Child Care Services Guide - F-400: Providers Placed on Corrective or Adverse Action by the Texas Department of Family & Protective Services

F-401: General Information

The Texas Department of Family and Protective Services (DFPS) may place child care providers on corrective or adverse action if the provider has repeated violations of child care licensing standards.

DFPS corrective actions are steps that DFPS may impose on an operation to assist it in becoming compliant with standards, rules and child care law. These actions are imposed when an operation has repeated deficiencies in standards that do not endanger the health and safety of children. Licensing staff may place the operation on evaluation or probation.

DFPS adverse actions are steps that Child Care Licensing may take to force an operation to close.  Adverse actions are taken when an operation has been cited for deficiencies that pose a risk to the health and safety of children, or if there are indications of a continued failure to comply with standards, rules or child care law.  Adverse actions include denial of an application, revocation or suspension of a permit or an adverse amendment with conditions on a permit.

Texas Workforce Commission rules require Workforce Development Boards to take certain actions if DFPS places a child care provider serving subsidized children on corrective or adverse action.

Return to Top

F-402: Providers Placed on Evaluation Corrective Action

For a provider placed on evaluation corrective action (evaluation status) by Texas Department of Family and Protective Services (DFPS), Workforce Development Boards must ensure the following:

  • Parents with children enrolled in Texas Workforce Commission (TWC)–funded child care are notified in writing of the provider’s evaluation status no later than five business days after receiving notification from TWC of DFPS’ decision to place the provider on evaluation status.
  • Parents choosing to enroll new children in TWC-funded child care with a provider on evaluation status are notified in writing of the provider’s evaluation status prior to enrollment.

- Rule Reference: §809.94(a)

 

Return to Top

F-403: Providers Placed on Probation Corrective Action

For a provider placed on probation corrective action (probationary status) by Texas Department of Family and Protective Services (DFPS), Workforce Development Boards must ensure the following:

  • Parents with children in Texas Workforce Commission (TWC)-funded child care are notified in writing of the provider’s probationary status no later than five business days after receiving notification from TWC of DFPS’ decision to place the provider on probationary status.
  • No new referrals are made to the provider while on probationary status.

- Rule Reference: §809.94(b)

Return to Top

F-404: Reimbursements for Providers on Corrective Action

For a provider placed on evaluation or probationary status by Texas Department of Family and Protective Services, Workforce Development Boards (Boards)  must ensure that while on evaluation or probationary status the provider is not reimbursed at the Boards’ enhanced reimbursement rates, described in B-703: Enhanced Reimbursement Rates.

- Rule Reference: §809.94(d)

Return to Top

F-405: Providers Placed on Adverse Action

When Texas Department of Family and Protective Services (DFPS) is taking adverse action against a provider, Workforce Development Boards must ensure the following:

  • Parents with children enrolled in Texas Workforce Commission (TWC)-funded child care with the provider are notified, in writing or by telephone, no later than two business days after receiving TWC notification that DFPS intends to take adverse action against the provider.
  • Children enrolled in TWC-funded child care with the provider are transferred to another eligible provider no later than five business days after receiving TWC notification that DFPS intends to take adverse action against the provider.
  • No new referrals for TWC-funded child care are made to the provider while DFPS is taking adverse action.

- Rule Reference: §809.94(e)

Boards must take the above actions for situations in which DFPS has determined that the provider poses an immediate risk to the health or safety of children and cannot operate pending appeal of the adverse action, but a valid court order has overturned DFPS’ determination allowing the provider to operate pending administrative review or appeal. 

- Rule Reference: §809.94(f)

Return to Top

F-406: Summary of Required Actions for Providers on Corrective or Adverse Action

The following table summarizes the actions to be taken when a child care provider has been placed on corrective or adverse action with Texas Department of Family and Protective Services:

Status

Required Notification of Parents

Required to Stop New Enrollments

Required to Remove Currently Enrolled Children

Provider Eligible to Receive Enhanced Rates

Evaluation Status

Yes

No

No

No

Probationary Status

Yes

Yes

No

No

Adverse Action

Yes

Yes

Yes

No

 

Return to Top

F-407: Notification to Boards of Providers Placed on Corrective or Adverse Action by Texas Department of Family and Protective Services

Workforce Development Boards (Boards) must be aware of the following:

  • Texas Department of Family and Protective Services will notify the Texas Workforce Commission (TWC) on a weekly basis of providers placed on corrective or adverse action during the previous week.
  • TWC will send Boards a list of providers placed on corrective or adverse action with DFPS.  

Boards must ensure that parents are notified of a provider’s status only after receiving official notification from TWC.

Return to Top

F-408: Written Notification to Parents Regarding Providers Placed on Corrective or Adverse Action

Workforce Development Boards (Boards) may develop letters to notify parents of a provider’s status with Texas Department of Family and Protective Services.

However, Boards must ensure the following:

  • The Parent Notification of Child Care Provider Placed on Corrective Action MS Word form, or a locally developed corrective action notification form, is included with the letter to parents. 
  • Locally developed forms retain the following:

Return to Top

F-409: Parents Requesting Transfer to Another Eligible Provider

Workforce Development Boards (Boards) must be aware of the following:

  • A parent requesting transfer to another eligible provider is not required to submit the request in writing, and can submit the transfer request over the phone.  
  • Transfer requests, in writing or by telephone, must be made within 14 calendar days of the date of the notification.

Boards must be aware that if, within the 14 calendar days, the parent requests to transfer the child because the provider is on corrective or adverse action, then the transfer must not be counted against the parent under the Board’s transfer policy.

Rule Reference: §809.94(e)

Return to Top

Part A - Definitions

Part H - Consumer Education and Child Care Quality Activities

Part J - Appendix