Melly's Day Care
3109 N 24TH 1/2 ST, Mcallen, TX 78501 · Hidalgo County
Program
- Type
- Licensed child-care home
- Licensed capacity
- 12
- Ages
- Infant, Toddler, Pre-Kindergarten, School
- Hours
- 05:00 AM-10:00 PM
- Director / administrator
- Hermelinda Guerrero
- Phone
- (956) 687-2034
- Regulated since
- Jan 6, 2000
- HHSC IDs
- Operation 138852 · number 512272
- Official record
- HHSC Child Care Search
Violations by category
Year by year
| Year | Violations | Serious | Main categories |
|---|---|---|---|
| 2025 | 9 | 8 | Cleanliness & sanitation (1), Supervision & ratios (5), Staff background & training (1), Records & paperwork (1), Other (1) |
| 2024 | 7 | 4 | Safety & premises (1), Food & allergies (2), Staff background & training (2), Other (2) |
| 2023 | 12 | 6 | Illness & medication (1), Supervision & ratios (5), Safety & premises (4), Food & allergies (1), Records & paperwork (1) |
| 2022 | 20 | 8 | Cleanliness & sanitation (2), Supervision & ratios (7), Food & allergies (2), Staff background & training (2), Records & paperwork (1), Other (6) |
| 2021 | 9 | 1 | Staff background & training (2), Records & paperwork (4), Other (3) |
Inspections, investigations & assessments
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Feb 27, 2026 Inspection · No deficiencies cited
No violations cited on this visit.
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Sep 29, 2025 Inspection · No deficiencies cited
No violations cited on this visit.
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Aug 8, 2025 Inspection · No deficiencies cited
No violations cited on this visit.
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Aug 2, 2025 Report · Deficiencies cited
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Staff background & training Serious
Based on DFPS findings, it is determined that the operation primary caregiver and assistant caregiver did not have current pediatric first- aid and CPR
HHSC 747.1007(5) — Primary Caregiver in Registered Home Qualifications - pediatric first-aid and pediatric CPR
HHSC risk weight: Medium High. Corrected 2025-08-06. Correction verified 2025-08-08.
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Supervision & ratios Serious
Based on the preponderance of evidence obtained by DFPS it is determined that the permit holder is not meeting their responsibilities based on operational policies and is caring for children after operating hours past 10pm.
HHSC 747.117(b) — Permit holder responsibilities- Licensed Homes
HHSC risk weight: Medium High. Corrected 2025-09-19. Correction verified 2025-09-29.
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Supervision & ratios Serious
Based on DFPS finding it is determined that the operation was propping bottles with a blanket on child's bouncer and crib for feeding time since child was not able to hold bottle on their own.
HHSC 747.2319(2) — Requirements for Feeding Infants - Never Prop Bottles
HHSC risk weight: High. Corrected 2025-08-06. Correction verified 2025-08-08.
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Other Serious
Based on DFPS findings it is determined that an infant was left asleep while in a highchair and was not removed from restrictive device.
HHSC 747.2326(a)(1) — Infant May Not Sleep in a Restrictive Device
HHSC risk weight: High. Corrected 2025-08-06. Correction verified 2025-08-08.
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Supervision & ratios Serious
Based on the preponderance of evidence obtained by DFPS it is determined that the operation was allowing children to sleep in highchairs and not placing them in age-appropriate sleeping equipment.
HHSC 747.2405(1) — Furnishings and Equipment for Toddlers - Age-appropriate
HHSC risk weight: Medium High. Corrected 2025-09-19. Correction verified 2025-09-29.
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Cleanliness & sanitation Serious
Based on DFPS findings it is determined that the operation was using stacked nap cots as a diaper changing area.
HHSC 747.3303(b) — Diaper Changing Equipment - No Play or Eating Surfaces Used
HHSC risk weight: Medium High. Corrected 2025-08-06. Correction verified 2025-08-08.
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Staff background & training Serious
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Jun 4, 2025 Report · No deficiencies cited
No violations cited on this visit.
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May 14, 2025 Inspection · No deficiencies cited
No violations cited on this visit.
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Apr 30, 2025 Inspection · Deficiencies cited
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Supervision & ratios Serious
Whole grapes were served for snak time.
HHSC 747.3117(6) — Food Service and Preparation - No Foods That Present Choking Risk
HHSC risk weight: High. Corrected 2025-04-30. Correction verified 2025-05-14.
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Records & paperwork
2 of the 5 records reviewed where not available for review.
