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Divinity Family Services

Child care center · 1312 BANDERA HWY, Kerrville, TX 78028-9547 · License 1037686- 6271

0Compliance score
Poor

Violation history (500)

Severity	Date	Standard / narrative	Corrected
5	—	745.8311(b) - Waiver/Variance - Comply w/ each condition while in effect Condition for variance was not met upon review.	—
5	—	749.2593(a)(2) - Supervision-The caregiver is responsible for being aware of and accountable for each child's on-going activity A child in care was not appropriately secured/supervised with a safety belt while in a shopping cart and the child fell.	—
3	—	749.511(2) - Serious Incident Documentation-Includes time and date of incident A child in care was admitted to the hospital on 11/09/2021 and the incident report did not include the time of day. The incident report also states that the child is zero months old.	—
4	—	749.503(a)(2)(A) - AP Serious Incident-Report to Licensing critical injury or illness that warrants treatment by a medical professional/hospitalization Incident was not reported within 24hrs of incident.	—
5	—	745.8311(b) - Waiver/Variance - Comply w/ each condition while in effect Variance conditions were not completed due to missing documentation in the children records.	—
3	—	749.553(10) - Personnel records-For each person who transports a child, include copy of valid driver's license or DPS driver's license check done in last 12 months There was a citation issued for driving a vehicle without a license.	—
5	—	749.1003(b)(1)(B) - Children's rights-Safety & care including right to be free from abuse, neglect and exploitation This standard was found deficient as part of a DFPS Investigation.	—
3	—	749.1111(a) - Child Orientation-Provided to child who is 5 years old or older within 7 days of admission and geared to child's intellectual level 2 of 2 child records reviewed did not have completed orientation records within seven days.	—
5	—	749.1003(b)(1)(B) - Children's rights-Safety & care including right to be free from abuse, neglect and exploitation Foster parent physically disciplined the children which led to injury to the children. It was also determined that the 3 children were left home alone without adult supervision for long periods of time.	—
4	—	749.3079(3) - Food Storage-food items must be protected from contamination There was dog defication on the floor in the kitchen area next to food.	—
5	—	745.8311(b) - Waiver/Variance - Comply w/ each condition while in effect Home variance reviewed did not have documentation to reflect discussions and child interviews with household members related to imposed conditions.	—
4	—	749.3041(1) - Physical Environment-Foster home must ensure that home is safe for children, kept clean, and in good repair Bedroom door in the home is damaged. Bathroom used by children in care was not clean, and there is a leak under the sink. Additionally, both bathroom sinks are having issues with water pressure.	—
3	—	749.503(a)(10)(A) - Serious Incident-Report to Licensing no later than 24 hours after awareness that a child contracts reportable communicable disease Child tested and received results on the 17th. Operation was notified on the 18th and reported the finding on the 19th.	—
5	—	749.1521(1) - Medication Storage-Store medication in a locked container Medication box was observed to be on the counter, not double locked, upon CCI arrival. The box lid was closed and the lock was hanging but not locked. Medication was also observed on the kitchen counter. Foster mother stated that she had use the medication earlier in the day and didn't lock it back.	—
5	—	745.635(2) - AP Background check determination - If ineligible then you must immediately remove subject from operation and confirm to CBCU receipt of notice letter Foster parent allowed a visitor with an ineligible background check in the home.	—
3	—	749.503(a)(10)(A) - Serious Incident-Report to Licensing no later than 6 hours after determining unauthorized absence of a child 13 yrs old or older. Incident occurred 11/20/23 3 to 5am and not reported until around 5pm that same day.	—
4	—	749.2599(1) - Supervision-16-year-old or older may serve as babysitter with child placement management staff approval and established limits on duration/frequency Foster parent admitted that a youth babysat children in care without prior authorization.	—
5	—	749.1003(b)(1)(B) - Children's rights-Safety & care including right to be free from abuse, neglect and exploitation Former foster parent inappropriately touched a child in care and emotionally, mentally, and physically harmed the child.	—
5	—	749.607(1) - Employee and caregiver responsibilities-Competency, prudent judgment, self-control in presence of children and when performing assigned tasks Foster parent drinks an excessive amount of alcohol in the presence of child in care.	—
4	—	749.3039(d) - Outdoor Equipment-must be appropriate, cleaned, maintained, and repaired Play equipment is cracked and accessible to child in care.	—
3	—	749.933(a)(2) - Training Timeline-Each person must complete the required annual training during each subsequent 12-month period or beginning of provision of care. Annual trainings were reviewed and it was determined that annual trainings were late.	—
