2100, Types of Child Care Permits

Revision 24-2; Effective May 22, 2024

2110 Permits Required for Child Day Care

Revision 24-2; Effective May 22, 2024

The following table lists each type of CCR permit required for each child day care operation type. Reference 26 TAC Section 745.37(2).  

Type of PermitChild Day Care Operation Types
Listing
  • Listed family home
Registration
  • Registered child care home
License
  • Licensed child care home
  • Child care center
  • Before or after-school program
  • School-age program
Compliance Certificate
  • Small employer-based child care  
  • Temporary shelter child care program

2110.1 Listed Family Home

Revision 24-2; Effective May 22, 2024

In a listed family home, the primary caregiver: 

  • is at least 18 years old; and
  • provides care:
    • in the caregiver’s own home;
    • for compensation per the CCRH Definitions of Terms;
    • to children whose ages may range from birth through 13 years;
    • at least four hours a day and for:
      • three or more days a week, for three or more consecutive weeks; or 
      • 40 or more days in a 12-month period; and
    • to no more than three children who are unrelated to the caregiver; and
    • to no more than 12 children total, including children who are related to the caregiver.

2110.2 Registered Child Care Home

Revision 24-2; Effective May 22, 2024

In a registered child care home, the primary caregiver:

  • is at least 21 years old; and
  • provides care:
    • in the caregiver’s own home;
    • to children whose ages may range from birth through 13 years;
    • at least four hours a day and for:
      • three or more days a week, for three or more consecutive weeks; or
      • 40 or more days in a 12-month period; and
    • to no more than six children who are unrelated to the caregiver during the school day; and
    • to no more than six additional school-age children after school hours.

The primary caregiver in a registered child care home may not care for more than 12 children at the same time, including children related to the caregiver.

2110.3 Licensed Child Care Home

Revision 24-2; Effective May 22, 2024

In a licensed child care home, the primary caregiver:

  • is at least 21 years old; and
  • provides care:
    • at least two hours, but less than 24 hours per day, for three or more days a week;
    • in the caregiver’s own home;
    • to children whose ages may range from birth through 13 years; and
    • to no more than 12 children total, including the children related to the caregiver.

2110.4 Licensed Child Care Center

Revision 24-2; Effective May 22, 2024

The operation provides care:

  • for seven or more children;
  • to children younger than 14;
  • for fewer than 24 hours of care per day; and
  • in a location other than the permit holder’s home.

A licensed child care center may provide nighttime care with CCR approval. If CCR approves the nighttime care, a center may not allow a child to be in care for more than:

  • 16 hours within a 24-hour period daily; or
  • three consecutive 24-hour periods with a maximum of six 24-hour periods per month.

2110.5 Before or After-School Program

Revision 24-2; Effective May 22, 2024

The operation provides care:

  • before, after, or before and after the customary school day and during school holidays;
  • for at least two hours a day, and three days a week; and
  • to children who attend pre-kindergarten through grade six.

2110.6 School-Age Program

Revision 24-2; Effective May 22, 2024

The operation provides care:

  • including supervision and:
    • recreation;
    • skills instruction; or
    • skills training;
  • for at least two hours a day and three days a week;
  • to children who attend pre-kindergarten through grade six; and
  • before or after the customary school day, including:
    • school holidays;
    • summer period; or
    • any other time when school is not in session.

A school-age program is not a licensed child care center.

2110.7 Small Employer-Based Child Care

Revision 24-2; Effective May 22, 2024

A small employer-based child care operation (SEBCC) employs fewer than 100 full-time employees and provides care:

  • for up to 12 children of employees;
  • to children younger than 14;
  • for fewer than 24-hours of care per day; and
  • in the same building where the parents work.

Note: 26 TAC Section 745.37 refers to this type of child care as Employer-Based Child Care. 

Reference 26 TAC Chapter 746 Minimum Standards For Child-Care Centers.

2110.8 Temporary Shelter Child Care Program  

Revision 24-2; Effective May 22, 2024

A temporary shelter child care program (TSP) provides care:

  • for seven or more children who live at the shelter with a parent while the parent is away;
  • to children younger than 14 ;
  • for at least four hours a day and three days a week; and
  • at a temporary shelter, such as a family violence or homeless shelter.

2120 Permits Required for Residential Child Care

Revision 24-2; Effective May 22, 2024

The following table lists each type of residential child care operation and the type of CCR permit required. Reference 26 TAC Section 745.37(3).

Residential Child Care OperationsType of Permit
General residential operationLicense
Child-placing agency (CPA)License
Foster homeNone
CCR does not issue a permit to a foster home.  
A CPA issues a verification to a foster home and monitors the home.
Adoptive home

None

CCR does not issue a permit to an adoptive home. 

A CPA may approve an adoptive home by completing a home screening and making sure the home meets other requirements, but an adoptive home does not require any type of permit. The CPA monitors an adoptive home before a district courts finalizes the adoption.

2120.1 General Residential Operation

Revision 24-2; Effective May 22, 2024

A general residential operation (GRO) provides child care for seven or more children up to 18 for all or part of the 24-hour day. The care may include treatment and other programmatic services.
Residential treatment centers (RTCs) are a type of GRO.

2120.2 Child-Placing Agency  

Revision 24-2; Effective May 22, 2024

A child-placing agency (CPA) is a person other than a child’s parent, an agency, or organization that places or plans for the placement of a child in a foster or adoptive home or other residential care operation.

2120.3 Foster Home

Revision 24-2; Effective May 22, 2024

A foster home is verified by a CPA to provide care for six or fewer children up to 18 years old in the primary residence of the foster parents.

A foster home verified by a CPA is part of a CPA for CCR regulatory purposes. 

Reference HRC Section 42.053

2120.4 Adoptive Home

Revision 24-2; Effective May 22, 2024

A CPA approves an adoptive home for the purpose of adopting a child.

2130 State-Operated Child Care Operations  

Revision 24-2; Effective May 22, 2024

CCR issues a certificate instead of a license to a state-operated child care operation and to an operation run by a state agency. State-operated child care operations are subject to regulation by CCR unless the operation meets exemption criteria in 26 TAC Chapter 745, Subchapter C

Facilities operated by Texas cities, counties, or other municipalities are not state operated.
Examples of state-operated child care operations that CCR certifies include:

  • laboratory schools in state universities; and
  • child-placing agencies operated by the DFPS Child Protective Services Division.

Certified operations must comply with the statutes, administrative rules, and minimum standards that apply to licensed operations of the same type.

Certain state-operated operations are exempt from regulation by CCR. 

References

Governmental Entities that are Exempt from Regulation by CCR, 2320 
26 TAC Sections 745.39 and 745.115  
HRC Section 42.052 

Procedure

CCR staff inform people who want to apply for a certificate to operate a state-operated child care operation that an operation:

  • submits documentation to substantiate it is operated by a state agency; and
  • must follow the statutes, administrative rules, and minimum standards that apply to licensed operations.

CCR staff process an application for a certificate for a state-operated child care operation per 3200 Processing the Application for a License, Certificate, Compliance Certificate, Registration, or Listing Permit.

CCR staff regulate a certified state-operated child care operation the same way staff regulate a licensed operation.

