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