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Brownstone Residential Care

Child care center · 4910 BATAAN RD, Houston, TX 77033-2604 · License 1724200

0Compliance score
Poor

Capacity 10. 13-17

Violation history (500)

SeverityDateStandard / narrativeCorrected
2 748.393(a) - Active child record-kept at operation where child is receiving services
Some active child records were not available to be reviewed due to not being at the operation at the time of inspection.
4 748.3109(b) - Smoke Detector-Batteries must be changed annually or sooner, as required to maintain operable smoke detector units
Smoke detector was observed to have a beeping sound indicating that battery was low or needs to be replaced.
4 748.507(1) - Employee general responsibilities-Demonstrate competency, prudent judgment, self-control in presence of children and when performing assigned tasks
Children in care were assisting staff and intervening with another child in care having a manic episode.
4 748.930(b)(1)(A) - Annual Training-Caregivers in operations other than cottage homes must have 4 hrs of EBI every 6 months.
One of three employee files reviewed did not contain verification the employee had a refresher EBI training in about 9 months.
4 748.507(1) - Employee general responsibilities-Demonstrate competency, prudent judgment, self-control in presence of children and when performing assigned tasks
During the inspection, it was discovered staff and children expressed concern that an employee transported children and served as a caregiver while under the influence of alcohol and administration failed to respond in a timely and appropriate manner. The facility is no longer in operation, mitigating risk in this standard.
Yes
3 748.161(a)(1) - Fiscal requirements - pay employees timely
No policy about fiscal requirements.
4 748.3233(b)(3) - Evacuation-Emergency evacuation & relocation diagram must include designated location inside operation to take shelter from threatening weather
Policy does not indicate the area designated inside of the house to take shelter.
2 748.1205(a)(2) - Admission Documentation-Includes court orders establishing who is the managing conservator for the child, if applicable
In admission assessment missing a spot for the phone number and address of the conservator.
3 748.3273(2) - First Aid Kits-Each one must contain adhesive tape
Four out of four first aid kits observed during the inspection was missing adhesive tape, thermometers, tweezers, and disposable gloves.
Yes
3 748.363(4) - Personnel records-Include evidence of valid professional licensures, certifications, or registrations required for the position
In staff file missing a place for certifications such as high school diploma.
3 748.881(7) - General pre-service training curriculum-Includes normalcy
Two out of three employee files reviewed did not contain verification of the required pre-service training regarding normalcy.
4 748.3301(f) - Physical Site-The grounds of the operation must be well maintained and free of hazards
During the walk-through an operation of holes were observed in the children in care bedroom walls, 30 gallon trash can filled with water in the backyard, missing boards on the fence outdoors, and mold in a closet in children bedroom,
1 748.395(1) - Active child record - All documentation in the record no later than 30 days after occurrence or event
All active records were not in the files reviewed timely.
2 748.363(12) - Personnel records - Include any documentation of the person's performance with the operation
In staff file missing a place for staff evaluations.
2 748.1539(b) - Immunizations-The operation must maintain current immunizations records for each child in care, including any exemptions or exceptions
One of three youth files reviewed did not include an immunization record or reasoning explaining for the lack of it.
3 748.363(3) - Personnel records-Include current job description
In staff file missing a place for the job description.
5 748.151(1) - Operational responsibilities - Designate a qualified full-time child-care administrator
The operation has been without an administrator for more than 120 days.
5 745.4151(c)(4)(A) - Mandatory drug testing-all applicants intended to be hired are subject to pre-employment testing, must have results prior to child access
Three employee records reviewed did not contain verification of pre-employment drug tests completed.
3 748.393(b)(3) - Active child record - Ensure record is kept accurate and current
2 same medications log for the month of September 2023 for 1 child med log was reviewed. One of the med logs stated that Fluticasone Propio 50 MG was administered for the 1st of September 2023 at 7:15am and initialed by one staff while the second medication log for the month of September 2023 for same child stated that same medication was administered on the 1st of September at 7am and initialed by another staff.