HHSC 747.603(a)(2) — Children's Records - Admission Information
HHSC risk weight: Medium. Corrected 2025-04-30. Correction verified 2025-05-14.
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Supervision & ratios Serious
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Apr 30, 2025 Report · No deficiencies cited
No violations cited on this visit.
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Feb 13, 2025 Inspection · No deficiencies cited
No violations cited on this visit.
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Jan 16, 2025 Inspection · No deficiencies cited
No violations cited on this visit.
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Jan 3, 2025 Report · Deficiencies cited
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Supervision & ratios Serious
Based on the preponderance obtained it is determined that the operation caregiver does not have a current driver's license.
HHSC 747.5417(b) — Required Equipment in Vehicles - Carry Current Driver's License
HHSC risk weight: Medium High. Corrected 2025-02-01. Correction verified 2025-02-13.
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Supervision & ratios Serious
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Nov 14, 2024 Inspection · No deficiencies cited
No violations cited on this visit.
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May 8, 2024 Inspection · Deficiencies cited
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Staff background & training Serious
1 out of 3 staff files reviewed had expired first aid and CPR training.
HHSC 747.1107(5) — Primary Caregiver in Licensed Home Qualifications - pediatric first-aid and pediatric CPR
HHSC risk weight: Medium High. Corrected 2024-05-22. Correction verified 2024-05-13.
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Staff background & training
2 out of 3 staff files reviewed were missing medication training.
HHSC 747.1305(d) — Caregivers Required Annual Training-Required Topics without hour restriction
HHSC risk weight: Medium. Corrected 2024-05-22. Correction verified 2024-05-15.
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Other Serious
Outlets in the front room, infant room were observed un-covered.
HHSC 747.3501(1) — Safety - Electrical Outlets Covered
HHSC risk weight: Medium High. Corrected 2024-05-09. Correction verified 2024-05-08.
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Other
CPSC was last reviewed in Februrary of 2023.
HHSC 747.3935(b) — Children's Products- Annual Certification
HHSC risk weight: Medium. Corrected 2024-05-13. Correction verified 2024-05-09.
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Safety & premises Serious
Outdoor area was observed with part of the fence missing leading to another area of the yard with an unlit fire pit. Play equipment was also observed with bird droppings. A rake was observed along the fence. *Rake was removed from outdoor area. *Director stated fence would be repaired next week.
HHSC 747.4407(a) — Maintenance Procedures for Active Play Space - Inspect Daily
HHSC risk weight: Medium High. Corrected 2024-05-22. Correction verified 2024-05-13.
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Staff background & training Serious
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Jan 8, 2024 Inspection · Deficiencies cited
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Food & allergies Serious
Infant bottles were not labeled. Note: This was corrected at inspection when provider labeled the bottles with the children's names.
HHSC 747.2319(5) — Requirements for Feeding Infants - Label Bottles/Cups
HHSC risk weight: Medium High. Corrected at inspection. Corrected 2024-01-08.
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Food & allergies
Feeding instructions for a child not yet eating table food were not available for review at the time of inspection.
HHSC 747.2321(a) — Written Feeding Instructions - Signed and Dated by Parent or Health-Care Professional
HHSC risk weight: Medium. Corrected 2024-01-09. Correction verified 2024-01-23.
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Food & allergies Serious
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Sep 14, 2023 Inspection · Deficiencies cited
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Food & allergies
Feeding instructions for a child not yet eating table food were last reviewed / signed by parent on 06/05/2023.
HHSC 747.2321(b) — Written Feeding Instructions - Review and Update Every 30 Days
HHSC risk weight: Medium. Corrected 2023-09-18. Correction verified 2023-09-18.
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Food & allergies
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Aug 10, 2023 Inspection · Deficiencies cited
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Illness & medication
Two out of four children's records reviewed are missing immunization records.
HHSC 747.603(a)(4) — Children's Records - Immunizations
HHSC risk weight: Medium. Corrected 2023-08-16. Correction verified 2023-08-15.
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Illness & medication
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May 30, 2023 Inspection · No deficiencies cited
No violations cited on this visit.
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May 24, 2023 Inspection · Deficiencies cited
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Supervision & ratios Serious
Operation conducted a field trip during the month of April 2023. Emergency medical consent forms and first aid kit were not taken during the field trip.
HHSC 747.2901(a)(2) — Field Trips - Emergency Medical Forms
HHSC risk weight: Medium High. Corrected 2023-05-26. Correction verified 2023-05-30.