5	—	749.1003(b)(4)(A)(ii) - Children's rights-Adhere to the child's rights to be free from being subjected to corporal punishment It was determined based on interviews that foster parent would use corporal punishment on a child in care	—
3	—	749.63(1) - Types of services-Must only provide services listed on permit At the time of the sampling visit the home was not appropriately licensed for a child placed in the home.	—
5	—	749.1957(1) - Other Prohibited Discipline-Any harsh, cruel, unusual, unnecessary, demeaning, or humiliating discipline or punishment A child in care had to hold their arms up in time out for 2-5 minutes when disciplined by the foster parents.	—
2	—	749.1153(b) - Dental Requirements-Child 3 yrs old or older must have appt scheduled within 30 days after admission, and the exam within 90 days after admission One of the child's records reviewed identified that a dental exam was not conducted timely. The exam was conducted more than 30 days after the child was admitted.	—
5	—	749.1463(b)(9) - Administration of Medication-Ensure child is not given prescription medication or treatment except on written health-care professional orders A medication record reviewed indicated a child was given two medications not according to professional orders.	—
4	—	749.503(a)(2)(A) - AP Serious Incident-Report to Licensing critical injury or illness that warrants treatment by a medical professional/hospitalization A foster parent indicated they notified their case manager on 12-26-2022 (verified with text messages) that the hospital admitted a foster child that same day for respiratory illness. Operation personnel indicated the operation did not report this hospital admission until 01-09-2023.	—
5	—	749.607(1) - Employee and caregiver responsibilities-Competency, prudent judgment, self-control in presence of children and when performing assigned tasks Caregiver allowed a registered offender to have an over night visit at the home.	—
5	—	745.635(3) - AP Background ck determination - If provisionally eligible w/conditions or eligible w/conditions you must restrict duties per conditions/restrictions The investigation revealed email correspondence which indicate an employee who was provisionally prohibited from supervisory work was directing and managing subordinate staff.	—
4	—	749.2447(22)(A) - Foster Home Screening-Agency documents prospective foster parent's ability to work with specific kinds of behaviors, backgrounds, special needs The foster home's home study behaviors and background section only documented the foster home's suitability to work with a foster child who wanted to be placed there, but not the specifics of the behaviors and characteristics with which the foster parents are willing to work.	—
4	—	749.1521(7) - Medication Destruction-Remove medication on/before expiration date & store it in separate locked area until destroyed within 30 days Multiple expired medication products were stored with current medication.	—
1	—	749.1313(a) - Initial Service Planning Team-Agency must give child's parent and foster parent at least two weeks advance notice of the review Three of Three child records did not have an invitation notice for the intial service plan.	—
4	—	749.3041(2) - Physical Environment-Foster home must ensure that equipment and furniture are safe for children, kept clean, and in good repair A child was injured while using a learning toy that was not age appropriate.	—
4	—	749.2815(b) - Supervisory Visits-At least two supervisory visit per year must be unannounced An agency home did not have unannounced supervisory visits for the year 2021.	—
4	—	749.2593(b)(4) - Supervision-When supervising a child, a caregiver must take into account the surrounding circumstances, hazards, and risks A safety plan was put in place that foster parent's boyfriend was not allowed to have contact with the children in care. The safety plan was violated as the boyfriend came to the home and had contact with the children at the time of removal.	—
2	—	749.1331(1) - Service Plan Review and Update-Review and update the plan for children receiving child-care services at least 180 days from the date of last plan Record review of child service plans revealed a review of service plan was done on 06/14/2019 and the next one was done 210 days after on 01/10/2020.	—
4	—	749.2051(a)(2) - Emergency Behavior Intervention-Use personal restraint only if agency policies permit and requirements of this subchapter are met It is found that trainings were not conducted on 2/15/24, and foster parent admitted that holds are still being utilized within the last two months.	—
1	—	749.1313(a) - Initial Service Planning Team-Agency must give child's parent and foster parent at least two weeks advance notice of the review 7 of the 14 children's records reviewed did not give the parties involved 2 weeks advance notice of the initial service plan meeting,	—
5	—	749.1003(b)(1)(B) - Children's rights-Safety & care including right to be free from abuse, neglect and exploitation Caregiver admitted to giving the children in the home alcohol as well as smoking Marijuana with them.	—
4	—	749.503(a)(2)(A) - AP Serious Incident-Report to Licensing critical injury or illness that warrants treatment by a medical professional/hospitalization It was determined that a critical injury requiring medical treatment was not reported timely.	—
