Texas Human Resources Code Chapter 42 governs licensing and registration of home-based child care statewide through HHSC. Registered family homes serve up to 6 children under 14, must follow state minimum standards, and cannot be banned solely by zoning.
HRC 42.041-42.072 require any person providing regular care for compensation to children unrelated to the caregiver to be licensed or registered with the Texas Health and Human Services Commission. A 'registered family home' may serve up to six unrelated children plus household children, while a 'licensed child-care home' may serve up to twelve. Operators must pass background checks, maintain liability insurance disclosure, follow minimum standards (supervision ratios, safe sleep, immunization records), and undergo periodic state inspections. Texas courts have held that a properly registered family home is a residential use; cities may impose neutral zoning rules but cannot categorically prohibit registered home daycare in residential zones.
Operating without registration or licensing, exceeding child capacity, failing background checks, or violating minimum standards can result in HHSC enforcement, fines, criminal penalties under HRC 42.078, and closure orders.
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