrective action is not expiring within the next 90 days; or
   • submit a Referral for Enforcement Action to CCE; and
2. use the appropriate probation results letter template, located on CCR’s SharePoint site, to send the operation a letter on HHSC letterhead in CLASS stating the operation has not met compliance and that CCR will or may, as appropriate, proceed with the decided upon action.

When CCR Determines the Corrective Action Plan Should be Modified or a More Serious Enforcement Action Should be Imposed

If the inspector and supervisor determine that CCE should amend the conditions associated with a corrective action plan or impose a more serious enforcement action, the inspector and supervisor consult the program administrator and regional director to discuss their determination.

If the regional director agrees that CCE should amend the conditions associated with a corrective action plan or impose a more serious enforcement action, then the regional director begins the CCE referral process.

The inspector documents a summary of the staffing in the operation’s record as a Chronology in CLASS.

Ending Probation in CLASS after Submitting a Referral for Enforcement Action to CCE

If CCE imposes a more serious enforcement action after CCR submits a Referral for Enforcement Action, the inspector ends the probation period in CLASS by completing the following fields on the Provider Corrective Action Plan page:

• selects the appropriate selection from the Result of Corrective Action drop-down menu; and
• enters the date the probation period ended in the Actual End Date field.

Reference:

Consultations During Probation, 7443

7460 Following Up After Ending Probation

Revision 24-1; Effective Feb. 20, 2024

Procedure

Within six months from the date a probation period ends, the inspector conducts an unannounced monitoring inspection to ensure the operation is in compliance with: 

• the statutes, administrative rules, and minimum standards associated with the corrective action plan; and
• any restrictions or conditions on the operation’s permit.

Revision 25-3; Effective Aug. 15, 2025 

7510 Overview of CCR and Child Care Enforcement Staff Responsibilities Related to Administrative Penalties

Revision 24-4; Effective Nov. 13, 2024

The following chart provides a general overview of the roles and responsibilities of CCR and Child Care Enforcement (CCE) staff related to administrative penalties.

7520 Legal Basis to Impose Administrative Penalties

Revision 25-3; Effective Aug. 15, 2025 

Administrative penalties are fines Child Care Enforcement (CCE) may impose against an operation or a controlling person with the intent of reducing the risk of harm to children in care. Administrative penalties are not imposed for clerical errors.

Administrative penalties may be imposed against:

1. any licensed operation, registered or listed family home, including those exempt from paying annual fees;
2. controlling persons; and
3. a child placing agency's main office for violations cited at the operation's branch offices.

Reference

HRC Section 42.078(a)

26 TAC Section 745.8603

7530 Reserved for Future Use

Revision 24-4; Effective Nov. 13, 2024

7531 Child Care Enforcement Disagrees with the Deficiency Cited for an Administrative Penalty

Revision 24-4; Effective Nov. 13, 2024

If CCE determines CCR staff cited the incorrect statute, administrative rule or minimum standard for the administrative penalty, CCE will inform CCR of their recommendation.

7540 Steps the Operation Takes after CCE Sends the Notice of Recommendation for Administrative Penalty

Revision 24-4; Effective Nov. 13, 2024

After receiving CLASS Form 2994 Notice of Recommendation for Administrative Penalty, the operation or controlling person has 30 days to:

1. pay the administrative penalty;
2. accept the administrative penalty; or
3. dispute the penalty by requesting a due process hearing.

The operation or controlling person may request a due process hearing even if the operation or controlling person has paid the administrative penalty fee.

7550 Due Process Rights for Administrative Penalties

Revision 25-3; Effective Aug. 15, 2025 

The Child Care Licensing Legal Enforcement Department must receive a request for a due process hearing in writing, which includes by email or fax, within 30 days of the date the operation or controlling person received CLASS Form 2994 Notice of Recommendation for Administrative Penalty.

The operation or controlling person waives the right to a due process hearing if the operation or controlling person:

• does not accept the penalty or request a due process hearing for the administrative penalty per 26 TAC Section 745.8837; or
• submits a written statement waiving the right to a due process hearing to the Child Care Licensing Legal Enforcement Department.