4	—	749.2599(1) - Supervision-16-year-old or older may serve as babysitter with child placement management staff approval and established limits on duration/frequency Based on information gathered during interviews, It was found that the foster parents 16 year old biological child has served as a babysitter for the children without approval.	—
5	—	749.2593(a)(3) - Supervision-The caregiver is responsible for ensuring each child's safety and well being, including auditory and/or visual awareness of the child A child in care was supervised by an unauthorized caregiver.	—
3	—	749.503(a)(10)(A) - Serious Incident-Report to Licensing no later than 24 hours after awareness that a child contracts reportable communicable disease A child in care tested positive for COVID-19 on 1/28/22 and it was not reported to RCCR until 2/4/22.	—
5	—	745.621(a)(6) - AP Initial background check submitted - between 90 days before and 90 days after non-client resident becomes 14 years A resident within a home turned 14 years and a background check was not conducted timely.	—
3	—	749.503(c) - Serious Incident?Doc unauthorized absence that does not meet the reporting time reqs defined in subsection (a)(7)-(9) of this section in 24 hrs Agency did not document additional incident report after a child in care ran away a second time within the same day.	—
5	—	749.2593(a)(3) - Supervision-The caregiver is responsible for ensuring each child's safety and well being, including auditory and/or visual awareness of the child Two children in care were left unattended for 1 hour without supervision.	—
3	—	749.1307 - Service Planning-Complete the initial service plan within 45 days after child is admitted At the time of the sampling visit a service plan was not completed within the appropriate time frame.	—
5	—	745.621(a)(7) - AP Initial background checks submitted - At the time you become aware of anyone requiring a background check under 745.605 Operation failed to timely submit initial background check of an individual requiring a background check.	—
4	—	749.930(c)(2) - Annual Training-Each caregiver must complete 2hrs annual training on trauma informed care. Two training records reviewed for this branch showed the 2 foster parents did not complete the training within the 12 month period	—
4	—	749.1813(a)(1) - Infant requirements-A foster home may not use baby walkers with infants A child in care was observed in a baby walker.	—
4	—	749.503(a)(2)(A) - AP Serious Incident-Report to Licensing critical injury or illness that warrants treatment by a medical professional/hospitalization A child in care (6 months old) was admitted to the hospital on 11/09/2021 at 1:00 a.m. and the incident was not reported to licensing until 11/10/21 at 7:25 pm.	—
4	—	749.519(a) - AP Within five days after you receive notification of a deficiency as described in 749.517 you must notify the parents of each child admitted. Operation conducted the parent notification after 12 days of being notified of the findings for standard 749.1003(b)(1)(B).	—
3	—	749.605(b)(4) - Minimum qualifications for employees-Complete notarized Licensing Affidavit for Applicants for Employment form During the inspection it was observed, that 1 out of 5 staff records were missing a notarized affidavit for employment.	—
5	—	749.2961(a)(1)(A) - Weapons-If weapons/explosives/projectiles allowed, must ensure locked storage for weapons and ammunition Lock box that is used for gun storage has a broken lock. Gun was stored in foster parent's backpack.	—
5	—	745.641 - AP Background check results - Must receive notification prior to allowing subject to be present at your operation Frequent visitors of the home did not have required background checks.	—
4	—	749.503(a)(2)(A) - AP Serious Incident-Report to Licensing critical injury or illness that warrants treatment by a medical professional/hospitalization The foster parent took child in care to Christus Santa Rosa Hospital on 6/30/2024. Incident report does not show this was reported to Licensing. Doctor treating child in care repositioned their elbow to put it back in place.	—
3	—	749.1301(a) - Preliminary Service Planning-Complete a preliminary service plan that addresses child's immediate needs within 72 hours of admission One of three child records did not have a prelim service plan present in the child file. One of three child records did not have prelim completed timely.	—
4	—	749.930(c)(1) - Caregiver?s for children receiving childcare, programmatic or PMN services must have 4hrs EBI or 8hrs for emotional disorders, IDD or ASD. Caregivers did not complete training for TBRI 2023.	—
4	—	749.2447(22)(C)(iv) - Foster Home Screening- Agency documents ability to provide respite services to children with specific gender, age, and needs. There was no documentation in the foster home screening regarding whether or not the family will provide respite services on 5 out of 10 foster home records reviewed.	—
5	—	749.1003(b)(4)(A) - Children's rights-Adhere to the child's rights to be free from any harsh, cruel, unusual, unnecessary, demeaning, or humiliating punishment During the interview with foster parent they admitted to pouring water over child in care as a way to calm the child down.	—
