Revision 24-2; Effective May 22, 2024
CCR staff determine if CCR has regulatory authority to regulate a program by:
- evaluating the program; and
- determining if the program fits the definition of:
- subject to regulation;
- not subject to regulation; or
- exempt from regulation.
Subject to regulation: A program that meets the definition of a child care facility or child-placing agency per HRC Section 42.002 and requires regulation unless the program meets the criteria for an exemption.
Not subject to regulation: A program is not subject to regulation if it is not a child care facility or child-placing agency per HRC 42.002. A facility operated on a federal installation, such as a military base or Indian reservation is not subject to regulation by CCR. A state agency has no jurisdiction or authority to regulate such facilities.
Exempt from regulation: A program that does not require a permit from CCR based on exemption criteria in HRC and TAC. A program exempt from regulation by CCR may operate legally without:
- receiving a permit from CCR; or
- complying with the statutes, administrative rules, or minimum standards that govern regulated child care in Texas.
2210 When CCR May Become Aware of a Program
Revision 24-2; Effective May 22, 2024
CCR staff may become aware of a program that may be subject to regulation when:
- CCR receives a report of an alleged unregulated operation;
- the Unregulated Operations Unit (UOU) conducts a search for unregulated operations and finds an advertisem*nt for a program possibly subject to regulation;
- a program submits an exemption request form; or
- an applicant or potential applicant asks about the regulation process and indicates they are operating or have operated a program subject to regulation in the past.
2211 Becoming Aware of a Program After Receiving a Report of a Possible Unregulated Operation
Revision 24-2; Effective May 22, 2024
When CCR receives a report of an alleged unregulated operation, CCR staff conduct the investigation per 6530 Investigations of Unregulated Operations. They decide if the operation is subject to regulation per 2220 Determining if a Program is Subject to Regulation During an Investigation of an Unregulated Operation.
2212 Becoming Aware of a Program When UOU Conducts Searches for Unregulated Operations
Revision 24-2; Effective May 22, 2024
UOU staff conduct searches for unregulated operations per Texas Government Code Section 531.0084. If the operation appears to be subject to regulation and CCR does not have information or records that show the operation is exempt, CCR staff follow procedures in:
- Entering Reports for Unregulated Operations Identified by the Unregulated Operations Unit, 6221.41;
- Investigations of Unregulated Operations, 6530; and
- Determining if a Program is Subject to Regulation During an Investigation of an Unregulated Operation, 2220.
2213 Becoming Aware of a Program After Receiving an Exemption Request Form
Revision 24-2; Effective May 22, 2024
When a program submits an exemption request form, CCR staff decide if the program would be subject to regulation by CCR without an exemption per 2200 Determining CCR’s Authority to Regulate a Program. CCR staff follow the guidance in 2230 Next Steps After Evaluating an Exemption Request.
Reference Exemption Request Forms, 2422.
2214 Becoming Aware of a Program When a Program Currently Operating or has Operated in the Past Contacts CCR
Revision 24-2; Effective May 22, 2024
CCR may learn of a program that is operating or has operated in the past when it asks CCR about exemptions or the regulation process.
If the program is currently operating, does not appear to be exempt, or does not have an application for a permit submitted in CLASS, CCR staff:
- advise the person to complete and submit one of the following within five days of contact with CCR:
- an exemption request form; or
- an application for a permit to the local CCR office; and
- consult with the supervisor to decide if generating an intake report for an unregulated operation is necessary.
If the program has operated within the past 12 months, CCR staff:
- generate an intake report for an unregulated operation (DCCR only); or
- submit a report to Statewide Intake (SWI) (RCCR only).
References
When a Non-Exempt Program Does Not Take Steps to Become Regulated, Meet Criteria for an Exemption, or Stop Operating, 2441.1
Procedures When CCR Determines an Alleged Unregulated Operation is Subject to Regulation, 6537.2
2220 Determining if a Program is Subject to Regulation During an Investigation of an Unregulated Operation
Revision 24-2; Effective May 22, 2024
CCR staff determine if a program is subject to regulation when investigating a potential unregulated operation.
Procedure
CCR staff take the following actions during an unregulated operation investigation to help find out if the program is subject to regulation:
- get as much information as possible from the program including advertisem*nts, admission forms, policies and procedures, enrollment forms and websites;
- conduct an inspection, if needed;
- conduct surveillance per 6450 Conducting Surveillance (Day Care Only), if needed;
- compare the program information with statutory definitions of operations that are subject to regulation by CCR; and
- evaluate the information to decide if the program is subject to regulation.
The inspector may consult with the CCR supervisor to decide if more information is needed.
2221 If CCR Determines a Program is Not Subject to Regulation During an Investigation of an Unregulated Operation
Revision 24-2; Effective May 22, 2024
Procedure
If CCR staff determine a program is not subject to regulation during an investigation, staff:
- follow the procedures in 6537.1 Procedures When CCR Determines an Alleged Unregulated Operation is Not Subject to Regulation; and
- on the Illegal Operation main page in CLASS:
- enter a Closure Date, and
- select Not Subject to Licensing Regulation from the Closure Reason drop-down menu.
2222 If CCR Determines a Program is Subject to Regulation During an Investigation of an Unregulated Operation
Revision 24-2; Effective May 22, 2024
Procedure
If CCR staff determine a program is subject to regulation during an investigation of an unregulated operation, staff follow the procedures in 6537.2 Procedures when CCR Determines an Alleged Unregulated Operation is Subject to Regulation.
The program may submit an application for a permit, submit an exemption request, or discontinue operating.
2230 Next Steps After Evaluating an Exemption Request
Revision 24-2; Effective May 22, 2024
Procedure
CCR Determines a Program is Not Subject to Regulation by CCR After Evaluating an Exemption Request
If CCR staff review an exemption request and decide a program is not subject to regulation by CCR, staff:
- notify the program that it is not subject to regulation by sending the Exemption Response Letter (Form 2807) on the CCR SharePoint site; and
- follow the procedures outlined in 2450 Documenting Exemption Requests and Decisions.
CCR Determines a Program is Subject to Regulation by CCR After Evaluating an Exemption Request
If CCR staff determine a program would be subject to regulation without an exemption, CCR staff follow 2420 Determining if a Program is Exempt from Regulation to decide if the program is eligible for the exemption the program is requesting.
