Chapter 42 of the Texas Human Resources Code requires the Health and Human Services Commission to regulate child care and child-placing activities in Texas and to create and enforce minimum standards. Chapter 42 also requires the Texas Department of Family and Protective Services to investigate alleged child abuse and neglect in child-care facilities.
Charged with this task, the HHSC Child Care Regulation Department, Regulatory Services Division, develops rules for child-care in Texas. Once proposed, reviewed and adopted, these rules become part of the Texas Administrative Code (see the child care licensing rules). Each set of Minimum Standards is based on a particular chapter of the Texas Administrative Code and the corresponding child-care operation permit type(s). For example, Chapter 746 is the Minimum Standards for Child-Care Centers and Chapter 749 is the Minimum Standards for Child-Placing Agencies. The Minimum Standards mitigate risk for children in out-of-home care settings by outlining basic requirements to protect the health, safety and well-being of children in care.
Each of the Minimum Standards has been assigned a weight – high, medium, medium-high, medium-low or low — based on the risk that a violation of that standard presents to children. Weights are noted in the left margin next to each standard or subsection. Only those standards that can be violated (marked as a deficiency) are weighted. For example, definitions are not weighted.
Assigning weights to the Minimum Standards takes into account the relative importance of standard violations and helps facilitate a clear and common understanding of risk among providers, consumers and CCR staff. With a clear and common understanding regarding the risk associated with each standard deficiency, child-care providers and CCR staff can use this information as a guide in correcting deficiencies and setting priorities when making corrections.
For more information on enforcement actions, including administrative penalties, see the Enforcement Actions webpage.
What's New in Licensing?
CCL has posted important compliance information for legislation resulting from the 86th Legislative Session.
Minimum Standards for Listed Family Homes
Child Care Regulation has adopted minimum standards for Listed Family Homes. These rules will have requirements that address caregiver qualifications, caregiver responsibilities, what supervision of children means, liability insurance requirements, notification requirements to CCR and parents, basic care requirements, discipline and guidance, nutrition and food, and health and safety practices.
- New Liability Insurance and Permit Renewal Requirements for Licensed Operations, Registered Child Care Homes and Listed Family Homes (PDF)
Overview of Legislation Passed
- Child Day Care Providers (PDF)
- Listed Family Home Providers (PDF)
- Residential Child Care Providers (PDF)
Day Care Operations
- Chapter 742 Listed Family Homes (PDF)
- Chapter 743 Shelter Care (PDF)
- Chapter 744 School-Age and Before or After-School Programs (PDF)
- Chapter 746 Child-Care Centers (PDF)
- Chapter 747 Registered and Licensed Child-Care Homes (PDF)
24-Hour Residential Care Operations & Child-Placing Agencies
- Chapter 748 General Residential Operations (PDF)
- Chapter 749, Child-Placing Agencies (PDF)
- June 2021 Revision Memo for Chapter 749 (PDF)
- Adopted Chapter 749 Rules - Highlighted (PDF)
- April 2021 Revision Memo for Chapter 749 (PDF)
- Display of April 2021 Changes for 749: Liability Insurance, Safe-Sleeping, and Notifications (PDF)
- Display of June 2021 Changes for 749: Training and Professional Development
For the charts that specify whether a conviction permanently or temporarily bars a person from being present at an operation while children are in care, whether a person is eligible for a risk evaluation, and whether a person who is eligible may be present at the operation pending the outcome of the risk evaluation see the Criminal Convictions Charts page for more information.