Reference

Immediate Danger in a State-Operated Facility, 4521   
 


 

2200, Determining CCR’s Authority to Regulate a Program

Revision 24-2; Effective May 22, 2024

CCR staff determine if CCR has regulatory authority to regulate a program by:

  • evaluating the program; and
  • determining if the program fits the definition of:
    • subject to regulation;
    • not subject to regulation; or
    • exempt from regulation.

Subject to regulation: A program that meets the definition of a child care facility or child-placing agency per HRC Section 42.002 and requires regulation unless the program meets the criteria for an exemption.

Not subject to regulation: A program is not subject to regulation if it is not a child care facility or child-placing agency per HRC 42.002. A facility operated on a federal installation, such as a military base or Indian reservation is not subject to regulation by CCR. A state agency has no jurisdiction or authority to regulate such facilities.

Exempt from regulation: A program that does not require a permit from CCR based on exemption criteria in HRC and TAC. A program exempt from regulation by CCR may operate legally without:

  • receiving a permit from CCR; or
  • complying with the statutes, administrative rules, or minimum standards that govern regulated child care in Texas.

2210 When CCR May Become Aware of a Program

Revision 24-2; Effective May 22, 2024

CCR staff may become aware of a program that may be subject to regulation when:

  • CCR receives a report of an alleged unregulated operation; 
  • the Unregulated Operations Unit (UOU) conducts a search for unregulated operations and finds an advertisement for a program possibly subject to regulation;
  • a program submits an exemption request form; or
  • an applicant or potential applicant asks about the regulation process and indicates they are operating or have operated a program subject to regulation in the past.

2211 Becoming Aware of a Program After Receiving a Report of a Possible Unregulated Operation

Revision 24-2; Effective May 22, 2024

When CCR receives a report of an alleged unregulated operation, CCR staff conduct the investigation per 6530 Investigations of Unregulated Operations. They decide if the operation is subject to regulation per 2220 Determining if a Program is Subject to Regulation During an Investigation of an Unregulated Operation.

2212 Becoming Aware of a Program When UOU Conducts Searches for Unregulated Operations

Revision 24-2; Effective May 22, 2024

UOU staff conduct searches for unregulated operations per Texas Government Code Section 531.0084. If the operation appears to be subject to regulation and CCR does not have information or records that show the operation is exempt, CCR staff follow procedures in:

  • Entering Reports for Unregulated Operations Identified by the Unregulated Operations Unit, 6221.41;
  • Investigations of Unregulated Operations, 6530; and
  • Determining if a Program is Subject to Regulation During an Investigation of an Unregulated Operation, 2220.  

2213 Becoming Aware of a Program After Receiving an Exemption Request Form

Revision 24-2; Effective May 22, 2024

When a program submits an exemption request form, CCR staff decide if the program would be subject to regulation by CCR without an exemption per 2200 Determining CCR’s Authority to Regulate a Program. CCR staff follow the guidance in 2230 Next Steps After Evaluating an Exemption Request.

Reference Exemption Request Forms, 2422.

2214 Becoming Aware of a Program When a Program Currently Operating or has Operated in the Past Contacts CCR

Revision 24-2; Effective May 22, 2024

CCR may learn of a program that is operating or has operated in the past when it asks CCR about exemptions or the regulation process. 

If the program is currently operating, does not appear to be exempt, or does not have an application for a permit submitted in CLASS, CCR staff:

  • advise the person to complete and submit one of the following within five days of contact with CCR:
    • an exemption request form; or
    • an application for a permit to the local CCR office; and
  • consult with the supervisor to decide if generating an intake report for an unregulated operation is necessary.

If the program has operated within the past 12 months, CCR staff: 

  • generate an intake report for an unregulated operation (DCCR only); or
  • submit a report to Statewide Intake (SWI) (RCCR only). 

References 

When a Non-Exempt Program Does Not Take Steps to Become Regulated, Meet Criteria for an Exemption, or Stop Operating, 2441.1 

Procedures When CCR Determines an Alleged Unregulated Operation is Subject to Regulation, 6537.2    

2220 Determining if a Program is Subject to Regulation During an Investigation of an Unregulated Operation

Revision 24-2; Effective May 22, 2024

CCR staff determine if a program is subject to regulation when investigating a potential unregulated operation.

Procedure

CCR staff take the following actions during an unregulated operation investigation to help find out if the program is subject to regulation:

  • get as much information as possible from the program including advertisements, admission forms, policies and procedures, enrollment forms and websites;
  • conduct an inspection, if needed;
  • conduct surveillance per 6450 Conducting Surveillance (Day Care Only), if needed;
  • compare the program information with statutory definitions of operations that are subject to regulation by CCR; and
  • evaluate the information to decide if the program is subject to regulation.

The inspector may consult with the CCR supervisor to decide if more information is needed.

2221 If CCR Determines a Program is Not Subject to Regulation During an Investigation of an Unregulated Operation

Revision 24-2; Effective May 22, 2024

Procedure

If CCR staff determine a program is not subject to regulation during an investigation, staff:

  • follow the procedures in 6537.1 Procedures When CCR Determines an Alleged Unregulated Operation is Not Subject to Regulation; and
  • on the Illegal Operation main page in CLASS:
    • enter a Closure Date, and
    • select Not Subject to Licensing Regulation from the Closure Reason drop-down menu.

2222 If CCR Determines a Program is Subject to Regulation During an Investigation of an Unregulated Operation

Revision 24-2; Effective May 22, 2024

Procedure

If CCR staff determine a program is subject to regulation during an investigation of an unregulated operation, staff follow the procedures in 6537.2 Procedures when CCR Determines an Alleged Unregulated Operation is Subject to Regulation.

The program may submit an application for a permit, submit an exemption request, or discontinue operating.

2230 Next Steps After Evaluating an Exemption Request

Revision 24-2; Effective May 22, 2024

Procedure

CCR Determines a Program is Not Subject to Regulation by CCR After Evaluating an Exemption Request

If CCR staff review an exemption request and decide a program is not subject to regulation by CCR, staff:

  • notify the program that it is not subject to regulation by sending the Exemption Response Letter (Form 2807) on the CCR SharePoint site; and
  • follow the procedures outlined in 2450 Documenting Exemption Requests and Decisions.

CCR Determines a Program is Subject to Regulation by CCR After Evaluating an Exemption Request

If CCR staff determine a program would be subject to regulation without an exemption, CCR staff follow 2420 Determining if a Program is Exempt from Regulation to decide if the program is eligible for the exemption the program is requesting.
 

2300, Exemption Categories and Types

Revision 24-2; Effective May 22, 2024

2310 Types of Exemptions

Revision 24-2; Effective May 22, 2024

Four exemption categories apply to child care programs:  

  • operations regulated by governmental entities;
  • programs of limited duration;
  • certain educational facilities and programs; and
  • certain miscellaneous programs.

Reference 

26 TAC Section 745.113   

2320 Governmental Entities that are Exempt from Regulation by CCR

Revision 24-2; Effective May 22, 2024

The table lists certain types of programs that are exempt from regulation by CCR because they are regulated by other governmental entities. 