4 748.3441(m) - Food Preparation-Food must be thawed in the refrigerator, in cold water in a leak-proof bag, or in the microwave
It was observed that there were two originally packaged packs of fish in the sink in water thawing. The staff removed the packages of fish and begin to prepare dinner.
Yes
3 748.311(8) - Serious Incident Documentation-Includes interventions made during and after the incident, i.e. medical interventions, contacts made, other actions
Two out of two serious incident reports reviewed did not include the interventions made by staff or the resolution to the incident.
5 748.505(b)(2) - Minimum qualifications for employees-Record of a TB screening showing the employee is free of contagious TB as provided in 749.1583
One out of three employee records reviewed did not contain documentation of a current TB test to meet the requirements.
2 748.1351 - Initial Service Plan-Implement & follow plan as soon as all team members have reviewed/signed it, but no later than 15 days after date of meeting
Service Plan completed for a child in care on 08/12/2023 indicates that the child should not be placed in a bedroom with any other children. This child was instead placed in a room with two roommates.
3 748.399(a) - Records Available for Licensing-all active records immediately available for review and reproduction
Records requested from the operation on 11/21/2023 were not received until 12/20/2023.
2 748.161(b) - Fiscal requirements - Maintain complete financial records that comply with Generally Accepted Accounting Principles
Missing policy.
2 748.869(a)(3) - Pre-Service Training- Must include a certificate, letter, or a signed and dated statement of successful completion from the training source.
One of three staff records read was observed to be missing date of pre-service training.
5 745.641 - AP Background check results - Must receive notification prior to allowing subject to be present at your operation
Two staff members with pending background checks were supervising children in care.
3 748.505(b)(4) - Minimum qualifications for employees-Complete notarized Licensing Affidavit for Applicants for Employment form
One out of three employee files reviewed did not contain an Affidavit for Employment.
5 748.2605(a)(1) - Personal Restraints Prohibited-Restraints that impair child's breathing by putting pressure on child's torso
Operation staff laid on top of a child in care to gain control during a restraint.
3 748.393(b)(1) - Active child record-Includes child's full name and another method of identifying the child, such as a client number
Two out of two youth files reviewed did not have a second means of identification for the youth in care such as a client number.
3 748.399(a) - Records Available for Licensing-all active records immediately available for review and reproduction
CCI Investigator requested for medication logs for all children for 2023 but the operation was not able to provide the records upon request.
4 748.393(b)(2) - Active child record-Includes known allergies and chronic conditions or
Two out of three child files reviewed did not have in a clearly visible place to indicate if the child had any known allergies or chronic conditions.
3 748.881(1) - General pre-service training curriculum-Includes topics appropriate to the needs of children for whom the caregiver will be providing care
Three staff files reviewed did not contain verification of pre-service training regarding the needs of children.
3 748.363(7) - Personnel records-Include notarized Licensing Affidavit for Applicants for Employment form as specified in Human Resources Code, 42.059
One out of three employee files reviewed did not include a signed and notarized Affidavit for Employment.
4 748.3301(i) - Physical Site-Equipment and furniture must be safe for children and must be kept clean and in good repair
Two window blinds were observed to be damaged.
4 748.2307(8) - Other Prohibited Punishments-humiliating, shaming, ridiculing, rejecting, or yelling at a child
A staff member admitted to calling a child in care a "crackhead".
3 748.3301(g) - Physical Site-The grounds must be free of garbage & debris & maintained in a sanitary manner
Fence on backyard was exposed with barbb wire and other boards were observed to be warped. Some boards in the backyard fence were missing. There broken chairs both in the front and back yards. Standing water was observed on the trash can lid in the backyard of facility. Standing water was observed in two buckets in the backyard yard. Grass in both front and back yards was failed to be maintained.
4 748.3351(1) - Interior Space-Provide living space, appropriate furnishings, & bathroom facilities that are safe, clean and maintained in good repair
A hole was observed in the wall of the dining room of facility. A broken cabinet door was observed in the wet bar area. Door of 2nd restroom was observed to be cracked. Carpet in storage room was observed to be soaking wet. Outlet covering in the living area was observed to be exposed. Cracks were observed in a couple of the walls along with the floor in the dining area appearing to be slanting.