5	—	749.2593(a)(3) - Supervision-The caregiver is responsible for ensuring each child's safety and well being, including auditory and/or visual awareness of the child A foster child stayed overnight at the home of a relative of the foster family. The managing conservator indicated the foster child was allowed to stay overnight at the homes of known persons only if the foster parents notified the managing conservator and went with the foster child. The managing conservator indicated this did not happen in this situation. The foster parent denied these requirements. The foster child's service plan also indicates the foster child is to be in close proximity to the foster parents.	—
5	—	HRC42.056(g) - BGC-persons cannot provide direct care/have direct access to children without all required background checks unless they meet certain criteria. The foster parents did not have active background when they provided respite.	—
5	—	749.1957(1) - Other Prohibited Discipline-Any harsh, cruel, unusual, unnecessary, demeaning, or humiliating discipline or punishment A child in care was called damaged by foster parent and foster parent would bring up the child's history in the presence of others. A child in care had to pick up trash around the community as punishment.	—
4	—	749.2599(1) - Supervision-16-year-old or older may serve as babysitter with child placement management staff approval and established limits on duration/frequency Children in care were required to serve as babysitters for other children. Children's service plans state the following "Children in care must not have supervision responsibility for other children in the home."	—
1	—	749.1319(b) - Service plan documentation-The professional service provider must sign and date the plan; must document any disagreement with plan before signing it 4 Service plans reviewed were not signed by professional service provider.	—
4	—	749.2599(1) - Supervision-16-year-old or older may serve as babysitter with child placement management staff approval and established limits on duration/frequency It was determined based on interviews that a child in care would babysit other children in care without prior authorization. The child's Service Plan states "Children in Care must not have supervision responsibility of other children in the home."	—
5	—	745.621(a)(1) - Initial background checks submitted - At the time you submit your application A child was supervised by 4 unauthorized caregivers who do not have background checks.	—
5	—	745.8311(b) - Waiver/Variance - Comply w/ each condition while in effect Condition for variance was not met upon review.	—
4	—	749.2053 - Emergency Behavior Intervention-Only a qualified caregiver may administer emergency behavior intervention, except short personal restraint It is found that trainings were not conducted on 2/15/24, and foster parent admitted that holds are still being utilized within the last two months.	—
4	—	749.503(a)(2)(A) - AP Serious Incident-Report to Licensing critical injury or illness that warrants treatment by a medical professional/hospitalization The agency did not report the child in care was injured and had to get medical treatment from a medical professional.	—
3	—	749.1307 - Service Planning-Complete the initial service plan within 45 days after child is admitted Initial service plan was not present for two of three child records.	—
4	—	749.2599 - Supervision-A child 16 years old or older may serve as a babysitter for foster care children under the age of 13 Foster parent admitted that a youth, under the age of 16, babysat children in care without prior authorization.	—
3	—	749.605(b)(4) - Minimum qualifications for employees-Complete notarized Licensing Affidavit for Applicants for Employment form One staff affidavit was dated and signed two weeks prior to being notarized, indicating that that document wasn't notarized in the presence of the notary.	—
4	—	749.1803(c) - Infant requirements-An infant's caregiver must ensure that the environment is safe There are missing outlet covers on the majority of the electrical outlets in the apartment.	—
5	—	749.2593(a)(3) - Supervision-The caregiver is responsible for ensuring each child's safety and well being, including auditory and/or visual awareness of the child There were occasions in which children in care were unsupervised at the pool. CVS worker did not give approval. In addition, there were postings at the pool stating children under the age of 18 needed adult supervision as there was no lifeguard on duty.	—
4	—	749.1401(a)(3) - General medical requirements-A child in care must receive medical care as needed for ongoing maintenance of medical health The documentation of the hospital visit stipulated a follow up visit three days later. The operation did not acquire a follow up visit for the foster child until 27 days after the initial hospital visit.	—
3	—	749.503(a)(10)(A) - Serious Incident-Report to Licensing no later than 24 hours after awareness that a child contracts reportable communicable disease COVID 19 was not reported within 24 hour timeframe. Diagnosis for one child on 01/11/2022 and another child on 01/13/2022, report to Licensing was done on 01/15/2022.	—
3	—	749.503(e)(4)(A) - Serious Incident-Report to Licensing no later than 24 hours after awareness if an adult contracts a reportable communicable disease. A communicable disease was not reported within 24 hours time period for the foster parent.	—
3	—	749.503(a)(11)(A) - Serious Incident-Report to Licensing no later than 24 hours after awareness that a child contracts reportable communicable disease A child in care contracted a communicable disease on 07/02/2022 and the operation did not report this to Licensing until 07/11/2022.	—
