Do children younger than 8 years old or less than 4' 9" need to be secured in a child passenger safety seat system?
Yes, Texas law requires children younger than 8 years old or less than 4' 9" to be secured in a child passenger safety seat system.
- Passenger vehicles, including 15 passenger vans, require seat belts and child safety restraints, plus booster seats for children aged 5-7, unless a child is 4"9".
- Buses over 10,000 pounds do not require booster seats for children aged 5-7.
What type of individual storage space must I have for children?
Section 747.4305 requires individual adequate storage space for each child's personal belongings. This may be separate hooks, shelves, lockers, or cubicles. Other ideas for storage space include laundry baskets, buckets, carpet squares or placemats on a floor or table. Individual storage space encourages children to organize and be responsible for their personal possessions and offers children a sense of belonging when they can recognize the space as their own. Providing separate space for personal belongings also reduces the spread of lice, scabies and ringworm, which are the most common diseases spread in child-care settings.
Will backpacks comply with the requirement for individual storage space for children?
Individual backpacks laid out in a way that children can easily identify their own belongings, may comply; however, you should also consider where these children would store a coat, art project, or sports equipment that does not fit into a backpack. Adequate storage would include individual space to accommodate all of a child's personal belongings.
If I use a baby monitor that allows me to hear the children when I am out of the room, will this comply with the minimum standard for supervision?
Auditory awareness is only one component of the standard Section 747.1503, requiring supervision at all times. You must consider the ages of the children, their individual differences and abilities, the layout of the home and play area and other hazards or risks. You must also have physical proximity to the children in your care and must intervene when necessary to ensure children's safety. The use of the baby monitor would depend on each of these variables.
Does a "listed" phone number have to be in the local phone book or only listed in the enrollment agreement I provide to parents?
For purposes of this minimum standard, Section 747.4307, a listed telephone number is referring to a telephone number that may be obtained from directory assistance by a parent or other person wishing to contact the child care home.
How many hours of ongoing training do I need to obtain annually as a primary caregiver of child care home?
Child care home primary caregivers must obtain 30 clock hours of training each year relevant to the age of the children for whom the home provides care.
How many hours of ongoing training do my child care home employees need to obtain annually?
Employees in licensed child care homes must obtain 24 clock hours of training each year relevant to the age of the children for whom the person provides care. Employees in registered child care homes must obtain 15 clock hours of training each year relevant to the age of the children for whom the person provides care.
What are some examples of instructor-led, self-instructional, and self-study training?
Section 747.123 includes the definitions of instructor-led, self-instructional, and self-study training.
Instructor-led training is characterized by the communication and interaction that takes place between the student and the instructor. The training must include an opportunity for the student to interact with the instructor to obtain clarifications and information beyond the scope of the training materials. Examples of this type of training include, classroom training, web-based on-line facilitated learning, video-conferencing, or other group learning experiences. Instructor-Led training is live training that includes interaction between the instructor and participants. Technology may allow for instructor-led training as long as it is live, with the participants being able to interact in real time.
Self-instructional training is designed to be used by one individual working alone and at the individual's own pace to complete lessons or modules. Lessons or modules commonly include questions with clear right and wrong answers. Examples include web-based training and self-study. Some typical examples of self-instructional training are training from sources such as Texas A&M AgriLife Extension and the American Academy of Pediatrics (AAP). These training examples are offered online, may be completed at the participants own pace, and includes knowledge check questions to be completed before the completion certificate is generated. Before the advancement of technology, many trainers created hard copy modules or training binders that could be purchased. These modules are self-paced, include quizzes, or writing assignments that would need to be mailed to the trainer for their review, and upon completion, a certificate would be issued. Training binders quizzes/writing assignments have also been evaluated for completeness by the primary caregiver verifying the completion of the employees training. A primary caregiver that meets the training requirements outlined in 747.1315 (a)(6), can also evaluate the self-paced modules and training binders quizzes or writing assignments for completeness. The director would then issue a training certificate using their trainer credentials and certifying completeness of the training. Primary caregivers cannot certify training hours for themselves nor issue training certificates for themselves per 747.1309(h).
Self-study training is non-standardized training where an individual reads written materials, watches a training video or listens to a recording to obtain specific knowledge that is required for annual training. An example of self-study training could be a recorded webinar or a published article online or in print. In either of these examples, there is not an opportunity for interaction, learning evaluation, or participation. Your training time would be the amount of time taken to read or listen to the training content, not to exceed three hours per training year.
