- What is the Texas Health and Human Services Commission (HHSC)?
- What constitutes a childcare administrator for licensing purposes?
- Am I entitled to a hearing if HHSC denies my application for a childcare administrator’s license?
- How does the HHSC handle complaints against licensed childcare administrators?
- What are some grounds for disciplinary action against a licensed childcare administrator?
- What happens when HHSC investigates a childcare administrator?
- Am I entitled to a hearing if HHSC finds I have committed misconduct as a childcare administrator?
- Can I continue to work as a childcare administrator during disciplinary proceedings?
- What are the potential penalties for disciplinary action by the HHSC?
What is the Texas Health and Human Services Commission (HHSC)?
The Texas HHSC is a state agency with different divisions addressing aging, disability, disaster relief, food, finances, health, mental health and substance abuse, and family and safety. One division of HHSC focuses on child care regulation (CCR), including:
- Providing childcare administrators with technical assistance to meet CCR rules, regulations, and standards;
- Monitoring child care administration facilities and agencies for compliance;
- Regulating child care operations and child placement agencies;
- Protecting the safety, health, and well-being of children in the care of childcare administrators;
- Investigating complaints against childcare administrators and child-placing agencies; and
- Informing the public and parents about childcare facilities, regulations, and HHSC minimum standards of care for facilities.
What constitutes a childcare administrator for licensing purposes?
Under Texas law, a childcare administrator is “a person who supervises and exercises direct administrative control over a childcare institution and who is responsible for its program and personnel, whether or not the person has an ownership interest in the institution or shares duties with other persons.” All child care administrators of general residential operations must be licensed by HHSC. A general residential operation is “a childcare facility that provides care for seven or more children for 24 hours a day, including facilities known as residential treatment centers and emergency shelters.”
Am I entitled to a hearing if HHSC denies my application for a childcare administrator’s license?
If HHSC denies an application for a child care administrator’s license, the applicant will receive notice and the chance to request an appeal hearing before HHSC. An appeal hearing must be held within 30 days of the applicant’s request. If HHSC upholds its original denial of licensure, the applicant can then file a further appeal in the district court in the county in which they live within 30 days of receiving notice of HHSC’s final decision.
How does HHSC handle complaints against licensed childcare administrators?
When HHSC receives a complaint against a licensed childcare administrator, it investigates the complaints to determine the validity of the allegations. HHSC will pursue disciplinary proceedings against licensed childcare administrators whom they find to have violated minimum standards or committed abuse or neglect of a child in their care.
What are some grounds for disciplinary action against a licensed childcare administrator?
The most common grounds for discipline against a licensed childcare administrator include the following:
- Violating any rules or laws applicable to the profession;
- Circumventing or attempting to circumvent any applicable rules or laws;
- Engaging in fraud or deceit related to any applicable rules or laws;
- Providing false or misleading information to HHSC during the license application or renewal process;
- Stating a material fact during the license application or renewal process that the person knows or should know is false;
- Having either:
- A criminal history or central registry record that would prohibit them from working in a childcare facility; or
- A criminal history relevant to the duties of a licensed child care administrator;
- Using drugs or alcohol in a way that jeopardizes their ability to function as an administrator;
- Negligently performing duties as a child care administrator; or
- Engaging in conduct that makes the license holder ineligible for:
- A permit for a facility or family home; or
- Employment as a controlling person or service in that capacity in a facility or family home.
What happens when HHSC investigates a childcare administrator?
Once the HHSC launches an investigation of misconduct by a childcare administrator, they will notify the administrator of the allegations in the complaint. The administrator will have the chance to respond to the allegations in the complaint and present evidence on their behalf. A childcare administrator has the right to an attorney throughout an investigation and subsequent disciplinary proceedings.
Am I entitled to a hearing if HHSC finds I have committed misconduct as a childcare administrator?
If you cannot informally resolve the allegations against you with the HHSC, either party can request a formal hearing at the State Office of Administrative Hearings (SOAH). Although a hearing at SOAH is an administrative hearing before an administrative law judge (ALJ), the hearing is similar to a court trial in which you present evidence and question any witnesses. After the hearing, if the ALJ finds that you committed the alleged violation(s), you may be subject to disciplinary sanctions by HHSC.
Can I continue to work as a childcare administrator during disciplinary proceedings?
A childcare administrator may continue working in that position throughout their disciplinary proceedings. The only exception is if HHSC determines that allowing the individual to do so would pose an immediate threat to the health or safety of a child. In that case, the HHSC will notify the individual of their immediate license suspension and their employing facility, if applicable.
What are the potential penalties for disciplinary action by the HHSC?
You can face various penalties in disciplinary proceedings by the HHSC, including the following:
- Implementing a voluntary action or plan of action;
- Taking corrective actions, including evaluations and potential placement on probation, which can include the following:
- Reporting regularly to HHSC on the conditions of probation;
- Limiting practice to the areas prescribed by HHSC; or
- Continue or renew professional education until you attain a degree of skill satisfactory to HHSC in areas where improvement is a condition of probation.
- Suspending your license on an emergency and/or involuntary basis;
- Revoking your license, which prohibits an individual from reapplying for licensure for at least five years;
- Paying administrative penalties;
- Becoming subject to judicial action.
Get the Advice You Need About Your Child Care Administrator License
Alleged violations of state laws, federal laws, and HHSC rules can lead to the potential loss of your license and career. When you are facing this situation, you cannot risk navigating this complex situation alone. The daycare license defense lawyers at Bertolino LLP help professionals like you defend themselves against disciplinary proceedings by HHSC. We can examine your circumstances and help you devise the most effective strategy to protect your license. Call us today at (512) 980-3751 or get more information about us online.
