Child-Care Administrator License Defense

Requirements to Obtain a Child-Care Administrator License in Texas

Child-care administrators in Texas must meet specific requirements before becoming eligible to obtain a child-care administrator’s license or a child-placing agency administrator’s license. Some of these criteria could include:

• Management or supervisory experience earned within the last 10 years
• Experience and confidence as a child-placing agency administrator or child-care administrator
• Having sole or shared responsibility in a child-care operation program
• Supervising a minimum of one staff member in a child-care environment
• Completing Form 3016
• Evidence of a minimum of one year of supervisory or management experience in a licensed child-placing agency or residential child-care setting
• A Bachelor’s degree and a minimum of two years of full-time child-care experience or other child-care work-related experience, or a Master’s or Doctoral degree
• Passing a background check
• Turning in a criminal history affidavit
• Submitting educational transcripts
• Passing an exam that could cover a wide variety of child-care administrator topics, including professional ethics and administration, child psychology, program development, professional legal liabilities, and client rights

From there, child-care administrators will need to obtain continuing education credits and continue to renew their license every three years in order to maintain their active child-care administrator license status.

Common Types of Complaints Against Child-Care Administrators 

There are many reasons why your child-care administrator license could have a complaint brought against it. Child-care administrators are often subjected to complaints, some of which could include:

• Child-care facilities lacking adequate supervision
• Insufficient nurturing and care
• Children being fed improper meals
• Children being left in rooms without adults present
• Accusations of inappropriate discipline
• Unsafe child-care facility environments
• Materials and activities being inappropriate for children or not age-appropriate
• Failure to provide sanitary facility conditions

These are just a few of the reasons in which child-care administrators could find themselves the subject of complaints against their license. When your child-care administrator license is on the line, it is imperative that you defend yourself so you can get back to your life.

What Happens When Allegations Are Made Against Child-Care Administrators

Complaints against your professional license should be taken seriously from the start. The Texas Health and Human Services Commission (HHSC) is an agency designed to look into complaints against a licensed child-care administrator. Some of the Child Care Regulation (CCR) responsibilities provided by the HHSC include:

• Providing child-care administrators with technical assistance in regards to meeting the CCR rules, regulations, and standards
• Monitoring child-care administration facilities and agencies for compliance
• Regulation of child-care operations and child placement agencies
• Protecting the Safety, health, and well-being of children in the care of administrators
• Investigating complaints against child-care administrators and child-placing agencies
• Informing the public and parents about child-care facilities, regulations, and how specific facilities may be in compliance or noncompliance with HHSC minimum standards of care

If a complaint has been made against you, the HHSC will examine the validity of the allegations as well as reports of neglect or abuse. After the HHSC begins an investigation, an individual could face a risk of sanctions or other disciplinary actions against their license. During this process, individuals have the opportunity to respond to the allegations. They are also allowed to produce evidence in their defense.

If the HHSC is unable to reach a resolution, the complaint could be brought to an administrative law judge (ALJ) at the State Office of Administrative Hearings (SOAH), where you will have the opportunity to provide evidence and summon witnesses. If the ALJ determines that you did commit the alleged violation(s), then the HHSC may be able to temporarily suspend or indefinitely revoke your license.

Disciplinary Actions Child-Care Administrators Face 

HHSC Child Care Regulation will investigate complaints and allegations made against child-care administrators and child-placing agencies. Upon their investigation, they may recommend certain enforcement actions or sanctions depending on the details of the case. Some of the more comment types of enforcement actions you could face as a child-care administrator when a complaint is made against your license include:

• Implementing a voluntary action or plan of action
• Taking corrective actions, including evaluations and potential probation
• Adverse action includes denial of a child-care administrator license, revocation of your license, emergency suspension of your license, involuntary suspension of your license, or adverse amendment
• Administrative penalties
• Judicial action

Factors Used to Determine Sanctions

It is important to note that enforcement actions are not necessarily going to be progressive. The HHSC can impose any of the previously mentioned sanctions at any point in time based on the findings of their investigation. Some of the factors the CCR may take into account when determining whether to impose enforcement action against a child-care administrators license include:

• The child-care administrator’s knowledge of standards
• The child-care administrator’s knowledge of the facilities operations policies and procedures
• Compliance history
• The severity and scope of prior complaints
• Prior investigation history
• How previous complaints were handled
• The nature of the risk
• Systemic issues at the facility
• Operation capacity
• Number of children affected by the complaint
• The impact on the community

After evaluating the previously mentioned risk factors and more based on the details of the complaint in question, the HHSC can determine how to best approach any penalties they may impose against you.

The HHSC has the authority to impose administrative penalties, including license suspension or revocation prior to imposing any corrective actions or sanctions. For this reason, it is essential to take action to defend yourself when complaints have been made against your child-care administrator license.

How to Defend Your Child-Care Administrator License 

Once you have been made aware that a complaint has been made against your child-care administrator license or an investigation has been opened up into a complaint against you or your child-placing agency, it is important to get an experienced professional license defense attorney on your side.

Not only is it important to protect your child-care administrator license, but you could be facing criminal penalties depending on the details of your case. Your attorney will need to closely evaluate the details of your case to determine how to best approach the situation. We may find it necessary to present evidence that shows you were not acting in negligence or engaging in any type of child-care administrator misconduct, such as:

• Witness statements
• Depositions
• Expert testimony
• Video footage
• Photos
• Relevant documentation
• Parent statements
• Other supporting evidence

When your child-care administrator license is on the line, so is your entire future and your ability to support yourself and your family. Do not let a complaint made against you prevent you from continuing to do what you love. Take steps to address child-care administrator license complaints and protect your license from suspension or revocation when you contact a child-care administrator license defense attorney for help.