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Arlington, TX Home Business: Home Daycare (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 2026

Key Facts

License Requirement
State via HHSC Chapter 42 required
Capacity
Registered homes 6 children, licensed 12 age-dependent
Arlington Standards
Must comply with UDC
Employees
Typically one nonresident max
HOA Restrictions
May impose additional rules

Summary

Arlington allows registered and licensed child-care homes in residential districts as home occupations under the Unified Development Code. State licensing through the Texas Health and Human Services Commission is required under Texas Human Resources Code Chapter 42, and operators must also meet Arlington's home occupation standards including limits on nonresident employees, signage, and client traffic.

Sec. 42.002. DEFINITIONS. In this chapter:(1) "Child" means a person under 18 years of age.(2) "Division" means the division designated by the department to carry out the provisions of this chapter.(3) "Child-care facility" means a facility licensed, certified, or registered by the department to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers.(4) "General residential operation" means a child-care facility that provides care for seven or more children for 24 hours a day, including facilities known as residential treatment centers a

Source: Texas HHSC Child Care RegulationView official code

Full Breakdown

Home daycare in Arlington is regulated at two levels. The Texas Health and Human Services Commission (HHSC) licenses and registers child-care providers under Texas Human Resources Code Chapter 42, which sets minimum standards for health, safety, staff-to-child ratios, background checks, and facility conditions. A Registered Child-Care Home may care for up to 6 children under age 14 (with limited additional school-age children), while a Licensed Child-Care Home may care for up to 12, depending on ages. Listed Family Homes serve fewer children and have lighter oversight.

Arlington's Unified Development Code permits these state-licensed or registered operations as home occupations in residential zones, provided the use remains clearly incidental to the residence. Typical city standards include no more than one nonresident employee, no exterior evidence of the business beyond a small permitted sign, no alteration of the home's residential character, and drop-off/pick-up activity that does not create parking congestion or safety hazards on neighborhood streets. 007 prevents HOAs from banning certain family home care situations outright in limited circumstances. Fire safety inspections, playground fencing, and smoke detector requirements also apply under state licensing rules. Operators should register with HHSC before advertising services and confirm Arlington zoning compatibility with the Planning Department.

Violations & Fines

Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact Arlington code enforcement directly for current fines, enforcement procedures, and hearing options.

Frequently Asked Questions

Do I need a city permit in addition to the state license?
Arlington does not issue a separate daycare license, but your operation must comply with home occupation rules in the UDC. Check with the Planning Department to confirm your zoning district allows the use.
How many children can I legally watch in my Arlington home?
Without state registration, Texas allows informal care of up to 3 unrelated children. Beyond that, HHSC registration or licensing is required, with limits of 6 to 12 children depending on the license type and ages.
Can my HOA prohibit a home daycare?
Many HOAs restrict commercial activity including daycare. Texas Property Code §202.007 offers limited protections but generally HOAs can enforce restrictions against regulated family home businesses. Review your deed restrictions.

Sources & Official References

Other rules in Arlington

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