The commission may suspend, place on probation, or revoke a facility’s license or a family home’s registration in specified noncompliance situations, and it must give notice before probation starts.
Sec. 42.071. SUSPENSION OR PROBATION OF LICENSE OR REGISTRATION. (a) The commission may suspend the license of a facility or the registration of a family home that has temporarily ceased operation but has definite plans for starting operations again within the time limits of the issued license or registration. (b) The commission may suspend a facility's license or a family home's registration for a definite period rather than deny or revoke the license or registration if the commission finds repeated noncompliance with standards that do not endanger the health and safety of children. To qualify for license or registration suspension under this subsection, a facility or family home must suspend its operations and show that standards can be met within the suspension period. (c) If the commission finds a facility or family home is in repeated noncompliance with standards that do not endanger the health and safety of children, the commission may place the facility or family home on probation rather than suspend or revoke the facility's license or the family home's registration. The commission shall provide notice to the facility or family home of the probation and of the items of noncompliance not later than the 10th day before the probation period begins. During the probation period, the facility or family home must correct the items that were in noncompliance and report the corrections to the commission for approval. (d) The commission shall revoke the license of a facility or the registration of a family home that does not comply with standards at the end of a license or registration suspension. (e) The commission may suspend or revoke the license of a facility or the registration of a family home that does not correct items that were in noncompliance or that does not comply with required standards within the applicable probation period. Acts 1979, 66th Leg., p. 2365, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 111, ch. 23, Sec. 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 1081, Sec. 2, eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 1022, Sec. 35, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997. Amended by: Acts 2019, 86th Leg., R.S., Ch. 394 (S.B. 781), Sec. 7, eff. September 1, 2019.