Form 2838, Miscellaneous Program Request for Exemption from Child Care Regulation

Instructions for Opening a Form

Some forms cannot be viewed in a web browser and must be opened in Adobe Acrobat Reader on your desktop system. Click here for instructions on opening this form.

Documents

Effective Date: 9/2024

Instructions

Updated: 9/2024

Purpose

A program exempt from or otherwise not subject to regulation by Child Care Regulation (CCR) may operate legally without:

  • receiving a permit from CCR; or
  • complying with the statutes, administrative rules, or minimum standards that govern regulated child care in Texas.

A program is not required to submit an exemption request for CCR to determine if it is exempt. The form speeds up the process. CCR uses the information submitted with the form to determine if the program is exempt.

Procedure

When to Prepare

A program submits the form to seek exemption from regulation by CCR as a miscellaneous program. CCR reviews the completed form to decide if the program is exempt from regulation based on it being a:

  • neighborhood recreation program under 26 Texas Administrative Code (TAC) Section 745.129(1), or
  • food distribution program under 26 TAC Section 745.129(6).

For more information about programs that are exempt from regulation by CCR, review 26 TAC Chapter 745, Licensing, Subchapter C, Operations That Are Exempt From Regulation.

Transmittal

For a program CCR does not currently regulate, scan and email the completed form and supporting documentation to the Unregulated Operations Unit.

If CCR currently regulates the program, scan, and email the completed form and supporting documentation to your CCR representative.

Detailed Instructions

Complete all sections of the form that are relevant to your program. If you have questions about any part of the exemption request form, email the Unregulated Operations Unit.  Note: If you are requesting an exemption for 26 TAC Section 745.129(2) Skills Program, use Form 2833, Single Skill Program Request for Exemption from Child Care Regulation, instead of this form.

Section A Identifying Information – Complete all fields in this section.

Section B Program Information

Part I collects general operating information about your program.

Part II collects information about the details of your program.

Section C Physical Facility is Shared with Another Program collects information about shared space with another program. Only complete this section if your program shares space with another program. Note: CCR collects this information to determine if your program and any other program that operates at the same location and same time are separate programs.

Section D Requested Documents is a list of documents your program is asked to submit to support that your program is exempt. Check each box for the documentation you are providing as part of your request.