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Denton County, TX Home Business: Home Daycare (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

1-3 Children
HHSC Listed Family Home
4-12 Children
HHSC Licensed Home
County Permit
Not required
Background Check
Required for all adults
HHSC Region
Arlington (817-321-8604)

Summary

Home daycares are regulated by HHSC, not Denton County. Listed homes serve 1-3 children; licensed homes serve 4-12. No county permits required.

City-specific rules exist: Denton, Little Elm, and Flower Mound have their own home daycare rules that differ from Denton County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

hree or more days a week.(9) "Family home" means a home that provides regular care in the caretaker's own residence for not more than six children under 14 years of age, excluding children who are related to the caretaker, and that provides care after school hours for not more than six additional elementary school children, but the total number of children, including children who are related to the caretaker, does not exceed 12 at any given time. The term does not include a home that provides care exclusively for any number of children who are related to the caretaker.(10) "Cottage family home" means a family residential setting with one or more homes operating under the license of a cottage home operation and in whic

Source: HHSC Child Care LicensingView official code

Full Breakdown

Home-based childcare in unincorporated Denton County is governed entirely by state law through the Texas Health and Human Services Commission (HHSC), which replaced the Department of Family and Protective Services for childcare licensing. A Listed Family Home may care for 1-3 unrelated children and must register with HHSC, complete background checks, and maintain basic safety standards. A Licensed Child-Care Home may care for up to 12 children (with no more than 6 under 18 months) and requires HHSC licensing, pre-service training (24 hours), annual training (30 hours), fire inspection, and background checks for all household members over 14.

Denton County itself does not impose additional regulations, permits, or inspections on home daycares. In unincorporated areas, septic system capacity should be evaluated for homes caring for large numbers of children. HOA deed restrictions commonly restrict or prohibit home daycare operations as commercial activity. Texas Human Resources Code Chapter 42 establishes the statewide framework. HHSC Child Care Licensing regional office for Denton County is in the Arlington region at 817-321-8604.

Violations & Fines

Operating without required HHSC listing or license: administrative penalties up to $500 per day. HHSC can issue emergency suspension for immediate danger to children. Licensed homes with violations face probation, suspension, or revocation. Criminal penalties for abuse or neglect under TX Penal Code.

Frequently Asked Questions

Do I need a Denton County permit to run a home daycare?
No county permit is required. You must register with the Texas Health and Human Services Commission (HHSC). For 1-3 unrelated children, apply as a Listed Family Home. For 4-12 children, apply for a Licensed Child-Care Home through HHSC.
Can my HOA prevent me from running a home daycare?
Yes. HOA deed restrictions can prohibit home daycare as commercial activity. Texas law protects Listed Family Homes (1-3 children) from some local restrictions, but HOA civil enforcement through deed restrictions is generally upheld by Texas courts.

Sources & Official References

Other rules in Denton County

All Denton County rules

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