3 748.3395(b)(4) - Hand-washing-Provide hand-washing sinks equipped with soap & a personal towel, single-use disposable towels, or hot air hand dryers
During walk through, it was observed that the childrens bathroom was unequipt with handsoap and tissue.
Yes
3 748.453(c) - Unauthorized Absence - Annual summary logs should be available to Licensing for review and reproduction, upon request.
Missing a log for unauthorized absences.
3 748.3239(b) - Evacuation-Must practice severe weather drill at least once every 6 months from date of last severe weather drill
Missing from policy.
4 748.2151(c)(4) - Medication record - must include medication name, strength and dosage
Three out of three medication records reviewed did not contain the dosage documented on the medication record.
3 748.531(a)(3) - Child-care administrator-Is full-time employee of the operation
The operation's administrator does not work full time hours at the operation.
4 748.3421(3) - Poisons-Ensure poisonous/flammable material isstored in an area that is inaccessible to children unless child is capable to use responsibly.
Cleaning supplies were observed to be stored in two accessible areas for youth in care.
Yes
3 748.3443(b)(1) - Food Preparation-Must have a thermometer in refrigerators & store refrigerated food at 40 degrees Fahrenheit or below
No thermometer in refrigerator.
2 748.1209(b)(12) - Child Orientation-Include general daily schedule for routine activities
Missing a general daily schedule for children.
2 748.1331(a) - Preliminary Service Plan-Complete plan that addresses child's immediate needs within 72 hours of admission
Two out of three child files reviewed did not contain a preliminary service plan.
3 748.3301(a)(2) - Physical Site- Buildings must be clean and in good repair.
During the inspection, the operation was observed to not be clean evidenced by a urine smell in two of the bedrooms and old food on the floor behind the stove.
Yes
5 748.3301(a) - Physical Site-Buildings must be structurally sound, clean, and in good repair. Paints must be lead-free
The shed in the backyard is not in good repair or structurally sound.
3 748.151(3) - Operational responsibilities - Maintain current, true, accurate, and complete records
Operation provided an inaccurate copy of a child's service plan.
4 748.881(4) - General pre-service training curriculum-Includes steps to preventing the spread of communicable diseases
Three employee files reviewed did not contain verification of the required pre-service training regarding communicable diseases.
3 748.363(4) - Personnel records-Include evidence of valid professional licensures, certifications, or registrations required for the position
There is no verification of licensure for the treatment director in the file.
3 748.453(c) - Unauthorized Absence - Annual summary logs should be available to Licensing for review and reproduction, upon request.
The unauthorized absence log was not available upon request.
5 748.151(1) - Operational responsibilities - Designate a qualified full-time child-care administrator
The operation has not had an administrator for more than 90 days.
4 748.393(b)(2) - Active child record-Includes known allergies and chronic conditions or
Two out of two youth files reviewed did not have the youth's known allergies or medical conditions documented in a clearly visible place within the file.
3 748.535(1) - Child-care administrator responsibilities-Daily supervision and on-site administrative responsibility for the overall operation
There is not always administrative staff present at the operation during normal business hours to assist with administrative duties such as allowing Licensing to conduct an inspection.
4 748.1661(d) - Tobacco Products-No one may smoke tobacco products, e-cigarettes, or vaporizers in motor vehicles when transporting children in care
A caregiver was photographed smoking while transporting youth in care in a vehicle.
4 748.1209(c)(1) - Child Orientation - Include information on how to make complaints to outside agencies
Two out of three youth orientation did not include process for making complaints to outside agencies.
3 748.363(8) - Personnel records - Include signed dated statement by the employee that he must immediately report suspected child abuse, neglect, or exploitation.
Two out of three employee records reviewed did not contain an acknowledgement signed of reporting abuse/neglect.
4 748.2151(d) - Medication Record-must include accurate daily count of each prescribed medication, unless operate on a cottage home model
Two medications reviewed for one youth in care was documented with the wrong ending count.
3 748.363(1) - Personnel records-Include date of employment
Two out of three employee files reviewed did not have an identifiable date of employment for the employee.
5 745.641 - AP Background check results - Must receive notification prior to allowing subject to be present at your operation