Program Type26 TAC Section
Certain federal programs745.115(1)(B)
State-operated programs745.115(2)
Certain recreation programs operated by municipalities745.115(3)

References

Programs with Oversight by the Federal Government, 2321 
Programs Under the Regulatory Authority of Other State Agencies, 2322 
Municipal Recreation Programs, 2323 

2321 Programs with Oversight by the Federal Government

Revision 24-2; Effective May 22, 2024

2321.1 A Program Providing Care to Persons Not Lawfully Present in the United States

Revision 24-2; Effective May 22, 2024

A program that provides 24-hour care exclusively to persons not lawfully present in the United States and are in the custody of the federal government are exempt from regulation by CCR.

Reference

26 TAC Section 745.115(1)(b) 

2322 Programs Under the Regulatory Authority of Other State Agencies

Revision 24-2; Effective May 22, 2024

A program licensed, operated, certified, or registered by another state agency is exempt from regulation by CCR. This includes the following programs:

  • correctional facilities; 
  • treatment facilities;
  • youth camps licensed by the Texas Department of Health Services (DSHS); and
  • youth camps exempt from DSHS licensing that meet certain criteria.

References

26 TAC Section 745.115(2) 
HRC Section 42.041(b)(6) 
 

2322.1 Correctional Facilities

Revision 24-2; Effective May 22, 2024

The following types of correctional facilities are exempt from regulation by CCR:

•    juvenile detention facilities certified under Section 51.12 of the Texas Family Code;
•    juvenile correctional facilities certified under Section 51.125 of the Family Code;
•    facilities operated by the Texas Juvenile Justice Department (TJJD) or facilities that provides services solely for TJJD; and
•    any other correctional facility for children operated or regulated by another state agency or by a political subdivision of the state.

References

26 TAC Section 745.115(2)(A)(B)(C) 
Texas Family Code Section 261.405 
HRC Section 42.041(b)(13)

2322.2 Treatment Facilities

Revision 24-2; Effective May 22, 2024

The following types of facilities are exempt from regulation by CCR:

  • treatment facilities under regulatory authority of another state agency; or
  • structured treatment programs that serves chemically dependent people and are licensed by the Texas Department of State Health Services.

Reference

26 TAC Section 745.115(2)(D)  

2322.3 Youth Camps

Revision 24-2; Effective May 22, 2024

A youth camp is exempt from regulation by CCR if it is:

  • licensed by DSHS; or
  • exempt from licensure by DSHS per Section 141.0021, Health and Safety Code, because it is:
    • operated by or on the campus of an institution of higher education or a private or independent institution of higher education, as those terms are defined in Education Code Section 61.003; and
    • regularly inspected by at least one local governmental entity for compliance with health and safety standards.

Exception

Operations licensed by CCR that run summer camps, such as school-age programs, must continue to operate under the CCR license during summer months. 

References

School-Age Program, 2110.6 
26 TAC Sections 745.37(2)(H) , 745.115(2)(E)  and 745.115(2)(F) 

HRC Section 42.002(21) and 42.041(b)(5)
 

2323 Municipal Recreation Programs

Revision 24-2; Effective May 22, 2024

A recreation program is exempt from regulation by CCR if the program:

  • operates for children 5 through 13 years;
  • is operated by a municipality;
  • provides standards of care adopted by a municipality to the parents of each program participant;
  • informs the parents of each program participant that the program is not licensed by the state; and
  • does not advertise itself as a child care operation. 

The governing body of the municipality annually adopts standards of care by ordinance after a public hearing.

The standards of care must include:

  • staffing ratios; 
  • staff qualifications; 
  • facility health and safety standards; and 
  • monitoring and enforcement provisions.

A program in a municipality with a population of at least 300,000 that has adopted standards by ordinance after at least two public hearings may accept public comment through its municipal website for at least 30 days instead of having a public hearing.

References

26 TAC Section 745.115(3) 
HRC Section 42.041(b)(14)  

2330 Programs of Limited Duration that are Exempt from Regulation by CCR

Revision 24-2; Effective May 22, 2024

Certain programs of limited duration are exempt from regulation by CCR.

Program Type26 TAC Section
Program with parents on the premises745.117(1)
Short-term program745.117(2)
Religious program745.117(3)
Foreign exchange or sponsorship program745.117(4)

2331 Program with Parents on the Premises

Revision 24-2; Effective May 22, 2024

A program with parents on the premises is exempt from regulation by CCR if:

  • The program operates in association with a shopping center, business, or other elective activity including retreats or classes for religious instruction.
  • The program does not advertise as a child care operation and informs parents it is not regulated by the state.
  • The parent or person responsible for the child attends or engages in the elective activity nearby. 
  • The program’s caregivers can contact the parent or person responsible for the child at all times.
  • The child is only in care for up to:
    • four and one-half hours per day and 12 hours a week; or
    • 15 hours per week if care is provided so a parent may attend an educational class provided by a nonprofit entity in a city with a population of 500,000 or more and the city is located within a county adjacent to an international border. 

Part-time employees and contractors who handle the program may use the program if they meet the limits above. A program caregiver may use the program for their own child without time limits if the child remains with a caregiver.

References

26 TAC Sections 745.101(1) and 745.117(1) 
HRC Section 42.041(b)(3) 
 

2331.1 Examples of Parents on the Premises Programs that May be Exempt

Revision 24-2; Effective May 22, 2024

Examples of parents on the premises programs that may be exempt include programs that operate:

  • in connection with a religious organization and offer programs for children, such as classes for religious instruction;
  • so parents can attend a short-term class for up to three hours for four or fewer days or evenings a week for a few weeks, such as classes on parenting skills, or English as a second language; and
  • in a gym or health club, so members can exercise. 

Reference

Permits Required for Child Day Care, 2110 

2332 Short-Term Program

Revision 24-2; Effective May 22, 2024

A short-term program may be exempt from regulation by CCR, if the program:

  • operates for fewer than three consecutive weeks and fewer than 40 days in a 12-month period; and
  • is not part of an operation subject to regulation by CCR.

References

Definitions of Terms for child care facility
Processing an Exemption Request, 2400 
26 TAC Sections 745.21(7), 745.101(2) and 745.117(2)

2333 Religious Program

Revision 24-2; Effective May 22, 2024

A religious program may be exempt from regulation by CCR  if the program:

  • lasts for two weeks or fewer; and
  • is operated during summer months.

An example of a religious program is a vacation Bible school.

References

26 TAC Section 745.117(3)
HRC Section 42.041(b)(4)

2334 Foreign Exchange or Sponsorship Program

Revision 24-2; Effective May 22, 2024

A foreign exchange or sponsorship program is exempt from regulation by CCR if:

  • an unrelated child or sibling group lives in the provider’s home;
  • each child is in the United States on a time-limited visa; and
  • each child is sponsored by an organization or by the provider with whom they are living.

