Executive Commissioner

Dr. Courtney N. Phillips

March 8, 2019

Debbie Ferguson
149 CODYBUG RD
ABILENE, TX 79602-5549

Operation #060808
Wylie Baptist Church CDC
Re: Intent to Impose Adverse Action

REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED

#70172400000066656615

Dear Ms. Ferguson:

On 01/01/1986, the Child Care Licensing (CCL) division of the Texas Health and Human
Services Commission (HHSC) issued you permit # 60808 to operate a(n) Licensed Child
Care Program located at 6097 BUFFALO GAP RD, ABILENE, TX 79606-4905. This letter
shall serve as notice that HHSC intends to revoke that permit.

Tex. Hum. Res. Code §42.072(a) authorizes HHSC to take adverse action against an
operation that does not comply with the minimum standards, rules, Chapter 42 of the Texas
Human Resources Code, or the specific terms of the permit.

On 9/18/2018, HHSC placed your operation on corrective action as a result of noncompliance

with the minimum standards, rules, or laws for a(n) Licensed Child Care Program.

After placing your operation on corrective action, HHSC conducted 7 inspection(s), during
which the conditions of your corrective action were evaluated. These inspections
demonstrated that your operation was not meeting the conditions of the corrective action.

40* Tex. Admin. Code §745.8605 sets forth the circumstances when HHSC may take a form of
enforcement action against an operation. HHSC applied this rule to the decision to take
enforcement action against your operation as follows:

Child-Care Licensing
14000 SUMMIT DR, AUSTIN, TX 78728
Debbie Ferguson
March 8, 2019
Page 2

Your operation has an extensive history of failing to comply with the Minimum Standards,
which are designed to ensure child safety in regulated child care. HHSC has repeatedly
attempted to help get your operation into compliance through corrective actions, namely,
evaluation and probation periods. The operation has been placed on 4 separate corrective
actions in the past 3 years. First, the operation was placed upon a Corrective Action
Evaluation, on January 28, 2016. This Evaluation was designed to address serious, ongoing
deficiencies occurring at the operation. HHSC developed a plan to help your operation come
into compliance, which included additional trainings for all staff.

The operation continued to accumulate deficiencies, so a second Corrective Action Evaluation

was put into place on July 7, 2016. Similarly, this plan was designed to help the operation
maintain compliance and included the requirement that all staff receive additional training.
Despite these interventions, the operation continued to accumulate deficiencies, so a
Correction Action Probation was instituted on January 9, 2017. This probationary period
included further instructions for maintaining compliance and mandates for further staff training.
The operation continued to accrue deficiencies, but was allowed off of probationary status on
November 27, 2017.

An investigation initiated in March of 2018 revealed multiple children at the operation suffered
from ongoing abuse and neglect. In addition, the operation continued to accumulate
significant, high-risk deficiencies, some of which have been cited repeatedly since the initial
Evaluation period began. On September 19, 2018, the operation was placed on its fourth
corrective action, through another Corrective Action Evaluation. This corrective action
required more training and gave specific goals for the director to follow to ensure compliance.
Despite the extensive efforts HHSC has made to encourage compliance at the operation, the
operation has failed to maintain compliance with the Minimum Standards. Instead, the
operation has continued to accumulate high and medium-high risk deficiencies. Most recently,
the operation was cited because a child was left completely unsupervised for over 20 minutes.
This incident was not reported to HHSC, as required. In addition, there is currently an open
abuse/neglect investigation.

It is evident that even with change of management and constant intervention from Licensing
through four different Corrective Actions, the operation is still unable to comply with and
maintain minimum standards, ultimately leaving children at risk. HHSC is entitled to take
enforcement action for: a single serious deficiency of minimum standards, rules, or laws,
including a finding of abuse or neglect or background check matches; several deficiencies that
create an endangering situation; a repetition or pattern of deficiencies; an immediate threat or
danger to the health or safety of children; a failure to meet the terms and conditions of your
evaluation or probation. Your operation has had multiple serious deficiencies which have been
repeated and demonstrate a clear pattern of non-compliance. Your operation has also failed
to maintain compliance, as required by the term of your current evaluation. As a result, an

Child-Care Licensing
14000 SUMMIT DR, AUSTIN, TX 78728
Debbie Ferguson
March 8, 2019
Page 3

enforcement action is appropriate.

