2200, Types of Child Care Permits and Multiple Operations

2210 Permits Required for Child Day Care

September 28, 2018

The following table describes the permits required for each type of child day care operation regulated by HHSC on or after September 1, 2003. See also 40 TAC §745.37(2). For a definition of each type of operation, see 1141 Types of Child Day Care Operations.

Child Day Care Operations Type of Permit
Listed family home Listing
Registered child care home Registration
Licensed child care home License
Child care center License
Small, employer-based child care
(A small, employer-based operation employs fewer than 100 full-time employees)
Compliance certificate
Temporary shelter child care program Compliance certificate
Before- or after-school program License
School-age program License

 

2211 Child Day Care Homes Subject to Listing and Registration

November 2010

Homes that meet the following criteria are subject to regulation.

Type of Operation Criteria for Regulation
Listed family home

A listed home is subject to regulation, if:

  • the care is provided in the caregiver’s own residence;
  • compensation is provided for the care;
  • care is provided for three or fewer children, excluding children who are related to the caregiver;
  • the children range in age from birth through 13 years; and
  • care is provided for at least:
    • four hours a day;
    • three or more days a week; and
    • more than nine consecutive weeks.
Registered child care home

A registered child care home is subject to regulation, if:

  • the care is provided in the caregiver’s own residence;
  • the care is provided for four or more children, excluding children who are related to the caregiver;
  • the children range in age from birth through 13 years (the children do not have to be present at the same time); and
  • care is provided for at least:
    • four hours a day;
    • three or more days a week; and
    • more than nine consecutive weeks.

 

2220 Permits Required for Residential Child Care

August 2012

The following table describes the permits required for each type of residential child care. See also 40 TAC §745.37(3).

For a definition of each type of operation, see 1142 Types of Residential Child Care.

Residential Child Care Operations Type of Permit
Foster family home (Independent) License
Foster group home (Independent) License
General residential operation License
Child-placing agency (CPA) License
CPA foster family home Verification
(The CPA issues the verification and regulates its own foster family homes.)
CPA foster group home Verification
(The CPA issues the verification and regulates its own foster group homes.)
CPA adoptive home None
(The CPA approves an adoptive home by completing a home screening, but no specific type of permit is required. The CPA regulates its own adoptive homes.)

 

2230 Operating Multiple Day Care Services Under One Permit

 

2231 Other Services that May Be Offered Under One Day Care Permit

November 2010

An applicant or permit holder who operates a child care center under a single permit may include other services under that permit, such as:

  1. a drop-in care center;
  2. a kindergarten;
  3. a nursery school; or
  4. a school.

 

2232 Requirements for Offering Multiple Services Under One Day Care Permit

November 2010

It is not necessary to obtain more than one permit for operations at the same location, if the operations have the same governing body.

In such cases, the operations’ programs must:

  • be housed in separate areas of the location; and
  • each operation must have a written plan explaining how caregivers from each operation supervise children if and when the operations share space.

When multiple types of operations at one location are subject to different sets of licensing rules, each operation must comply with the minimum standards appropriate for each type of operation.

See also:

2260 Operations that Are Not Contiguous

2330 Exempt Facilities that Operate at the Same Locations as Regulated Facilities

 

2240 Operating a Child Care Home and a Day Care Center at One Location Under Two Licenses

November 2010

For a single child day care operation to be granted one license to be a child care home and another license to be a child care center at the same location, all of the following must apply:

  1. Before September 1, 2003:
    • the operation held one license to be a group day care home and another license to be either a combination kindergarten-nursery school or a school for kindergarten and above, and
    • both licenses remain valid.
  1. By August 31, 2003, the permit holder notified Child Care Licensing of the decision to operate both a licensed child care home and a licensed child care center at the same location.
  2. Each licensed operation pays the required fees.
  3. During the hours that the operation is a child care home, it meets the minimum standards for child care homes and during the hours that the operation is a child care center, it meets the minimum standards for child care centers.
  4. The licensed day care home does not operate during the same hours as the licensed day care center.

40 TAC §745.379

An operation cannot be issued a permit for both a licensed child care center and a licensed child care home at the same location, unless the operation meets all of the conditions outlined directly above.

