During an investigation, if the CCI investigator is refused access to a child care operation that is illegally operating without a permit or license, the investigator conducts as much of the investigation as possible, while consulting with additional CCI, DFPS, or HHSC staff.

Investigation activities that can be done without being able to enter the operation may include any of the following:

• Interviewing the alleged victim or victims at another location.
• Observing the outside environment of the establishment.
• Conducting surveillance of the establishment.
• Talking to parents who may be dropping off or picking up children.
• Interviewing neighbors.
• Interviewing other collateral contacts who may have information, including law enforcement.

Additionally, the investigator assesses the immediate safety of the children in care. This may involve any or all of the following:

• Considering the information in the intake report.
• Attempting to contact the reporter for further information.
• Contacting local law enforcement for assistance, if there is concern of immediate danger. Contacting law enforcement may include, for example, requesting a welfare check, requesting any history of law enforcement visits to the child care operation’s address, or reporting concerns of criminal behavior.
• Contacting the local office of Texas Health and Human Services (HHS) Child Care Regulation (CCR) to report that the child care operation is operating without a permit or license and that children continue to be present.
• Consulting with DFPS legal services to determine whether DFPS should request assistance from the Office of the Attorney General of Texas to seek a court order for interviewing a child or gaining access to the operation.

See 4540 Handling Immediate Danger to Children.