One current employee did not have an active background check.
3 748.363(7) - Personnel records - Include statement signed and dated by the employee that he has read a copy of the operational policies
Two out of three employee records reviewed did not contain an acknowledgement signed of the operational policies.
4 748.1003(a) - Child/caregiver ratio-Caregiver may care for 5 children if any require tx svcs, 8 children if not; children under 5 yrs old count as 2 children
The operation was not in ratio during awake hours.
3 748.453(c) - Unauthorized Absence - Annual summary logs should be available to Licensing for review and reproduction, upon request.
The unauthorized absence log was not available upon request.
4 748.1531(d) - Medical care-Obtain follow-up medical treatment as recommended by the health-care professional
A youth did not obtain follow up treatment in the recommended timeframe as recommended by a healthcare professional.
5 748.3931(a)(1) - Weapons- Handguns are not permitted at an operation or during any type of activity.
During the course of the investigation, it was discerned staff transported a child in a vehicle with a handgun present as well as another staff reportedly storing a handgun in their vehicle on site.
Yes
3 748.363(7) - Personnel records - Include statement signed and dated by the employee that he has read a copy of the operational policies
In staff file missing a place for a statement that staff has read the operations policies.
4 748.2103(a) - Medication Storage & Destruction-Discontinued or expired meds & meds left at the operation must be inventoried & stored separately from current meds
Two discharged youth's medications were stored in the same box with current youth's medications.
Yes
2 748.751(b)(2) - Pre-Employment Screening-You must document the results of any contact with an applicant's previous employers in the personnel file.
One out of two employee files reviewed did not contain documentation to show employment history was verified.
4 748.3301(f) - Physical Site-The grounds of the operation must be well maintained and free of hazards
Loose wooden boards and a broken pipe were observed lying around in the backyard.
2 748.3239(d) - Evacuation-Must document fire and severe weather drills, including date, time, type of drill, and length of time for evacuation/relocation
Missing from policy.
3 748.363(5) - Personnel records-Include copy of a cleared tuberculosis screening conducted prior to the person having contact with children in care
In staff file missing a place for TB test.
1 748.395(1) - Active child record - All documentation in the record no later than 30 days after occurrence or event
Three out of three youth files reviewed were missing several documents in the files that the operation provided separately.
5 748.1101(b)(1)(B) - Children's rights-Adhere to the child's rights to be free of abuse, neglect, and exploitation
During the inspection, it was determined a staff member had inappropriate sexual relations with children in care; staff was neglectful in supervision resulting in a child gaining access to, and being arrested for the possession of, staff's firearm; and staff being neglectful in supervision by leaving children in care alone and unsupervised at the facility while providing a child keys which access medications, supplies, and other prohibited areas. The facility is no longer in operation, mitigating risk in this standard.
Yes
4 748.863(a)(3) - Caregiver for child-care or prog. svcs only must have 8 hours EBI training, 4 before counted in ratio, rest in 90 days; 16hrs for treatment svcs
Two out of three employee files reviewed only contained verification for 8 hours completed for EBI training instead of the required 16 hours.
2 748.1539(b) - Immunizations-The operation must maintain current immunizations records for each child in care, including any exemptions or exceptions
One out of three youth records reviewed did not contain an immunization record or documentation to verify attempts to obtain were made.
5 745.8411(a) - Responsibilities - Not interfere with an inspection or investigation
During the investigation, it was discerned the owner of the operation questioned children following investigation issues, promised them bribes to present well, instructed staff to alter or omit documentation to prevent or reduce investigations, and failed to respond appropriately to allegations by staff and children. The facility is no longer in operation, mitigating risk in this standard.
Yes
3 748.363(2) - Personnel records-Include documentation showing that the person meets minimum age and qualifications for the position
In staff file missing a place for how they meet the age requirement.
4 748.3301(i) - Physical Site-Equipment and furniture must be safe for children and must be kept clean and in good repair
Three doors off the hinges were observed leaning against a wall in a storage room easily accessible to youth in care inside a youth bedroom.
