(a) Respite child-care services are not subject to regulation under this subchapter, if the:
  (1) Respite child-care services are completely separate from the emergency care services. You must provide the respite child-care services in a completely separate physical space using different caregivers from the caregivers for the emergency care services; and
  (2) Care meets the short-term program's criteria for exemption as specified §745.117(2) of this title (relating to Which programs of limited duration are exempt from Licensing regulation?).
(b) An operation that only provides emergency care services to children may provide respite child-care services, if you:
  (1) Meet all applicable requirements for all services, including children admitted only for respite child-care. This includes compliance with capacity limits, child/caregiver ratios, and supervision rules; and
  (2) Ensure that your respite child-care services do not present a conflict of care for any child receiving emergency care services.

Source Note: The provisions of this §748.4261 adopted to be effective January 1, 2007, 31 TexReg 7377; amended to be effective January 1, 2017, 41 TexReg 10393; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909