Reference

26 TAC Sections 745.8613(a)(5), 745.8835(a)(1)(B), and 745.8835(a)(4)

HRC Sections 42.078(g) and 42.078(i)

7551 The Right to Request a Judicial Review of an Administrative Penalty After a Due Process Hearing

Revision 24-4; Effective Nov. 13, 2024

Following a due process hearing where a judge upheld the administrative penalty, an operation or controlling person has 30 days from receiving the results to:

• pay the penalty amount ordered;
• file a petition for a judicial review; or
• pay the penalty amount ordered and file a petition for a judicial review.

Reference

HRC Section 42.078(k)

7560 Payment and Nonpayment of Administrative Penalties

Revision 24-4; Effective Nov. 13, 2024

The operation or controlling person may pay the administrative penalty as soon as they receive CLASS Form 2994 Notice of Recommendation for Administrative Penalty, but must pay no later than 30 days after any of the following occur:

1. CLASS Form 2995 Administrative Penalty Order is received by the operation or controlling person, unless a due process hearing is requested;
2. the Child Care Licensing Legal Enforcement Department sends a negotiated reduction notice;
3. an administrative law judge's order to pay the administrative penalty becomes final, unless a judicial review is requested; or
4. a judge conducts a judicial review and upholds the decision to impose the administrative penalty.

The 30-day time frame is measured from the date the last action noted above occurred. For example, the operation or controlling person received CLASS Form 2994 on Jan. 1, but a judicial review upholds the decision to impose an administrative penalty on Jan. 15. The 30-day time frame begins on Jan. 15.

Reference

How an Operation Submits a Payment, 5222
The Right to Request a Judicial Review of an Administrative Penalty After a Due Process Hearing, 7551

7561 When Administrative Penalties Remain Unpaid

Revision 25-3; Effective Aug. 15, 2025 

If the operation or controlling person does not pay the administrative penalty amount as ordered by the due date, CCR staff follow the procedure in 3927 Refusal to Renew a Permit during the operation’s next permit renewal period.

Reference

26 TAC Sections 745.477; 745.8605

Verifying Fee and Administrative Penalty Payments, 3924.2

Revision 25-3; Effective Aug. 15, 2025

CCR may submit a Referral for Enforcement Action to Child Care Enforcement if an operation does not comply with statutes, administrative rules, minimum standards, or the specific terms of the permit.

Human Resources Code Section 42.072(a), (e)

26 TAC Sections 745.8649 and 745.8875

7610 Defining Adverse Action

Revision 25-3; Effective Aug. 15, 2025

Adverse action is taken when deficiencies pose a risk that endanger the health and safety of children, or there are indications of a continued failure by the operation to comply with statutes, administrative rules, or minimum standards.

An adverse action is any of the following:

1. Denial of a permit during application status.
2. Denial of a license or certificate during initial license status.
3. Denial of a request for amendment of a license, certificate, or registration.
4. Adverse amendment of the permit with conditions.
5. Involuntary suspension, which is a type of suspension that is not the same as an automatic suspension that takes place when there is a failure to pay an annual fee.
6. Revocation of a permit.
7. Refusal to Renew of a full permit, which is not just when an operation fails to meet renewal requirements but an adverse action with the same general grounds as a revocation that occurs during the permit renewal process.

26 TAC Section 745.8649

7620 Criteria for Taking Adverse Action

Revision 24-1; Effective Feb. 20, 2024

Child Care Enforcement (CCE) may take adverse action when they determine that the operation must not operate, must cease operating, or that a permanent restriction or condition to the operation's permit is necessary because of an issue described in 7110 Circumstances That May Call for Enforcement Action.

7621 Criteria for Imposing a Denial

Revision 25-3; Effective Aug. 15, 2025 

CCE may deny an applicant a permit for an issue identified in 7110 Circumstances That May Call for Enforcement Action if they determine that:

1. a background check result makes an applicant ineligible for a permit;
2. the operation does not demonstrate the ability to comply with statutes, administrative rules, or minimum standards during the initial permit period, if applicable;
3. the results of a public hearing make an applicant ineligible for a permit;
4. the operation presents an immediate threat to the health or safety of children; or
5. the applicant is otherwise ineligible for a permit because of an issue described in 7110 Circumstances That May Call for Enforcement Action.

