RecordWell Data

Magic Child Development Day Care

3016 NYSSA AVE, Mcallen, TX 78501 · Hidalgo County

34cited violations
4serious
18inspections & investigations
0enforcement actions

Program

Type
Licensed child-care home
Licensed capacity
12
Ages
Infant, Toddler, Pre-Kindergarten, School
Hours
07:00 AM-06:00 PM
Director / administrator
Graciela Luna
Phone
(956) 821-1822
Regulated since
Sep 1, 2006
HHSC IDs
Operation 288346 · number 856847
Official record
HHSC Child Care Search

Violations by category

Year by year

YearViolationsSeriousMain categories
202420 Other (2)
202340 Cleanliness & sanitation (2), Supervision & ratios (2)
2022224 Illness & medication (2), Supervision & ratios (4), Safety & premises (4), Food & allergies (4), Staff background & training (2), Records & paperwork (4), Other (2)
202160 Staff background & training (2), Records & paperwork (2), Other (2)

Inspections, investigations & assessments

  1. Jun 30, 2026 Inspection · No deficiencies cited

    No violations cited on this visit.

    HHSC inspection history · no longer published by HHSC; kept here

  2. Jun 30, 2026 Inspection · No deficiencies cited

    No violations cited on this visit.

    HHSC inspection history

  3. Jul 8, 2025 Inspection · No deficiencies cited

    No violations cited on this visit.

    HHSC inspection history · no longer published by HHSC; kept here

  4. Jul 8, 2025 Inspection · No deficiencies cited

    No violations cited on this visit.

    HHSC inspection history

  5. Jul 8, 2024 Inspection · Deficiencies cited
    • Other

      Health statement for parrot living in the home is missing.

      HHSC 747.3703(b) — Animals at Center - Statement of Health from Veterinarian

      HHSC risk weight: Medium. Corrected 2024-07-29. Correction verified 2024-07-26.

    HHSC inspection history · no longer published by HHSC; kept here

  6. Jul 8, 2024 Inspection · Deficiencies cited
    • Other

      Health statement for parrot living in the home is missing.

      HHSC 747.3703(b) — Animals at Center - Statement of Health from Veterinarian

      HHSC risk weight: Medium. Corrected 2024-07-29. Correction verified 2024-07-26.

    HHSC inspection history

  7. Aug 8, 2023 Inspection · No deficiencies cited

    No violations cited on this visit.

    HHSC inspection history

  8. Aug 8, 2023 Inspection · No deficiencies cited

    No violations cited on this visit.

    HHSC inspection history · no longer published by HHSC; kept here

  9. Apr 21, 2023 Inspection · No deficiencies cited

    No violations cited on this visit.

    HHSC inspection history · no longer published by HHSC; kept here

  10. Apr 21, 2023 Inspection · No deficiencies cited

    No violations cited on this visit.

    HHSC inspection history

  11. Apr 10, 2023 Inspection · Deficiencies cited
    • Cleanliness & sanitation

      Soiled diapers are disposed off in trash bag hanging from changing table which is accessible to children. Note: Thia was corrected at inspection when provider removed the trash bag.

      HHSC 747.3307(e) — Diapering Procedures - Soiled Diapers Kept in a Sanitary Manner

      HHSC risk weight: Medium High. Corrected at inspection. Corrected 2023-04-10.

    • Supervision & ratios

      Operation has two play structure, one of them with with swings and a slide attached and a second one with two slides . Use zones for the slides, to-fro swings and bucket swings do not meet use zones requirements.

      HHSC 747.4607(a) — Measurement of Use Zone for Swings - in Front and Rear

      HHSC risk weight: Medium High. Corrected 2023-04-24. Correction verified 2023-04-21.

    HHSC inspection history

  12. Apr 10, 2023 Inspection · Deficiencies cited
    • Cleanliness & sanitation

      Soiled diapers are disposed off in trash bag hanging from changing table which is accessible to children. Note: Thia was corrected at inspection when provider removed the trash bag.