References

26 TAC Section 745.117(4) 
HRC Section 42.041(b)(22) 

2340 Educational Programs that are Exempt from Regulation by CCR 

Revision 24-2; Effective May 22, 2024

The educational programs identified in the table are exempt from regulation by CCR under 26 TAC Section 745.119

Program Type26 TAC Section
Accredited educational program745.119(1) Accredited Educational Facility for Grades Pre-Kindergarten and Above
Before or after-school program operated by an educational entity745.119(2) Before or After-School Program Operated by an Accredited Educational Facility
Before or after-school program operated by a contracted entity745.119(3) Before or After-School Program Operated by a Contracted Entity
Educational program that is a member of an organization requiring compliance with the organization’s standards  745.119(4) Educational Facility that is a Member of an Organization Requiring Compliance with Standards  
Private educational program 745.119(5) Private Educational Facility, Including an Educational Facility that is Religious in Nature

Reference

HRC Sections 42.041(b)(7)(8)(9)(11) 

2341 Accredited Educational Program for Grades Pre-K and Above

Revision 24-2; Effective May 22, 2024

An accredited educational program that operates for children in grades pre-k and above is exempt from regulation by CCR if the program:

  • operates primarily for educational purposes;
  • operates the educational program;
  • serves children 3 years and older; and
  • is accredited by:
    • the Texas Education Agency (TEA);
    • the Southern Association of Colleges and Schools (SACS); or
    • an accreditation body recognized by the Texas Private School Accreditation Commission (TEPSAC).

Exception

A child care program operated by a school district for its employees, including bus drivers, teachers, custodians and kitchen workers, is subject to regulation.

Educational Facilities that also Provide Residential Child Care

For an educational facility that also provides residential child care, reference Additional Exemption Criteria when an Educational Program Provides Residential Child Care, 2346.

Other Educational Programs

For information about charter schools, reference Appendix 2000-2, Determining Whether a Program or Operation is Regulated by Child Care Regulation – Questions and Answers, Item B.

For information about collaborative programs, such as an independent school district (ISD) that operates a Head Start program or a program that combines Head Start and prekindergarten, visit Appendix 2000-2, Item C.

References

26 TAC Section 745.119(1)

HRC Section 42.041(b)(7)

2342 Before or After-School Program Operated by an Educational Facility

Revision 24-2; Effective May 22, 2024

A before or after-school child care program operated by an accredited educational facility is exempt from regulation by CCR if:

  • it is accredited by: 
    • TEA; 
    • SACS; or 
    • an accreditation body recognized by TEPSAC;
  • the accredited educational facility operates the child care program; and
  • the program serves children 3 years and older.

References

26 TAC Section 745.119(2)
HRC Section 42.041(b)(7) 

2343 Before or After-School Program Operated by a Contracted Entity

Revision 24-2; Effective May 22, 2024

A before or after-school program operated by a contracted entity is exempt from regulation by CCR if the educational facility:

  • is accredited by: 
    • TEA; 
    • SACS; or 
    • an accreditation body recognized by TEPSAC;
  • contracts with an entity to operate the before or after-school child care;
  • serves children 3 years and older; and
  • offers a curriculum for before or after-school care approved by:
    • TEA; 
    • SACS; or 
    • an accreditation body recognized by TEPSAC.

Procedure

When reviewing an exemption request for a before or after-school program operating under contract with a public educational facility, CCR staff:

  • ask the program to submit written documentation that demonstrates the program is using TEA- approved curriculum content for all ages the program will serve; and 
  • verify the curriculum content is on the current Instructional Materials Current Adoption Bulletin list on the TEA website.

To decide if a before or after-school program operated by a contracted entity is exempt, CCR staff review:

  • the standard documents required in 2423 Supplemental Information CCR Reviews to Determine if a Program is Exempt;
  • the curriculum provided for all ages to verify if it has been approved; and
  • the contract between the program and the facility.

References

Educational Programs that are Exempt from Regulation by CCR, 2340   

26 TAC Section 745.119(3) 
HRC Section 42.041(b)(7) 

2344 Educational Program that is a Member of an Organization Requiring Compliance with the Organization’s Own Standards

Revision 24-2; Effective May 22, 2024

An educational program that is a member of an organization that requires compliance with its own standards is exempt from regulation by CCR if the program:

  • serves children: 
    • no younger than 3 years by Sept. 1; and
    • through at least grade two;
  • provides child care for no more than one hour before and one hour after the hours that are customary for schools in that community; and
  • is a member of an organization that either:
    • publishes health, safety, fire, and sanitation standards equal to those required by the state, county, or municipality; or
    • follows the state, county, or municipal health, safety, and fire codes.

The organization that requires compliance with health, safety, fire and sanitation standards sends the following to CCR:

  • documentation that the organization: 
    • has its own standards for health, safety, fire, and sanitation that are equal to those required for licensed operations; or 
    • requires members to comply with state, county, or municipal health, safety, fire, and sanitation codes;
  • a monitoring plan designed to make sure members comply with either the organization’s standards for health, safety, fire, and sanitation or the health, safety, and fire codes of the state, county, or municipality; and
  • a list of names and addresses of the other educational programs or operations that are members of the organization. After CCR determines the program is exempt, the program must send this list to CCR every six months.

The facility seeking exemption submits the following to CCR:

  • a completed Form 2820, Educational Facility Request for Exemption from Child Care Regulation; and
  • any other documentation to support that the program is exempt.

References

26 TAC Sections 745.119(4) and 745.127 

HRC Section 42.041(b)(8) 

2345 Private Educational Program

Revision 24-2; Effective May 22, 2024

A private educational program is exempt from regulation by CCR if the program:

  • serves children who are at least 3 years old;
  • provides no more than a total of two hours of child day care before or after customary school day in that community; and
  • offers one or more of the following:
    • a prekindergarten class through at least grade three;
    • any elementary grades, which are kindergarten through grade five; or
    • any secondary grades, which are grades six through 12.

References

Definitions of Terms for customary school day

26 TAC Section 745.119(5) 
HRC Section 42.041(b)(11)  
 

2346 Additional Exemption Criteria when an Educational Program Provides Residential Child Care

Revision 24-2; Effective May 22, 2024

If an educational program provides residential child care, the program is exempt from regulation by CCR if the program meets the exemption criteria in Accredited Educational Program for Grades Pre-K and Above, 2341 and meets the following additional criteria:

  • parents retain primary responsibility for their child’s financial support, health problems, or serious personal problems; and
  • residential child care is provided solely to facilitate the students’ participation in the educational program and does not exist apart from the educational aspect of the program.

Reference

26 TAC Section 745.125 

2347 When an Exempt Educational Program Must Obtain a Permit for a Portion of the Program

Revision 24-2; Effective May 22, 2024

An educational program otherwise exempt from regulation must get a permit for the portion of the program that:

  • cares for children younger than the exemption allows;
  • provides before or after-school care for more hours than the exemption allows; or
  • provides care outside the designated school year.

The designated school year is the academic calendar approved by a school board for the local community that includes the instructional days, school holidays, and staff in-service days.  

Appendix 2000-2 Determining Whether a Program or Operation is Regulated by Child Care Regulation

26 TAC Sections 745.121 and 745.123 

2350 Miscellaneous Programs Exempt from Regulation by CCR

Revision 24-2; Effective May 22, 2024

The following miscellaneous programs are exempt from regulation by CCR under 26 TAC Section 745.129.