26 TAC Sections 745.8605 and 745.8650

References:

3710 Denial Because of Failure to Comply With Minimum Standard Rules, Administrative Rules, or Law
3713 Compliance History Indicates Inability to Meet Minimum Standard Rules
7110 Circumstances that May Call for Enforcement Action
10760 When to Deny or Revoke a Permit Based on Criminal History or Child Abuse or Neglect History
Appendix 7000-1: Factors to Consider for Enforcement Actions.

7622 Criteria for Imposing an Adverse Amendment

Revision 25-3; Effective Aug. 15, 2025

CCE may impose an adverse amendment on an operation if a circumstance described in 7110 Circumstances That May Call for Enforcement Action exists, and if they determine that:

1. an amendment on the permit will mitigate any risks;
2. the amendment is the most effective enforcement action for addressing risk at the operation; and
3. the operation can follow the restrictions or conditions of the amendment.

26 TAC Sections 745.8605 and 745.8651

7623 Criteria for Imposing an Involuntary Suspension

Revision 25-3; Effective Aug. 15, 2025

CCE may impose an involuntary suspension on an operation if a circumstance described in 7110 Circumstances That May Call for Enforcement Action exists, and if they determine that:

1. the operation will pose a danger or threat of danger to the health or safety of children in the operation's care until the issue is resolved;
2. the operation cannot correct the issue while children are in care, but can do so during a specific period of time;
3. the operation can make the necessary corrections while the permit is suspended; and
4. there are no additional concerns about the operation's compliance history that would make revocation a more appropriate enforcement action for the health or safety of children.

26 TAC Sections 745.8605 and 745.8652

7624 Criteria for Imposing a Revocation

Revision 25-3; Effective Aug. 15, 2025

CCE may revoke an operation's permit if an issue described in 7110 Circumstances That May Call for Enforcement Action exists, and if they determine that:

1. the operation is ineligible for probation;
2. CCE cannot address the risk at the operation by imposing probation or involuntary suspension;
3. a background check result or a finding of abuse or neglect makes the permit holder ineligible for a permit; or
4. revocation is otherwise necessary to address the issue described in 7110 Circumstances That May Call for Enforcement Action.

26 TAC Sections 745.8605 and 745.8654

7625 Criteria for Refusing to Renew a Permit

Revision 25-3; Effective Aug. 15, 2025

CCE may refuse to renew an operation’s permit if an issue described in 7110 Circumstances That May Call for Enforcement Action exists, and if they determine that:

1. the operation is ineligible for probation;
2. risk at the operation cannot be addressed by imposing any other type of enforcement action;
3. a background check result or a finding of abuse or neglect makes the permit holder ineligible for a permit; or
4. refuse to renew is otherwise necessary to address the issue described in 7110 Circumstances That May Call for Enforcement Action.

CCE staff may impose the refusal to renew adverse action type at any time between the time the permit renewal period begins and before CCR renews the permit, including after the renewal period expires. The action may be based on grounds that occurred before or after the renewal period expires. If CCE is revoking the operation’s permit before or after the renewal period expires, CCE does not also have to refuse to renew the permit.

26 TAC Sections 745.8605 and 745.8655 

7626 Operating Pending Appeal of an Adverse Action

Revision 25-3; Effective Aug. 15, 2025

An operation:

1. may not operate pending appeal of a denial or suspension; but
2. may operate pending appeal of a revocation or refusal to renew its permit, unless CCE determines health or safety concerns exist that requires the operation to stop operating; and
3. if CCE makes such a determination, the operation may only continue to operate pending appeal of the revocation or refusal to renew if a judge grants injunctive relief allowing the operation to remain open.

26 TAC Sections 745.8609 and 745.8655

Human Resources Code Section 42.072(e)

7630 Taking Adverse Action

Revision 24-1; Effective Feb. 20, 2024

Procedure

When imposing any adverse action, HHSC staff:

• determine that an adverse action is appropriate; and
• notify the permit holder or applicant about the action.