      HHSC 747.3307(e) — Diapering Procedures - Soiled Diapers Kept in a Sanitary Manner

      HHSC risk weight: Medium High. Corrected at inspection. Corrected 2023-04-10.

    • Supervision & ratios

      Operation has two play structure, one of them with with swings and a slide attached and a second one with two slides . Use zones for the slides, to-fro swings and bucket swings do not meet use zones requirements.

      HHSC 747.4607(a) — Measurement of Use Zone for Swings - in Front and Rear

      HHSC risk weight: Medium High. Corrected 2023-04-24. Correction verified 2023-04-21.

    HHSC inspection history · no longer published by HHSC; kept here

  13. Sep 14, 2022 Inspection · No deficiencies cited

    No violations cited on this visit.

    HHSC inspection history · no longer published by HHSC; kept here

  14. Sep 14, 2022 Inspection · No deficiencies cited

    No violations cited on this visit.

    HHSC inspection history

  15. Sep 7, 2022 Inspection · Deficiencies cited
    • Staff background & training

      Four staff / household members files were reviewed. One files is missing 7 hours of annual training including 3 hours of management.

      HHSC 747.1309(a) — Primary Caregiver Annual Training -30 Hours Required

      HHSC risk weight: Medium. Corrected 2022-09-18. Correction verified 2022-09-12.

    • Supervision & ratios

      Operation has a daily schedule but not lesson plans indicating the daily, weekly or monthly planned activities. Young infant age children were not observed participating in activities outside the play-yard, bouncer or floor baby chair.

      HHSC 747.2102(a) — Written Activity Plan - Develop and Follow

      HHSC risk weight: Medium. Corrected 2022-09-11. Correction verified 2022-09-14.

    • Other

      Children ages 15mo-3yo were observed watching Letter Factory and CocoMelon.

      HHSC 747.2105(a) — Screen Time Activities - Not Used for Under Two

      HHSC risk weight: Medium. Corrected 2022-09-07. Correction verified 2022-09-14.

    • Safety & premises

      Two non-walking infants under the age of 12 months were present. During nap, one of the play-yards was used by a 5mo and second one by a 15mo child. There was not another play-yard/crib available for the other non-walking infant to nap in. Play-yards are not labeled with the children's names and different children used the same play-yard.

      HHSC 747.2305(1) — Infant Care Area Furnishings and Equipment -Non-walking

      HHSC risk weight: Medium High. Corrected 2022-09-07. Correction verified 2022-09-14.

    • Safety & premises Serious

      A 5mo old child was observed asleep with a blanket in a play-yard.

      HHSC 747.2315(b) — AP Cribs - Only Snug Fitting Sheet and Crib Mattress Cover Allowed if Infant Younger than 12 Months of Age

      HHSC risk weight: High. Corrected 2022-09-07. Correction verified 2022-09-14.

    • Food & allergies Serious

      A blanket was observed being used to prop a bottle for a 5mo old child. Infant bottles were not labeled with the children's name and last name initial.

      HHSC 747.2319(2) — Requirements for Feeding Infants - Never Prop Bottles

      HHSC risk weight: High. Corrected 2022-09-07. Correction verified 2022-09-14.

    • Food & allergies

      August - September feeding instructions for two children not yet table food were not available for review at the time of inspection.

      HHSC 747.2321(b) — Written Feeding Instructions - Review and Update Every 30 Days

      HHSC risk weight: Medium. Corrected 2022-09-08. Correction verified 2022-09-13.

    • Supervision & ratios

      Operation was observed disorganized with toys, furniture and other household and children items stacked on top of each other. An infant age child was observed sitting in a floor chair, however, chair was placed on top of table.

      HHSC 747.3501 — Safety - Areas Free From Hazards

      HHSC risk weight: Medium High. Corrected 2022-09-11. Correction verified 2022-09-14.

    • Illness & medication

      One out of four children's records reviewed is missing immunization records.

