The Texas Health and Human Services Commission (HHSC) monitors licensed childcare administrators for compliance with all applicable laws and rules. Failure to follow these laws can result in disciplinary action against childcare administrators and their facilities. When facing adverse consequences due to a disciplinary proceeding before your licensing board, you likely need the advice and counsel of an experienced child care license defense attorney. We have provided you with some Frequently Asked Questions (FAQ) about disciplinary license proceedings for childcare administrators.
Frequently Asked Questions
- 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 divisions addressing aging, disability, disaster relief, food, finances, health, mental health and substance abuse, and family and safety. The Child Care Regulation (CCR) division:
- Provides technical assistance to childcare administrators
- Monitors facilities and agencies for compliance
- Regulates childcare operations and placement agencies
- Protects the safety, health, and well-being of children in care
- Investigates complaints against childcare administrators and agencies
- Informs the public about facilities, regulations, and minimum standards of care
What constitutes a childcare administrator for licensing purposes?
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 or shares duties with others.” All general residential operation administrators must be licensed by HHSC. A general residential operation provides care for seven or more children for 24 hours a day, including 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 your application, you can request an appeal hearing within 30 days. HHSC must hold the hearing within 30 days. If the denial is upheld, you can further appeal in district court within 30 days of HHSC’s final decision.
How does the HHSC handle complaints against licensed childcare administrators?
HHSC investigates complaints to determine validity. They pursue disciplinary proceedings against administrators who violate minimum standards or commit abuse or neglect of children in their care.
What are some grounds for disciplinary action against a licensed childcare administrator?
Common grounds include:
- Violating or attempting to circumvent applicable rules or laws
- Engaging in fraud or deceit
- Providing false or misleading information during application or renewal
- Having a criminal history prohibiting childcare work
- Using drugs or alcohol impairing ability to perform duties
- Negligent performance of administrative duties
- Engaging in conduct that makes the license holder ineligible for employment or permits
What happens when HHSC investigates a childcare administrator?
HHSC notifies the administrator of allegations. The administrator can respond and present evidence. Legal representation is allowed throughout the investigation and disciplinary process.
Am I entitled to a hearing if HHSC finds I have committed misconduct as a childcare administrator?
If informal resolution fails, either party can request a formal hearing at the State Office of Administrative Hearings (SOAH) before an administrative law judge (ALJ). The hearing resembles a court trial, and if violations are found, disciplinary sanctions may be imposed.
Can I continue to work as a childcare administrator during disciplinary proceedings?
You may continue working unless HHSC determines an immediate threat to child safety. In that case, HHSC will suspend your license and notify your employing facility, if applicable.
What are the potential penalties for disciplinary action by the HHSC?
Possible penalties include:
- Voluntary action or plan of action
- Corrective actions and probation, which may include:
- Regular reporting to HHSC
- Limiting practice to prescribed areas
- Professional education until skill improvement is demonstrated
- Emergency and/or involuntary license suspension
- License revocation (reapplication prohibited for at least five years)
- Payment of administrative penalties
- Judicial action
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