Submitting the Referral for Enforcement Action to Child Care Enforcement

If CCR staff determine that Child Care Enforcement (CCE) should impose an adverse action on an operation, the inspector, supervisor, program administrator, and regional director meet to discuss if the regional director will begin the referral process to CCE. CCR staff use Appendix 7000-1 as an aid to determine if adverse action is appropriate (7620 Criteria for Taking Adverse Action).

Based on this discussion CCR staff take the following actions:

If the refusal to renew, revocation, suspension or denial involves a state-operated operation, the regional director also notifies the associate commissioner of CCR: 

• after the Referral for Enforcement Action is submitted to CCE; and
• at the time CCE decides to impose adverse action. 

Reference 2280 State-Operated Facilities Exempt from Licensure

Child Care Enforcement’s Decision

After CCR submits the Referral for Enforcement Action, CCE notifies CCR of the decision of which enforcement action, if any, that CCE will recommend or impose on the operation.

If CCE decides to impose adverse action, CCE drafts the written notification to the operation and shares the final written notification with CCR staff to review.

Notify the Permit Holder or Applicant About the Action

HHSC staff:

• notify the permit holder or applicant about the intent to deny, refuse to renew, revoke, suspend, or amend a permit by sending CLASS Form 2880 Intent to Impose Adverse Action letter; and
• explains in the notification that the permit holder or applicant has the right to request an administrative review within 15 days after the permit holder receives CLASS Form 2880.

References:

Referral Instructions for Probation, Adverse Actions, and Judicial Actions job aid located on CCR’s SharePoint site

5600 Administrative Reviews
7631 Notice of Intent to Deny, Refuse to Renew, Revoke, or Suspend
7632 Administrative Review for Adverse Action

Notify Controlling Persons About the Intent to Designate

When revoking a permit, CCE staff:

• determine the controlling persons to designate; and
• notify the controlling person about the intent to designate by sending CLASS Form 2762 Intent to Designate.

Reference 7770 Administrative Review and Due Process Hearing for a Designated Controlling Person.

Notify the Permit Holder or Applicant About the Results of an Administrative Review

If the permit holder or applicant requests an administrative review, the CCE staff person conducting the review notifies the permit holder or applicant about the decision to deny, refuse to renew, revoke, suspend, or adversely amend the permit after the administrative review is completed. Reference 7632 Administrative Review for Adverse Action.

If the CCE staff person conducting the review upholds the adverse action, and the permit holder or applicant appeals the decision, the CCE staff person notifies the permit holder about the final decision to deny, refuse to renew, revoke, suspend, or adversely amend the permit after the opportunity to appeal has been exhausted. Reference 7633 Notice of Decision to Deny, Revoke, or Suspend an Application or Permit.

Documentation

CCE staff document all adverse actions in CLASS and generate all adverse action letters from CLASS.

7631 Notice of Intent to Deny, Refuse to Renew, Revoke, or Suspend

Revision 25-3; Effective Aug. 15, 2025

CCE drafts and finalizes CLASS Form 2880 Intent to Impose Adverse Action letter. The purpose of the letter is to:

• notify the permit holder or applicant about CCE’s intent to deny, refuse to renew, revoke, or suspend the permit; and
• explain the basis for the action.

No denial, refusal to renew, revocation, or suspension is effective unless HHSC:

• notifies the permit holder or applicant in person or by both regular and certified mail about the alleged deficiencies warranting action; and
• gives the permit holder or applicant an opportunity through an administrative review to retain the permit by showing compliance with statutes, administrative rules, and minimum standards.

Texas Government Code Section 2001.054

26 TAC Section 745.8609

7631.1 When Immediate Intervention Is Warranted at an Operation

Revision 24-2; Effective May 22, 2024

If CCR determines that circumstances at the operation are extreme enough to warrant immediate intervention, such as judicial action, the regional director or program administrator begins the CCE referral process simultaneously with the mailing or delivery of CLASS Form 2880 Intent to Impose Adverse Action.