Exemption TypeTAC Rule
Neighborhood recreation program745.129(1)
Skills program745.129(2)
A caregiver that has a written agreement with a parent to provide residential care745.129(3)
Emergency shelter for minors745.129(4)
Child or sibling group placed by the Department of Family and Protective Services (DFPS)745.129(5)
Food distribution program745.129(6)
Emergency shelter for victims of human trafficking745.129(7)
Respite care for a local mental health authority  745.129(8)

2351 Neighborhood Recreation Program

Revision 24-2; Effective May 22, 2024

A neighborhood recreation program is exempt from regulation by CCR if the:

  • program provides activities designed for the recreation of children 5 through 13 years;
  • program’s governing body adopts standards for care that must include:
    • staffing ratios;  
    • staff training;
    • health and safety standards;
    • mechanisms for assessing and enforcing the program’s compliance with the standards for care; and
    • receiving and resolving complaints from parents of enrolled children;
  • program does not:
    • collect compensation other than a nominal annual fee for membership; or
    • solicit donations as payment for services goods provided as part of the program;
  • program is organized as a nonprofit organization or is located at the participant’s residence;
  • program informs each parent it is not regulated by CCR;
  • program is not advertised or represented as a regulated child care operation that offers child care services; and
  • program conducts criminal background checks on all employees and volunteers who work with the children.

References

Definitions of Terms for compensation

26 TAC Section 745.129(1) 
HRC Section 42.041(b)(19)

2352 Skills Program

Revision 24-2; Effective May 22, 2024

A program that teaches a single skill, talent, ability, expertise, or proficiency is exempt from regulation by CCR if the program:

  • offers direct instruction for one talent, ability, expertise, or proficiency;
  • does not provide other services not directly related to the single skill, talent, ability, expertise, or proficiency;
  • informs each parent it is not regulated by CCR;
  • is not advertised or represented as a regulated operation;
  • informs parents of any physical risk a child may face while participating in the program; and
  • conducts background checks using information  from the Department of Public Safety for all program employees and volunteers who work with children.

References

26 TAC Section 745.129(2) 
HRC Section 42.041(b)(18)

2353 Caregiver Has Written Agreement with a Parent to Provide Residential Care

Revision 24-2; Effective May 22, 2024

An unrelated adult caregiver is exempt from regulation by CCR if the caregiver:

  • is caring for only one child or sibling group:
    • knows the child or sibling group, or family of the child or sibling group, before providing care; 
    • does not receive compensation or solicit donations for the care of the child or sibling group; and
    • has a written agreement with the parent to care for the child or siblings; or
  • is caring for multiple children or sibling groups and:
    • is caring for six or fewer children;
    • does not receive compensation or solicit donations for the care of the child or sibling group; and
    • has a written agreement with the parent of each child or sibling group to care for the child or sibling group.

References

Definitions of Terms for compensation

26 TAC Section 745.129(3) 
HRC Sections 42.041(b)(20) and (25)

2354 Emergency Shelter for Minors

Revision 24-2; Effective May 22, 2024

An emergency shelter is exempt from regulation by CCR if the shelter:

  • does not otherwise operate as a child care facility that must have a license from CCR;
  • provides shelter or care to the minor and the minor’s child or children, if any;
  • provides care for the minor or the minor’s child or children only when there is an immediate danger to the physical health or safety of the minor or the minor’s child or children;
  • does not provide care for more than 15 days, unless:
    • the minor consents to shelter or care to be provided to the minor or minor’s children; and:
      • is 16 years or older, lives separate and apart from the minor’s parent, and manages the minor’s own financial affairs; or
      • is unmarried and is pregnant or is the parent of a child; or
    • the minor has qualified for Temporary Assistance for Needy Families under HRC Chapter 31 and is on the waiting list for housing assistance; and
  • the shelter is:
    • currently under contract with a state or federal agency for the provision of shelter or care to children; or
    • a family violence center that meets the requirements listed under HRC Section 51.005(b)(3), as determined by the Health and Human Services Commission.

References

26 TAC Section 745.129(4) 
HRC Section 42.041(b)(12)

2355 Child or Sibling Group Placed by the Department of Family and Protective Services  

Revision 24-2; Effective May 22, 2024

An unrelated adult caregiver is exempt from regulation by CCR if:

  • the caregiver has a longstanding and significant relationship with the child or sibling group or the family of the child or sibling group;
  • the Department of Family and Protective Services (DFPS) is the managing conservator of the child or sibling group; and
  • DFPS placed the child or sibling group in the caregiver’s home.

References

26 TAC Section 745.129(5) 

Texas Family Code, Chapter 264 Relative and Other Designated Caregiver Placement Program, Subchapter I 
HRC Section 42.041(b)(21)

2356 Food Distribution Program

Revision 24-2; Effective May 22, 2024

A food distribution program is exempt from regulation by CCR if the program:

  • serves an evening meal to children who are 2 years or older; and
  • is operated by a nonprofit food bank in a nonprofit, religious, or educational facility for not more than two hours a day on regular business days.

References

26 TAC Section 745.129(6) 
HRC Section 42.041(b)(16)

2357 Emergency Shelter for Victims of Human Trafficking

Revision 24-2; Effective May 22, 2024

An emergency shelter is exempt from regulation by CCR if the shelter:

  • does not otherwise operate as a child care operation required to have a permit from HHSC;
  • is operated by a nonprofit organization;
  • provides shelter and care for no more than 15 days to alleged victims of human trafficking per Penal Code Section 20A.02, who are 13-17 years old; and
  • is in a municipality with a population of at least 600,000 in a county on an international border and:
    • is licensed by or operates under an agreement with a state or federal agency to provide shelter and care to children; or
    • is a family violence center that meets the requirements in HRC Section 51.005(b)(3), as determined by the Texas Health and Human Services Commission.  

References

26 TAC Section 745.129(7) 
HRC Section 42.041(b)(23)

2358 Respite Care for a Local Mental Health Authority

Revision 24-2; Effective May 22, 2024

A program that provides respite care for a local mental health authority is exempt from regulation by CCR if the program is under a contract with that authority. 

References

26 TAC Section 745.129(8) 
HRC Section 42.041(b)(24)

2360 Other Programs

Revision 24-2; Effective May 22, 2024

Staff also may receive an exemption request for:

  • certain annual youth camps; and
  • background check only entities.

2361 Certain Annual Youth Camps

Revision 24-2; Effective May 22, 2024

An annual youth camp is exempt by law from regulation by CCR if the youth camp:

  • is held in a municipality with a population of more than 1.5 million;
  • operates no longer than three months; and
  • has been operated for at least 10 years by a nonprofit organization that provides care for the homeless.

Reference

HRC Section 42.041(b)(15)

2362 Background Check Only Entities

Revision 24-2; Effective May 22, 2024

Skills programs and substitute organizations that offer services at regulated child care operations have a CCR online account to submit and get background check results on any person in the organization who needs a background check under 26 TAC Chapter 745, Subchapter F, Background Checks, because the person will have access to children in care. 

When the Centralized Background Check Unit Receives a Background Check Only Entity Request

Procedure

When the Centralized Background Check Unit (CBCU) receives a Background Check Only Entity Request from an organization, CBCU staff:

  • evaluate the information received;
  • verify with the program that its employees or volunteers provide their service at regulated child care programs;
  • enter the request and document on the Exemption Requests and Background Check Only Entities page in CLASS:
    • Background Check Only for Request Type; and
    • Select the appropriate Category Type; and
  • upload the request to CLASS Document Library.