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Safety & premises Serious
List of children, Emergency medical transport and treatment authorization forms for each child being transported were not taken during transportation route.
HHSC 747.5417(a)(1) — Required Equipment in Vehicles - List of Children
HHSC risk weight: High. Corrected 2023-05-24. Correction verified 2023-05-30.
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Records & paperwork
Two out two children's records reviewed are missing school information.
HHSC 747.605(14) — Required Admission Information - School Information for School-age Child
HHSC risk weight: Medium. Corrected 2023-05-28. Correction verified 2023-05-30.
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Supervision & ratios Serious
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Apr 20, 2023 Inspection · No deficiencies cited
No violations cited on this visit.
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Apr 6, 2023 Inspection · No deficiencies cited
No violations cited on this visit.
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Mar 29, 2023 Report · Deficiencies cited
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Supervision & ratios
Based on the information obtained during the course of the investigation, children under the age of 5yo were placed in time-out for 5-10 minutes.
HHSC 747.2703(4)(D) — Positive Methods of Discipline and Guidance - Brief Supervised Separation
HHSC risk weight: Medium. Corrected 2023-04-14. Correction verified 2023-04-20.
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Supervision & ratios
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Mar 27, 2023 Inspection · No deficiencies cited
No violations cited on this visit.
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Mar 14, 2023 Inspection · Deficiencies cited
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Safety & premises Serious
Emergency Prepardness plan was reviewed and the folloing items are missing: (1)(B) How children will be evacuated or relocated to the designated safe area or alternate shelter, including specific procedures for evacuating or relocating children who are under 24 months of age, who have limited mobility, or who otherwise may need assistance in an emergency, such as children who have mental, visual, or hearing impairments 1(D) The caregivers' responsibility in a sheltering/lock-down emergency for the orderly movement of children to a designated location in your home where children should gathe 1(E) Name and address of the alternate shelter away from the home you will use as needed (4) How you will continue to care for the children until each child has been released (5)How you will reunify the children with their parents as the evacuation, relocation, or sheltering/lock-down is lifted
HHSC 747.5003(1) — Emergency Preparedness Plan - Evacuation, Relocation and Sheltering Procedures
HHSC risk weight: Medium High. Corrected 2023-03-20. Correction verified 2023-03-27.
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Supervision & ratios Serious
Operation has not practice severe weather nor lock down drills.
HHSC 747.5005(3) — Lock-down drill 4 times in a calendar year
HHSC risk weight: Medium High. Corrected 2023-03-21. Correction verified 2023-03-27.
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Safety & premises Serious
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Mar 3, 2023 Inspection · Deficiencies cited
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Supervision & ratios
Operation did not have a lesson plan nor planned activities for the children.
HHSC 747.2101 — Planned Activities - Designed to meet individual needs and developmental levels of children in the group
HHSC risk weight: Medium. Corrected 2023-03-06. Correction verified 2023-03-14.
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Safety & premises
First Aid Kit is missing the guide.
HHSC 747.3803(a)(1) — First Aid Kit Incomplete - Guide to first aid and emergency care
HHSC risk weight: Medium. Corrected 2023-03-06. Correction verified 2023-03-14.
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Safety & premises Serious
Emergency Prepardness plan was reviewed and the folloing items are missing: (1)(B) How children will be evacuated or relocated to the designated safe area or alternate shelter, including specific procedures for evacuating or relocating children who are under 24 months of age, who have limited mobility, or who otherwise may need assistance in an emergency, such as children who have mental, visual, or hearing impairments 1(D) The caregivers' responsibility in a sheltering/lock-down emergency for the orderly movement of children to a designated location in your home where children should gathe 1(E) Name and address of the alternate shelter away from the home you will use as needed (4) How you will continue to care for the children until each child has been released (5)How you will reunify the children with their parents as the evacuation, relocation, or sheltering/lock-down is lifted
HHSC 747.5003(1) — Emergency Preparedness Plan - Evacuation, Relocation and Sheltering Procedures
HHSC risk weight: Medium High. Corrected 2023-03-13. Correction verified 2023-03-14.
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Supervision & ratios Serious
Operation has not practice severe weather nor lock down drills.
HHSC 747.5005(3) — Lock-down drill 4 times in a calendar year
HHSC risk weight: Medium High. Corrected 2023-03-13. Correction verified 2023-03-14.
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Supervision & ratios
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Dec 29, 2022 Inspection · No deficiencies cited
No violations cited on this visit.