Reference 

Injunction, Including Temporary Injunction, 7710

7631.2 Requirements if the Action Taken is Refusal to Renew or Revocation and There is Risk to the Health or Safety of Children

Revision 25-3; Effective Aug. 15, 2025

If CCE intends to refuse to renew or revoke an operation's permit and determines that the operation poses an immediate risk to the health or safety of children, CCE staff:

• select the Not Allowed to Operate checkbox on CLASS Form 2880 Intent to Impose Adverse Action letter; and
• document in the textbox how the operation poses an immediate danger to a child’s safety, health, or both with information included as outlined under 26 TAC Section 745.751.

Procedure

On the same day that CCR staff receive CLASS Form 2880 from CCE, they review the letter to determine if CCE:

• intends to refuse to renew or revoke the relevant operation’s permit; and
• has also determined that the operation poses an immediate risk to children and must stop operating. 

If CCE has determined that the operation must stop operating, then:

• CCR staff provide immediate notification to the operation, 7631.4 Authorizing and Delivering the Intent to Impose Adverse Action Letter; and
• the program administrator or designee changes the operation’s main page in CLASS by selecting the Do not display on public/provider website checkbox.

Human Resources Code Section 42.072(e)

26 TAC Section 745.8875 

7631.3 Following Up on Notification Requirements for Informing the Public About an Adverse Action

Revision 25-3; Effective Aug. 15, 2025

Procedure

The inspector follows up to ensure that the operation has:

• notified the parents; and
• sent the copies of the certified return receipts to CCR.

Reference 26 TAC Section 745.8656

7631.4 Authorizing and Delivering the Intent to Impose Adverse Action Letter

Revision 25-3; Effective Aug. 15, 2025

CCE must sign CLASS Form 2880 Intent to Impose Adverse Action letter.

CCE sends the letter to the operation on the date that CCE saves the letter as final in CLASS.

The regional director or designee must deliver the letter to the permit holder or applicant in person if:

• CCE cannot deliver the letter; or
• the operation is required to close immediately (7631.41 When the Operation is Required to Close Immediately).  

In addition to sending CLASS Form 2880 to CCR staff for review, CCE also sends a copy of the letter to the following, when applicable:

1. DFPS residential contract manager;
2. the Child and Adult Care Food Program (CACFP); and
3. the Texas Workforce Commission Local Workforce Board.

Procedure

When the regional director receives a copy of CLASS Form 2880, the regional director sends a copy of the letter to the:

1. program administrator;
2. supervisor;
3. inspector; and
4. CBCU inspector.

26 TAC Section 745.8657

7631.41 When the Operation is Required to Close Immediately

Revision 24-1; Effective Feb. 20, 2024

Under statute, an operation cannot operate pending the appeal of a denial or suspension. Moreover, an operation cannot operate pending appeal of a revocation or refusal to renew if CCE determines that the operation poses an immediate threat to the health or safety of children, unless the operation gets an injunction allowing the operation to stay open. CCR staff are responsible for providing immediate notification to the operation by personally delivering CLASS Form 2880 Intent to Impose Adverse Action letter to the permit holder or applicant.

After CCR staff personally deliver CLASS Form 2880, the CCR staff person who delivered the letter documents the name of the person at the operation who received the notification as a Chronology in CLASS using the Corrective/Adverse Action category type.

If the operation is located at a distance where CCR staff are not able to immediately hand deliver CLASS Form 2880, CCE staff:

1. notify the permit holder or applicant by phone;
2. send the letter by email or fax; and
3. send the letter by both regular and certified mail, with a return receipt requested.

Human Resources Code Section 42.072

7631.5 Follow-Up After Delivery of Notice of Intent to Take Adverse Action When Operation Required to Close Immediately

Revision 24-2; Effective May 22, 2024

Procedure

If the operation must close immediately, the inspector must conduct a follow-up inspection at the operation within 15 days after CLASS Form 2880 Intent to Impose Adverse Action letter has been sent or delivered to the operation. This inspection is to determine if the operation continues to care for children.