40* Tex. Admin. Code §745.8654 describes when HHSC may revoke a permit for an issue
described in 40* Tex. Admin. Code §745.8605. Based on its application of this rule, HHSC has
determined that revocation is the appropriate form of enforcement action to take against your
operation:

HHSC may revoke your permit for an issue identified in 40 TAC §745.8605 if we determine
that:
your operation is ineligible for corrective action; we cannot address the risk at your operation
by taking corrective action or another type of adverse action; or revocation is otherwise
necessary to address the issue identified in 40 TAC§745.8605.

Your operation has been given repeated opportunities to demonstrate it can operate in
compliance and has failed to do so. The operation has been on some type of corrective action
for over 74% of the last 38 months and there continues to be a decline in compliance. Children
continue to be exposed to significant risks at your operation despite HHSC's attempts to
reduce risk through corrective actions. For these reasons, revocation is appropriate.

Copies of forms or letters from the inspections or investigations used as a basis for this action
are incorporated by reference and are enclosed with this notice. The deficiencies cited during
these inspections or investigations are listed below:

An investigation was completed by CARRIE AUSTIN, Licensing Staff, on 03/04/2019 and the
following standard(s) deficiencies were found:

746.1003(1) Director Responsibilities - Operate in

Compliance
746.1203(4) Responsibilities of Caregivers-
Supervision of Children

746.2805(7) Prohibited Punishments - Using

Harsh, Abusive or Profane Language

746.305(a)(5) Report Situation Placing Children at

Risk

746.307(a)(3) Parental Communication - Situation

that Placed a Child at Risk

Child-Care Licensing
14000 SUMMIT DR, AUSTIN, TX 78728
Debbie Ferguson
March 8, 2019
Page 4

746.701(2) Licensing Incident/Illness Report Form

- Situations Placing Children at Risk

An investigation was completed by CARRIE AUSTIN, Licensing Staff, on 11/28/2018 and the
following standard(s) deficiencies were found:

746.1201(1) Responsibilities of Employees and

Caregivers -Demonstrate
Competency, Good Judgment,
Self-control

746.2401(4) Basic Requirements for Infants -

Prompt Attention to Needs

746.2423 Naptime for Infants

746.2805(6) Prohibited Punishments - Humiliating,

Rejecting, Yelling

746.3317(7) Food Service and Preparation

Requirement - No Foods That Present
Choking Risk

An inspection was conducted by CARRIE AUSTIN, Licensing Staff, on 10/01/2018 and the
following standard(s) deficiencies were found:

746.2426 Infant May Not Sleep in a Restrictive

Device

An investigation was completed by NORAH ORCHARD, Licensing Staff, on 08/08/2018 and

the following standard(s) deficiencies were found:

746.1203(4) Responsibilities of Caregivers-

Supervision of Children

An inspection was conducted by NORAH ORCHARD, Licensing Staff, on 07/19/2018 and the
following standard(s) deficiencies were found:

746.1203(4) Responsibilities of Caregivers-

Supervision of Children

Child-Care Licensing
14000 SUMMIT DR, AUSTIN, TX 78728
Debbie Ferguson
March 8, 2019
Page 5

An investigation was completed by NORAH ORCHARD, Licensing Staff, on 05/21/2018 and

the following standard(s) deficiencies were found:

746.1203(2) Responsibilities of Caregivers - Know

Group Responsible For

An investigation was completed by NORAH ORCHARD, Licensing Staff, on 05/21/2018 and

the following standard(s) deficiencies were found:

746.305(a)(5) Report Situation Placing Children at

Risk

An investigation was completed by NORAH ORCHARD, Licensing Staff, on 05/14/2018 and

the following standard(s) deficiencies were found:

746.1203(4) Responsibilities of Caregivers-

Supervision of Children

An investigation was completed by NORAH ORCHARD, Licensing Staff, on 05/14/2018 and

the following standard(s) deficiencies were found:

746.1203(4) Responsibilities of Caregivers-

Supervision of Children

An investigation was completed by NORAH ORCHARD, Licensing Staff, on 04/26/2018 and

the following standard(s) deficiencies were found:

746.305(a)(5) Report Situation Placing Children at

Risk

An investigation was completed by NORAH ORCHARD, Licensing Staff, on 04/24/2018 and

the following standard(s) deficiencies were found:

746.2807 Employees Discipline Own Children

Child-Care Licensing
14000 SUMMIT DR, AUSTIN, TX 78728
Debbie Ferguson
March 8, 2019
Page 6

746.305(a)(5) Report Situation Placing Children at

Risk

An investigation was completed by CARRIE AUSTIN, Licensing Staff, on 04/06/2017 and the
following standard(s) deficiencies were found:

746.1203(4) Responsibilities of Caregivers-

Supervision of Children

An investigation was completed by CARRIE AUSTIN, Licensing Staff, on 02/13/2017 and the
following standard(s) deficiencies were found:

746.2805(4) Prohibited Punishments - Hitting with

Hand or Instrument

An investigation was completed by CARRIE AUSTIN, Licensing Staff, on 12/12/2016 and the
following standard(s) deficiencies were found:

746.1201(1) Responsibilities of Employees and

Caregivers -Demonstrate
Competency, Good Judgment,
Self-control

746.1203(11) Responsibilities of Caregivers - Share

Information with Incoming Caregiver

746.707 Incident/Illness Report Form Shared

with Parent

An inspection was conducted by NORAH ORCHARD, Licensing Staff, on 09/12/2016 and the
following standard(s) deficiencies were found:

746.1203(4) Responsibilities of Caregivers-

Supervision of Children

746.2415(6) AP Prohibited equip for infants-No

soft/loose bedding, blankets, sleep
positioners, stuffed toys, pillows,
bumper pads, in crib infants 12 mo or
less

Child-Care Licensing
14000 SUMMIT DR, AUSTIN, TX 78728
Debbie Ferguson
March 8, 2019
Page 7

An inspection was conducted by NORAH ORCHARD, Licensing Staff, on 08/10/2016 and the
following standard(s) deficiencies were found:

745.625(b) Renewal background checks

submitted - No later than two years
from the date of your most recently
requested initial or renewal
background check

745.8633 Meeting Requirement of Corrective

Action
746.4751(c) Maintenance Procedures for Active
Play - Hazards Removed or Repaired

An investigation was completed by JESSICA ROUTH, Licensing Staff, on 05/02/2016 and the
following standard(s) deficiencies were found:

746.1203(4) Responsibilities of Caregivers-

Supervision of Children

An inspection was conducted by NORAH ORCHARD, Licensing Staff, on 04/28/2016 and the
following standard(s) deficiencies were found:

745.625(b) Renewal background checks

submitted - No later than two years
from the date of your most recently
requested initial or renewal
background check

An investigation was completed by NORAH ORCHARD, Licensing Staff, on 04/20/2016 and

the following standard(s) deficiencies were found:

746.1201(1) Responsibilities of Employees and

Caregivers -Demonstrate
Competency, Good Judgment,
Self-control

Child-Care Licensing
14000 SUMMIT DR, AUSTIN, TX 78728
Debbie Ferguson
March 8, 2019
Page 8

746.305(a)(5) Report Situation Placing Children at

Risk

An investigation was completed by KIMI MOON, Licensing Staff, on 02/12/2016 and the
following standard(s) deficiencies were found:

746.1201(4) Responsibilities of Employees and

Caregivers -Ensure No Child Abused,
Neglected, or Exploited

746.1203(4) Responsibilities of Caregivers-

Supervision of Children

An inspection was conducted by NORAH ORCHARD, Licensing Staff, on 02/09/2016 and the
following standard(s) deficiencies were found:

745.8633 Meeting Requirement of Corrective

Action

HHSC has determined that your operation poses a risk to the health and safety of children.
Therefore, you must discontinue operating pending the outcome of a due process
hearing. Tex. Hum. Res. Code §42.072(e) and 40* Tex. Admin. Code §745.8875 require that
you cease operating unless a district court in Travis County or the county in which your
operation is located grants an injunction allowing you to operate pending your appeal. 40* Tex.
Admin. Code §745.751 lists the factors that HHSC considers when determining whether an
operation poses an immediate threat to the health or safety of children. HHSC considered the
severity of the deficiency, including abuse or neglect; the circumstances surrounding the
deficiency, including abuse or neglect; the seriousness of any injuries to children; the length of
time since the deficiency, including abuse or neglect, occurred; whether the deficiency has
been repeated; the compliance history of the operation; the current regulatory status of the
operation; the role of the person in the abuse or neglect finding; and the degree and/or
immediacy of the threat or danger.

Children in care at your operation have been abused, neglected and repeatedly exposed to
high and medium-high risk deficiencies. The operation continues to accumulate deficiencies
relating to, but not limited to inappropriate punishment, inappropriate supervision and a failure
to report incidents to HHSC. There is currently an open abuse/neglect investigation. Your
operation poses an immediate threat to the health or safety of children in care.

Child-Care Licensing
14000 SUMMIT DR, AUSTIN, TX 78728
Debbie Ferguson
March 8, 2019
Page 9

Within five (5) days of receipt of this letter, you must send a copy of this letter by certified mail
to the parents or managing conservator of each child currently enrolled in your operation, if
any. You must file the copies of the certified receipts with HHSC within five days after you
receive them. You must also notify anyone seeking to enroll a child in your operation of this
action.

You have the right to request an administrative review if you disagree with the decision to
impose adverse action. To request a review, you must send a written statement that includes
your reason for dispute to Amy Woodard, 14000 Summit Drive #100, Austin, Texas, 78728
(512) 834-3185 within fifteen(15) days of receipt of this letter. You may also expedite the
adverse action by sending a written statement that indicates your decision to waive your right
to an administrative review before the 15-day timeframe to submit the request expires. For
additional information concerning administrative reviews, please refer to 40* Tex. Admin. Code
§745.8809 - 8817.

If you do not request an administrative review, HHSC will issue you a decision notice
explaining your remaining due process rights.

You may not apply to HHSC for a child-care permit or be a controlling person at an operation
for five (5) years after the date that this adverse action takes effect.

Each controlling person with your operation will be designated as controlling and will receive a
letter offering an administrative review on that designation. A person's designation as a
controlling person will be sustained when the revocation and the due process for a designated
controlling person are final. A sustained controlling person cannot have a permit to operate a
child-care operation or be a controlling person for five years.

You must post this notice in a prominent place near all public entrances immediately
following receipt.

*Currently, Child Care Licensing rules are located in Title 40 of the Texas Administrative Code. The
rules will be transferred to Title 26 at a later date.

Child-Care Licensing
14000 SUMMIT DR, AUSTIN, TX 78728
Debbie Ferguson
March 8, 2019
Page 10

Sincerely,

AMY WOODARD
District Director
512-834-3185

Enclosure(s):
Inspection and Investigation Forms and Letters
Texas Administrative Code §745.751
§745.8601-§745.8613, §745.8801-§745.8817
Chapter 42 Texas Human Resource Code: https://statutes.capitol.texas.gov/Docs/HR/htm/HR.42.htm

cc:
Carrie Austin, Licensing Inspector
Lisa Collom, Licensing Supervisor
Carol Herman, Program Administrator
HHSC Legal
Child and Adult Care Food Program
Child Care Services
Debbie Ferguson
Jordan Humber
Maegen Tedder

Child-Care Licensing
14000 SUMMIT DR, AUSTIN, TX 78728