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Oct 24, 2022 Inspection · Deficiencies cited
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Supervision & ratios
Operation follow a daily schedule but does not planned activities nor a written lesson plan.
HHSC 747.2102(a) — Written Activity Plan - Develop and Follow
HHSC risk weight: Medium. Corrected 2022-10-26. Correction verified 2022-10-28.
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Supervision & ratios
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Oct 14, 2022 Inspection · Deficiencies cited
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Supervision & ratios
Operation follow a daily schedule but does not planned activities nor a written lesson plan.
HHSC 747.2102(a) — Written Activity Plan - Develop and Follow
HHSC risk weight: Medium. Corrected 2022-10-17. Correction verified 2022-10-24.
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Food & allergies
Feeding instructions for two children not yet eating table food and under the age of 12mo are missing.
HHSC 747.2321(a) — Written Feeding Instructions - Signed and Dated by Parent or Health-Care Professional
HHSC risk weight: Medium. Corrected 2022-10-17. Correction verified 2022-10-24.
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Supervision & ratios
Operation does not have well defined interest centers.
HHSC 747.2503(1) — Furnishings and Equipment for Pre-Kindergarten Age - Interest Centers
HHSC risk weight: Medium. Corrected 2022-10-23. Correction verified 2022-10-24.
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Other
Menu for the week was not available for review at the time of inspection.
HHSC 747.3113(1) — Maintain Menus
HHSC risk weight: Medium. Corrected 2022-10-17. Correction verified 2022-10-24.
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Records & paperwork
One file is missing foreign high school diploma translation and notarized affidavit.
HHSC 747.901 — Personnel Records
HHSC risk weight: Medium. Corrected 2022-10-21. Correction verified 2022-10-24.
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Supervision & ratios
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Oct 5, 2022 Inspection · Deficiencies cited
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Staff background & training Serious
A staff member was present at operation and caring for children without background check eligibility notice. Note: Background check request was submitted during inspection.
HHSC 745.641 — AP Background check results - Must receive notification prior to allowing subject to be present at your operation
HHSC risk weight: High. Corrected 2022-10-06. Correction verified 2022-10-13.
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Other Serious
Caregiver supervising children did not know children's names nor ages.
HHSC 747.1501(c)(3) — Additional Responsibilities of Caregivers - Know Children's Names and Ages
HHSC risk weight: Medium High. Corrected 2022-10-05. Correction verified 2022-10-14.
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Supervision & ratios
Operation follow a daily schedule but does not planned activities nor a written lesson plan.
HHSC 747.2102(a) — Written Activity Plan - Develop and Follow
HHSC risk weight: Medium. Corrected 2022-10-09. Correction verified 2022-10-14.
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Supervision & ratios Serious
Operation has one crib and there are two infants under 12mo attending the operation.. Crib is no labeled with the child's name.
HHSC 747.2305(1) — Infant Care Area Furnishings and Equipment -Non-walking
HHSC risk weight: Medium High. Corrected 2022-10-05. Correction verified 2022-10-14.
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Supervision & ratios Serious
Identical bottles are used for two infants at the operation, bottles are not labeled with the children's names.
HHSC 747.2319(5) — Requirements for Feeding Infants - Label Bottles/Cups
HHSC risk weight: Medium High. Corrected 2022-10-05. Correction verified 2022-10-14.
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Food & allergies
Feeding instructions for two children not yet eating table food and under the age of 12mo are missing.
HHSC 747.2321(a) — Written Feeding Instructions - Signed and Dated by Parent or Health-Care Professional
HHSC risk weight: Medium. Corrected 2022-10-06. Correction verified 2022-10-14.
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Other Serious
A 9mo old child was observed asleep in a car seat.
HHSC 747.2326 — Infant May Not Sleep in a Restrictive Device
HHSC risk weight: High. Corrected 2022-10-05. Correction verified 2022-10-14.
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Supervision & ratios
Operation does not have well defined interest centers.
HHSC 747.2503(1) — Furnishings and Equipment for Pre-Kindergarten Age - Interest Centers
HHSC risk weight: Medium. Corrected 2022-10-11. Correction verified 2022-10-14.
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Other
Menu for the week was not available for review at the time of inspection.
HHSC 747.3113(1) — Maintain Menus
HHSC risk weight: Medium. Corrected 2022-10-05. Correction verified 2022-10-14.
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Cleanliness & sanitation Serious
Caregiver did not wash hands after chaning the diaper of two children. Hands of the children were not washed after diaper change.
