Child Care Licensing
Texas licensing rules change
As many of you already know, several bills passed during the last legislative session impact child care operations—both center-based and home-based—in Texas.
One of the new laws went into effect on Sept. 1, 2011. It increases the number of training hours required for staff, directors, and operators of licensed centers, licensed homes, and registered homes. This law also requires that employees complete orientation within seven days of employment.
Another law goes into effect Jan. 1, 2012. It requires that all training be appropriate and relevant to the age of the children in care. Further, this training must be delivered by a trainer who meets one of seven qualifications. A director of a licensed center or primary caregiver of a licensed or registered home may provide training to staff as long as the Department of Family and Protective Services has not placed the operation on probation, suspension, emergency suspension, or revocation and has not assessed an administrative penalty in the two years preceding the training.
Self-instructional training will continue to be accepted as long as the training is created by an individual who meets one of the new trainer requirements. Please note that Texas Child Care Quarterly will no longer be accepted for self-instructional training beginning Jan. 1, 2012.
Child Care Licensing has created a document to inform you of the new laws and to assist you in complying with new requirements. Review and download the information from the CCL Internet website at www.dfps.state.tx.us/. Select Child Care Licensing, next go to Minimum Standards, and then look under the heading What’s New in Licensing.
If after reviewing the information online you have any questions or need further guidance regarding the new laws, contact your local licensing office.
New crib safety regulations
The U.S. Consumer Product Safety Commission (CPSC), the government agency charged with protecting the public from unreasonable risk of injury or death related to specific products, has adopted new federal regulations for crib safety that apply to both center-based and home-based child care programs. Review the new regulations so that you have time to replace out-of-compliance cribs.
Here are the most important things you need to know:
 All cribs must meet these new safety requirements, which include a ban on drop-side cribs.
No cribs made before July 2010 will meet the new safety standards, so they must be replaced. If you bought a crib after July 2010, check to make sure that it complies with the new safety requirements by reviewing the certificate of compliance. The certificate must indicate that it complies with 16 CFR 1219 (the new standard for full-size cribs) or 16 CFR 1220 (the new standard for non-full-size cribs).
Beginning Dec. 28, 2012, the federal law requires that your program must have only cribs that meet the new safety standards. When you buy new cribs, make sure the paperwork states that the crib complies with 16 CFR 1219 or 16 CFR 1220.
No one may sell or give away an old crib that does not meet the new safety requirements after June 28, 2011. When you get rid of cribs that do not meet the new requirements, you may not sell them or give them away. They must be destroyed or thrown away.
Some frequently asked questions—and answers
Q: My program does not have any cribs that have been recalled. Do I still need to replace them?
A: Yes, your program will need to replace all cribs that do not meet the new CPSC crib requirements.
Q: My child care program does not have any drop-side cribs. Do I have to replace the cribs?
A: Yes, the new requirements apply to all cribs, not just those with drop-sides.
Q: What is the difference between a crib with a drop-side and a crib with a drop-gate?
A: A drop-side crib is one in which a whole side may be lowered and raised, while a drop-gate crib is one in which only the top portion of the crib can move. The drop-gate design is allowed under the new crib regulations and is recommended for people who may have difficulty being able to safely move a child in or out of a fixed-side crib.
Q: My child care program uses mesh cribs and portable cribs. Do I need to replace these?
A: No, as long as these cribs have mesh, net, screen, or other non-rigid construction, they are not considered cribs. CPSC refers to these as play yards and is developing separate requirements for them.
Q: Where do I get a copy of the certificate of compliance?
A: Crib manufacturers are required to have a certificate of compliance for any cribs they make. Often the retailer will have this, but you may need to request it. Some manufacturers and retailers have the certificate of compliance available to download from their websites.
Q: My program uses hospital cribs. Do we need to replace these?
A: This depends on whether the crib is a medical device. CPSC crib standards do not apply to medical devices. If the crib is considered a medical device and is used by a child with special care needs, as documented by the child’s health care professional, then it does not have to be replaced. Note that cribs that meet the definition of a device in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §201(h)) are subject to regulation by the Food and Drug Administration (FDA), not CPSC. If this is not the case, the cribs must be replaced and meet the CPSC crib standards.
The CPSC website has a crib information center that you may find helpful at www.cpsc.gov/. This information may also be accessed through the Child Care Licensing website at www.dfps.state.tx.us. Select “Child Care Licensing” and then “Minimum Standards.” Look for the link to U.S. Consumer Product Safety Commission: Crib Information Center.
If you have any questions, contact your licensing representative for assistance. |