If no one is present at the operation, the inspector:

1. documents the inspection type as Follow-up if the inspector observes enough to confirm the operation is no longer caring for children;
2. documents the inspection type as Attempted if the inspector is not able to determine if the operation continues to care for children;
3. documents the observations made during the inspection as a Chronology in CLASS using the Monitoring category type; and
4. consults with the supervisor to decide the next course of action.

If the operation continues to operate   the inspector informs the supervisor, who notifies the program administrator and regional director. The regional director begins the CCE referral process.

Reference 

Injunction, Including Temporary Injunction, 7710  

7632 Administrative Review for Adverse Action

Revision 25-3; Effective Aug. 15, 2025

If the permit holder or applicant disagrees with the adverse action imposed, the person may request an administrative review within 15 days of receiving the finalized CLASS Form 2880 Intent to Impose Adverse Action letter.

References:

5612 Waiving the Right to an Administrative Review
5613 Receiving a Request for an Administrative Review
7630 Taking Adverse Action

26 TAC Sections 745.8805; 745.8613 and 745.909(b)

7632.1 When an Adverse Action is Overturned at an Administrative Review

Revision 24-2; Effective May 22, 2024

If CCE overturns the adverse action after conducting the administrative review, CCE mails a letter advising the permit holder or applicant about the decision and updates the Provider Adverse Action page in CLASS.

7632.2 Adverse Action is Upheld at an Administrative Review or No Administrative Review is Requested

Revision 24-2; Effective May 22, 2024

CCE notifies the permit holder or applicant by sending CLASS Form 2878 Decision to Impose Adverse Action letter and updates the Provider Adverse Action page in CLASS if:

• CCE conducts the administrative review and upholds the adverse action; or
• the operation does not request an administrative review for the adverse action. 

References

Administrative Reviews, 5600
Notice of Decision to Deny, Revoke, or Suspend an Application or Permit, 7633 

7633 Notice of Decision to Deny, Revoke, or Suspend an Application or Permit

Revision 25-3; Effective Aug. 15, 2025

If, after the opportunity for administrative review, CCE decides to deny, refuse to renew, revoke, or suspend a permit, CCE:

• sends a certified letter to the permit holder or applicant to notify the permit holder or applicant about the decision;
• notifies the permit holder or applicant about the decision to deny, refuse to renew, revoke, or suspend by sending CLASS Form 2878 Decision to Impose Adverse Action letter by both regular and certified mail; and
• notifies other state agencies, if applicable (7633.2 Notifying HHSC Staff and Other State Agencies).

26 TAC Section 745.8609

If CCE upholds the decision to deny, refuse to renew, revoke, or suspend an application for a permit, CCR updates the operation’s status in CLASS (7633.3 Updating the Operation's Status in CLASS).

7633.1 Requirements if There is Immediate Risk to Children

Revision 25-3; Effective Aug. 15, 2025

Procedure

The program administrator or designee changes the operation's main page in CLASS by selecting the check box Do not display on public/provider website to reflect that the operation must not be posted on the Search Texas Childcare public website.

If the operation poses an immediate threat to the health or safety of children, the inspector and supervisor are responsible for providing immediate notification to the operation by personally delivering CLASS Form 2878 Decision to Impose Adverse Action letter to the permit holder or applicant.

If the inspector personally delivers CLASS Form 2878 Decision to Impose Adverse Action letter, the inspector documents the following as a Chronology in CLASS using the Corrective/Adverse Action category type:

• The dates that the letter was delivered to and received by the operation.
• The name of the person at the operation who received the notification.

If the operation is located at a distance where the inspector is not able to immediately hand-deliver the letter, CCE staff:

1. notify the permit holder or applicant by phone;
2. send the letter by email or fax; and
3. send the letter by both regular and certified mail, with a return receipt requested.