HHSC 747.3307(a) — Diapering Procedures - Caregiver's Hands Washed
HHSC risk weight: Medium High. Corrected 2022-10-05. Correction verified 2022-10-14.
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Cleanliness & sanitation Serious
Diaper changing mat was not sanitized in between nor after two diaper changes.
HHSC 747.3307(d) — Diapering Procedures- Sanitizing the Diapering Area
HHSC risk weight: Medium High. Corrected 2022-10-05. Correction verified 2022-10-14.
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Other
Cots used by children's present did not have a label indicating their names nor assigned number.
HHSC 747.4303(b) — Cots, Beds, Mats Labeled With Child's Name
HHSC risk weight: Medium. Corrected 2022-10-06. Correction verified 2022-10-14.
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Other Serious
Five children were present at arrival, none of the children were signed in.
HHSC 747.635(a) — Sign-in and Sign-out Logs Maintained
HHSC risk weight: Medium High. Corrected 2022-10-05. Correction verified 2022-10-14.
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Staff background & training
Four staff files reviewed and following items are missing: File 1 - foreign high school diploma or equivalent translation File 2 - Pediatric First Aid/CPR Training, Transportation Training and Annual Training Certificates File 3 - Orientation Statement and Copy of ID File 4 - Orientation Statement, Copy of ID, Copy of High School Diploma, Notarized Affidavit, Pediatric First Aid and CPR training
HHSC 747.901 — Personnel Records
HHSC risk weight: Medium. Corrected 2022-10-12. Correction verified 2022-10-14.
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Staff background & training Serious
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Dec 13, 2021 Inspection · Deficiencies cited
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Records & paperwork
One out four children's records reviewed is missing a health statement.
HHSC 747.603(a)(3) — Children's Records - Health Statement
HHSC risk weight: Medium. Corrected 2021-12-27. Correction verified 2022-01-03.
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Records & paperwork
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Dec 3, 2021 Inspection · Deficiencies cited
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Other
Children were watching a movie during inspection tiled Door Man. Movie was not related to a planned activity.
HHSC 747.2105(c)(1) — Screen Time Activities - Related to Planned Activities
HHSC risk weight: Medium. Corrected 2021-12-02. Correction verified 2021-12-13.
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Records & paperwork
One out four children's records reviewed is missing a health statement.
HHSC 747.603(a)(3) — Children's Records - Health Statement
HHSC risk weight: Medium. Corrected 2021-12-09. Correction verified 2021-12-13.
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Other
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Nov 11, 2021 Inspection · Deficiencies cited
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Staff background & training Serious
An employee was present and caring for children without background check eligibility notice.
HHSC 745.641 — AP Background check results - Must receive notification prior to allowing subject to be present at your operation
HHSC risk weight: High. Corrected 2021-11-11. Correction verified 2021-11-12.
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Staff background & training
Two out of three staff training records reviewed are missing 9-18hours including training in the following topics: -shaken baby/early brain dev./safe sleep -hazardous materials -emergency preparedness -physical premises and building safety Two out of three staff training records reviewed are missing 2 hours of transportation training.
HHSC 747.1305(d) — Caregivers Required Annual Training-Required Topics without hour restriction
HHSC risk weight: Medium. Corrected 2021-11-29. Correction verified 2021-12-02.
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Other
Children were watching TV for approximately one hour, show playing was not related to a planned activity or lesson plan.
HHSC 747.2105(c)(1) — Screen Time Activities - Related to Planned Activities
HHSC risk weight: Medium. Corrected 2021-11-10. Correction verified 2021-12-02.
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Other
Cots and mats were labeled, however, a mat labeled with a child's name did not match the child napping on the nap.
HHSC 747.4303(b) — Cots, Beds, Mats Labeled With Child's Name
HHSC risk weight: Medium. Corrected 2021-11-11. Correction verified 2021-12-02.
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Records & paperwork
One out four children's records reviewed is missing a health statement.
HHSC 747.603(a)(3) — Children's Records - Health Statement
HHSC risk weight: Medium. Corrected 2021-11-24. Correction verified 2021-12-02.
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Records & paperwork
One out of three files reviewed is missing copy of high school diploma and notarized affidavit.
HHSC 747.901 — Personnel Records
HHSC risk weight: Medium. Corrected 2021-11-17. Correction verified 2021-12-02.
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Staff background & training Serious
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
Show the letter text
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, via 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.