If the program is operating or intends to operate a program that does not meet the criteria for a Background Check Only Entity, CBCU staff consult with the Unregulated Operations unit (UOU) to decide next steps.

References

Background Check Only Entities in CLASS, 10123.1 
Appendix 1000-1 Organizing Child Care Regulation Records

26 TAC Section 745.605(a)(2)(B) 

HRC Section 42.056(I) 
 

2400, Processing an Exemption Request

Revision 24-2; Effective May 22, 2024

The table outlines which CCR program area and staff process exemption requests.

Program AreaStaff Responsible
Day care exemption requests
  • Unregulated Operations Unit (UOU) staff for new exemption requests; or
  • DCCR staff for existing regulated operations that submit an exemption request for a program at the same location.
Residential child care exemption requestsState office program specialist
Background check only entity requestsCentralized Background Check Unit (CBCU) program specialist

2410 Overview of the Exemption Process

Revision 24-2; Effective May 22, 2024

Procedure

If a program believes it is exempt from regulation by CCR based on an exemption in 26 Texas Administrative Code Sections 745.115745.117745.119, and 745.129, the program may ask CCR to help determine if the program is exempt per 26 TAC Section 745.131.

If a program believes it is exempt from regulation by CCR and asks CCR to determine if the program is exempt, CCR staff take the following steps:

  • Provide the appropriate exemption request form and ask the person in charge of the program to complete and return the form and all supporting documentation within:
    • five days of receiving the form from CCR, if the program is operating; or
    • five days, if the program is submitting the request in response to an investigation.
  • Enter the exemption into CLASS on the Exemption Requests & Background Check Only Entities page per 2451 Entering the Exemption in CLASS.
  • Evaluate the information received.
  • Conduct an inspection at the operation if necessary.
  • Notify the person in charge of the program of CCR’s decision on the exemption request. Notification must be made within 21 days after CCR staff collect all information necessary to make the decision.
  • Consult with the CCR supervisor or the designated regional subject matter expert to determine if additional information is needed to make a decision.

References

Exemption Request Forms, 2422
Appendix 1000-1 Organizing Child Care Regulation Records
Appendix 2000-1 Miscellaneous Questions and Answers

26 TAC Section 745.131 and 745.133

2420 Determining if a Program is Exempt from Regulation

Revision 24-2; Effective May 22, 2024

To make a determination about an exemption, CCR requests the program to:

  • determine the type of exemption to request;
  • complete all sections of the form appropriate for the type of exemption requested; and
  • include any supplemental documentation that will verify the program’s eligibility for the exemption request.

Procedure

CCR staff use the information the program provides to determine if it is exempt within 21 days of receiving all information necessary to make a decision based on CCR statute and administrative rules.

To verify the program is exempt, CCR staff:

  • ask additional questions if necessary;
  • visit the program website;
  • inspect the program if staff need more information than the program provides; and
  • evaluate the information.

If the program refuses to provide additional information that CCR requests, CCR staff make an exemption determination based on the information available.

Exemptions for Educational Programs

A person who believes an educational program is exempt under 26 TAC Sections 745.119(1) or (2) may contact CCR. If the person in charge of the program provides enough information during this contact for CCR to determine the program is exempt, CCR staff may inform the person the program does not need to complete an exemption request.

Reference

26 TAC Section 745.131

Exemptions for Neighborhood Recreation Program

As well as the exemption criteria stated in 2351 Neighborhood Recreation Program, a neighborhood recreation program must:

  • establish a policy explaining how it informs parents that CCR does not regulate the program; and
  • conduct criminal background checks on all employees and volunteers who work with the children.

When evaluating this type of exemption request, CCR staff ask for the following either in writing or verbally:

  • the policy for informing parents that CCR does not regulate the program; and
  • verification that the program conducts background checks on all employees and volunteers who work with children.

References

Processing an Exemption Request, 2400
Exemption Request Forms, 2422
Procedures When CCR Determines a Program is Exempt, 2430
Procedures When CCR Determines a Program is Not Exempt, 2440

26 TAC 745.115, 745.117, 745.119745.129, and 745.131

HRC Sections 42.002(9)(16)(17)42.041,  and 42.052(c)(d)

2421 Processing the Exemption for an Educational Program that is a Member of an Organization Requiring Compliance With its own Standards

Revision 24-2; Effective May 22, 2024

Procedure

CCR staff review the following to determine if the program meets criteria for exemption:

  • documentation submitted by the organization that requires compliance with standards; and
  • documentation submitted by the program requesting the exemption.

Visit Appendix 2000 Handling Inquiries About the Licensing Process and Exemption for a list of current organizations CCR recognizes to accredit other educational programs under 26 TAC Section 745.119(4).

Reference

Educational Programs that are Exempt from Regulation by CCR, 2340

2422 Exemption Request Forms

Revision 24-2; Effective May 22, 2024

The following table lists the different exemption request forms with the corresponding CCRH reference.

Form Number and NameCCRH Reference
2837 Governmental Entity Request for Exemption from Child Care Licensing RegulationGovernmental Entities that are Exempt from Regulation by CCR, 2320
2839 Program of Limited Duration Request for Exemption from Child Care Licensing RegulationPrograms of Limited Duration that are Exempt from Regulation by CCR, 2330
2820 Educational Facility Request for Exemption from Child Care RegulationEducational Programs that are Exempt from Regulation by CCR, 2340
2838 Miscellaneous Entities Request for Exemption from Child Care Licensing RegulationMiscellaneous Programs Exempt from Regulation by CCR, 2350
2833 Single Skills Program During Summer Request for Exemption from Child Care RegulationMiscellaneous Programs Exempt from Regulation by CCR, 2350
2390 Background Check Only EntityBackground Check Only Entities, 2362
2391 Request for Exemption from Residential Child Care RegulationProcessing an Exemption Request, 2400

The exemption request forms collect the following information:

  • purpose of the program;
  • persons or group responsible for care;
  • location of the facility;
  • days and months that child care is planned or provided;
  • hours that child care is planned or provided;
  • ages of the children in care;
  • projected duration of the child care arrangement;
  • child’s relationship to the child care provider;
  • number of children in care;
  • use of space when a regulated operation operates at the same location; and
  • details about the program’s activities and services that may meet the criteria for exemption from regulation.

2423 Supplemental Information CCR Reviews to Determine if a Program is Exempt

Revision 24-2; Effective May 22, 2024

When determining if a program is exempt, CCR staff review supplemental information when the program submits the appropriate exemption request form.

Examples of supplemental information include:

  • a copy of the license issued by another government entity;
  • accreditation documents;
  • information about municipal ordinances that govern such programs;
  • standards of care;
  • informational and advertising materials;
  • floor plan;
  • shopping center or mall design plan; and
  • state, county, or municipal health, safety and fire codes.