References:

7631.2 Requirements if the Action Taken is Refusal to Renew or Revocation and There is Risk to the Health or Safety of Children

Human Resources Code Section 42.072(e)

26 TAC Section 745.8875

7633.2 Notifying HHSC Staff and Other State Agencies

Revision 24-1; Effective Feb. 20, 2024

Procedure

In addition to sending CLASS Form 2878 Decision to Impose Adverse Action letter to CCR for review, CCE also sends a copy of the letter to the following, when applicable:

• the Texas Workforce Commission Local Workforce Board;
• the Child and Adult Food Care Program; and
• DFPS residential contract manager.

When the regional director receives a copy of CLASS Form 2880, the regional director sends a copy of the letter to the:

1. program administrator;
2. supervisor;
3. inspector; and
4. CBCU inspector.

7633.3 Updating the Operation's Status in CLASS

Revision 24-1; Effective Feb. 20, 2024

Procedure

When CCE denies, suspends, refuses to renew, or revokes an operation's permit, the inspector:

• updates the Operation Main page in CLASS by changing the Operating Status to No;
• updates the Effective Date to reflect the date CLASS Form 2878 Decision to Impose Adverse Action letter was finalized in CLASS; and
• notifies the program administrator or designee to check the Do not display on public/provider site check box.

7634 Inspecting During the Suspension, Refusal to Renew, Revocation, or Denial Process

Revision 24-2; Effective May 22, 2024

CCR staff consult with the regional director, director of day care operations, or director of residential care operations,   as appropriate, and the Child Care Licensing Legal Enforcement Department. The consultation is to determine a plan for inspecting during the refusal to renew, revocation, suspension or denial process.

Because the operation still has children in care during this time, CCR continues to have monitoring responsibility. Inspections are made during this process to make sure the children are safe.

Procedure

Inspection procedures are in 5720 Regulation Pending the Due Process Hearing for Denial, Refusal to Renew, Revocation, or Suspension.

7635 Sending an Operation Final Notice of Suspension, Refusal to Renew, Revocation, or Denial

Revision 25-3; Effective Aug. 15, 2025

CCE notifies the applicant or permit holder that the decision to refuse to renew, revoke, suspend, or deny the permit is final when:

• the opportunity to request a due process hearing has passed; or
• the decision is upheld through due process.

Human Resources Code Section 42.077(a)

26 TAC Section 745.8659

CCE:

• sends the CLASS Form 2895 Final Adverse Action letter to the permit holder or applicant by both regular and certified mail, with a return receipt requested; and
• updates the due process fields in CLASS to ensure that the revocation or suspension is reflected on the HHSC public website.

References:

5612 Waiving the Right to Administrative Review
7632 Administrative Review for Adverse Action

7635.1 Additional Actions Taken by CCR Staff When Adverse Action Is Final

Revision 24-1; Effective Feb. 20, 2024

Procedure

After receiving CLASS Form 2895 Final Adverse Action letter from CCE, the regional director sends a copy of the letter to the:

1. program administrator;
2. supervisor;
3. inspector; and
4. CBCU inspector.

7636 Follow-Up to Final Notice of Suspension, Revocation, or Denial

Revision 24-2; Effective May 22, 2024

Procedure

Within two weeks after CCE mails the final notice of refusal to renew, revocation, suspension, or denial, the CCR inspector conducts a follow-up inspection to:

• verify if the operation is caring for children; and
• collect the permit if it has not been returned.

If the inspector previously confirmed closure of the operation after delivery of CLASS Form 2880 Intent to Impose Adverse Action letter, then a follow-up inspection is not necessary.

Reference

Follow-Up After Delivery of Notice of Take Adverse Action When Operation Required to Close Immediately, 7631.5 

If no one is present at the operation, the inspector:

1. documents the inspection type as Follow-up if the inspector observes enough to confirm the operation is no longer caring for children;
2. documents the inspection type as Attempted if the inspector is not able to determine if the operation is still caring for children;
3. documents the observations made during the inspection as a Chronology in CLASS using the Monitoring category type; and
4. consults with the supervisor to decide the next course of action.

If the operation is caring for children, the inspector informs the supervisor, who notifies the regional director. The regional director begins the CCE referral process.

If the refusal to renew, revocation, suspension, or denial involves a state-operated operation, the regional director notifies the associate commissioner of CCR.