 

2241 Additional Issues Related to Operating a Child Care Home and a Day Care Center at One Location Under Two Licenses

November 2010

One Operation, One Unit

Only one registration or listing permit is issued for a child care home that operates in a single living unit or home. If more than one person cares for children in a single living unit or home, the name on the listing or permit must be the name of the primary caregiver.

40 TAC §745.371

Separate Operations, One Location

A permit cannot be issued to an operation for both a licensed child care center and a licensed child care home at the same location, unless the operation meets the following conditions:

  • The two operations do not share the same space.
  • If the playground space and other multi-use areas such as auditoriums are shared, they are not in use at the same time.

(Shared space is not counted when calculating capacity, unless an operation uses it for the majority of its operating hours.)

One Operation, One License or Registration

An operation cannot be issued both a license and a registration.

 

2250 Operating More Than One Licensed Child Care Home

November 2010

A permit holder may operate more than one licensed child care home only when all of the following apply:

  1. The permit holder was licensed to operate two or more group day care homes before September 1, 2003.
  2. The licenses remain valid.
  3. The homes operate out of separate locations. (The homes may operate out of the two sides of a duplex, if they operate as separate entities; that is, with the children using the playground at different times and with no routine mixing of children or staff; that is, the children and staff of one operation must be affiliated with only one operation, not both.)
  4. The permit holder maintains totally separate operations (2251 Defining What Qualifies a Child Care Home as Separate).

Procedure

Licensed child care homes that operate from the same location may work together at times; for example, when taking the children from both homes on a field trip.

If staff determine that two child care homes are mixing their populations, staff cite each home for violating the conditions of its permit because it is caring for more than 12 children. (The standards for licensed child care homes and their directors limit care to 12 or fewer children.)

The cited operation must then decide whether to:

  • operate as a child day care center, meeting child day care standards; or
  • adhere to the restrictions required when operating separately licensed child care homes.

Each home must have its own director.

40 TAC §745.373

 

2251 Defining What Qualifies a Child Care Home as Separate

November 2010

To be considered separate, an operation must meet the following criteria:

  1. The children are not moved back and forth between the licensed child care homes.
  2. The children attend the operation in which they are enrolled.
  3. All records are maintained at the operation, including staff records, enrollment records, and emergency records.
  4. The director is the director of only one child care home.

 

2260 Operations that are Not Contiguous

November 2010

Licensing may issue a single permit to the governing body of a child day care operation or residential child care operation that has multiple buildings that are not contiguous, as long as:

  • the buildings are near each other and demonstrate a single operation; and
  • the permit lists the names and addresses of the appropriate operations.

 

2261 Child Day Care Operations that are Not Contiguous

November 2010

A single permit may be issued to a child day care operation that has buildings that are not contiguous, as long as the buildings are located nearby.

For the purposes of this policy, nearby means that the buildings are:

  1. next to each other, on the same property;
  2. across the street from each other; or
  3. on the same city block.

The operations must demonstrate a single operation as indicated by patterns of staffing, finance, administrative supervision, and programs.

 

2262 Residential Care Operations that are Not Contiguous

November 2010

A single permit may be issued to a residential child care operation that has buildings that are not contiguous, if the buildings are located nearby.

For the purposes of this policy, nearby means that the buildings are:

  1. next to each other, on the same property;
  2. across the street from each other; or
  3. on the same city block.

The operation can continue to operate in noncontiguous buildings that were approved before September 1, 2005, under the definition of nearby that was used at that time, if the license is still valid.

If the operation wishes to add a noncontiguous building, the building must meet the current definition of nearby.

Operations that are not contiguous must demonstrate that they each operate the same type of program, regardless of when a license was issued.

 

2262.1 Defining Multiple Residential Care Operations as the Same Operation

November 2010

Residential care programs are considered the same, if they operate under the same:

  1. policies;
  2. procedures;
  3. hiring practices; and
  4. financial systems.

Texas Human Resources Code §42.041(c)

40 TAC §§745.385745.201

 

2263 Evaluating Child-Placing Services

September 28, 2018

A program that brings birth mothers and prospective adoptive parents together but does not arrange the adoption is not considered to be making plans for a placement and is not subject to Licensing’s regulation, as long as the program:

  • does not receive compensation for its services; and
  • does not conduct child-placement activities, such as home studies.