Procedure

When a program provides supplemental information and the appropriate exemption request form, CCR staff:

  • consider the information when making a decision on the exemption request;
  • upload the supplemental documents to CLASS Document Library per  Appendix 1000-1 Organizing Child Care Regulation Records; and
  • document the supplemental information as a Chronology per 2452 Documenting Chronology Entries for Exemption Requests

2424 Exempt Programs that Operate in the Same Locations as Regulated Operations

Revision 24-2; Effective May 22, 2024

If a governing body runs an exempt program and an operation subject to regulation by CCR at the same location, the exempt program and regulated operation must be separate from each other. If the exempt program and regulated operation cannot be kept separate, both are subject to regulation, unless the exempt program is a residential child care program providing 24-hour care to people not lawfully present in the United States who are in the custody of the federal government.

To be considered separate, the exempt program and regulated operation must:

  • be in separate buildings, operated in separate areas of the same building, or operated in the same building at different times;
  • use separate caregivers, or use caregivers who provide care for only one program at a time; and
  • make sure caregivers from each program supervise children when using shared spaces such as restrooms and indoor and outdoor activity areas at the same time.

Reference

26 TAC Sections 744.2909, 745.139, and 746.4215

Procedure

To make sure an exempt program and a regulated operation that operate on the same premises separately, CCR staff request both the exempt program and regulated operation to submit a written plan describing how they will comply with the requirement to keep separate.

If CCR staff cannot decide if the exempt program and regulated operation operate separately after reviewing the information, staff:

  • consult with the supervisor to decide if more information is needed; and
  • conduct an inspection at the location if necessary to observe if the exempt program and regulated operation are in compliance with the requirements that they are kept separate.

If CCR staff decide the exempt program and regulated operation are not separate and are subject to regulation, staff follow the steps in 2440 Procedures When CCR Determines a Program is Not Exempt.

Exception

When an organization operates both a residential child care program that provides 24-hour care exclusively to people not lawfully present in the United States who are in the custody of the federal government and a CCR-regulated operation, the programs must always be kept separate.

If CCR staff decide the organization is not keeping the programs separate, CCR staff make sure the operation:

  • takes steps to separate the exempt program and regulated operation that are at the same location;
  • alter the regulated operation so the programs at the location are exempt; or
  • stop caring for people not lawfully present in the U.S. that are in the custody of the federal government at the same location as the regulated operation.

References

Programs with Oversight by the Federal Government, 2321
Types of Exemptions, 2310
Other Types of Inspections, 4128
Definitions of Terms for grounds

26 TAC Sections 745.115(1)(B) and 745.139(a)

2430 Procedures When CCR Determines a Program is Exempt

Revision 24-2; Effective May 22, 2024

Procedure

If CCR staff determine a program is exempt from regulation by CCR, staff:

  • notify the operation using form 2807 Exempt Response Letter found on the CCR SharePoint site; and
  • follow procedures in 2454 Closing an Exempt Program in CLASS.

Reference

Documenting Exemption Requests and Decisions in CLASS, 2450

2440 Procedures When CCR Determines a Program is Not Exempt

Revision 24-2; Effective May 22, 2024

2441 Non-Exempt Program is Operating

Revision 24-2; Effective May 22, 2024

If CCR staff determines a program is not exempt and is currently operating, the program must take immediate steps to:

  • become regulated;
  • alter the program to meet exemption criteria; or
  • cease operating.

Procedure

When CCR staff determine a program is not exempt and is currently operating, staff:

  • inform the operation in writing that it is not exempt using Form 2848 Not Exempt Response Letter found on the CCR SharePoint Site; and
  • complete the Exemption Requests and Background Check Only Entities page in CLASS per 2450 Documenting Exemption Requests and Decisions in CLASS.

Reference

Documenting Chronology Entries for Exemption Requests, 2452

2441.1 When a Non-Exempt Program Does Not Take Steps to Become Regulated, Meet Criteria for an Exemption, or Stop Operating

Revision 24-2; Effective May 22, 2024

Procedure

When CCR staff notify a program that is operating that the program is not exempt from regulation by CCR, the program must meet the exemption criteria, submit an application, or cease operating. If the program does not submit an application within five days after CCR staff notify the program it is not exempt, staff decide if the program is still operating. If it is still operating without meeting the exemption criteria, CCR staff:

  • inform the CCR supervisor that the program knowingly failed to meet the requirements of an exemption and engaged in activities that require a permit from CCR;
  • document the information as a Chronology (type Application);
  • enter an intake for the operation for a day care operation operating without a permit per 6230 Assessing an Intake Report and 6221.4 Entering Reports of Unregulated Operations;
  • contact Statewide Intake (SWI) for a residential child care operation to enter the report; and
  • leave the exemption request open in CLASS until the program:
    • meets the requirements to become regulated;
    • meets the criteria to be exempt from regulation by CCR; or
    • ceases operating.

References

Closing an Exempt Program in CLASS, 2454
When Exempt Programs No Longer Meet Exemption Criteria, 2510

HRC Section 42.075

2442 Non-Exempt Program is Not Providing Care

Revision 24-2; Effective May 22, 2024

When CCR staff determine a program is not exempt, and the program is not operating, CCR staff first discuss with the program the options to select one of the following before providing care:

  • alter its services so it may meet the exemption criteria;
  • submit a different type of exemption request; or
  • submit an application to become a regulated operation.

If the program chooses one of the three options, CCR staff provide a time frame for the program to choose one of the options.

If the program does not choose to complete one of the three options within the given time frame, staff notify the operation in writing using Form 2848 Not Exempt Response Letter, on the CCR SharePoint site.

CCR staff include the following information in Form 2848 Not Exempt Response Letter:

  • the options that CCR previously provided the program to alter the program;
  • the reasons the program is not exempt; and
  • that the program has the right to request an administrative review to dispute the decision.

In addition, CCR staff complete the Exemption Requests and Background Check Only Entities page in CLASS per 2450 Documenting Exemption Requests and Decisions in CLASS.

2443 Non-Exempt Program Disagrees that it is Not Exempt

Revision 24-2; Effective May 22, 2024

A program that disagrees with CCR’s decision that it is not exempt may request an administrative review within 15 days of receiving Form 2848 Not Exempt Response Letter.

Reference

Administrative Reviews 5600

2450 Documenting Exemption Requests and Decisions in CLASS

Revision 24-2; Effective May 22, 2024

2451 Entering the Exemption Request in CLASS

Revision 24-2; Effective May 22, 2024

CCR staff document the details of the exemption request in CLASS the same day or the next day after receiving the request from the program. CCR staff upload the exemption request form and all supplemental documentation to CLASS Document Library.

Staff document the operation details on the Exemption Requests and Background Check Only Entities page in CLASS as outlined in the table below.

CLASS FieldWhat to Document
Category TypeType of exemption the program requests.
Program TypeDay Care or Residential Care, as applicable.
Operation InformationProgram name, contact person’s name, and contact person’s phone number.
Location AddressThe address where the program takes place.
Mailing AddressThe address where the program receives mail.
Facility EmailThe email address where the program correspondence goes.
Exemption Request Received dateThe date the exemption request was received by the program specialist or by the local CCR office
How many children are you caring for?The number of children the program anticipates enrolling.
Ages of children servedSelect the applicable checkboxes for the program.
Operating TimesThe hours, days, and months of operation the program indicated on the exemption request.
DFPS regulated operations currently on location at same propertyAny known operation numbers for CCR regulated operations located at the same address.