      HHSC 747.603(a)(4) — Children's Records - Immunizations

      HHSC risk weight: Medium. Corrected 2022-09-14. Correction verified 2022-09-07.

    • Records & paperwork

      Attendance records for today were not available for review.

      HHSC 747.635(a) — Sign-in and Sign-out Logs Maintained

      HHSC risk weight: Medium High. Corrected 2022-09-07. Correction verified 2022-09-12.

    • Records & paperwork

      One out of four staff/ household member files reviewed is missing notarized affidavit.

      HHSC 747.901(4) — Personnel Records - Required Affidavit

      HHSC risk weight: Medium Low. Corrected 2022-09-11. Correction verified 2022-09-09.

    HHSC inspection history · no longer published by HHSC; kept here

  16. Sep 7, 2022 Inspection · Deficiencies cited
    • Staff background & training

      Four staff / household members files were reviewed. One files is missing 7 hours of annual training including 3 hours of management.

      HHSC 747.1309(a) — Primary Caregiver Annual Training -30 Hours Required

      HHSC risk weight: Medium. Corrected 2022-09-18. Correction verified 2022-09-12.

    • Supervision & ratios

      Operation has a daily schedule but not lesson plans indicating the daily, weekly or monthly planned activities. Young infant age children were not observed participating in activities outside the play-yard, bouncer or floor baby chair.

      HHSC 747.2102(a) — Written Activity Plan - Develop and Follow

      HHSC risk weight: Medium. Corrected 2022-09-11. Correction verified 2022-09-14.

    • Other

      Children ages 15mo-3yo were observed watching Letter Factory and CocoMelon.

      HHSC 747.2105(a) — Screen Time Activities - Not Used for Under Two

      HHSC risk weight: Medium. Corrected 2022-09-07. Correction verified 2022-09-14.

    • Safety & premises

      Two non-walking infants under the age of 12 months were present. During nap, one of the play-yards was used by a 5mo and second one by a 15mo child. There was not another play-yard/crib available for the other non-walking infant to nap in. Play-yards are not labeled with the children's names and different children used the same play-yard.

      HHSC 747.2305(1) — Infant Care Area Furnishings and Equipment -Non-walking

      HHSC risk weight: Medium High. Corrected 2022-09-07. Correction verified 2022-09-14.

    • Safety & premises Serious

      A 5mo old child was observed asleep with a blanket in a play-yard.

      HHSC 747.2315(b) — AP Cribs - Only Snug Fitting Sheet and Crib Mattress Cover Allowed if Infant Younger than 12 Months of Age

      HHSC risk weight: High. Corrected 2022-09-07. Correction verified 2022-09-14.

    • Food & allergies Serious

      A blanket was observed being used to prop a bottle for a 5mo old child. Infant bottles were not labeled with the children's name and last name initial.

      HHSC 747.2319(2) — Requirements for Feeding Infants - Never Prop Bottles

      HHSC risk weight: High. Corrected 2022-09-07. Correction verified 2022-09-14.

    • Food & allergies

      August - September feeding instructions for two children not yet table food were not available for review at the time of inspection.

      HHSC 747.2321(b) — Written Feeding Instructions - Review and Update Every 30 Days

      HHSC risk weight: Medium. Corrected 2022-09-08. Correction verified 2022-09-13.

    • Supervision & ratios

      Operation was observed disorganized with toys, furniture and other household and children items stacked on top of each other. An infant age child was observed sitting in a floor chair, however, chair was placed on top of table.

      HHSC 747.3501 — Safety - Areas Free From Hazards

      HHSC risk weight: Medium High. Corrected 2022-09-11. Correction verified 2022-09-14.

    • Illness & medication

      One out of four children's records reviewed is missing immunization records.

      HHSC 747.603(a)(4) — Children's Records - Immunizations

      HHSC risk weight: Medium. Corrected 2022-09-14. Correction verified 2022-09-07.