Licensure by another state agency to provide medical care does not exempt a facility from the need to be regulated by HHSC as a child-placing agency, if child-placing activities are being conducted.

A child-placing agency located in Texas that provides only international adoptions is subject to Licensing’s regulation in order to place a child with a family living in Texas.

 

2270 Residential Child Care Operations that Also Provide Child Day Care

September 28, 2018

All foster homes that provide child day care require a child day care permit. This includes independent foster homes and foster homes regulated by child-placing agencies (CPAs).

Licensing’s child day care staff regulate such foster homes in the same way that they regulate a child day care operation.

The following conditions must be met before a foster home may provide both foster care and day care:

  1. The home is approved by the HHSC Residential Child Care Licensing Division and the HHSC Child Day Care Division.
  2. The home cares for no more than six children, including any biological and adopted children of the caregiver’s who live in the foster home, any children or adults receiving foster or respite child care, and children for whom the family provides child day care.
  3. The home meets the requirements for a child day care permit, including having paid all necessary fees.
  4. The home meets the requirements in 26 TAC §749.2493 and 40 TAC §745.375.

26 TAC §§749.2551749.2553

 

2271 General Residential Operations that Also Provide Child Day Care

September 28, 2018

All general residential operations (GROs) that provide child day care require a child day care permit. (A GRO provides child care for 13 or more children or young adults. For more information on GROs, see the entry general residential operation under Definitions of Terms.)

Licensing’s child day care staff regulate child day care programs at GROs in the same way that they regulate any child day care operation.

The following conditions must be met before a GRO may provide both residential child care and child day care:

  1. The GRO’s plan to provide day care is approved by the HHSC Residential Child Care Division and the HHSC Child Day Care Division of Licensing.
  2. The GRO does not treat children who have emotional disorders.
  3. The GRO provides day care services separately from residential services.
  4. The GRO hires separate administrative employees and caregivers for each program.
  5. The GRO meets the requirements for a child day care permit, including having paid all necessary fees.
  6. The GRO meets the requirements for a general residential operation, as stated in 26 TAC §748.157.

 

2272 Extended Child Day Care

November 2010

A registered or licensed child day care operation may offer 24-hour care, but the permit must be approved to care for children during both the day and night, and even then, a child may be in care for:

  • no more than 16 hours within a 24-hour period; and
  • no more than three consecutive 16-hour stays, with a maximum of six 16-hour stays a month.

40 TAC §745.383

Special activities, such as overnight slumber parties held once a month or less at a licensed, certified, or registered child day care operation are not cited as a violation of the hours and days approved on Form 2910 Application for a License or Certification to Operate a Child Day Care Facility (for licensed and certified operations) or Form 2919 Request for a Registration Permit, but the operation must continue to meet standards during overnight parties.

40 TAC §745.381

 

2280 State-Operated Facilities Exempt from Licensure

September 28, 2018

A child care operation run by a state of Texas agency must be certified by Licensing. (Facilities operated by Texas cities, counties, or other municipalities are not state-operated.)

Examples of state-run child care operations that must be certified include:

  1. laboratory schools in state universities;
  2. residential operations at state schools (state schools are state-run residential facilities for people with developmental disabilities); and
  3. the DFPS Child Protective Services Division.

To be certified, an operation must comply with the laws, rules, and standards that apply to licensed operations. The certificate must be displayed in a prominent place at the operation. The certificate remains valid until revoked or surrendered.

Certain state-run operations are exempt from regulation by Licensing. See 2340 Operations Not Regulated by HHSC Because They Are Regulated by Other Governmental Entities.

Texas Human Resources Code §§42.04142.052

40 TAC §745.39

Procedure

If a state-run operation inquires about certification, Licensing staff inform the person inquiring that:

  • as part of the application, the operation must submit documentation to substantiate that it is operated by a state of Texas agency; and
  • the operation must follow the same procedures followed for an inquiry regarding a license.

Licensing staff regulate an operation that has a certificate in the same manner that staff regulate an operation that has a license.

See 7210 Immediate Danger in a State-Operated Facility.