Staff document any associated unregulated and regulated operations on the Operation History page in CLASS as follows:

  • select +Add New;
  • search for the associated operation number; and
  • select the hyperlink of the operation name.

The associated operation will display on the Operation History List.

2452 Documenting Chronology Entries for Exemption Requests

Revision 24-2; Effective May 22, 2024

CCR staff document chronologies in CLASS as outlined in the table below.

ScenarioChronology TypeWhat to Document

CCR staff:

  • correspond with the program contact person;
  • consult with supervisor or program specialist;
  • provide technical assistance to the program or operation provided; and
  • identify concerns about the program.
Operation GeneralConcise summary of the scenario being documented.
CCR staff make a decision on the exemption request.Operation GeneralConcise description of how the operation is either exempt or not exempt.
CCR staff conduct an inspection at the operation.InspectionObservations made during the inspection.

CCR staff:

  • receive supplemental documents from the program or operation; or
  • get supplemental documents
External DocumentationList of the documents received or obtained with a statement that they can be found on the CLASS Document Library.

2453 Documenting Exemption Decisions in CLASS

Revision 24-2; Effective May 22, 2024

Procedure

CCR staff take the following steps to document the exemption decision on the Exemption Requests & Background Check Only Entities page in CLASS:

  • enter the Action Date as the date staff make the determination;
  • select the Action Reason of Exempt or Not Exempt, as appropriate;
  • in the Action Reason box, enter that more details about the decision can be found in a Chronology; and
  • generate the appropriate notification letters by copying and pasting the template form information on the CCR SharePoint site into the HHSC letterhead.

2454 Closing an Exempt Program in CLASS

Revision 24-2; Effective May 22, 2024

CCR staff take the steps on the Exemption Requests and Background Check Only Entities page in CLASS as follows:

  • enter the date the exemption is closed in the Closure Date field; and
  • select the appropriate exemption category from the Closure Reason drop-down menu.

2460 When an Exempt Program Requests Regulation by CCR

Revision 24-2; Effective May 22, 2024

A program exempt from regulation by CCR based on an exemption listed in HRC Section 42.041(b) may request a license only if the program needs a permit to accept federal or state funding.

A program that receives a license under HRC Section 42.041(d) must comply with all applicable provisions of the HRC, Chapter 42, administrative rules, and minimum standards.

Exceptions

An exempt program is not eligible for regulation by CCR for funding purposes unless it is exempt from regulation under HRC Section 42.041(b). Some programs not subject to regulation by CCR are listed as exempt for administrative purposes. Those identified in 26 TAC Section 745.115(1) are not exempt under statute:

  • CCR may not regulate a facility operated on a federal installation because CCR has no regulatory authority over any program located on a federal installation.
  • CCR may not regulate a program that provides 24-hour care exclusively to people not lawfully present in the U.S. who are in the custody of the federal government, even if the program reports that it needs a permit to accept federal funding. The exemption is based on an ongoing emergency declaration by Gov. Abbott that prohibits CCR from issuing a permit to such programs.

References

Governmental Entities that Are Exempt from Regulation by CCR, 2320 
Programs of Limited Duration that are Exempt From Regulation by CCR, 2330

26 TAC Sections 745.125745.141, and 745.143

2500, Handling Changes to an Exempt Program

Revision 24-2; Effective May 22, 2024

In some circumstances, an exempt program may alter its services after CCR makes an exemption determination. The following are examples of a change that an exempt program might make:

  • relocating the program;
  • changing the hours, months, or days of operation;
  • adding or removing services or activities;
  • updating fee requirements; or
  • changing the ages of children the program serves.

CCR may become aware of these changes when:

  • CCR receives a report about the program making a change;
  • CCR receives a report that alleges the program is operating beyond the scope of the exemption;
  • the Unregulated Operations unit (UOU) suspects the program may be operating beyond the scope of the exemption when searching for unregulated operations; or
  • the program notifies CCR about the changes to the program.

After CCR becomes aware of changes to an exempt program, CCR staff evaluate if the changes impact the existing exemption determination.

2510 Determining if Changes to an Exempt Program Change the Program’s Exemption Status

Revision 24-2; Effective May 22, 2024

Procedure

After CCR becomes aware of changes to an exempt program, CCR staff:

  • find the exempt program in CLASS and review the approved exemption determination;
  • compare the changes with the exemption requirements in 26 TAC Chapter 745, Subchapter C, Operations that are Exempt from Regulation; and
  • determine if the changes impact the program’s exemption status.

CCR Decision: No Change to Exemption Determination

If CCR staff decide the program’s changes do not impact the existing exemption status, CCR staff document as a Chronology:

  • an explanation of the program’s change or changes; 
  • the CCR staff decision; and
  • the rationale for the decision.

CCR Decision: Change to Exemption Determination 

If CCR staff decide the program’s changes impact CCR’s exemption determination, including situations where the program is eligible for a different exemption, CCR staff request the program:

•    submit a new exemption request that may be a better fit with the changes made within five days;
•    submit an application for a permit within five days; or
•    not make the changes and notify CCR in writing within five days.

References

Overview of the Exemption Process, 2410 
When a Non-Exempt Program Does Not Take Steps to Become Regulated, Meet Criteria for an Exemption, or Stop Operating, 2441

2520 Enforcement Actions When an Exempt Program Knowingly Operates a Program that Requires Regulation by CCR

Revision 24-2; Effective May 22, 2024

CCR staff may begin the referral process to Child Care Enforcement (CCE) to seek injunctive action, civil penalties, or both against a person who:

  • knowingly fails to meet the requirements of an exemption and engages in activities that require permit from CCR; or
  • fails to inform CCR about a change in the status of a program that requires the program to be licensed or registered.

HRC Sections 42.074(a)(2) and 42.075(a)(4) 

Moreover, a person may be prosecuted under Texas Human Resources Code Section 42.076 for operating a child care operation without the appropriate permit from CCR.

Reference

Handling Changes to an Exempt Program, 2500 
Overview of CCR and Regulatory Enforcement Staff Responsibilities Related to Non-Voluntary Enforcement Action, 7200 

HRC Sections 42.074, 42.075 and 42.076 
 

2600, Providing Information About the Child Care Regulation Process

Revision 24-2; Effective May 22, 2024

CCR staff provide information about the regulation process and child care regulatory activities to:

  • potential applicants and applicants for a child care permit;
  • operations that hold child care permits; and
  • community members.

Visit 1110 CCR’s Regulatory Activities for a list of child care regulation activities. 

Reference

HRC Section 42.047 

Procedure

CCR staff provide information about the child care regulation process through:

  • pre-application interviews;
  • phone calls while on intake duty for DCCR staff only;
  • technical assistance with operations;
  • community engagement events; and
  • encounters with parents or other stakeholders.

References

Orientation, Inquiry Meeting, or Pre-Application Interview, 3210 
Providing Technical Assistance, 4154.1 
Referring Requestors to the CCR Public Website, 8110 
Providing Information About Child Care Operations, 8120