4	—	749.3039(e)(1) - Trampolines-use of and the number of children allowed at a time based on manufacturer's instructions The age of a child who was on a trampoline at the foster home did not meet the manufactured recommendations.	—
3	—	749.2595(b)(2) - Supervision-Video camera not used in child's bedroom unless child under 5 years old, has primary medical needs, or has service plan that permits use Camera is present in the children's room. Permission for the use of cameras is not present in-service plan.	—
4	—	749.2917 - Animals-animals at the home must be kept free of disease; must be vaccinated and treated by a licensed veterinarian, must not be a health risk 3 of the 4 household pets did not have required vaccinations.	—
3	—	749.3027(a)(3) - Bedrooms-Approval for child to share a bedroom with an adult caregiver documented, dated in the child's service plan Foster parent admitted that foster children sleep in caregivers bedroom. It was admitted that CPS was not informed of this arrangement.	—
3	—	749.509(a) - Reporting serious incident-All serious incident reports to Licensing must be made to the Texas Abuse and Neglect Hotline A reportable serious incident was not reported to the hotline timely.	—
5	—	749.1521(1) - Medication Storage-Store medication in a locked container Prescription medication was observed to be within reach of children, on the sink.	—
5	—	749.1957(1) - Other Prohibited Discipline-Any harsh, cruel, unusual, unnecessary, demeaning, or humiliating discipline or punishment Foster parent had dragged a child down some stairs and gave children hot sauce as a form of discipline.	—
3	—	749.1131 - You must complete a non-emergency admission assessment prior to admission Child record did not have a completed admission assessment prior to admission due to missing details and documents. Admission was 10/27/23, and further details were not provided until 11/2/23.	—
5	—	749.2593(a)(3) - Supervision-The caregiver is responsible for ensuring each child's safety and well being, including auditory and/or visual awareness of the child Children in care are not supervised when caregiver leaves the residence.	—
4	—	749.3079(1) - Food Storage-food items must be covered and stored off the floor Food was not properly stored.	—
3	—	749.511(9) - Serious Incident Documentation-Includes treating licensed health-care professional's name, findings, and treatment, if any An incident report did not have the treating licensed health-care professional's name.	—
3	—	749.2488(a) - Rights and Responsibilities-Must provide foster parents with written copy of rights and responsibilities statement Foster Parent rights form was not available at the operation at the time of inspection.	—
3	—	749.1005(a) - Informing child of rights-Review rights with child/parents within 7 days of child's admission; provide child/parents with written copy of rights Child rights form was not present within the appropriate time from admission.	—
1	—	749.1313(b) - Initial Service Planning Team-The child's record must include documentation of advance notice to parents and any responses 10 records reviewed did not provide documentation of notifications to foster parents of the initial service plan meeting.	—
5	—	749.1003(b)(4)(A)(ii) - Children's rights-Adhere to the child's rights to be free from being subjected to corporal punishment Previous household member admitted to hitting a child in care as a means to discipline. Foster parent admitted that the individual in question would push the child to correct them.	—
4	—	749.3041(1) - Physical Environment-Foster home must ensure that home is safe for children, kept clean, and in good repair During the walkthrough of the home, there was an ac vent cover in the kitchen that was not properly secure.	—
3	—	749.503(e)(4)(A) - Serious Incident-Report to Licensing no later than 24 hours after awareness if an adult contracts a reportable communicable disease. Agency did not report serious incident in a timely manner.	—
4	—	749.3041(2) - Physical Environment-Foster home must ensure that equipment and furniture are safe for children, kept clean, and in good repair During a walkthrough of the foster home, a broken drawer was observed with exposed nails.	—
2	—	749.1281(a)(2) - Subsequent Placement-If move is not an emergency, child placement management staff document review and approval in the child's record Documentation of the move and approval was not present within the child's record at the time of inspection.	—
3	—	749.503(a)(11)(A) - Serious Incident-Report to Licensing no later than 24 hours after awareness that a child contracts reportable communicable disease Child?s diagnosis of communicable disease was not reported within the 24-hour required time fame.	—
4	—	749.503(a)(2)(A) - AP Serious Incident-Report to Licensing critical injury or illness that warrants treatment by a medical professional/hospitalization The operation admitted a foster child's fracture was not reported to the DFPS hotline for nine days after the foster family became aware of it and provided medical documentation showing the date of diagnosis.	—

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

Inspections (863)

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

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