(a) The primary caregiver is the person responsible for ensuring that the home operates in compliance with these minimum standards and the licensing laws. The primary caregiver of a licensed or registered child-care home must:
  (1) Live in the home where care is provided, unless the home was licensed as a group day care home prior to September 1, 2003. Refer to §747.111 of this title (relating to What is a licensed child-care home?); and
  (2) Be the permit holder unless the primary caregiver forms a business entity that is the permit holder for the home.
(b) A permit holder licensed to operate one or more group day care homes prior to September 1, 2003, must designate, on a DFPS form, a person who meets the qualifications in §747.1101 of this title (relating to Who is required to meet the qualifications specified in this division?) to act as the primary caregiver for each licensed child-care home. This exception will not apply to an operation when the permit issued prior to September 1, 2003, is no longer valid.

Source Note: The provisions of this §747.201 adopted to be effective September 1, 2003, 28 TexReg 1462; amended to be effective July 1, 2005, 30 TexReg 3602; amended to be effective June 1, 2014, 39 TexReg 3724; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909