Texas Statewide Rule
Texas Registered Family Home Daycare Statewide Standards
Key Facts
- Statute
- HRC Chapter 42
- Regulator
- Texas HHSC Child Care
- Family home capacity
- Up to 6 unrelated children
- Licensed home capacity
- Up to 12 children
- Background checks
- Required for all adults
Summary
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.
(c) A family home that provides care for compensation for three or fewer children, excluding children who are related to the caretaker, shall list with the commission if the home provides regular care in the caretaker's own residence. The home may register with the commission. (d) A family home that provides care for four or more children, excluding children who are related to the caretaker, shall register with the commission. A family home that provides care exclusively for any number of children who are related to the caretaker is not required to be listed or registered with the commission.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
Do I need to register my home daycare with the state of Texas?
Can a Texas city zone out home daycares entirely?
Who inspects Texas home daycares?
Sources
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