The Texas Health and Human Services Commission (HHSC) licenses and enforces the laws and regulations against childcare administrators. They also handle any disciplinary complaints received against childcare administrators. Recently, HHSC adopted amended new rules that govern childcare administrators and their licenses. All childcare administrators must remain aware of these changes to avoid missteps leading to disciplinary licensing complaints.
An experienced childcare license defense attorney at Bertolino LLP can represent your interests in any proceedings you may face before your professional licensing agency. We can review the legal issues involved in your case and work to develop strategies to resolve those issues most effectively and minimize the sanctions against your license.
Revisions to General Licensing Standards for Childcare Administrators
26 Tex. Admin. Code §745.8906 establishes three types of licenses issued by the Child Care Regulation (CCR) of the HHSC:
- Full Child-Care Administrator’s License (CCAL)
- Provisional CCAL
- Full Child-Placing Agency Administrator’s License
Generally, a person must have a full CCAL to serve as a child-care administrator for a general residential operation, including a residential treatment center. However, §745.8907 outlines exceptions to that general rule, such as:
- Serving as an administrator for an operation providing only emergency care services;
- Serving under a provisional CCAL as allowed either:
- Under a valid out-of-state license; or
- Without management and supervisory experience.
Out-of-State Child Care Administrator Licenses
Revised §745.8913 addresses how individuals with out-of-state licenses in good standing can qualify for a CCAL without completing the examination, experience, and education prerequisites. This situation can occur when the other state’s licensing standards are substantially similar to Texas’s standards or through a reciprocity agreement between Texas and the other state.
CCR determines whether another state’s licensing standards are substantially similar to Texas’s licensing standards by examining the following factors:
- Whether the other state requires an applicant to pass an examination that demonstrates competence in the field of child care administration or placing children in residential settings, as appropriate, to obtain the license;
- Whether the other state requires an applicant to meet the full-time experience qualifications, as described in this division, to obtain the license;
- Whether the other state requires an applicant to meet the education qualifications, as described in this division, to obtain the license; and
- The other state’s license requirements, including the scope of work authorized to be performed under the license issued by the other state.
Individuals can qualify for provisional child-care administrator’s licenses without meeting the required management and supervisory experience if:
- The applicant meets all requirements in 745.8915(a)(1), (2), and (4);
- The applicant has six months of full-time experience in management or supervision of personnel;
- CCR has not denied the individual for a full CCAL based on one of the issues in 745.9037(a).
- 745.8933 outlines the general application requirements for an administrator’s license. Under §745.8976, a provisional CCAL is not renewable and remains valid for two years from the date of issuance. On the other hand, a permit for an out-of-state licensee is valid for up to 180 days and is extendable once for another 180 days.
Military Members, Spouses, and Veterans
Texas enacted §745.9023 et seq. to comply with a new provision of the federal Servicemembers Civil Relief Act. That provision is designed to make it easier for military spouses to work in their chosen professions based on their out-of-state licensure or certification. As a result, these new laws authorize an alternative licensing process for a military member, spouse, or veteran. This licensing process provides for substitute methods to demonstrate competency, a waiver of fees, and streamlined application requirements. Military members, spouses, and veterans also participate in an expedited licensing process due to their status.
Furthermore, military-affiliated individuals may act as child-care administrators for up to three years if they have a valid out-of-state license in good standing and meet certain other requirements. These requirements include documenting their military status and move to Texas, proof of the out-of-state license and the regulations determining the other state’s licensure, and an application. Nonetheless, approval under §745.9030 also expires as of the date the military member is no longer stationed in Texas.
Additionally, CCR can revoke approval to operate without a license under this section if the individual violates any of the provisions of §745.90307. Other grounds for revocation of this approval include the military member moving from Texas to another state or the individual’s out-of-state license no longer being in good standing.
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Bertolino LLP: The Law Firm Ready to Defend Your Interests
Retaining an experienced childcare license defense lawyer to represent you before your licensing agency or board is always in your best interest. We are here to protect our interests throughout every stage of your licensure or disciplinary proceedings. Contact the lawyers of Bertolino LLP today by calling (512) 980-3751 or visiting us online.
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