A program that is exempt from HHSC regulation or is otherwise not subject to HHSC regulation may operate legally without receiving a permit (license, certification, registration or listing) from Child Care Licensing; or complying with the statutes, rules, or standards that govern regulated child care in Texas. Such a program does not have to meet the requirements of a specific exemption under Texas Human Resources Code (HRC) §42.041(b).
When to Prepare
Licensing uses this form to determine whether a program is exempt from HHSC regulation based on an exemption for one of the following:
• Parents on premises under Title 40 Texas Administrative Code (TAC) §745.117(1) (the rules will be transferred to Title 26 at a later date).
• Short-term program under a state program under 40 TAC §745.117(2).
• Religious program under 40 TAC §745.117(3).
• Foreign exchange sponsorship program under 40 TAC §745.117(4).
For further clarification, review 40 TAC Chapter 745 (Licensing), Subchapter C, Operations That Are Exempt From Regulation.
Mail the completed form and supporting documentation to the nearest Child Care Licensing office.
Complete all sections of the form that are relevant to your type of program. If a question does not apply, enter Not Applicable in the space. For answers to any questions when completing the form, contact your local Licensing office.
For further clarification, review 40 TAC Chapter 745 (Licensing), Subchapter C, Operations That Are Exempt From Regulation at: Child Care Standards and Regulations page.