3 748.685(c)(6) - Implement and follow the children's service plans.
During the investigation, it was discovered a child with sexual aggression history was placed with a roommate who had sexual victimization history, violating the aggressor child's service plan. The facility is no longer in operation, mitigating risk in this standard.
Yes
4 748.121 - Abuse and neglect policy - You must develop policies on preventing, recognizing, and responding to abuse and neglect of children
There is no abuse neglect policy.
3 748.3273(2) - First Aid Kits-Each one must contain adhesive tape
Two out of two first aid kits were observed to be missing scissors, gloves, cotton balls, adhesive tape, tweezers, thermometers, adhesive bandages, and the first aid guide.
Yes
4 748.3301(f) - Physical Site-The grounds of the operation must be well maintained and free of hazards
During the walkthrough, two wood plank boards were observed lying on the floor exposed in one of the common areas.
Yes
3 748.399(a) - Records Available for Licensing-all active records immediately available for review and reproduction
Not all requested child documents were provided or provided within the specified timeframe.
3 748.151(3) - Operational responsibilities - Maintain current, true, accurate, and complete records
The staff list provided still included 4 previous employees.
4 748.881(5) - General pre-service training curriculum-Includes location and use of fire extinguishers and first aid equipment
Three employee files reviewed did not contain verification of the required pre-service training regarding location and proper use of the fire extinguisher and first aid equipment.
3 748.2205(2) - Medication label error-Have the label on the medication container corrected as soon as possible, but no later than the next business day
A medication label was said to have had the wrong quantity printed compared to the medication log reviewed, but the operation failed to get the label corrected.
3 748.3239(a)(3) - Evacuation-During each fire drill, children must be able to safely exit building to designated meeting place within 3 minutes
Twelve fire drills conducted by the operation were indicated to have lasted significantly longer than three minutes.
3 748.535(1) - Child-care administrator responsibilities-Daily supervision and on-site administrative responsibility for the overall operation
An attempt was made by CCI to do an on-site inspection and no one was there.
4 748.3421(3) - Poisons-Ensure poisonous/flammable material isstored in an area that is inaccessible to children unless child is capable to use responsibly.
A cleaning product was observed during the inspection accessible to youth in care under an unlocked bathroom sink.
Yes
1 748.1205(a)(6) - Admission Documentation-Includes medication the child is taking
Missing a place for medications child is taking.
3 748.1583(a) - TB exam-Persons over 1 yr old who live, work, volunteer at facility have exam w/in 30 days, unless person had previous exam that meets requirements
One out of two employee records reviewed indicated the TB skin test was completed more than 30 days after hire.
2 748.361(a) - Personnel records - All active records maintained at the operation
Staff records were not available to be reviewed immediately at operation.
Yes
3 748.363(5) - Personnel records-Include copy of a cleared tuberculosis screening conducted prior to the person having contact with children in care
One out of three staff files reviewed did not contain documentation of a TB skin test being completed.
3 748.363(6) - Personnel records-Include notarized Licensing Affidavit for Applicants for Employment form as specified in Human Resources Code, 42.059
One out of one employee file reviewed did not contain a signed Employee Affidavit.
2 748.1205(b)(2) - Admission Documentation-For child admitted for emergency care svcs, meet 748.1205(a) within 72 hrs or document efforts made to obtain information
One out of three youth files reviewed did not contain documentation to indicate immunization records were attempted to be obtained.
3 748.311(3) - Serious Incident Documentation-Includes name, age, gender, and date of admission of the child or children involved
The serious incident report did not have the names of the children involved in the incident.
2 748.117 - Transitional living policy - For operations who offer a transitional living program, you must develop policies
Missing entire policy
3 748.303(a)(10)(B) - Serious Incident-Report to parents no later than 6 hours after determining unauthorized absence of a child 13 years old or older.
The unauthorized absence incident is documented to have occurred on 9/12/23 at 3:45pm, but the children's parent was not notified until 9/13/23 at 8:37pm.

Severity 5 = most serious. Source: official state record.

Inspections (312)

312 inspection record(s) on file from TX-HHSC.

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