References

State-Operated Child Care Operations, 2130 
Injunction, Including Temporary Injunction, 7710.
 

Revision 25-3; Effective Aug. 15, 2025 

HHSC requests a district court to impose an action to address an issue at an operation.

Judicial actions may include a:

• temporary restraining order;
• temporary injunction;
• permanent injunction; or
• combination of the three.

26 TAC Sections 745.8603(a)(3) and 745.8681

7710 Injunction, Including Temporary Injunction

Revision 25-3; Effective Aug. 15, 2025 

After evaluating CCRs referral, CCE may request an injunction from the Office of the Attorney General. CCE may request an injunction upon finding:

• there is substantial risk of immediate harm to the health and safety of children in the care of an operation; or
• an operation subject to regulation is operating illegally and has failed to submit an application.

26 TAC Section 745.8681

HRC Section 42.074

7711 Following Up During an Injunction

Revision 24-2; Effective May 22, 2024

Procedure

After a court issues an injunction, the inspector, program administrator, regional director, and an Enforcement attorney for Child Care Licensing develop a plan for follow-up.

The inspector follows up to find out if the operation is obeying the court order. If it is not, the inspector submits a subsequent referral for an enforcement action to CCE.

CCE may file for contempt in district court when appropriate for violations of temporary restraining orders and injunctions.

Reference

Submitting a Subsequent Referral Action to Child Care Enforcement, 5723

7720 Civil Penalties and Criminal Offenses

Revision 24-2; Effective May 22, 2024

CCE evaluates CCRs referral for adverse action and considers filing for civil penalties and criminal offenses. If CCE determines a civil penalty is warranted, CCE consults with the Office of the Attorney General.

7720.1 Civil Penalties

Revision 24-2; Effective May 22, 2024

HRC Section 42.075 provides for civil penalties for any person who:

• threatens serious harm to a child in an operation by violating statues, administrative rules, or minimum standards;
• violates a provision of the statute, administrative rules, or minimum standards three or more times in a 12-month period;
• places a public advertisement for a facility or home that is subject to regulation without having the required license, registration or listing;
• knowingly fails to meet or maintain any criterion of an exemption and engages in activities that require a license or registration; or
• fails to inform CCR of a change in status and knows the change requires the person to be licensed or registered.

7720.2 Criminal Offenses

Revision 24-2; Effective May 22, 2024

HRC Section 42.076(a)-(c) state that the following are criminal actions and the offender is subject to criminal penalties:

• a person who operates a child care operation or child placing agency without a license commits a Class B misdemeanor;
• a person who operates a family home without a required listing or registration commits a Class B misdemeanor; and
• a person who places a public advertisement for an unlicensed facility or an unlisted or unregistered family home commits a Class C misdemeanor.

HRC Section 42.056 provides for a Class B misdemeanor criminal offense if:

• the director, owner, or operator of a facility or family home knowingly:
  • fails to submit to CCR information about a person for use in background checks; and
  • employs the person at the facility or family home or otherwise allows the person to regularly or frequently stay or work at the facility or family home while children are being provided care; or
• the director, owner, or operator of a facility or family home receives notice from CCR that, based on the results of a person’s background check, the person may not be present at the facility or family home and the director, owner, or operator knowingly:
  • employs the person at the facility or family home; or
  • otherwise allows the person to regularly or frequently stay or work at the facility or family home while children are being provided care.

HRC Section 42.0761 provides for Class B misdemeanor criminal offense when an owner or operator of a licensed child care center knowingly operates the center:

• without a director who meets the qualifications of a director or interim director; or
• without the routine presence of a director or interim director during the licensed child care center’s hours of operation.

HRC Sections 42.056; 42.075; 42.076; 42.0761

7730 Settlement of Legal Case

Revision 24-2; Effective May 22, 2024

When a legal case is settled, CCE notifies CCR of the outcome.

If the settlement allows the operation to continue or resume providing care to children, CCR staff consult with their supervisor and the regional program administrator to determine a plan for monitoring the operation.

If the settlement does not allow the operation to provide care, CCR staff conduct inspections as provided in the following table.