Minimum Standards

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 (CCR), 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 at the end of each standard or subsection. Only those standards which can be cited 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, visit the Enforcement Actions webpage.

What's New in Child Care Regulation?

CCR has posted important compliance information for legislation resulting from the 87th Legislative Session below.

87th Legislative Session (2021)

Liability Insurance Requirements

Liability Insurance Requirements for Licensed Operations, Registered Child Care Homes and Listed Family Homes (PDF)

86th Legislative Session (2019)

Day Care Operations

24-Hour Residential Care Operations and Child-Placing Agencies

Background Checks

TAC 745, Subchapter F, Background Checks (PDF in English)

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.

Minimum Standards

What's New in Child Care Regulation?

87th Legislative Session (2021)

Liability Insurance Requirements

86th Legislative Session (2019)