Why can't I obtain credit toward my annual training hours by training others?
Section 747.1309 states training hours may not be earned for presenting training to others. Training others does not satisfy the purpose of obtaining training, which is to learn the newest techniques for dealing with children, learn the latest findings in what children need and how they develop, and to refresh and energize skills.
Training that you attend to learn new information, which you may share with others at a later date, is acceptable annual training if it complies with Section 747.1309 and Section 747.1315.
Listed Family Homes FAQs
How many children can I care for in my listed family home?
You may care for up to three unrelated children in your home in addition to children related to you. The maximum number of unrelated and related children may not be more than 12.
If I only care for children related to me, do I have to comply with the minimum standards?
No, if you receive federal subsidies from the Texas Workforce Commission and only provide care and supervision to children related to you then you only have to comply with the requirements of 40 Texas Administrative Code Section 745.8427 (relating to What are the expectations for a listed family home?), including:
- Operating within the limits of its permit;
- Ensuring a child in care is not abused, neglected, or exploited;
- Ensuring that there is no immediate risk to the health or safety of a child in care;
- Ensuring that any medication given to a child in care is administered according to Human Resources Code Section 42.065;
- Requesting background checks as required in Chapter 745, Subchapter F (relating to Background Checks);
- Paying all required fees as outlined in Chapter 745, Subchapter E (relating to Fees), unless exempt; and
- Complying with all other applicable laws and rules.
What does related mean?
The primary caregiver's children, grandchildren, siblings, great-grandchildren, first cousins, nieces, or nephews are considered related. This includes any of those relationships that exist due to common ancestry, adoption, or marriage.
Am I required to have liability insurance?
Yes, you must have liability insurance coverage unless you are unable to carry the insurance for any of the following reasons:
- Financial reasons;
- You are unable to locate an underwriter who is willing to issue a policy to the home; or
- You have already exhausted the limits of a policy that met the requirements.
If I am unable to carry or stop carrying liability insurance what do I need to do?
You must notify a child's parent in writing that you do not carry liability insurance before admitting a child into your care or within 30 days after you stop carrying it. You must send written notification of the reason you are not carrying liability insurance to Child Care Regulation by the anniversary date of the issuance of your listing permit.
Am I required to have a crib for every infant in my care?
A crib or play yard is required for every non-walking infant younger than 12 months of age.
Once an infant is walking or turns 12 months old, they may nap or rest on an individual cot, bed, or mat that is waterproof or washable.
What type of mattress should my cribs have?
You must have a firm, flat mattress, designed by the manufacturer, that snugly fits the sides of the crib or play yard. The mattress should be covered with a tight-fitting sheet and you may use a mattress cover to protect against wetness, but it should not be designed to make the sleep surface softer.
Are infants allowed to sleep in a crib with blankets or stuffed animals?
No, loose items such as pillows, blankets and stuffed animals are suffocation hazards and must not be placed in a crib with an infant younger than 12 months of age.
If I use a baby monitor that allows me to hear the children when I am out of the room, will this comply with the minimum standard for supervision?
Auditory awareness is only one component of the standard Section 742.303(5), requiring supervision at all times. You must consider the ages of the children, their individual differences and abilities, the layout of the home and play area and other hazards or risks. You must also have physical proximity to the children in your care and must intervene when necessary to ensure children's safety. The use of the baby monitor as an appropriate method of supervision would depend on each of these variables.
When will Child Care Regulation inspect my listed family home?
CCR is required to investigate a complaint that a listed family home violated a minimum standard. An investigation inspection will occur when DFPS and/or Child Care Regulation receives a report or complaint from the public regarding a possible violation of the Minimum Standards.
If Child Care Regulation determines that you violated a minimum standard, we will conduct follow-up activities, which may include an inspection, to verify that you corrected the violation.
What child safety seat systems are required when transporting the children in my care?
The appropriate child safety seat is required based on the age and height of a child. To determine the appropriate child safety seat system for the children in your care, visit the Save me with a seat website.
If I have a question not listed above who should I contact?
For any questions regarding the Listed Family Home Minimum Standards you can contact us via email or call your local Child Care Regulation office.