    • Records & paperwork

      Attendance records for today were not available for review.

      HHSC 747.635(a) — Sign-in and Sign-out Logs Maintained

      HHSC risk weight: Medium High. Corrected 2022-09-07. Correction verified 2022-09-12.

    • Records & paperwork

      One out of four staff/ household member files reviewed is missing notarized affidavit.

      HHSC 747.901(4) — Personnel Records - Required Affidavit

      HHSC risk weight: Medium Low. Corrected 2022-09-11. Correction verified 2022-09-09.

    HHSC inspection history

  17. Oct 14, 2021 Inspection · Deficiencies cited
    • Staff background & training

      Primary caregiver did not have the following trainings available for review. Training year: 9/2020-9/2021 -Administering medication -Preventing and responding to emergencies due to food or an allergic reaction. -Understanding building and physical premises safety, including identification and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic. -Handling, storing, and disposing of hazardous materials.

      HHSC 747.1309(d) — Primary Caregiver Annual Training - Required Special Topics without specific hours

      HHSC risk weight: Medium. Corrected 2021-10-22. Correction verified 2021-10-26.

    • Other

      Single axis swing set did not have mandated use zone measurements toward the back ot the swings. NOTE: This was corrected during inspection. Permit holder removed the swings from use.

      HHSC 747.4607(a) — Measurement of Use Zone for Swings - in Front and Rear

      HHSC risk weight: Medium High. Corrected at inspection. Corrected 2021-10-14.

    • Records & paperwork

      Admission information was not available for review for one child present during inspection. Health Statements were not available for review for 2 children present during inspection.

      HHSC 747.603(a)(2) — Children's Records - Admission Information

      HHSC risk weight: Medium. Corrected 2021-10-18. Correction verified 2021-10-26.

    HHSC inspection history

  18. Oct 14, 2021 Inspection · Deficiencies cited
    • Staff background & training

      Primary caregiver did not have the following trainings available for review. Training year: 9/2020-9/2021 -Administering medication -Preventing and responding to emergencies due to food or an allergic reaction. -Understanding building and physical premises safety, including identification and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic. -Handling, storing, and disposing of hazardous materials.

      HHSC 747.1309(d) — Primary Caregiver Annual Training - Required Special Topics without specific hours

      HHSC risk weight: Medium. Corrected 2021-10-22. Correction verified 2021-10-26.

    • Other

      Single axis swing set did not have mandated use zone measurements toward the back ot the swings. NOTE: This was corrected during inspection. Permit holder removed the swings from use.

      HHSC 747.4607(a) — Measurement of Use Zone for Swings - in Front and Rear

      HHSC risk weight: Medium High. Corrected at inspection. Corrected 2021-10-14.

    • Records & paperwork

      Admission information was not available for review for one child present during inspection. Health Statements were not available for review for 2 children present during inspection.

      HHSC 747.603(a)(2) — Children's Records - Admission Information

      HHSC risk weight: Medium. Corrected 2021-10-18. Correction verified 2021-10-26.

    HHSC inspection history · no longer published by HHSC; kept here

Get the full file

HHSC publishes inspections, investigations and assessments from October 2017 onward, with each cited deficiency and its risk weight. Investigation narratives, complaint files and older history require a public information request. The Texas Public Information Act (Texas Government Code Chapter 552) gives anyone the right to ask. You don't have to say why.

Email the request Printable letter (fax or mail)

Send to
HHSC Open Records Coordinator, MC-1070 · OpenRecordsRequest@hhs.texas.gov · fax 512-424-6586 · 4601 W. Guadalupe Street, Austin, Texas 78751-3146 · agency instructions
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If something is happening now, report a concern to HHSC Child Care Regulation. For suspected abuse, contact your county child protective services or law enforcement.

Source: Texas Health and Human Services Commission, Child Care Regulation datasets on data.texas.gov. Last read Oct 1, 2026. Violation text is HHSC's own wording. The categories are ours, added to help you scan. About this data.